Notice of Proposed Rulemaking Regarding the Delta Levees Investment Strategy

Notice of Proposed Rulemaking for Delta Plan Amendment Regarding the DLIS

The Delta Stewardship Council is proposing a regulatory amendment to implement the Council’s Delta Levees Investment Strategy (DLIS). This amendment would assign a priority of very-high, high, or other to each island or tract located within the legal boundaries of the Sacramento-San Joaquin Delta and Suisun Marsh.

Additionally, under the proposed amendment, the California Department of Water Resources would fund levee improvement projects at very-high priority islands or tracts before funding levee improvement projects at high or other priority islands or tracts. If available funds are sufficient to fully fund levee improvements at the very-high priority islands or tracts, then levee improvements on high priority islands or tracts may be provided, and after those projects have been fully funded, then levee improvement projects at other priority islands or tracts may be funded.

The proposed amendment would also require the DWR to submit an annual report to the Council including information describing Delta levee investments relative to the priorities.

The Council will accept public comments beginning on August 26, 2022, and concluding on October 13, 2022. Electronic comments are preferred and can be sent to oal_amendRRP1@deltacouncil.ca.gov. Written comments can be mailed to the following Council staff member.

Erin Mullin

Delta Stewardship Council

715 P Street, Suite 15-300

Sacramento, CA 95814

Comments will also be heard during a public hearing at the Council's October 27, 2022, meeting. An agenda will be available on the Council’s meetings web page at least ten days before the meeting that confirms the time at which this agenda item will be considered.

Documents associated with this rulemaking process can be accessed by emailing oal_recordsRRP1@deltacouncil.ca.gov.

VIEW THE NOTICE

The DLIS shows how the State prioritizes investments in levee operations, maintenance, and improvements in the Delta. Launched in 2014, the collaboratively developed DLIS aims to reduce the likelihood and consequences of levee failures to protect people, property, and State interests while advancing statewide water supply reliability and Delta ecosystem resilience in a manner that protects and enhances the Delta as a place where people live, work, and recreate.

The proposed amendment is not an expansion of the Council’s regulatory authority but a refinement to ensure State priorities are met as required by the Delta Plan. The rulemaking process typically involves multiple phases: an agency should give notice that it is considering adopting or amending a rule and hold a public comment period before approving and adopting the final rule. The Office of Administrative Law is responsible for ensuring State agency compliance with the rulemaking procedures and standards set forth in California’s Administrative Procedures Act.

Delta Stewardship Council

715 P Street, 15-300

Sacramento, CA 95814

deltacouncil.ca.gov

Business Hours:

8:00 AM-

5:00 PM

(916) 445-5511