Section 5022 - Filing of Appeal(a) No later than 30 calendar days after the date a certification of consistency is filed with the council, any person, including a member of the council or its executive officer, or delegee, may file an appeal claiming that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, that action will have a significant adverse impact on the achievement of one or both of the coequal goals of the Sacramento-San Joaquin Delta Reform Act of 2009 (Wat. Code, § 85000 et seq.) or implementation of government-sponsored flood control programs to reduce risks to people and property in the Delta.(b) All appeals shall be in writing and filed with any supporting documentation through the council's covered actions portal and shall be public records consistent with the California Public Records Act (Gov. Code § 7920.000 et seq.).(c) An appeal shall be in writing and clearly and specifically set forth the basis for the claim that the covered action is inconsistent with the Delta Plan. It shall contain all of the following:(1) Appellant's name, residence address or mailing address, email address, and telephone number.(2) The project name of the covered action, and identification number issued by the council.(3) The name of the certifying agency.(4) A statement of the factual allegations upon which the appeal is based.(5) A list of the specific Delta Plan policies that the appellant alleges the proposed covered action is inconsistent with, and for each policy identified, both of the following: (A) A concise statement of the authority, evidence, and arguments relied on to support the appellant's claim that the proposed covered action is inconsistent with the Delta Plan policy.(B) How the claimed inconsistency will have a significant adverse impact on one or both of the coequal goals or the implementation of a government-sponsored flood control program to reduce risks to people and property in the Delta.(d)(1) An appeal shall be considered timely when received by the council no later than 5:00 p.m. (PT) on the 30th calendar day following the council's receipt of the certification of consistency.(2) The effective date of a timely appeal shall be the 30th calendar day after the date of receipt of the certification of consistency.(3) A copy of the appeal shall be stamped "Filed" with the effective date. The effective date of filing shall govern the timeframe established by Water Code section 85225.20.(e)(1) No later than five calendar days after the council has posted a notice of appeal pursuant to section 5023, a certifying agency shall submit to the council the record that was before the certifying agency at the time it made its certification. The record shall be certified by the agency as being "full and complete."(2) Any modifications to the certified record shall be subject to this article.(3) A certifying agency is strongly encouraged to either submit or make the record publicly available at the time it files its certification of consistency and provide information on its location in the certification.(4) The failure by a certifying agency to submit the record to the council on a timely basis as required pursuant to paragraph (1) shall be grounds for the council to remand the matter to the certifying agency on the basis that there was not substantial evidence presented to support the certification of consistency.Cal. Code Regs. Tit. 23, § 5022
Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Sections 6707 and 11020, Government Code; and Sections 85225.10, 85225.15 and 85225.20, Water Code.
1. New section filed 1-24-24; operative 1/24/24 pursuant to Water Code section 85225.30. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Government Code section 11343.8. (Register 2024, No. 4).