Commenting on State Agency Rules

1. Commenting on State Agency Rules Melanie Houston, Director of Water Policy & Environmental Health Ohio Environmental Council January 16, 2012

2. Overview of presentation • Outline: • Primer on laws vs. regulations • How to find rules • What to do before commenting • How to compose your comments • Who to send comments to • Why it’s important to comment

3. Primer: Laws vs. regulations Laws or statutes = legislation that is passed by the Ohio General assembly and codified into Ohio Revised Code (ORC) Rules or regulations = language written by Ohio administrative agencies • Agencies given authority through the statutes to write rules/regulations • Codified into Ohio Administrative code (OAC)

4. Laws vs. statues cont. Rule making = • In Ohio each Agency rule has to be reviewed every five years • For a rule to be finalized, has to be reviewed and approved by JCARR JCARR = is the Ohio General Assembly’s Joint Committee on Agency Rule Review • Consists of 5 State Representatives & 5 State Senators • JCARR reports, agendas & meeting dates are available at www.jcarr.state.oh.us

5. How to find state agency rules • Sign up for email alerts (through state of Ohio) • Contact agency -> get on interested party mail list (http://www.ohio.gov/agencies/) • The Register of Ohio -> www.registerofohio.state.oh.us • Ohio Environmental Council website -> www.theOEC.org

6. What to do before commenting? Read, Research, & then Reach out • READ: • Read the public notice about the rule (will provide the what, when & who) • Read the actual rule

7. Read: How to read a rule A proposed rule may come in three forms: • Amendment (change) of an existing rule • Existing text to be deleted • Next text to be added to a rule • A new rule • Rescission of an existing rule, which may be: • Removal of law altogether or • Removal of law, plus replace with new rule (i.e rescind and replace)

8. Research Research or get to know the rule by… • Conducting research on the issue • Look for fact sheets on the rule (Ohio EPA often provides) • Conduct research that supports your position

9. Reach out Reaching out to: • Other individuals + community groups • Organizations like OEC, Sierra Club, etc • Agency to learn more info about the rule (can talk to agency personnel)

10. Compose your comments How to draft your comments, suggested format: • Introduce yourself or your organization • If org – give your mission • If individual – explain how affected by the rule • Provide general comments • Summarize opinion as a whole • Provide specific comments • Provide alternatives or recommendations

11. Compose your comments cont. Other items to remember when composing comments • Mainly stick to commenting on the rule being proposed • May also urge for other necessary regulations • Be professional • Personalize! (explain the local/community impact)

12. To whom should you send comments • Agency (or agency representative) listed in the notice • May also send more broadly, examples include: • Other agency officials • Other agencies • State Representative or Senator • The OEC or other environmental organization

13. To whom should you send comments cont. May also use media outreach/efforts to highlight comments • Press release or press event • Letter to editor • Blog or social media (Facebook, Twitter)

14. Why is it important to comment? Is all of that time and effort worth it? Yes! Because: • Opportunity to influence (improve) Ohio’s regulations • Creating a relationship with agency representatives • Gives agency a citizen’s perspective on rules …which they rarely get to hear

15. Thank you! Melanie Houston Melanie@theoec.org 614-487-5849