5/1/2020

Commenting on State Agency Rules

Melanie Houston,

Director of Water Policy & Environmental Health

Ohio Environmental Council

January 16, 2012 1

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

Laws or statutes = legislation that is passed by the Ohio General assembly and codified into Ohio Revised Code (ORC)

Primer: Laws vs. regulations

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)

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

Laws vs. statues cont.

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

How to find state agency rules

1. Sign up for email alerts (through state of Ohio) 2. Contact agency -> get on interested party mail list (http://www.ohio.gov/agencies/) 3. The Register of Ohio -> www.registerofohio.state.oh.us

4. Ohio Environmental Council website -> www.theOEC.org

What to do before commenting?

Read, Research, & then Reach out 1. READ: a) Read the public notice about the rule (will provide the what, when & who) b) Read the actual rule

Read:

How to read a rule

A proposed rule may come in three forms: 1. Amendment (change) of an existing rule a) Existing text to be deleted b) Next text to be added to a rule 2. A new rule 3. Rescission of an existing rule, which may be: a) Removal of law altogether or b) Removal of law, plus replace with new rule (i.e

rescind and replace)

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

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)

Compose your comments

How to draft your comments, suggested format: 1. Introduce yourself or your organization a) b) If org – give your mission If individual – explain how affected by the rule 2. Provide general comments a) Summarize opinion as a whole 3. Provide specific comments a) Provide alternatives or recommendations

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)

To whom should you send comments

1. Agency (or agency representative) listed in the notice 2. May also send more broadly, examples include: – – – Other agency officials Other agencies State Representative or Senator – The OEC or other environmental organization

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)

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

Thank you!

Melanie Houston [email protected]

614-487-5849