PUBLIC HEARINGS IN CALIFORNIA, USA

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PUBLIC HEARINGS IN CALIFORNIA, USA

• MARGRET J. KIM
• CALIFORNIA ENERGY COMMISSION
• Beijing, China
• August 16-17, 2005

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OUTLINE

• OVERVIEW
• PRE-HEARING PUBLIC PARTICIPATION
• PLANNING FOR PUBLIC HEARING
• HOW TO CONDUCT PUBLIC HEARING
• POST HEARING ACTIVITIES

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OVERVIEW

• What is the purpose of a Public Hearing?
• To provide a formal opportunity for the public to
  present oral comments and testimony (noticed and
  recorded)
• What are some informal opportunities for public
  to participate?
• Pre-hearing workshops or meetings (noticed but
  not recorded)

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• What are the different types of public hearings?
• Rulemaking hearings
• Other hearings (Policy, licensing, EIA,
  adjudicatory)

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• When is a public hearing required? (by law or
  policy)
• Examples
• Rulemaking If requested by a member of the
  public
• EIA review High interest to the community
  and/or clarify one or more relevant issues or
• Adjudicatory Necessary to establish a factual
  record.

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• Is holding a public hearing sufficient to satisfy
  public participation?
• Doe not serve as the only forum for citizen input
• Early and continual opportunity to
  participate
• Why early public participation?
• Better prepare for the hearing
• Minimize surprises at the hearing
• Resolve disputes before the hearing
• Efficient use of time at the hearing and
• Build popular support for the final decision.

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PRE-HEARING PUBLIC PARTICIPATION

• What public participation activities must occur
  prior to the public hearing?
• For rulemaking and other hearings
• Early notification
• Develop a stakeholder contact list
• Conduct outreach planning
• Scoping meetings and informal workshops
• Issue draft reports or regulations.

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PLANNING FOR PUBLIC HEARING

• At what point should the public hearing be
  scheduled?
• Rulemaking Not less than 45 days after formal
  notice of rulemaking
• Other hearings Generally toward the end of the
  public comment period

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• Where should the public hearing be held?
• Depends on the agency and type of hearing
• What other arrangements should be considered?
• Internet broadcast
• Call-in number and/or email address
• Recording (video or audio)
• Transcription
• Interpretation

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• How should the public hearing be publicized?
• Notices of hearing (notice of rulemaking)
• Stakeholder and contact list mailing
• Method of distribution
• Translation, if necessary

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• What should the notice of public hearing contain?
  
• Simple, eye-catching, readable, and informative
• Include at a minimum
• Date, time, place of hearing
• Option for participation by telephone and/or
  webcast, if available
• Discussion topics/agenda for the hearing
• Procedures for public comments
• Description and/or summary of project and
• Identify document(s) available for inspection.

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• Who are typically invited to participate in the
  public hearing?
• Rulemaking hearing Stakeholders, agency staff,
  other government agencies, general public, etc.
• Other hearings Applicant, agency staff, other
  government agencies, community-based
  organizations, intervenors, general public, etc.

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• Who should preside over the public hearing?
• Specialized hearing officer or agency
  staff/decision-maker
• Ensure that all comments are taken for the public
  record

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• Who can help the public with participating at the
  hearing?
• Public adviser, Public participation specialists
• Advises the public on the most effective methods
  of participating
• Assists in obtaining copies of public records
• Provides procedural guidance
• Renders his/her independent advice and advocate
  points of procedure

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HOW TO CONDUCT PUBLIC HEARING

• What needs to be prepared before the public
  hearing begins?
• Signage for the hearing
• Voluntary sign-in-sheet
• Speakers request form
• Public comment form
• Internet broadcast (video or audio)
• Call-in number and/or email
• Stenographer/interpreter

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• How should the public hearing commence?
• The hearing officer or government representative
  opens the hearing with the following opening
  remarks
• A "Welcome" and general instructions regarding
  the use of the meeting room
• A self introduction
• An announcement of the purpose of the hearing

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• How should the public hearing commence? (Cont)
• An announcement that notice of the hearing has
  been mailed, published, posted and/or announced
• An introduction of officials and dignitaries
  present and
• An introduction of the hearing panel members
  (i.e., government decision-makers), the Public
  Adviser, applicant, and other appropriate staff.

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• What else should be announced in the opening
  remarks?
• The sequence of events at the hearing and
  availability of the agenda
• The sequence of events that will occur after the
  hearing
• How to make public comments
• How public comments will be received

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• What else should be announced in the opening
  remarks? (Cont)
• duration of each comment (5 minutes minimum)
• other available methods for making comments
• comments become part of the public record
• consolidation of comments appointment of a
  spokesperson
• availability of Public Adviser

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• What is the order of presentation at the
  rulemaking hearing?
• After the opening remarks, staff makes a
  presentation
• Agency staffs general presentation
• overview of the proposed regulations
• background
• responsibility of the regulatory agency
• process
• summary of major issues and
• possible recommendation.

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• What is the order of presentation at the
  rulemaking hearing? (Cont)
• Agency staffs specific presentation for each
  rule
• proposal for rule
• summary of current rule
• issue
• recommendation

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• What is the order of presentation at the
  rulemaking hearing? (Cont)
• After the staff presentation, the hearing officer
  will open up the floor for public comments.
• After the public comment on the item (in person
  or by phone), staff may also be requested to make
  any additional comments.
• Closing remark by staff.
• Closing remark by hearing officer.

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• What is the order of presentation at the
  adjudicatory hearing?
• Remarks by other hearing panel members and Public
  Adviser.
• Applicant will provide background information
  about the project, including the description of
  the project, the project development process.
• Staff will summarize the review process and
  identify outstanding issues.

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• What is the order of presentation at the
  adjudicatory hearing? (cont)
• Intervenors may wish to elaborate on their
  concerns.
• Hearing officer takes testimonies and exhibits
  from the parties. Witnesses are subject to
  cross-examination. Depending upon the complexity
  of the case, typical order of presentation will
  be by the subject matter that is at issue (e.g.,
  air, biological resources, water, etc).

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POST HEARING ACTIVITIES

• What happens after the public hearing?
• Transcribe the recorded hearing,
• Summarize comments, and
• Respond to comments (relevant for rulemaking)
  

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• Is the hearing record made available to the
  public? Yes
• Rulemaking hearing Rulemaking Record
• Other hearings
• Docket office
• Website and
• Information repository

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• THE END