Public comment and testimony are processes built into the United States regulatory legal system, allowing those affected by rulings, regulation, and legislation to have their voices and experiences heard by key decision makers.

Public Comment

Before a rule or regulation becomes final, the state or federal agency proposing it must allow for a period of public comment, where anyone can share their thoughts on the proposed rule.

Process (for federal notice and comment)

1. The agency proposing a new rule must publish a Notice of Proposed Rulemaking (NPRM) to the Federal Register, triggering a public comment period.
2. A public comment period of usually 30-60 days begins, during which anyone can comment on the proposed rule. This is mostly done through the regulations.gov portal.
3. After the period closes, the agency will review and consider all of the comments.
4. Then, the agency can either:
   • Revise the rule
   • Abandon it
   • Issue a final ruling, wherein the agency must respond to any significant public comment, recording how the public opinion shaped the rule.

Public Testimony

Public hearings occur at all levels of government – federal, state, and local — and are a more direct way for the public to reach key decision makers. There are many different kinds of public hearings where one can give testimony, but the most important ones to know are: legislative (about legislation and policy), administrative (about agency rulings), dispute resolution/judicial (where zoning boards and other commissions make decisions that affect individuals), and policy (about broad policy issues to better understand public sentiment).

Process

1. Notice: Advance notice of a hearing might be published on government websites and in local publications. A notice will specify date and time, as well as any other relevant information to the meeting.
2. The hearing will be formal and led by a presiding officer.
3. Each speaker will have a limited time to share their story, something like 2 to 5 minutes.
4. There won’t be much back and forth. While you might be asked a clarifying question, public hearing isn’t a discussion.
5. Records of the hearing and all speakers will be kept.
6. Feedback from public testimony will be considered in decision making.

If you choose to engage in public comment or testimony as a way of allowing your story to influence public policy, there are some guidelines around making effective comments, written and oral:

1. Educate Yourself: Before making your comment, figure out what you’re commenting on. This will help you figure out your angle.
2. Establish Credibility and Choose your Angle: Figure out why the decision makers should listen to you. What do you have at stake? What firsthand knowledge do you have that they might not have?
3. Write your Comment: Whether oral or written, you have to write out what you are going to say. There are a number of scripts for both online comment and oral testimony available online (see the additional resources section).
4. Stay Updated: After you comment, stay informed about what is happening in the aftermath of a public hearing or comment period.

Some tips for public testimony

• Testify in concert! You don’t have to do it alone. Get a bunch of people together from your organization or community and testify together at a public hearing from your unique perspectives.
• No person is too young to testify. A child explaining why they feel clean air is important might be even more impactful than a well-researched comment from an adult.

Additional Resources

• NRDC’s How to Make Effective Public Comment Toolkit
• Environmental Data and Governance Initiative’s How to Write Effective Public Comments Guide
• Public Comment Project’s Writing Effective Comments Guide
• Wisconsin Conservation Voter’s How to write and deliver testimony at a public hearing

Meeting with elected officials

Beyond public comment periods and public hearings, there are many ways to communicate with your elected officials. You can call their office or ask them to meet at any time. If you live in a big city, you probably won’t be able to sit down with the mayor, but you can at least talk to someone on their staff.

You can treat these meetings similarly to how you might treat a public hearing—what is your story? Why does your perspective matter? Think about these things when preparing to talk to an elected official or their staff.

In these meetings, you can share your concerns about something they are doing, or something they aren’t doing. Maybe your elected official hasn’t acknowledged a new issue in your community—you can bring that up here and bring it to their attention.

You might not change anyone’s mind or inspire immediate, huge action with a conversation like this. But at the very least you will be heard and met with a polite conversation.

For local organizations fighting local issues, this is a great way to advocate for your community.