Advisory Groups and Best Practices

[Alan Strasser <astrasser@hazmed.com>]

I wrote in earlier under Permits and Rules about best practices using advisory committees (see 7/18/01 Re: Best Practices for Permitting and Policy by A. Strasser). There is some confusion about community advisory committees, since they can EITHER be sponsored by an AGENCY or a FACILITY. If sponsored by an agency, they typically must comply with open meeting laws such as Federal Advisory Committee Act (FACA) or the state equivalent. I spoke of a best practice being a "balanced committee membership" and spoke of provisions in the Negotiated Rulemaking Act as requiring that. I wanted to provide a more specific citation under FACA. Under sec. 101-6.1007 (agency procedures for establishing advisory committee) the agency head must submit a charter to congressional committees that includes: "a description of the agency's plan to attain fairly balanced membership. The plan will ensure that, in the selection of members for the committee, the agency will consider a cross section of those directly affected, interested, and qualified..." Hence, congress and the agencies knows the best practices that go into stakeholder involvement processes as these have been written into well know laws. Again, in hearing that industry sponsored "advisory groups" frequently do not have such balance, they threaten the credibility of agency's  who try to use them to sort through complex agency decisions. The public may not appreciate the true opportunities to participate when a properly functioning advisory group is established. Again, buyer beware. The answer is education and training for agencies and interested members of the public.

Happy weekend.

Alan Strasser