The Environmental Protection Agency (EPA) has long required community water systems to deliver customers regular Consumer Confidence Reports, highlighting information about water supply, quality, and the distribution system. More recently, federal regulations, including the Lead and Copper Rule Improvements (LCRI) and National Primary Drinking Water Regulation for Per- and Polyfluoroalkyl Substances (NPDWR for PFAS), stipulate additional noticing with required language. Water suppliers with lead, galvanized, or unknown service lines must inform consumers about the risk of lead exposure, the location of these service lines, and plans for replacement. If PFAS is detected in the water supply, the NPDWR mandates noticing that explains the risk of exposure and treatment options to reduce PFAS levels in the water supply. While these regulations spell out what needs to be included in the notifications, the information is often very technical and alarming — especially if a water supplier lacks access to a skilled public information officer. However, required public noticing can be leveraged as an additional opportunity to communicate with consumers by augmenting the required information in layman’s terms with engaging visuals to ensure the messaging is not only received, but understood.
Start with Consumer Confidence
One of the best practices a utility can incorporate into their operations is transparency with customers, even before noticing requirements kick in. Regular communication — whether it is in the form of mailed or emailed newsletters or social media presence — is a key component of building public trust. Though it might seem like extra work to deliver messages to consumers on a regular basis, this open communication sets the stage for times when you need to comply with regulatory noticing or, even more so, when you need public support on a bond measure for investment in critical infrastructure. Not communicating on a regular basis may seem innocuous, but it makes it harder in the long run to have voter support when needed.
For example, a water agency that sends monthly newsletters to account holders establishes a foundation of transparency. These newsletters can contain information about the system, projects currently underway, and other details that highlight the agency’s effort to provide a reliable, high-quality water supply. The agency may opt to feature some of its operations staff, making a connection between the people who deliver the water supply and the consumer. Maybe the agency highlights its participation in community events or advertises opportunities to tour water treatment facilities. All of this information is a touch point opportunity to instill consumer confidence.
Build upon required language
Regulations that stipulate public noticing based on certain criteria provide language that must be included in every public notice. This language is often highly technical and confusing for the average consumer who doesn’t have a background in water treatment and distribution. When water agencies distribute only what is required, consumers receive pages covered in words that either get immediately tossed because they don’t have time to decipher the meaning or create cause for concern because of the legalese.
The easiest way to address this is to include what is required and incorporate additional information to make it easier to understand. As you set out to augment the mandatory regulatory language, here are a few questions to help develop your key messaging:
- Who needs to know about this regulatory matter?
- What is the most relevant or important information for the reader?
- What area of the community is this impacting?
- When will the problem be fixed?
- Why does it matter to the reader?
The answers to these questions will determine what key points you could highlight in a key summary box. It might also shed light on a particular topic that an illustration could better convey, such as a graphic showing what a service line is rather than simply stating it is the pipe that connects the distribution main to the residence or business. It might also inform some anticipated questions, which could be conveyed in a “frequently asked questions” section. If your agency has a robust website or pages dedicated to the regulation at hand, add a QR code to the mailing to direct the recipient to the landing page where they can learn more if they choose.
While you’re adding context to the required language, it is also important to remember what to leave out. The average consumer is not going to care about the state ordinance or federal bill numbers, nor are they going to be invested in what the regulation says. Avoid blaming the regulation or the political parties responsible for the regulation because, while it might gain support from customers who align with pointing fingers at one political party or the other, it could also alienate a large segment of your customer population. Furthermore, leave the jargon to the required regulatory language and use layman’s terms for what you add in.
Ask for help
Regulatory agencies are often willing to help the bodies they govern with ensuring the public notices comply with the regulation and convey the necessary information. Ask to meet with them to discuss your key messages, communications plan, and strategy for compliance. They may have individuals readily available to review the communications you draft and provide feedback based on their expertise.
If you have the capacity, incorporate public communication in your request for proposals. Woodard & Curran has proven success working with public agencies to comply with public noticing and creating engaging communications plans that win over public support for major infrastructure projects. We have seen firsthand what works best, especially in compliance with the LCRI and NPDWR for PFAS and we are ready to leverage that expertise with more public clients across the country.
