The bill amends the State Rules Act to enhance public participation in the rulemaking process by requiring agencies to respond in writing to all public comments on proposed rules before those rules can be adopted. Specifically, it mandates that an agency must not adopt a rule until the public comment period has concluded and the agency has addressed each comment in writing. Additionally, if an agency does not take action on a proposed rule within two years of its publication, the rulemaking process will automatically terminate unless an extension is granted with justification and additional public participation.

Furthermore, the bill stipulates that responses to public comments must be unique, fact-specific, and address the impact of the comments on the proposed rule. These responses are to be published alongside the adopted rules in the New Mexico Register, which will now also include agency responses to public comments as part of its official publication. This legislative change aims to ensure transparency and accountability in the rulemaking process, fostering greater engagement from the public.

Statutes affected:
introduced version: 14-4-5, 14-4-5.3, 14-4-7.1