The bill amends the State Rules Act to require state agencies to hold additional public comment periods when substantial changes are made to proposed rules. A "substantial change" is defined as any alteration that affects the meaning or effect of a regulatory provision within the rule. When such a change occurs, the agency must provide a twenty-one-day public comment period, during which individuals can submit their feedback in written or electronic formats. The agency is also required to publish a notice of this additional comment period in the New Mexico Register, detailing the changes made, how to access the full text of the proposed rule, and the process for submitting comments.
Additionally, the bill modifies the definition of "provide to the public" to include distribution through the New Mexico legislative council service for legislative committees, replacing the previous requirement to provide this information to the New Mexico legislative council. The bill ensures that agencies consider all comments submitted during the additional public comment period, although it clarifies that a substantial change does not necessitate a new public rule hearing. Furthermore, it allows agencies to charge reasonable fees for providing records in non-electronic formats while prohibiting fees for electronic records.
Statutes affected: introduced version: 14-4-2