Summary:

 House Bill 508 (HB 508): This legislation reinforces open government principles by requiring agencies to re-notice and accept comments on substantial changes to proposed rules. It seeks to ensure that the public can review and comment on any major modifications before final rules take effect, without adding the extra burden of another full public hearing. 

Legislation Overview:

 House Bill 508 (HB 508): The primary goal of this legislation is to ensure more transparency and public participation in the rulemaking process by requiring an additional public comment period if a proposed rule undergoes any substantial change before it is finalized.
The following would be considered key definitions:
•	“Agency” - Any state government entity, except for the judicial and legislative branches.
•	“Proposed Rule” - A rule provided to the public for review and comment prior to adoption, amendment, or repeal (with legal authority to do so).
•	“Substantial Change” - A change to a proposed rule that alters the meaning or effect of a regulatory provision of the rule.
•	“Rulemaking” - The process of adopting, amending, readopting, or repealing a rule.
Additional Public Comment Period - When Required: 
•	If an agency decides to make a substantial change to a proposed rule after public comment has already taken place, the agency must hold another 21-day comment period.
Publication of Notice
•	The agency must publish a notice of the additional comment period:
•	In the New Mexico register (the official publication for notices).
•	Through the agency’s regular channels (e.g., the agency website, Sunshine Portal, and to individuals who have requested notice).
•	The notice must announce a 21-day window in which the public may submit written or electronic comments on the changes only.
•	No Additional Hearing Required
•	A substantial change to a proposed rule does not trigger the need for another public hearing, only the additional comment period.
Content of the Notice:
•	A summary of the changes.
•	A citation to any technical information (data, studies, etc.) that informed these changes and directions on how to access the full text.
•	Instructions for how, where, and when to submit comments.
•	Information on how to obtain the full text of the proposed rule.
•	A direct link to an online version of the proposed rule (free of charge).
Administrative Details - Publication Timeline:
•	The state records administrator (or designee) must publish the notice in the next available issue of the New Mexico register.
•	Changes to the Comment Deadline
•	If the agency changes the deadline, it must provide notice of the new deadline to the public.
Costs and Fees:
•	Agencies may charge reasonable fees for nonelectronic copies of materials.
•	No fees may be charged for electronic copies.
 

Current Law:

 Time limit on adoption of a proposed rule; filing and 
compliance required for validity. 
A. Except in the case of an emergency rule, no rule shall be valid or enforceable 
until it is published in the New Mexico register as provided by the State Rules Act.  
B. An agency shall not adopt a rule until the public comment period has ended. If 
the agency fails to take action on a proposed rule within two years after the notice of 
proposed rulemaking is published in the New Mexico register, the rulemaking is 
automatically terminated unless the agency takes action to extend the period. The 
agency may extend the period of time for adopting the proposed rule for an additional 
period of two years by filing a statement of good cause for the extension in the 
rulemaking record, but it shall provide for additional public participation, comments and 
rule hearings prior to adopting the rule.  
C. An agency may terminate a rulemaking at any time by publishing a notice of 
termination in the New Mexico register. If a rulemaking is terminated pursuant to this 
section, the agency shall provide notice to the public.  
D. Within fifteen days after adoption of a rule, an agency shall file the adopted rule 
with the state records administrator or the administrator's designee and shall provide to 
the public the adopted rule. The state records administrator or the administrator's 
designee shall publish rules as soon as practicable after filing, but in no case later than 
ninety days after the date of adoption of the proposed rule. Unless a later date is 
otherwise provided by law or in the rule, the effective date of a rule shall be the date of 
publication in the New Mexico register.  
E. A proposed rule shall not take effect unless it is adopted and filed within the time 
limits set by this section.