HB 267 AGENCY RESPONSE TO RULES COMMENTS

Rep Gail "Missy" Armstrong

Actions: [4] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 267 (HB 267) amends the State Rules Act (SRA); requires an agency to respond in writing to public comments on a proposed rule before the rule is promulgated; and requires publication in the New Mexico Register of Agency Responses to Public Comments (NMARPC). 

 House Bill 267 (HB 267) amends Section 14-4-5 NMSA 1978 to read:  “An agency shall not adopt a rule until the public comment period has ended and the agency has responded in writing to each public comment on the proposed rule.”

Section 14-4-5.3 NMSA 1978 is amended to read: “The agency shall consider all information and comment on a proposed rule that is submitted within the comment period and respond in writing to each public comment, pursuant to Subsection D of this section.” This Section also has new language detailing what must be included in the agency response, specifically, responses must be:

•	unique to that public comment; 
•	be fact-specific to the concerns of that comment; 
•	address the impact of the comment on the rule to be promulgated; 
•	be in writing; and 
•	be published with the rule in the New Mexico register.

Section 14-4-7.1 NMSA is amended to ensure consistency with changes to Section 14-4-5-3 NMSA 1978.
 

 If the bill does not pass, the requirements to respond in writing and comply with identified components of an appropriate response will not be included in the law.