Summary:

 House Bill 425 (HB 425) amends the State Rules Act to require agencies to respond in writing to public comments on a proposed rule before promulgation. The bill mandates that agency responses be published in the New Mexico Register along with the final rule. The measure also establishes specific criteria for agency responses and extends the timeframe for adopting proposed rules. HB 425 takes effect on July 1, 2025.
 

Legislation Overview:

 House Bill 425 (HB 425) strengthens public participation in rulemaking by requiring state agencies to provide written responses to all public comments submitted on a proposed rule before it is finalized. Each agency’s response must:
	•  Be unique to each public comment.
	•  Address the factual concerns raised by the comment.
	•  Explain how the comment impacts the final version of the rule.

The bill also requires that these written responses be published in the New Mexico Register alongside the adopted rule, ensuring transparency and public accountability.

HB 425 extends the timeframe for adopting proposed rules. Currently, an agency must finalize a rule within two years of the notice of proposed rulemaking, or the rulemaking process is terminated. Under the bill, agencies can extend this period for an additional two years by filing a statement of good cause, provided that they offer additional public comment opportunities before final adoption.

The bill clarifies that agencies may terminate a rulemaking process at any time by publishing a notice of termination in the New Mexico Register. It also ensures that all newly adopted rules, along with agency responses to public comments, must be published within 90 days of adoption. HB 425 takes effect on July 1, 2025.

Implications

HB 425 increases transparency and public accountability in the rulemaking process by requiring agencies to provide formal responses to public comments. By ensuring that agencies address concerns raised by the public and publish their responses, the bill enhances the credibility of regulatory decisions and promotes stakeholder engagement.

The requirement for agencies to issue individualized, fact-based responses may impose an administrative burden, particularly for agencies that receive a high volume of comments. This could lead to longer rulemaking timelines and increased staffing or resource needs to comply with the new requirements.

The extended adoption period for proposed rules allows agencies more flexibility but also risks delaying necessary regulatory updates if extensions become routine. The publication of agency responses in the New Mexico Register ensures that public concerns are documented and accessible, preventing agencies from disregarding significant public feedback. 

Current Law:

 Under current law, agencies must provide a 30-day public comment period for proposed rules and consider submitted comments, but there is no requirement to issue written responses or publish them in the New Mexico Register. Agencies must adopt a proposed rule within two years of publication in the New Mexico Register, but extensions are not explicitly defined. HB 425 formalizes these requirements and expands public visibility into agency rulemaking.