HB 1521 - AS INTRODUCED
2024 SESSION
24-2609
10/08
HOUSE BILL 1521
AN ACT requiring agencies to respond to issues raised by the public during the rulemaking process.
SPONSORS: Rep. Potenza, Straf. 19; Rep. Germana, Ches. 1; Rep. Mazur, Hills. 44; Rep. Comtois, Belk. 7
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill requires agencies adopting an administrative rule to provide prior to effectiveness, a detailed explanation for overruling each significant argument against the rule, and to post public comments on the agency webpage.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2609
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT requiring agencies to respond to issues raised by the public during the rulemaking process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Rulemaking; Explanation of the Rule. Amend RSA 541-A:11, VII to read as follows:
VII. [If requested by an interested person at any time before 30 days after final adoption of a rule,] Not later than 90 days following the later of the end of the public hearing or the end of the public comment period, the adopting authority shall issue an explanation of the rule. The explanation shall include:
(a) A concise statement of the principal reasons for and against the adoption of the rule in its final form.
(b) [An] A detailed explanation of [why the adopting authority overruled the arguments and considerations] the facts, data, interpretations, and policy choices that justify why the adopting agency overruled each significant argument against the rule.
2 Adoption of Rule; Effectiveness. Amend RSA 541-A:16, III to read as follows:
III. A rule shall become effective as of 12:01 a.m. on the day after the filing of the adopted rule or as of 12:01 a.m. on the date specified by the agency pursuant to RSA 541-A:14, IV, RSA 541-A:14-a, III, or RSA 541-A:19, X, or such other later date as specified, provided that filing occurs before such effective date. Provided, however, that the rule shall not be effective, or its adoption shall be postponed, until 90 days after the agency explanation required by RSA 541-A:11, VI(b) is posted on the agency's website and notice is given by the agency that it is available. Except as provided in RSA 541-A:14-a, a rule adopted under RSA 541-A:14, IV shall expire after the last day of the tenth year following its becoming effective, unless sooner amended, readopted, or repealed.
3 New Paragraph; Rulemaking; Public Comments; Requirement for Online Availability. Amend RSA 541-A:11 by inserting after paragraph X the following new paragraph:
XI.(a) Every public comment on a proposed rule that the agency receives via electronic means shall be promptly uploaded to a webpage maintained by the agency. Each proposed rule shall have a separate location for all public comments received for that rule, and the comments shall be searchable by the name of the commenter.
(b) Public comments received via regular mail shall, to the extent agency resources permit, be scanned and added to the webpage as electronic documents.
4 Effective Date. This act shall take effect upon its passage.