SENATE BILL 240

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Roberto "Bobby" J. Gonzales

 

 

 

 

 

AN ACT

RELATING TO TIMBER; ENACTING THE STRUCTURAL WOOD GRADING ACT; PROVIDING FOR IN-STATE STRUCTURAL WOOD GRADE CERTIFICATES; PROVIDING FOR THE USE OF STRUCTURAL WOOD THAT IS GRADED IN-STATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Structural Wood Grading Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Structural Wood Grading Act:

          A. "building inspector" means a person certified by the construction industries division of the regulation and licensing department and certified by one or more trade bureaus to conduct inspections of permitted construction work to ensure that all work performed by a contractor or homeowner complies with applicable building codes;

          B. "certificate" means a document that verifies the grade of structural wood that was milled in-state;

          C. "division" means the forestry division of the energy, minerals and natural resources department;

          D. "grader" means the owner of a commercial sawmill or the owner's designated employee who is licensed to inspect, certify and grade a piece of lumber at that sawmill;

          E. "license" means a structural wood grading license;

          F. "program" means the structural wood grading licensure program; and

          G. "structural wood" means dimensional lumber, structural beams and vigas milled in New Mexico.

     SECTION 3. [NEW MATERIAL] DIVISION POWERS AND DUTIES--STRUCTURAL WOOD GRADING SYSTEM--STRUCTURAL WOOD GRADING LICENSURE PROGRAM--STRUCTURAL WOOD GRADING LICENSE.--

          A. The division shall:

                (1) promulgate rules to carry out the provisions of the Structural Wood Grading Act, including for the:

                     (a) training and licensure of graders;

                     (b) training components and qualification of program instructors;

                     (c) oversight of the program; and

                     (d) grounds and processes for renewal, suspension of licensure, revocation of licensure and hearings;

                (2) develop and implement a state-specific system to grade structural wood that is milled in-state and then sold, transported or used in construction in-state;

                (3) create a structural wood grading licensure program accessible to sawmill owners and sawmill owners' employees. The program may be provided by a public post-secondary educational institution and shall provide training on structural wood grading; and

                (4) issue a structural wood grading license to a person who completes the program.

          B. The division may:

                (1) charge fees not to exceed two hundred fifty dollars ($250) to fund the program; and

                (2) issue a license to a person who has not completed the program if the person provides the division with proof of:

                     (a) current certification or licensure from a grading agency accredited by the American lumber standard committee; or

                     (b) a bachelor's or postgraduate degree in forest products or wood science and technology or an equivalent degree as determined by the division.

          C. A license shall include the name of the recipient and the date of issuance. The license is a five-year license that is not renewable unless the grader successfully re-completes the program.

          D. The division may suspend or revoke a license for good cause, as provided by rule. The grader shall be given notice of the reason for suspension and revocation and given the opportunity for a hearing. Procedures for the notice, hearing and final decision shall follow the procedures of the Uniform Licensing Act. A final agency decision may be appealed as provided in Section 39-3-1.1 NMSA 1978.

     SECTION 4. [NEW MATERIAL] STRUCTURAL WOOD GRADE CERTIFICATE--USE OF STRUCTURAL WOOD IN CONSTRUCTION.--

          A. A grader shall prepare a written certificate for any structural wood that has been graded and shall provide the certificate to the purchaser of the structural wood. The certificate shall include the following information:

                (1) verification that the structural wood was milled in a manner that meets the applicable building code requirements for the type of structure and the location in which the structural wood is to be used;

                (2) the name of the wood species;

                (3) the quantity of wood graded and certified;

                (4) the location where the wood is to be used;

                (5) the name and location of the commercial sawmill where the wood was processed;

                (6) the name of the grader; 

                (7) the date on which the wood was cut and processed;

                (8) the date on which the wood was graded; and

                (9) the moisture content of the wood at the time of grading.

          B. A grader shall only grade and certify structural wood that was milled in a commercial sawmill that the grader owns or is employed by. 

          C. Structural wood that has been graded and certified in-state may be used in all housing in the state.

          D. The end user of structural wood that has been graded and certified in-state shall provide the written certificate to the building inspector in lieu of a grade stamp. Wood that has been graded and certified in-state is equivalent to structural wood grade stamped by an accredited lumber grading or inspection agency.

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