HB0191

HOUSE BILL 191

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

INTRODUCED BY

Nathan P. Small

AN ACT

RELATING TO PUBLIC FUNDS; CREATING THE WILDFIRE SUPPRESSION FUND AND THE WILDFIRE PREPAREDNESS FUND; REQUIRING REPORTING; ADDING AND AMENDING DEFINITIONS IN THE FOREST CONSERVATION ACT; MAKING APPROPRIATIONS.

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

SECTION 1. A new section of the Forest Conservation Act is enacted to read:

"[NEW MATERIAL] WILDFIRE SUPPRESSION FUND.--

A. The "wildfire suppression fund" is created as a nonreverting fund in the state treasury to provide a reliable and stable source of funding for the suppression of wildfires. The fund consists of distributions, reimbursements, gifts, grants, donations, income from investment of the fund and appropriations, including provisional appropriations made to the energy, minerals and natural resources department for purposes related to wildfire suppression pursuant to Sections 12-11-24 and 12-11-25 NMSA 1978.

B. The energy, minerals and natural resources department shall administer the fund. Money in the fund is appropriated to the energy, minerals and natural resources department for the following purposes, to be expended in a way to avoid and minimize economic or physical harm from wildfires and to protect the public health, safety and welfare:

(1) wildfire control and suppression;

(2) acquiring and maintaining technology for safe and efficient wildfire management; and

(3) securing grants and matching funds for wildfire emergencies.

C. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.

D. Reimbursements shall be deposited in the wildfire suppression fund.

E. Nothing in this section limits or prevents the energy, minerals and natural resources department from applying for or being appropriated money for the purpose of wildfire suppression pursuant to Sections 12-11-24 and 12-11-25 NMSA 1978.

F. As used in this section, "reimbursement" means a payment to reimburse the state for prior wildfire expenditures, as authorized by a memorandum of understanding, joint powers agreement, grant agreement, cost-share agreement or other agreement."

SECTION 2. A new section of the Forest Conservation Act is enacted to read:

"[NEW MATERIAL] WILDFIRE PREPAREDNESS FUND.--

A. The "wildfire preparedness fund" is created as a nonreverting fund in the state treasury to provide a reliable and stable source of funding for preparing for and preventing wildfires. The fund consists of distributions, gifts, grants, donations, income from investment of the fund and appropriations, including provisional appropriations made to the energy, minerals and natural resources department for purposes related to wildfire preparedness pursuant to Sections 12-11-24 and 12-11-25 NMSA 1978.

(1) wildfire prevention;

(2) prepositioning firefighting resources and conducting wildfire mitigation projects after resources are prepositioned;

(3) training firefighting personnel;

(4) repairing and replacing wildfire disaster management vehicles and equipment;

(5) publicizing and educating the public about wildfire danger conditions; and

(6) securing grants and matching funds for wildfire emergencies.

D. Nothing in this section limits or prevents the energy, minerals and natural resources department from applying for or being appropriated money for the purpose of wildfire preparedness pursuant to Sections 12-11-24 and 12-11-25 NMSA 1978."

SECTION 3. A new section of the Forest Conservation Act is enacted to read:

"[NEW MATERIAL] REPORTING--WILDFIRE FUNDS AND EXPENDITURES.--

A. The energy, minerals and natural resources department shall by August 15 of each year report to the legislative finance committee and the appropriate legislative interim committee on the following:

(1) the balances of the wildfire suppression fund and wildfire preparedness fund;

(2) a summary of wildfire reimbursements;

(3) a summary of appropriations made in the prior fiscal year to the energy, minerals and natural resources department pursuant to Sections 12-11-24 and 12-11-25 NMSA 1978, which shall include the total money appropriated, how the money was spent and the amount of unexpended and unencumbered money remaining;

(4) annual state expenditures for wildfire disaster management and preparation for the previous ten fiscal years;

(5) the average annual state expenditure for wildfire disaster management and preparation in the five fiscal years with the highest annual expenditures in the previous ten fiscal years;

(6) anticipated wildfire conditions for the next year; and

(7) a recommendation for appropriations to the wildfire suppression fund and the wildfire preparedness fund.

B. As used in this section, "reimbursement" means a payment to reimburse the state for prior wildfire expenditures, as authorized by a memorandum of understanding, joint powers agreement, grant agreement, cost-share agreement or other agreement."

SECTION 4. Section 68-2-7 NMSA 1978 (being Laws 1967, Chapter 208, Section 1, as amended) is amended to read:

"68-2-7. [FOREST FIRE AND SUPPRESSION DEFINED] DEFINITIONS.--As used in the Forest Conservation Act:

A. "emergency stabilization" means:

(1) a rapid assessment of burned watersheds to identify imminent post-wildfire threats to human life and safety, property and critical natural or cultural resources; and

(2) immediate actions to address these threats, including seeding, mulching, installing erosion and water run-off control structures or temporary barriers to protect recovering areas and installing warning signs;

B. "fire suppression damage repair" means a series of immediate post-wildfire actions taken to repair damages and minimize potential soil erosion and impacts resulting from fire suppression activities that:

(1) may begin before the fire is contained or firefighting resources are demobilized; and

(2) include repairing hand and dozer lines, roads, trails, staging areas, safety zones and drop points used during fire suppression efforts;

C. "firefighting personnel" means firefighters, fire finance and fire support personnel, emergency-hire firefighters called for wildfire disaster management and any other firefighters who by agreement or other means assist with wildfire disaster management;

D. "firefighting resources" means firefighter personnel, equipment, vehicles, technology and supplies needed to safely conduct wildfire suppression;

[A.] E. "forest fire" [means] and "wildfire" mean a fire [burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain or other vegetation; and] originating from an unplanned ignition, such as lightning, volcanoes, an unauthorized or accidental human-caused fire or a prescribed fire that is declared a wildfire;

F. "post-fire rehabilitation" means slope stabilization, erosion control, riparian restoration, seeding and reforestation of areas burned by a wildfire;

G. "preposition" means the positioning of firefighting resources in order to rapidly detect and respond to a wildfire;

[B.] H. "suppression" means all of the [activities to extinguish, limit or contain forest fire spread] actions taken in response to a wildfire to curtail the spread of the fire and eliminate all identified threats from the fire, beginning with discovery of the fire and continuing until the fire is completely extinguished and fire suppression damage repair and emergency stabilization have occurred;

I. "wildfire disaster management" means the initial wildfire response, suppression and post-fire rehabilitation and repair; and

J. "wildfire mitigation project" means work performed by firefighting personnel while prepositioned to mitigate future wildfires."

SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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