SENATE BILL 33

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

INTRODUCED BY

Elizabeth "Liz" Stefanics and Harlan Vincent and Kristina Ortez and Anita Gonzales

 

 

 

 

AN ACT

RELATING TO FOREST CONSERVATION; ENACTING THE WILDFIRE PREPARED ACT; AMENDING AND RECOMPILING A SECTION OF THE NMSA 1978 TO BE A SECTION OF THE WILDFIRE PREPARED ACT; ADDING MEMBERS AND DUTIES TO THE FIRE PLANNING TASK FORCE; CREATING THE WILDFIRE PREPARED PROGRAM; CREATING THE WILDFIRE PREPARED FUND; RECONCILING CONFLICTING ENACTMENTS OF THE SAME SECTION OF LAW BY REPEALING LAWS 2003, CHAPTER 115, SECTION 1; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

 

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 "Wildfire Prepared Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Wildfire Prepared Act:

          A. "assessment" means an assessment of a structure or property for compliance with wildfire preparedness standards;

          B. "buffer" means an area treated to reduce wildfire fuel in order to act as a barrier between properties to limit and halt the spread of wildfire and provide a safe zone for firefighters to engage with wildfires;

          C. "certification" means a certificate provided pursuant to the wildfire prepared program indicating that a structure or property meets wildfire preparedness standards;

          D. "department" means the energy, minerals and natural resources department;

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

          F. "eligible property owner" means a person owning a primary residence in New Mexico who meets all requirements developed by the task force to be eligible for a wildfire prepared program grant;

          G. "high-risk area" means an area identified by the task force as having a high probability of wildfire that is likely to spread to structures or property;

          H. "noncombustible" means made from material of which no part will ignite and burn when subjected to fire;

          I. "primary residence" means a dwelling structure designed for long-term habitation in which the owner resides for a majority of the year and its property;

          J. "property" means the land adjacent to a structure;

          K. "qualified entity" means a political subdivision of the state or an entity contracted with for the hardening of structures to be wildfire prepared;

          L. "structure" means a constructed object, including primary residences or commercial buildings and outbuildings such as barns and sheds;

          M. "task force" means the fire planning task force;

          N. "wildfire" means a fire 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;

          O. "wildfire prepared" means being resistant to wildfire through actions to harden and make noncombustible structures and property to reduce the risk of structure ignition and building-to-building fire spread, including the use of noncombustible and ignition-proof building materials and landscaping property to reduce hazardous fuels; and

          P. "wildfire preparedness standards" means the standards developed by the task force for structures and property to be wildfire prepared.

     SECTION 3. Section 68-2-34 NMSA 1978 (being Laws 2003, Chapter 115, Section 1 and Laws 2003, Chapter 303, Section 1) is recompiled as a section of the Wildfire Prepared Act and is amended to read:

     "FIRE PLANNING TASK FORCE--DUTIES--WILDFIRE PREPARED PROGRAM--STANDARDS--REQUIREMENTS.--

          A. The "fire planning task force" is created. The task force shall consist of [twelve members as follows]:

                (1) the state fire marshal;

                (2) the director of the local government division of the department of finance and administration;

                (3) a representative of the commissioner of public lands;

                (4) a representative of the federal bureau of land management on behalf of the United States department of the interior, appointed by the governor after consulting with the department of the interior;

                (5) a representative of the United States forest service [appointed by the governor, after consulting with the forest service];

                (6) a member of a local fire department, appointed by the governor;

                (7) a member of a volunteer fire department, appointed by the state forester;

                (8) a representative of the New Mexico association of counties;

                (9) a representative of the New Mexico municipal league;

                (10) [the director] a representative of the construction industries division of the regulation and licensing department;

                (11) [the state forester; and] a representative of the division;

                (12) a representative of an Indian nation, tribe or pueblo, appointed by the governor;

                (13) a representative of the office of superintendent of insurance;

                (14) a representative of the homeland security and emergency management department;

                (15) a member with expertise in wildfire science and structures, appointed by the state forester; and

                (16) a representative of a state-based property insurance carrier trade association, appointed by the state forester, after consulting with the office of superintendent of insurance.

          B. The chair of the task force shall be elected by the task force. The task force shall meet at the call of the chair.

          C. The public members of the task force shall receive per diem and mileage pursuant to the Per Diem and Mileage Act.

          D. The [forestry] division [of the energy, minerals and natural resources department], with assistance from the department of finance and administration, shall provide staff for the task force.

          E. The task force shall:

                (1) identify [those] high-risk areas within the state [that, because of the interface between forests and urban buildings, are the most vulnerable to danger from forest fires];

                (2) develop standards for building codes, defensible space requirements and ordinances that will reduce the threat of [forest fires] wildfires. In developing the standards, the task force shall:

                     (a) recognize the distinction between altering existing situations and establishing standards for new construction;

                     (b) consider the benefits of thinning overgrown forests, conducting controlled burns, clearing spaces around homes and other structures, using [noncombustible roofing materials and double-pane windows] wildfire-resistant, noncombustible and ignition-resistant building materials, national standards for defensible space requirements, including making the five-foot zone closest to and surrounding structures noncombustible, and taking other fire suppression or prevention measures;

                     (c) consider the impact of fire mitigation measures on wildlife; and

                     (d) solicit comments from affected landowners, land users and local governments;

                (3) work with communities in the affected areas in adopting and implementing the building codes and ordinances;

                (4) develop wildfire preparedness standards for certification that are consistent with and no less stringent than the most recent standards developed by a nationally recognized wildfire prepared standard-setting organization, such as the insurance institute for business and home safety;

                (5) develop by June 30 of each year guidelines and requirements for eligibility for grants consistent with the provisions of and provided through the wildfire prepared program pursuant to Section 4 of the Wildfire Prepared Act; and

                [(4)] (6) report its progress and any recommendations for legislation to the governor and the legislature by December 15 of each year."

     SECTION 4. [NEW MATERIAL] WILDFIRE PREPARED PROGRAM.--

          A. The "wildfire prepared program" is created in the department to make structures and properties in New Mexico wildfire prepared. The department shall provide technical assistance and training, conduct assessments, provide certification and award grants to:

                (1) political subdivisions of the state to:

                     (a) make changes to structures and properties to make them wildfire prepared;

                     (b) conduct hazardous fuels reduction to provide buffers for structures and properties in high-risk areas; and

                     (c) establish community-based programs to conduct assessments and provide certification; or

                (2) qualified entities to assist eligible property owners with making the necessary changes to their primary residences for the sole purpose of making the primary residences wildfire prepared.

          B. At least fifty percent of the grant money awarded pursuant to this section shall be made to qualified entities for the purpose of assisting eligible property owners with making the necessary changes to their primary residences to make them wildfire prepared.

          C. Grants awarded pursuant to the wildfire prepared program shall be consistent with the guidelines and requirements developed by the task force.

     SECTION 5. [NEW MATERIAL] WILDFIRE PREPARED FUND.--

          A. The "wildfire prepared fund" is created as a

nonreverting fund in the state treasury to provide funding for the wildfire prepared program. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund.

          B. The department shall administer the fund. Money in the fund is appropriated to the department to administer, staff and carry out the provisions of the Wildfire Prepared Act.

          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.

     SECTION 6. APPROPRIATION.--Twenty million dollars ($20,000,000) is appropriated from the general fund to the wildfire prepared fund for expenditure in fiscal year 2025 and subsequent fiscal years for the purposes of the fund and the hiring and training of four full-time employees in the forestry division of the energy, minerals and natural resources department to administer the wildfire prepared program. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 7. REPEAL.--Laws 2003, Chapter 115, Section 1 is repealed.

     SECTION 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 9 -