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HOUSE BILL 191
57
TH 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
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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.
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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.
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 prevention;
(2) prepositioning firefighting resources and
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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.
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. 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
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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
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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
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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;
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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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