New Mexico 2025 2025 Regular Session

New Mexico House Bill HB191 Introduced / Fiscal Note

Filed 02/04/2025

                    Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance 
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they 
are used for other purposes. 
 
F I S C A L    I M P A C T    R E P O R T 
 
 
SPONSOR 
Small 
LAST UPDATED 
ORIGINAL DATE 2/4/2025 
 
SHORT TITLE Wildfire Suppression & Preparedness 
Fun
d 
BILL 
NUMBER House Bill 191 
  
ANALYST Davidson 
  
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
EMNRD No fiscal impact 
$111.2 to 
$222.4 
$111.2 to 
$222.4 
$222.4 to 
$444.8 
Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Is a companion to the General Appropriation Act. 
 
Sources of Information
 
 
LFC Files 
 
Agency Analysis Received From 
Energy, Minerals, and Natural Resources (EMNRD) Agency Analysis was Solicited but Not Received From 
Department of Finance Administration (DFA) 
 
SUMMARY 
 
Synopsis of House Bill 191   
 
House Bill 191 (HB191) creates two wildfire-related permanent funds administered by the 
Energy, Minerals and Natural Resources Department (EMNRD): the wildfire preparedness fund 
and the wildfire suppression fund.  
 
The wildfire preparedness fund will act as additional support for State Forestry Division’s (SFD) 
duties by supplementing wildfire preparations, including pre-positioning of resources and forest 
thinning work, for which the Legislature provides recurring funding for through the SFD budget. 
Further, the wildfire preparedness fund will act as a repository for reimbursements, 
appropriations, gifts, and revenue for preparedness work. The wildfire suppression fund will 
provide support for costs associated with actively fighting wildfires, including vehicle rental and 
repair and paying contract wildland fire fighters.  
 
HB191 requires EMNRD to report to the Legislature annually on August 15 on the balances, 
reimbursements, prior-year annual expenditures, and recommended appropriations for both 
funds, in addition to the anticipated wildfire conditions for the next year.  House Bill 191 – Page 2 
 
 
The Legislative Finance Committee (LFC) recommendation for the General Appropriation Act 
includes $12 million for the wildfire preparedness fund from the general fund. Funding for the 
wildfire suppression fund will come from wildfire suppression reimbursements from entities 
such as tribal and local governments and cities and counties and from appropriations from the 
general fund or the appropriations contingency fund.  
 
This bill does not contain an effective date and, as a result, would go into effect 90 days after the 
Legislature adjourns if enacted, or June 20, 2025. 
 
FISCAL IMPLICATIONS  
 
The appropriation of $12 million related to this bill is a nonrecurring expense to the general fund. 
Any unexpended or unencumbered balance remaining at the end of FY26 shall not revert to the 
general fund. 
 
HB191 is a companion to an appropriation in the General Appropriation Act, the bill itself does 
not have a major fiscal impact. The bill creates two new funds, but fund monitoring and 
reporting are a part of normal staff duties for executive agency staff. Fund monitoring could 
increase the workload for staff. Implementation of HB191’s reporting mechanisms could require 
EMNRD to increase its staff by one to two personnel. 
 
SIGNIFICANT ISSUES 
 
Expanded funding for wildfire suppression and preparedness, beyond the current recurring funds 
existing in SFD’s budget, will enable for swifter response to wildfires like the Salt and South 
Fork fires and enhance preparation for high fire risk areas like large parts of northern and 
southern New Mexico. 
 
Research done by Pew Charitable Trusts on state wildfire spending highlights several 
recommendations for states with high wildfire risk to enact: 
States should evaluate and strengthen current budgeting practices to account for growing 
risk. By comparing actual spending versus expected spending, assessing the threat of 
future fires, and implementing other tools, states can more accurately understand how 
much to budget for wildfire management, including mitigation.  
 
Pew also recommends that better tracking of spending on wildfire, specifically making spending 
data more “accessible, transparent, and comprehensive,” would give policymakers and fellow 
shareholders better information to more effectively allocate resources.  
 
House Bill 191, endorsed by LFC, enables better tracking of spending on wildfires by requiring 
EMNRD to report on the usage, reimbursement, and balance of both funds. The reporting will 
give the state a more accurate picture of how to budget for wildfire suppression and mitigation.  
 
Analysis from EMNRD expresses concerns about HB191 and its creation of two separate funds 
instead of one fund to supplement wildfire suppression and preparedness costs. Specifically, 
EMNRD analysis believes HB191 would have “significant impacts on wildfire operations,” 
pointing to the bill creating additional administrative work to fund operations from either one of  House Bill 191 – Page 3 
 
the funds and the reporting requirements the bill would require. 
 
EMNRD analysis notes suppression and preparedness efforts at times overlap, creating funding 
gray areas unaccounted for in HB191 for. EMNRD points to an example of pre-positioning work 
transitioning quickly to suppression work, and how the two fund option of HB191 has the 
potential to complicate the funding of the work. EMNRD also notes the tracking of expenditures 
from both funds has the potential to double the work of tracking while the agency is focusing on 
wildfire response.  
 
EMNRD analysis further notes wildfire operations are spread across the state to respond to 
unique situations due to the geographic disparity between the northern and southern parts of the 
state, and how wildfires and flooding can differently affect both: 
It is not uncommon for southern New Mexico to have a high level of wildfire activity in 
dry fuels while northern New Mexico is flooded with melting snow. If HB191 is enacted 
and two funds are established, FD’s administrative staff will be operating out of both 
funds at the same time. 
 
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP 
 
The LFC recommendation for the General Appropriation Act contains a $12 million transfer 
from the general fund to the wildfire preparedness fund. 
 
 
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