HAFC/HB 191
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AN ACT
RELATING TO PUBLIC FUNDS; CREATING THE WILDFIRE SUPPRESSION
FUND AND THE POST-WILDFIRE 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:
"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 HAFC/HB 191
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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 HAFC/HB 191
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is enacted to read:
"POST-WILDFIRE FUND.--
A. The "post-wildfire fund" is created as a
nonreverting fund in the state treasury to provide a reliable
and stable source of funding for post-wildfire emergency
stabilization, recovery and activities. 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
emergencies and post-wildfire activities 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) emergency stabilization;
(2) post-wildfire activities; and
(3) securing grants and matching funds for
post-wildfire emergencies and recovery.
C. Expenditures from the fund shall be by warrant
of the secretary of finance and administration pursuant to HAFC/HB 191
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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 wildfire
emergencies or post-wildfire activities 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:
"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 post-wildfire 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 HAFC/HB 191
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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 post-wildfire 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. 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 HAFC/HB 191
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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 resources" means state, local,
tribal, federal or other wildland firefighters, emergency
hire personnel, equipment, vehicles, aviation, technology and
supplies needed to safely conduct wildfire suppression;
D. "forest fire" and "wildfire" mean a fire
originating from an unplanned ignition, such as lightning, an
unauthorized or accidental human-caused fire or a prescribed
fire that is declared a wildfire;
E. "post-wildfire rehabilitation" means slope
stabilization, erosion control, riparian restoration, seeding
and reforestation of areas burned by a wildfire;
F. "preposition" means the staging and positioning
of firefighting resources in order to rapidly detect and HAFC/HB 191
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respond to a wildfire;
G. "suppression" means all of the 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; and
H. "wildfire disaster management" means the
initial wildfire response, suppression and post-fire
rehabilitation and repair."
SECTION 5. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.