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SENATE BILL 240
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO TIMBER; ENACTING THE STRUCTURAL WOOD GRADING ACT;
PROVIDING FOR IN-STATE STRUCTURAL WOOD GRADE CERTIFICATES;
PROVIDING FOR THE USE OF STRUCTURAL WOOD THAT IS GRADED IN-
STATE.
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 "Structural Wood Grading Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Structural Wood Grading Act:
A. "building inspector" means a person certified by
the construction industries division of the regulation and
licensing department and certified by one or more trade bureaus
to conduct inspections of permitted construction work to ensure
that all work performed by a contractor or homeowner complies
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with applicable building codes;
B. "certificate" means a document that verifies the
grade of structural wood that was milled in-state;
C. "division" means the forestry division of the
energy, minerals and natural resources department;
D. "grader" means the owner of a commercial sawmill
or the owner's designated employee who is licensed to inspect,
certify and grade a piece of lumber at that sawmill;
E. "license" means a structural wood grading
license;
F. "program" means the structural wood grading
licensure program; and
G. "structural wood" means dimensional lumber,
structural beams and vigas milled in New Mexico.
SECTION 3. [NEW MATERIAL] DIVISION POWERS AND DUTIES--
STRUCTURAL WOOD GRADING SYSTEM--STRUCTURAL WOOD GRADING
LICENSURE PROGRAM--STRUCTURAL WOOD GRADING LICENSE.--
A. The division shall:
(1) promulgate rules to carry out the
provisions of the Structural Wood Grading Act, including for
the:
(a) training and licensure of graders;
(b) training components and
qualification of program instructors;
(c) oversight of the program; and
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(d) grounds and processes for renewal,
suspension of licensure, revocation of licensure and hearings;
(2) develop and implement a state-specific
system to grade structural wood that is milled in-state and
then sold, transported or used in construction in-state;
(3) create a structural wood grading licensure
program accessible to sawmill owners and sawmill owners'
employees. The program may be provided by a public post-
secondary educational institution and shall provide training on
structural wood grading; and
(4) issue a structural wood grading license to
a person who completes the program.
B. The division may:
(1) charge fees not to exceed two hundred
fifty dollars ($250) to fund the program; and
(2) issue a license to a person who has not
completed the program if the person provides the division with
proof of:
(a) current certification or licensure
from a grading agency accredited by the American lumber
standard committee; or
(b) a bachelor's or postgraduate degree
in forest products or wood science and technology or an
equivalent degree as determined by the division.
C. A license shall include the name of the
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recipient and the date of issuance. The license is a five-year
license that is not renewable unless the grader successfully
re-completes the program.
D. The division may suspend or revoke a license for
good cause, as provided by rule. The grader shall be given
notice of the reason for suspension and revocation and given
the opportunity for a hearing. Procedures for the notice,
hearing and final decision shall follow the procedures of the
Uniform Licensing Act. A final agency decision may be appealed
as provided in Section 39-3-1.1 NMSA 1978.
SECTION 4. [NEW MATERIAL] STRUCTURAL WOOD GRADE
CERTIFICATE--USE OF STRUCTURAL WOOD IN CONSTRUCTION.--
A. A grader shall prepare a written certificate for
any structural wood that has been graded and shall provide the
certificate to the purchaser of the structural wood. The
certificate shall include the following information:
(1) verification that the structural wood was
milled in a manner that meets the applicable building code
requirements for the type of structure and the location in
which the structural wood is to be used;
(2) the name of the wood species;
(3) the quantity of wood graded and certified;
(4) the location where the wood is to be used;
(5) the name and location of the commercial
sawmill where the wood was processed;
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(6) the name of the grader;
(7) the date on which the wood was cut and
processed;
(8) the date on which the wood was graded; and
(9) the moisture content of the wood at the
time of grading.
B. A grader shall only grade and certify structural
wood that was milled in a commercial sawmill that the grader
owns or is employed by.
C. Structural wood that has been graded and
certified in-state may be used in all housing in the state.
D. The end user of structural wood that has been
graded and certified in-state shall provide the written
certificate to the building inspector in lieu of a grade stamp.
Wood that has been graded and certified in-state is equivalent
to structural wood grade stamped by an accredited lumber
grading or inspection agency.
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