New Mexico 2025 Regular Session

New Mexico Senate Bill SB33 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~SFC/SCONC/SB 33~~
2		-	~~Page 1~~
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	28	+	SENATE BILL 33
	29	+	57
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2025
	46	+	INTRODUCED BY
	47	+	Elizabeth "Liz" Stefanics and Harlan Vincent and Kristina Ortez
	48	+	and Anita Gonzales
28	49		AN ACT
29		-	RELATING TO FOREST CONSERVATION; ENACTING THE WILDFIRE
30		-	~~PREPARED~~ ACT; AMENDING AND RECOMPILING A SECTION OF THE
31		-	~~NMSA 1978 TO BE~~ A SECTION OF THE WILDFIRE PREPARED ACT;
32		-	~~ADDING MEMBERS AND~~ DUTIES TO THE FIRE PLANNING TASK FORCE;
33		-	~~CREATING THE WILDFIRE~~ PREPARED PROGRAM; CREATING THE WILDFIRE
34		-	~~PREPARED FUND;~~ RECONCILING CONFLICTING ENACTMENTS OF THE
35		-	~~SAME SECTION OF LAW~~ BY REPEALING LAWS 2003, CHAPTER 115,
36		-	~~SECTION 1~~; DECLARING AN EMERGENCY.
	50	+	RELATING TO FOREST CONSERVATION; ENACTING THE WILDFIRE PREPARED
	51	+	ACT; AMENDING AND RECOMPILING A SECTION OF THE NMSA 1978 TO BE
	52	+	A SECTION OF THE WILDFIRE PREPARED ACT; ADDING MEMBERS AND
	53	+	DUTIES TO THE FIRE PLANNING TASK FORCE; CREATING THE WILDFIRE
	54	+	PREPARED PROGRAM; CREATING THE WILDFIRE PREPARED FUND;
	55	+	RECONCILING CONFLICTING ENACTMENTS OF THE SAME SECTION OF LAW
	56	+	BY REPEALING LAWS 2003, CHAPTER 115, SECTION 1; MAKING AN
	57	+	APPROPRIATION; DECLARING AN EMERGENCY.
37	58		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
38		-	SECTION 1. SHORT TITLE.--This act may be ~~cited as the~~
39		-	"Wildfire Prepared Act".
40		-	SECTION 2. DEFINITIONS.--As used in the ~~Wildfire~~
41		-	Prepared Act:
	59	+	SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
	60	+	cited as the "Wildfire Prepared Act".
	61	+	SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
	62	+	Wildfire Prepared Act:
42	63		A. "assessment" means an assessment of a structure
43		-	or property for compliance with wildfire preparedness
44		-	standards;
45		-	B. "buffer" means an area treated to reduce
46		-	wildfire fuel in order to act as a barrier between properties
47		-	to limit and halt the spread of wildfire and provide a safe
48		-	zone for firefighters to engage with wildfires;
49		-	C. "certification" means a certificate provided
50		-	pursuant to the wildfire prepared program indicating that a
51		-	structure or property meets wildfire preparedness standards; SFC/SCONC/SB 33
52		-	Page 2
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	91	+	or property for compliance with wildfire preparedness
	92	+	standards;
	93	+	B. "buffer" means an area treated to reduce
	94	+	wildfire fuel in order to act as a barrier between properties
	95	+	to limit and halt the spread of wildfire and provide a safe
	96	+	zone for firefighters to engage with wildfires;
	97	+	C. "certification" means a certificate provided
	98	+	pursuant to the wildfire prepared program indicating that a
	99	+	structure or property meets wildfire preparedness standards;
78	100		D. "department" means the energy, minerals and
79	101		natural resources department;
80	102		E. "division" means the forestry division of the
81	103		energy, minerals and natural resources department;
82		-	F. "eligible property owner" means a ~~New Mexico~~
83		-	~~resident who owns a~~ residence in New Mexico ~~and~~ meets all
84		-	~~requirements~~ developed by the task force to be eligible for a
85		-	~~wildfire~~ prepared program grant;
86		-	G. "high-risk area" means an area identified by
87		-	~~the~~ task force as having a high probability of wildfire that
88		-	is likely to spread to structures or property;
	104	+	F. "eligible property owner" means a person owning
	105	+	a primary residence in New Mexico who meets all requirements
	106	+	developed by the task force to be eligible for a wildfire
	107	+	prepared program grant;
	108	+	G. "high-risk area" means an area identified by the
	109	+	task force as having a high probability of wildfire that is
	110	+	likely to spread to structures or property;
89	111		H. "noncombustible" means made from material of
90	112		which no part will ignite and burn when subjected to fire;
91		-	I. "property" means the land adjacent to a
92		-	structure;
93		-	J. "qualified entity" means a political
94		-	subdivision of the state or an entity contracted with for the
95		-	hardening of structures to be wildfire prepared;
96		-	K. "residence" means a dwelling structure designed
97		-	for long-term habitation and its property;
98		-	L. "structure" means a constructed object,
99		-	including residences or commercial buildings and outbuildings
100		-	such as barns and sheds;
101		-	M. "task force" means the fire planning task
102		-	force; SFC/SCONC/SB 33
103		-	Page 3
	113	+	I. "primary residence" means a dwelling structure
	114	+	designed for long-term habitation in which the owner resides
	115	+	for a majority of the year and its property;
	116	+	.229430.4SA
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	144	+	J. "property" means the land adjacent to a
	145	+	structure;
	146	+	K. "qualified entity" means a political subdivision
	147	+	of the state or an entity contracted with for the hardening of
	148	+	structures to be wildfire prepared;
	149	+	L. "structure" means a constructed object,
	150	+	including primary residences or commercial buildings and
	151	+	outbuildings such as barns and sheds;
	152	+	M. "task force" means the fire planning task force;
129	153		N. "wildfire" means a fire originating from an
130	154		unplanned ignition, such as lightning, volcanoes, an
131	155		unauthorized or accidental human-caused fire or a prescribed
132	156		fire that is declared a wildfire;
133	157		O. "wildfire prepared" means being resistant to
134	158		wildfire through actions to harden and make noncombustible
135	159		structures and property to reduce the risk of structure
136	160		ignition and building-to-building fire spread, including the
137		-	use of noncombustible and ignition-proof building materials
138		-	~~and~~ landscaping property to reduce hazardous fuels; and
	161	+	use of noncombustible and ignition-proof building materials and
	162	+	landscaping property to reduce hazardous fuels; and
139	163		P. "wildfire preparedness standards" means the
140	164		standards developed by the task force for structures and
141	165		property to be wildfire prepared.
142	166		SECTION 3. Section 68-2-34 NMSA 1978 (being Laws 2003,
143	167		Chapter 115, Section 1 and Laws 2003, Chapter 303, Section 1)
144		-	is recompiled as a section of the Wildfire Prepared Act and
145		-	is amended to read:
146		-	"FIRE PLANNING TASK FORCE--DUTIES--WILDFIRE PREPARED
147		-	PROGRAM--STANDARDS--REQUIREMENTS.--
148		-	A. The "fire planning task force" is created. The
149		-	task force shall consist of:
150		-	(1) the state fire marshal;
151		-	(2) the director of the local government
152		-	division of the department of finance and administration;
153		-	(3) the commissioner of public lands; SFC/SCONC/SB 33
154		-	Page 4
	168	+	is recompiled as a section of the Wildfire Prepared Act and is
	169	+	.229430.4SA
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180		-	(4) the state director of the federal bureau
181		-	of land management on behalf of the United States department
182		-	of the interior;
183		-	(5) the regional forester of the
184		-	United States forest service;
	197	+	amended to read:
	198	+	"FIRE PLANNING TASK FORCE--DUTIES--WILDFIRE PREPARED
	199	+	PROGRAM--STANDARDS--REQUIREMENTS .--
	200	+	A. The "fire planning task force" is created. The
	201	+	task force shall consist of [twelve members as follows ]:
	202	+	(1) the state fire marshal;
	203	+	(2) the director of the local government
	204	+	division of the department of finance and administration;
	205	+	(3) a representative of the commissioner of
	206	+	public lands;
	207	+	(4) a representative of the federal bureau of
	208	+	land management on behalf of the United States department of
	209	+	the interior, appointed by the governor after consulting with
	210	+	the department of the interior;
	211	+	(5) a representative of the United States
	212	+	forest service [appointed by the governor, after consulting
	213	+	with the forest service ];
185	214		(6) a member of a local fire department,
186	215		appointed by the governor;
187	216		(7) a member of a volunteer fire department,
188	217		appointed by the state forester ;
189		-	(8) ~~the director~~ of the New Mexico
	218	+	(8) a representative of the New Mexico
190	219		association of counties;
191		-	(9) ~~the director~~ of the New Mexico
	220	+	(9) a representative of the New Mexico
192	221		municipal league;
193		-	(10) the director of the construction
194		-	industries division of the regulation and licensing
195		-	department;
196		-	(11) the state forester;
197		-	(12) the secretary of Indian affairs;
198		-	(13) the superintendent of insurance;
199		-	(14) the secretary of homeland security and
200		-	emergency management;
201		-	(15) a member with expertise in wildfire
202		-	science and structures, appointed by the state forester; and
203		-	(16) a representative of a state-based
204		-	property insurance carrier trade association, appointed by SFC/SCONC/SB 33
205		-	Page 5
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231		-	the state forester, after consulting with the office of
	250	+	(10) [the director] a representative of the
	251	+	construction industries division of the regulation and
	252	+	licensing department;
	253	+	(11) [the state forester; and ] a
	254	+	representative of the division ;
	255	+	(12) a representative of an Indian nation,
	256	+	tribe or pueblo, appointed by the governor;
	257	+	(13) a representative of the office of
	258	+	superintendent of insurance;
	259	+	(14) a representative of the homeland security
	260	+	and emergency management department;
	261	+	(15) a member with expertise in wildfire
	262	+	science and structures, appointed by the state forester; and
	263	+	(16) a representative of a state-based
	264	+	property insurance carrier trade association, appointed by the
	265	+	state forester, after consulting with the office of
232	266		superintendent of insurance .
233	267		B. The chair of the task force shall be elected by
234	268		the task force. The task force shall meet at the call of the
235	269		chair.
236	270		C. The public members of the task force shall
237	271		receive per diem and mileage pursuant to the Per Diem and
238	272		Mileage Act.
239		-	D. The division, with assistance from the
240		-	department of finance and administration, shall provide staff
241		-	for the task force.
242		-	E. The task force shall:
243		-	(1) identify and map high-risk areas within
244		-	the state;
245		-	(2) develop standards for building codes,
246		-	defensible space requirements and ordinances that will reduce
247		-	the threat of wildfires. In developing the standards, the
248		-	task force shall:
249		-	(a) recognize the distinction between
250		-	altering existing situations and establishing standards for
251		-	new construction;
252		-	(b) consider other fire suppression
253		-	measures, including thinning overgrown forests, conducting
254		-	controlled burns, clearing spaces around homes and other
255		-	structures, using wildfire-resistant, noncombustible and SFC/SCONC/SB 33
256		-	Page 6
	273	+	D. The [forestry] division [of the energy, minerals
	274	+	and natural resources department ], with assistance from the
	275	+	.229430.4SA
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282		-	ignition-resistant building materials and national standards
283		-	for defensible space requirements, including making the
284		-	five-foot zone closest to and surrounding structures
285		-	noncombustible;
	303	+	department of finance and administration, shall provide staff
	304	+	for the task force.
	305	+	E. The task force shall:
	306	+	(1) identify [those] high-risk areas within
	307	+	the state [that, because of the interface between forests and
	308	+	urban buildings, are the most vulnerable to danger from forest
	309	+	fires];
	310	+	(2) develop standards for building codes,
	311	+	defensible space requirements and ordinances that will reduce
	312	+	the threat of [forest fires ] wildfires. In developing the
	313	+	standards, the task force shall:
	314	+	(a) recognize the distinction between
	315	+	altering existing situations and establishing standards for new
	316	+	construction;
	317	+	(b) consider the benefits of thinning
	318	+	overgrown forests, conducting controlled burns, clearing spaces
	319	+	around homes and other structures, using [noncombustible
	320	+	roofing materials and double-pane windows ] wildfire-resistant,
	321	+	noncombustible and ignition-resistant building materials,
	322	+	national standards for defensible space requirements, including
	323	+	making the five-foot zone closest to and surrounding structures
	324	+	noncombustible, and taking other fire suppression or prevention
	325	+	measures;
286	326		(c) consider the impact of fire
287	327		mitigation measures on wildlife; and
288		-	(d) solicit comments from affected
289		-	landowners, land users and local governments;
290		-	(3) work with communities in the affected
291		-	areas in adopting and implementing the building codes and
292		-	ordinances;
293		-	(4) develop wildfire preparedness standards
294		-	for certification that are consistent with and no less
295		-	stringent than the most recent standards developed by a
296		-	nationally recognized wildfire prepared standard-setting
297		-	organization, such as the insurance institute for business
298		-	and home safety;
299		-	(5) develop by June 30 of each year
300		-	guidelines and requirements for eligibility for grants
301		-	consistent with the provisions of and provided through the
302		-	wildfire prepared program pursuant to Section 4 of the
303		-	Wildfire Prepared Act; and
304		-	(6) report its progress and any
305		-	recommendations for legislation to the governor and the
306		-	legislature by December 15 of each year." SFC/SCONC/SB 33
307		-	Page 7
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333		-	SECTION 4. WILDFIRE PREPARED PROGRAM--NO RIGHT OF
334		-	ACTION, GUARANTEE OF BENEFITS OR ENFORCEABLE INTEREST.--
335		-	A. The "wildfire prepared program" is created
336		-	in the department to make structures and properties in
337		-	New Mexico wildfire prepared. The department shall provide
338		-	technical assistance and training, conduct assessments,
339		-	provide certification and award grants to:
	356	+	(d) solicit comments from affected
	357	+	landowners, land users and local governments;
	358	+	(3) work with communities in the affected
	359	+	areas in adopting and implementing the building codes and
	360	+	ordinances;
	361	+	(4) develop wildfire preparedness standards
	362	+	for certification that are consistent with and no less
	363	+	stringent than the most recent standards developed by a
	364	+	nationally recognized wildfire prepared standard-setting
	365	+	organization, such as the insurance institute for business and
	366	+	home safety;
	367	+	(5) develop by June 30 of each year guidelines
	368	+	and requirements for eligibility for grants consistent with the
	369	+	provisions of and provided through the wildfire prepared
	370	+	program pursuant to Section 4 of the Wildfire Prepared Act ; and
	371	+	[(4)] (6) report its progress and any
	372	+	recommendations for legislation to the governor and the
	373	+	legislature by December 15 of each year."
	374	+	SECTION 4. [NEW MATERIAL] WILDFIRE PREPARED PROGRAM.--
	375	+	A. The "wildfire prepared program" is created in
	376	+	the department to make structures and properties in New Mexico
	377	+	wildfire prepared. The department shall provide technical
	378	+	assistance and training, conduct assessments, provide
	379	+	certification and award grants to:
340	380		(1) political subdivisions of the state to:
341		-	(a) make changes to structures and
342		-	properties to make them wildfire prepared;
343		-	(b) conduct hazardous fuels reduction
344		-	to provide buffers for structures and properties in high-risk
345		-	areas; and
346		-	(c) establish community-based programs
347		-	to conduct assessments and provide certification; or
348		-	(2) qualified entities to assist eligible
349		-	property owners with making the necessary changes to their
350		-	residences for the sole purpose of making the residences
351		-	wildfire prepared.
352		-	B. At least fifty percent of the grant money
353		-	awarded pursuant to this section shall be made to qualified
354		-	entities for the purpose of assisting eligible property
355		-	owners with making the necessary changes to their residences
356		-	to make them wildfire prepared.
357		-	C. Grants awarded pursuant to the wildfire SFC/SCONC/SB 33
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384		-	prepared program shall be consistent with the guidelines and
	409	+	(a) make changes to structures and
	410	+	properties to make them wildfire prepared;
	411	+	(b) conduct hazardous fuels reduction to
	412	+	provide buffers for structures and properties in high-risk
	413	+	areas; and
	414	+	(c) establish community-based programs
	415	+	to conduct assessments and provide certification; or
	416	+	(2) qualified entities to assist eligible
	417	+	property owners with making the necessary changes to their
	418	+	primary residences for the sole purpose of making the primary
	419	+	residences wildfire prepared.
	420	+	B. At least fifty percent of the grant money
	421	+	awarded pursuant to this section shall be made to qualified
	422	+	entities for the purpose of assisting eligible property owners
	423	+	with making the necessary changes to their primary residences
	424	+	to make them wildfire prepared.
	425	+	C. Grants awarded pursuant to the wildfire prepared
	426	+	program shall be consistent with the guidelines and
385	427		requirements developed by the task force.
386		-	D. Nothing in the Wildfire Prepared Act shall
387		-	create any additional right of action under the law, and the
388		-	provisions of that act do not guarantee any benefits and
389		-	shall not be construed to create an interest in property that
390		-	is enforceable under state law or that does not otherwise
391		-	exist.
392		-	SECTION 5. WILDFIRE PREPARED FUND.--
	428	+	SECTION 5. [NEW MATERIAL] WILDFIRE PREPARED FUND.--
393	429		A. The "wildfire prepared fund" is created as a
394		-	nonreverting fund in the state treasury to provide funding
395		-	~~for~~ the wildfire prepared program. The fund consists of
	430	+	nonreverting fund in the state treasury to provide funding for
	431	+	the wildfire prepared program. The fund consists of
396	432		distributions, appropriations, gifts, grants, donations and
397	433		income from investment of the fund.
398		-	B. The department shall administer the fund.
399		-	Money in the fund is appropriated to the department to
400		-	administer, staff and carry out the provisions of the
401		-	Wildfire Prepared Act.
402		-	C. Expenditures from the fund shall be by warrant
403		-	of the secretary of finance and administration pursuant to
404		-	vouchers signed by the secretary of energy, minerals and
405		-	natural resources or the secretary's authorized
406		-	representative.
407		-	SECTION 6. REPEAL.--Laws 2003, Chapter 115, Section 1
408		-	is repealed. SFC/SCONC/SB 33
409		-	Page 9
	434	+	.229430.4SA
	435	+	- 8 - underscored material = new
	436	+	[bracketed material] = delete
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435		-	SECTION 7. EMERGENCY.--It is necessary for the public
436		-	peace, health and safety that this act take effect
437		-	immediately.
	462	+	B. The department shall administer the fund. Money
	463	+	in the fund is appropriated to the department to administer,
	464	+	staff and carry out the provisions of the Wildfire Prepared
	465	+	Act.
	466	+	C. Expenditures from the fund shall be by warrant
	467	+	of the secretary of finance and administration pursuant to
	468	+	vouchers signed by the secretary of energy, minerals and
	469	+	natural resources or the secretary's authorized representative.
	470	+	SECTION 6. APPROPRIATION.--Twenty million dollars
	471	+	($20,000,000) is appropriated from the general fund to the
	472	+	wildfire prepared fund for expenditure in fiscal year 2025 and
	473	+	subsequent fiscal years for the purposes of the fund and the
	474	+	hiring and training of four full-time employees in the forestry
	475	+	division of the energy, minerals and natural resources
	476	+	department to administer the wildfire prepared program. Any
	477	+	unexpended or unencumbered balance remaining at the end of a
	478	+	fiscal year shall not revert to the general fund.
	479	+	SECTION 7. REPEAL.--Laws 2003, Chapter 115, Section 1 is
	480	+	repealed.
	481	+	SECTION 8. EMERGENCY.--It is necessary for the public
	482	+	peace, health and safety that this act take effect immediately.
	483	+	- 9 -
	484	+	.229430.4SA