Actions: [2] SCONC/SFC-SCONC [4] DNP-CS/DP-SFC [8] DNP-CS/DP [9] PASSED/S (37-0)- HENRC/HAFC-HENRC [12] DP-HAFC [18] DP [19] PASSED/H (63-1) SGND BY GOV (Apr. 7) Ch. 55.
Scheduled: Not Scheduled
Senate Bill 33 (SB 33) enacts the Wildfire Prepared Act and amends and recompiles a section of the NMSA 1978 to be a section of the Wildfire Prepared Act. It adds members and duties to the Fire Planning Task Force. SB 33 creates the Wildfire Prepared Program and the Wildfire Prepared Fund. It reconciles conflicting enactments of the same section of law by repealing laws 2003, chapter 115, section 1. SB 33 appropriates twenty million dollars ($20,000,000) and declares an emergency.Legislation Overview:
Senate Bill 33 (SB 33) enacts the Wildfire Prepared Act (WPA) with sixteen definitions. SB 33 amends and recompiles Section 68-2-34 NMSA 1978 (Fire Planning Task Force) to be part of the Wildfire Protection Program rather than under forest conservation. SB 33 authorizes the Forestry Division of the Energy, Minerals and Natural Resources Department (EMNRD) to continue administration of this task force. It increases the number on the Fire Planning Task Force from twelve to sixteen, including two more from named governmental entities and two with certain professional expertise. It increases the duties of the Task Force to include identifying high risk areas as defined and developing standards for defensible space requirements for wildfires—not just forest fires. SB 33 creates the Wildfire Prepared Program to make structures and properties wildfire prepared as defined. It mandates the Task Force to adopt wildfire preparedness standards for certification that are consistent with and no less stringent than the most recent standards developed by a nationally recognized wildfire prepared standard-setting organization and, by 30 June of each year, to develop guidelines and requirements for eligibility for a grant provided through the Wildfire Prepared Program. SB 33 requires the EMNRD to provide technical assistance and training, conduct assessments, provide certification and award grants to certain governmental entities and other qualified entities. It specifies that at least fifty percent (50%) of the grant money will go to qualified entities for the purpose of assisting eligible property owners with making the necessary changes to their primary residences to make them wildfire prepared. SB 33 creates the nonreverting Wildfire Prepared Fund for the purpose of providing funding for the Wildfire Prepared Program which the ENMRD administers. SB 33 appropriates twenty million dollars ($20,000,000) from the General Fund (GF) to the Wildfire Prepared Fund for expenditure in Fiscal Year (FY) 2025 and subsequent FYs. Any unexpended or unencumbered balance remaining at the end of any FY will not revert to the GF.Committee Substitute:
2/19/25 The Senate Finance Committee (SFC) introduced a committee substitute for CS/SB 33 SCONC (CS/CS/SB 33 SFC) that enacts the Wildfire Prepared Act (WPA) with sixteen definitions. The definition for primary residence in the original act was removed and a definition for residence substituted. It also modified the definition of eligible property owner to mean a NM resident who owns a residence in NM and meets all the other requirements to be eligible to participate in the wildfire prepared grant program. CS/CS/SB 33 SFC amends and recompiles Section 68-2-34 NMSA 1978 (Fire Planning Task Force) to be part of the Wildfire Protection Program rather than under forest conservation. It authorizes the Forestry Division (FD) of the Energy, Minerals and Natural Resources Department (EMNRD) to continue administration of this task force. It increases the number on the Fire Planning Task Force from twelve to sixteen, including two more from named governmental entities and two with certain professional expertise. It requires the official who holds the office, and not a representative, attend Task Force meetings. It removes the representative of an Indian nation, tribe or pueblo and replaces that Task Force member with the secretary of Indian Affairs. Public members of the Task Force receive per diem and mileage. It increases the duties of the Task Force to include identifying and mapping high risk areas as defined; developing standards for defensible space requirements for wildfires—not just forest fires; and considering other fire suppression measures with several listed. CS/CS/SB 33 SFC creates the Wildfire Prepared Program to make structures and properties wildfire prepared as defined. It mandates the Task Force to adopt wildfire preparedness standards for certification that are consistent with and no less stringent than the most recent standards developed by a nationally recognized wildfire prepared standard-setting organization. It requires the Task Force, by 30 June of each year, to develop guidelines and requirements for eligibility for a grant provided through the Wildfire Prepared Program. By 15 December of each year, the Task Force will report its progress and recommendations to the legislature and governor. CS/CS/SB 33 SFC requires the EMNRD to provide technical assistance and training, conduct assessments, provide certification, and award grants to certain governmental entities and other qualified entities. It specifies that at least fifty percent (50%) of the grant money will go to qualified entities for the purpose of assisting eligible property owners with making the necessary changes to their residences to make them wildfire prepared. CS/CS/SB 33 SFC specifies that the WPA does not create any additional right of action under the law; guarantees of any benefits; a property interest enforceable under state law; or a new property interest. CS/CS/SB 33 SFC creates the nonreverting Wildfire Prepared Fund for the purpose of carrying out the provisions of the Wildfire Prepared Act which the ENMRD administers. It repeals Laws 2003, Chapter 115, Section 1. CS/CS/SB 33 SFC declares an emergency. 2/5/25 The SENATE CONSERVATION COMMITTEE introduced a committee substitute for SB 33 (CS/SB 33 SCONC) that enacts the Wildfire Prepared Act (WPA) with sixteen definitions. The definition for primary residence was removed and a definition for residence substituted. It also modified the definition of eligible property owner to mean a NM resident who owns a residence in NM and meets all the other requirements to be eligible to participate in the wildfire prepared grant program. CS/SB 33 SCONC amends and recompiles Section 68-2-34 NMSA 1978 (Fire Planning Task Force) to be part of the Wildfire Protection Program rather than under forest conservation. It CS/SB 33 SCONC authorizes the Forestry Division of the Energy, Minerals and Natural Resources Department (EMNRD) to continue administration of this task force. It increases the number on the Fire Planning Task Force from twelve to sixteen, including two more from named governmental entities and two with certain professional expertise. It increases the duties of the Task Force to include identifying high risk areas as defined and developing standards for defensible space requirements for wildfires—not just forest fires. CS/SB 33 SCONC creates the Wildfire Prepared Program to make structures and properties wildfire prepared as defined. It mandates the Task Force to adopt wildfire preparedness standards for certification that are consistent with and no less stringent than the most recent standards developed by a nationally recognized wildfire prepared standard-setting organization and, by 30 June of each year, to develop guidelines and requirements for eligibility for a grant provided through the Wildfire Prepared Program. CS/SB 33 SCONC requires the EMNRD to provide technical assistance and training, conduct assessments, provide certification and award grants to certain governmental entities and other qualified entities. It specifies that at least fifty percent (50%) of the grant money will go to qualified entities for the purpose of assisting eligible property owners with making the necessary changes to their residences to make them wildfire prepared. CS/SB 33 SCONC creates the nonreverting Wildfire Prepared Fund for the purpose of providing funding for the Wildfire Prepared Program which the ENMRD administers. CS/SB 33 SCONC appropriates twenty million dollars ($20,000,000) from the General Fund (GF) to the Wildfire Prepared Fund for expenditure in Fiscal Year (FY) 2025 and subsequent FYs. Any unexpended or unencumbered balance remaining at the end of any FY will not revert to the GF. It declares an emergency.