HB 191 — WILDFIRE SUPPRESSION & PREPAREDNESS FUNDS

HOUSE APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE FOR HOUSE BILL 191 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO PUBLIC FUNDS;

167 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 SECTION 1.

A new section of the Forest Conservation Act w l n d 18 is enacted to read:

="WILDFIRE = 19 a l "[NEW MATERIAL] WILDFIRE SUPPRESSION FUND.-- i a e r 20 A.

The "wildfire suppression fund" is created as a a t m m 21 nonreverting fund in the state treasury to provide a reliable d r e 22 and stable source of funding for the suppression of wildfires.

c e s k 23 The fund consists of distributions, reimbursements, gifts, e a n b 24 grants, donations, income from investment of the fund and u [ appropriations, including provisional appropriations made to .231644.1 HAFC/HB 191 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.

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 Page 1 wildfires and to protect the public health, safety and welfare:

Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to e t 17 vouchers signed by the secretary of energy, minerals and w l n d 18 natural resources or the secretary's authorized representative.

= = 19 D.

Reimbursements shall be deposited in the a l i a e r 20 wildfire suppression fund.

a t m m 21 E.

Nothing in this section limits or prevents the d r e 22 energy, minerals and natural resources department from applying c e s k 23 for or being appropriated money for the purpose of wildfire e a n b 24 suppression pursuant to Sections 12-11-24 and 12-11-2512-11- NMSA25 uNMSA [ 1978.

.231644.1 - 2 - HAFC/HB 191 F.

A new section of the Forest Conservation Act HAFC/HB 191 Page 2 is enacted to read:

"[NEW"POST-WILDFIRE MATERIAL] POST-WILDFIRE FUND.-- A.

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 e t 17 emergencies and post-wildfire activities pursuant to Sections w l n d 18 12-11-24 and 12-11-25 NMSA 1978.

= = 19 B.

The energy, minerals and natural resources a l i a e r 20 department shall administer the fund.

Money in the fund is a t m m 21 appropriated to the energy, minerals and natural resources d r e 22 department for the following purposes, to be expended in a way c e s k 23 to avoid and minimize economic or physical harm from wildfires e a n b 24 and to protect the public health, safety and welfare:

u [ (1) emergency stabilization;

.231644.1 - 3 - HAFC/HB 191 (2) post-wildfire activities;

Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to HAFC/HB 191 Page 3 vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.

"[NEW"REPORTING--WILDFIRE MATERIAL] REPORTING--WILDFIRE FUNDS AND EXPENDITURES.-- e t 17 A.

The energy, minerals and natural resources w l n d 18 department shall by August 15 of each year report to the = = 19 legislative finance committee and the appropriate legislative a l i a e r 20 interim committee on the following:

a t m m 21 (1) the balances of the wildfire suppression d r e 22 fund and post-wildfire fund;

c e s k 23 (2) a summary of wildfire reimbursements;

e a n b 24 (3) a summary of appropriations made in the u [ prior fiscal year to the energy, minerals and natural resources .231644.1 - 4 - HAFC/HB 191 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 Page 4 disaster management and preparation for the previous ten fiscal years;

As used in this section, "reimbursement" means a e t 17 payment to reimburse the state for prior wildfire expenditures, w l n d 18 as authorized by a memorandum of understanding, joint powers = = 19 agreement, grant agreement, cost-share agreement or other a l i a e r 20 agreement." a t m m 21 SECTION 4.

Section 68-2-7 NMSA 1978 (being Laws 1967, d r e 22 Chapter 208, Section 1, as amended) is amended to read:

c e s k 23 "68-2-7.

[FOREST FIRE AND SUPPRESSION DEFINED] e a n b 24 DEFINITIONS.--As used in the Forest Conservation Act:

u [ A.

.231644.1 - 5 - HAFC/HB 191 (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 Page 5 threats, including seeding, mulching, installing erosion and water run-off control structures or temporary barriers to protect recovering areas and installing warning signs;

and (2) include repairing hand and dozer lines, roads, trails, staging areas, safety zones and drop points used e t 17 during fire suppression efforts;

w l n d 18 C.

"firefighting resources" means state, local, = = 19 tribal, federal or other wildland firefighters, emergency hire a l i a e r 20 personnel, equipment, vehicles, aviation, technology and a t m m 21 supplies needed to safely conduct wildfire suppression;

d r e 22 [A.] D.