New Mexico 2025 Regular Session Status: Enacted Bipartisan · 3 D · 1 R cosponsors

SB 33 — WILDFIRE PREPARED ACT

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 27, 2025. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 08, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 94% · high confidence
  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

234 added · 324 removed

Plain-language change summary

The amended version of SB 33, now called the "Wildfire Prepared Act," introduces a new program aimed at enhancing wildfire preparedness through assessments and certifications for properties. The changes also include the creation of a fund specifically for wildfire preparation efforts and the addition of members and responsibilities to the Fire Planning Task Force. This update is significant because it aims to strengthen the state's ability to prevent and respond to wildfires, ultimately helping protect communities and natural resources.

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SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR SENATE BILL 33 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO FOREST CONSERVATION;
AN ACT RELATING TO FOREST CONSERVATION;
RECONCILING CONFLICTING ENACTMENTS OF THE SAME SECTION OF LAW e t 17 BY REPEALING LAWS 2003, CHAPTER 115, SECTION 1;
RECONCILING CONFLICTING ENACTMENTS OF THE SAME SECTION OF LAW BY REPEALING LAWS 2003, CHAPTER 115, SECTION 1;
MAKING AN w l n d 18 APPROPRIATION;
= = 19 a l i a e r 20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
a t m m 21 SECTION 1.
SECTION 1.
[NEW MATERIAL] SHORT TITLE.--This act may be d r e 22 cited as the "Wildfire Prepared Act".
SHORT TITLE.--This act may be cited as the "Wildfire Prepared Act".
c e s k 23 SECTION 2.
SECTION 2.
[NEW MATERIAL] DEFINITIONS.--As used in the e a n b 24 Wildfire Prepared Act:
DEFINITIONS.--As used in the Wildfire Prepared Act:
u [ A.
A.
"assessment" means an assessment of a structure .230356.1 SCONC/SB 33 or property for compliance with wildfire preparedness standards;
"assessment" means an assessment of a structure or property for compliance with wildfire preparedness standards;
"certification" means a certificate provided pursuant to the wildfire prepared program indicating that a structure or property meets wildfire preparedness standards;
"certification" means a certificate provided pursuant to the wildfire prepared program indicating that a SFC/SCONC/SB 33 structure or property meets wildfire preparedness standards;
D.
Page 1 D.
"eligible property owner" means a New Mexico resident who owns a residence in New Mexico and meets all requirements developed by the task force to be eligible for a e t 17 wildfire prepared program grant;
"eligible property owner" means a New Mexico resident who owns a residence in New Mexico and meets all requirements developed by the task force to be eligible for a wildfire prepared program grant;
w l n d 18 G.
G.
"high-risk area" means an area identified by the = = 19 task force as having a high probability of wildfire that is a l i a e r 20 likely to spread to structures or property;
"high-risk area" means an area identified by the task force as having a high probability of wildfire that is likely to spread to structures or property;
a t m m 21 H.
H.
"noncombustible" means made from material of d r e 22 which no part will ignite and burn when subjected to fire;
"noncombustible" means made from material of which no part will ignite and burn when subjected to fire;
c e s k 23 I.
I.
"property" means the land adjacent to a e a n b 24 structure;
"property" means the land adjacent to a structure;
u [ J.
J.
"qualified entity" means a political subdivision .230356.1 - 2 - SCONC/SB 33 of the state or an entity contracted with for the hardening of structures to be wildfire prepared;
"qualified entity" means a political subdivision of the state or an entity contracted with for the hardening of structures to be wildfire prepared;
N.
SFC/SCONC/SB 33 Page 2 N.
"wildfire prepared" means being resistant to wildfire through actions to harden and make noncombustible structures and property to reduce the risk of structure ignition and building-to-building fire spread, including the e t 17 use of noncombustible and ignition-proof building materials and w l n d 18 landscaping property to reduce hazardous fuels;
"wildfire prepared" means being resistant to wildfire through actions to harden and make noncombustible structures and property to reduce the risk of structure ignition and building-to-building fire spread, including the use of noncombustible and ignition-proof building materials and landscaping property to reduce hazardous fuels;
and = = 19 P.
and P.
"wildfire preparedness standards" means the a l i a e r 20 standards developed by the task force for structures and a t m m 21 property to be wildfire prepared.
"wildfire preparedness standards" means the standards developed by the task force for structures and property to be wildfire prepared.
d r e 22 SECTION 3.
SECTION 3.
Section 68-2-34 NMSA 1978 (being Laws 2003, c e s k 23 Chapter 115, Section 1 and Laws 2003, Chapter 303, Section 1) e a n b 24 is recompiled as a section of the Wildfire Prepared Act and is u [ amended to read:
Section 68-2-34 NMSA 1978 (being Laws 2003, Chapter 115, Section 1 and Laws 2003, Chapter 303, Section 1) is recompiled as a section of the Wildfire Prepared Act and is amended to read:
.230356.1 - 3 - SCONC/SB 33 "FIRE PLANNING TASK FORCE--DUTIES--WILDFIRE PREPARED PROGRAM--STANDARDS--REQUIREMENTS.-- A.
"FIRE PLANNING TASK FORCE--DUTIES--WILDFIRE PREPARED PROGRAM--STANDARDS--REQUIREMENTS.-- A.
The task force shall consist of [twelve members as follows]:
The task force shall consist of:
(3) a representative of the commissioner of public lands;
(3) the commissioner of public lands;
(4) a representative of the federal bureau of land management on behalf of the United States department of the interior, appointed by the governor after consulting with the department of the interior;
SFC/SCONC/SB 33 Page 3 (4) the state director of the federal bureau of land management on behalf of the United States department of the interior;
(5) a representative of the United States forest service [appointed by the governor, after consulting with the forest service];
(5) the regional forester of the United States forest service;
e t 17 (6) a member of a local fire department, w l n d 18 appointed by the governor;
(6) a member of a local fire department, appointed by the governor;
= = 19 (7) a member of a volunteer fire department, a l i a e r 20 appointed by the state forester;
(7) a member of a volunteer fire department, appointed by the state forester;
a t m m 21 (8) a representative of the New Mexico d r e 22 association of counties;
(8) the director of the New Mexico association of counties;
c e s k 23 (9) a representative of the New Mexico e a n b 24 municipal league;
(9) the director of the New Mexico municipal league;
u [ (10) [the director] a representative of the .230356.1 - 4 - SCONC/SB 33 construction industries division of the regulation and licensing department;
(10) the director of the construction industries division of the regulation and licensing department;
(11) [the state forester;
(11) the state forester;
and] a representative of the division;
(12) the secretary of Indian affairs;
(12) a representative of an Indian nation, tribe or pueblo, appointed by the governor;
(13) the superintendent of insurance;
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(13) a representative of the office of superintendent of insurance;
(14) the secretary of homeland security and emergency management;
(14) a representative of the homeland security and emergency management department;
and (16) a representative of a state-based property insurance carrier trade association, appointed by the state forester, after consulting with the office of superintendent of insurance.
and (16) a representative of a state-based property insurance carrier trade association, appointed by SFC/SCONC/SB 33 Page 4 the state forester, after consulting with the office of superintendent of insurance.
e t 17 B.
B.
The chair of the task force shall be elected by w l n d 18 the task force.
The chair of the task force shall be elected by the task force.
The task force shall meet at the call of the = = 19 chair.
The task force shall meet at the call of the chair.
a l i a e r 20 C.
C.
The public members of the task force shall a t m m 21 receive per diem and mileage pursuant to the Per Diem and d r e 22 Mileage Act.
The public members of the task force shall receive per diem and mileage pursuant to the Per Diem and Mileage Act.
c e s k 23 D.
D.
The [forestry] division [of the energy, minerals e a n b 24 and natural resources department], with assistance from the u [ department of finance and administration, shall provide staff .230356.1 - 5 - SCONC/SB 33 for the task force.
The division, with assistance from the department of finance and administration, shall provide staff for the task force.
(1) identify [those] high-risk areas within the state [that, because of the interface between forests and urban buildings, are the most vulnerable to danger from forest fires];
(1) identify and map high-risk areas within the state;
(2) develop standards for building codes, defensible space requirements and ordinances that will reduce the threat of [forest fires] wildfires.
(2) develop standards for building codes, defensible space requirements and ordinances that will reduce the threat of wildfires.
(b) consider the benefits of thinning overgrown forests, conducting controlled burns, clearing spaces around homes and other structures, using [noncombustible e t 17 roofing materials and double-pane windows] wildfire-resistant, w l n d 18 noncombustible and ignition-resistant building materials, = = 19 national standards for defensible space requirements, including a l i a e r 20 making the five-foot zone closest to and surrounding structures a t m m 21 noncombustible, and taking other fire suppression or prevention d r e 22 measures;
(b) consider other fire suppression measures, including thinning overgrown forests, conducting controlled burns, clearing spaces around homes and other structures, using wildfire-resistant, noncombustible and SFC/SCONC/SB 33 Page 5 ignition-resistant building materials and national standards for defensible space requirements, including making the five-foot zone closest to and surrounding structures noncombustible;
c e s k 23 (c) consider the impact of fire e a n b 24 mitigation measures on wildlife;
(c) consider the impact of fire mitigation measures on wildlife;
and u [ (d) solicit comments from affected .230356.1 - 6 - SCONC/SB 33 landowners, land users and local governments;
and (d) solicit comments from affected landowners, land users and local governments;
and [(4)] (6) report its progress and any recommendations for legislation to the governor and the e t 17 legislature by December 15 of each year." w l n d 18 SECTION 4.
and (6) report its progress and any recommendations for legislation to the governor and the legislature by December 15 of each year." SFC/SCONC/SB 33 Page 6 SECTION 4.
[NEW MATERIAL] WILDFIRE PREPARED PROGRAM.-- = = 19 A.
WILDFIRE PREPARED PROGRAM--NO RIGHT OF ACTION, GUARANTEE OF BENEFITS OR ENFORCEABLE INTEREST.-- A.
The "wildfire prepared program" is created in a l i a e r 20 the department to make structures and properties in New Mexico a t m m 21 wildfire prepared.
The "wildfire prepared program" is created in the department to make structures and properties in New Mexico wildfire prepared.
The department shall provide technical d r e 22 assistance and training, conduct assessments, provide c e s k 23 certification and award grants to:
The department shall provide technical assistance and training, conduct assessments, provide certification and award grants to:
e a n b 24 (1) political subdivisions of the state to:
(1) political subdivisions of the state to:
u [ (a) make changes to structures and .230356.1 - 7 - SCONC/SB 33 properties to make them wildfire prepared;
(a) make changes to structures and properties to make them wildfire prepared;
Grants awarded pursuant to the wildfire prepared e t 17 program shall be consistent with the guidelines and w l n d 18 requirements developed by the task force.
Grants awarded pursuant to the wildfire SFC/SCONC/SB 33 Page 7 prepared program shall be consistent with the guidelines and requirements developed by the task force.
= = 19 SECTION 5.
D.
[NEW MATERIAL] WILDFIRE PREPARED FUND.-- a l i a e r 20 A.
Nothing in the Wildfire Prepared Act shall create any additional right of action under the law, and the provisions of that act do not guarantee any benefits and shall not be construed to create an interest in property that is enforceable under state law or that does not otherwise exist.
The "wildfire prepared fund" is created as a a t m m 21 nonreverting fund in the state treasury to provide funding for d r e 22 the wildfire prepared program.
SECTION 5.
The fund consists of c e s k 23 distributions, appropriations, gifts, grants, donations and e a n b 24 income from investment of the fund.
WILDFIRE PREPARED FUND.-- A.
u [ B.
The "wildfire prepared fund" is created as a nonreverting fund in the state treasury to provide funding for the wildfire prepared program.
The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund.
B.
Money .230356.1 - 8 - SCONC/SB 33 in the fund is appropriated to the department to administer, staff and carry out the provisions of the Wildfire Prepared Act.
Money in the fund is appropriated to the department to administer, staff and carry out the provisions of the Wildfire Prepared Act.
APPROPRIATION.--Twenty million dollars ($20,000,000) is appropriated from the general fund to the wildfire prepared fund for expenditure in fiscal year 2025 and subsequent fiscal years for the purposes of the fund and the hiring and training of four full-time employees in the forestry division of the energy, minerals and natural resources department to administer the wildfire prepared program.
REPEAL.--Laws 2003, Chapter 115, Section 1 is repealed.
Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
SFC/SCONC/SB 33 Page 8 SECTION 7.
e t 17 SECTION 7.
EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect SFC/SCONC/SB 33 immediately.
REPEAL.--Laws 2003, Chapter 115, Section 1 is w l n d 18 repealed.
Page 9 5 7 9 25
= = 19 SECTION 8.
EMERGENCY.--It is necessary for the public a l i a e r 20 peace, health and safety that this act take effect immediately.
a t m m 21 - 9 - d r e 22 c e s k 23 e a n b 24 u [ .230356.1
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. DO PASS committee report adopted

  5. Sent to House Energy, Environment and Natural Resources Committee & House Appropriations & Finance Committee

  6. passed Senate

  7. DO NOT PASS, replaced with committee substitute

  8. DO NOT PASS, replaced with committee substitute

  9. Sent to Senate Conservation Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 108 not signed on · 1 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

house passage

Passed 63 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 37102
Republican 21003
Unaffiliated 5001
Total 63106
% of votes cast 90%1%0%9%
How each member voted (70)
Member Party Vote
Romero, GA — Yea
De La Cruz — Yea
Hernandez J.N. — Not Voting
Hernandez, J.F. — Yea
Roybal Caballero — Yea
Sena Cortez — Yea
Andrea Romero Democrat Yea
Angelica Rubio Democrat Yea
Anita Gonzales Democrat Yea
Charlotte Little Democrat Yea
Christine Chandler Democrat Yea
Cristina Parajón Democrat Yea
Cynthia Borrego Democrat Yea
D. Wonda Johnson Democrat Yea
Dayan Hochman-Vigil Democrat Yea
Debra M. Sariñana Democrat Not Voting
Derrick J. Lente Democrat Yea
Doreen Y. Gallegos Democrat Not Voting
E. Diane Torres-Velásquez Democrat Yea
Eleanor Chávez Democrat Yea
Elizabeth "Liz" Thomson Democrat Yea
Janelle Anyanonu Democrat Yea
Javier Martínez Democrat Yea
Joanne J. Ferrary Democrat Yea
Joseph Sanchez Democrat Yea
Joy Garratt Democrat Yea
Kathleen Cates Democrat Yea
Kristina Ortez Democrat Yea
Linda Serrato Democrat Yea
Marian Matthews Democrat Yea
Marianna Anaya Democrat Yea
Martha Garcia Democrat Yea
Matthew McQueen Democrat Nay
Meredith A. Dixon Democrat Yea
Micaela Lara Cadena Democrat Yea
Michelle Paulene Abeyta Democrat Yea
Miguel P. García Democrat Yea
Nathan P. Small Democrat Yea
Pamelya Herndon Democrat Yea
Patricia A. Lundstrom Democrat Yea
Raymundo Lara Democrat Yea
Reena Szczepanski Democrat Yea
Sarah Silva Democrat Yea
Susan K. Herrera Democrat Yea
Tara L. Lujan Democrat Yea
Yanira Gurrola Democrat Yea
Alan T. Martinez Republican Not Voting
Andrea Reeb Republican Yea
Angelita Mejia Republican Yea
Brian G. Baca Republican Yea
Catherine J. Cullen Republican Yea
Cathrynn N. Brown Republican Yea
Gail Armstrong Republican Yea
Harlan Vincent Republican Yea
Jack Chatfield Republican Yea
Jenifer Jones Republican Yea
Jimmy G. Mason Republican Yea
John Block Republican Yea
Jonathan A. Henry Republican Yea
Luis M. Terrazas Republican Yea
Mark B. Murphy Republican Yea
Mark Duncan Republican Yea
Martin R. Zamora Republican Yea
Nicole Chavez Republican Yea
Randall T. Pettigrew Republican Yea
Rebecca Dow Republican Yea
Rod Montoya Republican Not Voting
Stefani Lord Republican Not Voting
Tanya Mirabal Moya Republican Yea
William A. Hall II Republican Yea

Official roll call →

senate passage

Passed 37 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 21004
Republican 14001
Unaffiliated 2000
Total 37005
% of votes cast 88%0%0%12%
How each member voted (42)
Member Party Vote
PAUL — Yea
SEDILLO-LOPEZ — Yea
Angel M. Charley Democrat Yea
Antoinette Sedillo Lopez Democrat Not Voting
Antonio Maestas Democrat Yea
Benny Shendo, Jr. Democrat Yea
Carrie Hamblen Democrat Yea
Cindy Nava Democrat Yea
Elizabeth "Liz" Stefanics Democrat Yea
George K. Muñoz Democrat Yea
Harold Pope Democrat Yea
Heather Berghmans Democrat Yea
Jeff Steinborn Democrat Yea
Joseph Cervantes Democrat Yea
Katy Duhigg Democrat Not Voting
Leo Jaramillo Democrat Yea
Linda M. Trujillo Democrat Yea
Martin Hickey Democrat Not Voting
Micaelita Debbie O'Malley Democrat Yea
Michael Padilla Democrat Yea
Mimi Stewart Democrat Yea
Natalie Figueroa Democrat Yea
Pete Campos Democrat Yea
Peter Wirth Democrat Yea
Roberto "Bobby" J. Gonzales Democrat Not Voting
Shannon D. Pinto Democrat Yea
William P. Soules Democrat Yea
Anthony L. Thornton Republican Yea
Candy Spence Ezzell Republican Yea
Craig W. Brandt Republican Yea
Crystal Brantley Republican Yea
David M. Gallegos Republican Yea
Gabriel Ramos Republican Not Voting
James G. Townsend Republican Yea
Jay C. Block Republican Yea
Joshua A. Sanchez Republican Yea
Larry R. Scott Republican Yea
Nicole Tobiassen Republican Yea
Pat Boone Republican Yea
Pat Woods Republican Yea
Steve D. Lanier Republican Yea
William E. Sharer Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 33?
SB 33 is sponsored by Anita Gonzales (Democrat), Kristina Ortez (Democrat), Harlan Vincent (Republican), and Elizabeth "Liz" Stefanics (Democrat).
What is the current status of SB 33?
This bill has been enacted into law. Introduced January 27, 2025. Enacted.
Where can I track SB 33?
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