1. A. The "fire planning task force" is created. The task force shall consist of:

   1. (1) the state fire marshal;
   2. (2) the director of the local government division of the department of finance and administration;
   3. (3) the commissioner of public lands;
   4. (4) the state director of the federal bureau of land management on behalf of the United States department of the interior;
   5. (5) the regional forester of the United States forest service;
   6. (6) a member of a local fire department, appointed by the governor;
   7. (7) a member of a volunteer fire department, appointed by the state forester;
   8. (8) the director of the New Mexico association of counties;
   9. (9) the director of the New Mexico municipal league;
   10. (10) the director of the construction industries division of the regulation and licensing department;
   11. (11) the state forester;
   12. (12) the secretary of Indian affairs;
   13. (13) the superintendent of insurance;
   14. (14) the secretary of homeland security and emergency management;
   15. (15) a member with expertise in wildfire science and structures, appointed by the state forester; and
   16. (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.
2. B. The chair of the task force shall be elected by the task force. The task force shall meet at the call of the chair.
3. C. The public members of the task force shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978].
4. D. The division, with assistance from the department of finance and administration, shall provide staff for the task force.

5. E. The task force shall:

   1. (1) identify and map high-risk areas within the state;

   2. (2) develop standards for building codes, defensible space requirements and ordinances that will reduce the threat of wildfires. In developing the standards, the task force shall:

      1. (a) recognize the distinction between altering existing situations and establishing standards for new construction;
      2. (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 ignition-resistant building materials and national standards for defensible space requirements, including making the five-foot zone closest to and surrounding structures noncombustible;
      3. (c) consider the impact of fire mitigation measures on wildlife; and
      4. (d) solicit comments from affected landowners, land users and local governments;
   3. (3) work with communities in the affected areas in adopting and implementing the building codes and ordinances;
   4. (4) develop 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, such as the insurance institute for business and home safety;
   5. (5) develop by June 30 of each year guidelines and requirements for eligibility for grants consistent with the provisions of and provided through the wildfire prepared program pursuant to Section 4 [68-2A-4 NMSA 1978] of the Wildfire Prepared Act; and
   6. (6) report its progress and any recommendations for legislation to the governor and the legislature by December 15 of each year.

History: Laws 2003, ch. 115, § 1; 2003, ch. 303, § 1; § 68-2-34, recompiled and amended as § 68-2A-3 by Laws 2025, ch. 55, § 3.

ANNOTATIONS

Recompilations. — Laws 2025, ch. 55, § 3 recompiled and amended former 68-2-34 NMSA 1978 as 68-2A-3 NMSA 1978, effective April 7, 2025.

Repeals. — Laws 2025, ch. 55, § 6 repealed Laws 2003, ch. 115, § 1, effective April 7, 2025.

The 2025 amendment, effective April 7, 2025, added to, and specified, the members of the fire planning task force, and revised the duties of the fire planning task force, included the duty to develop wildfire preparedness standards and to develop guidelines and requirements for eligibility for grants provided through the wildfire prepared program; in the section heading, after "duties" added "wildfire prepared program; standards; requirements"; in Section A, in the introductory clause, after "The task force shall consist of" deleted "twelve members as follows", in Paragraph A(3), deleted "a representative of" preceding "the commissioner of public lands", in Paragraph A(4), deleted "a representative" and added "the state director" preceding "of the federal bureau of land management", and after "United States department of interior" deleted "appointed by the governor after consulting with the department of interior", in Paragraph A(5) deleted "a representative" and added "the regional forester" and after "United States forest service" deleted "appointed by the governor, after consulting with the forest service", in Paragraph A(7), after "volunteer fire department" added "appointed by the state forester", in Paragraph A(8) and A(9), deleted "a representative" and added "the director", in Paragraph A(12), after the paragraph designation, deleted "a representative of an Indian nation, tribe or pueblo, appointed by the governor" and added "the secretary of Indian affairs" and added Paragraphs A(13) through A(16); in Subsection D, deleted "forestry" preceding "division" and after "division" deleted "of the energy, minerals and natural resources department"; and in Subsection E, Paragraph E(1), after "identify" deleted "those" and added "and map high-risk" and after "within the state" deleted "that, because of the interface between forests and urban buildings, are the most vulnerable to danger from forest fires", in Paragraph E(2), in the introductory clause, after "building codes" added "defensible space requirements" and after "reduce the threat of" deleted "forest fires" and added "wildfires", in Subparagraph E(2)(b), after "consider" deleted "the benefits of" and added "other fire suppression measures, including" and after "using" deleted "noncombustible roofing materials and double-pane windows and taking other fire suppression or prevention measures" and added "wildfire-resistant, noncombustible and ignition-resistant building materials and national standards for defensible space requirements, including making the five-foot zone closest to and surrounding structures noncombustible" and added new Paragraphs E(4) and E(5) and redesignated former Paragraph E(4) as Paragraph E(6).