A. The "fire planning task force" is created. The task force shall consist of twelve members as follows:
(1) the state fire marshal;
(2) the director of the local government division of the department of finance and administration;
(3) a representative of 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;
(5) a representative of the United States forest service, appointed by the governor, after consulting with the forest service;
(6) a member of a local fire department, appointed by the governor;
(7) a member of a volunteer fire department;
(8) a representative of the New Mexico association of counties;
(9) a representative of the New Mexico municipal league;
(10) the director of the construction industries division of the regulation and licensing department;
(11) the state forester; and
(12) a representative of an Indian nation, tribe or pueblo, appointed by the governor.
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.
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 to 10-8-8 NMSA 1978].
D. The forestry division of the energy, minerals and natural resources department, with assistance from the department of finance and administration, shall provide staff for the task force.
E. The task force shall:
(1) identify those areas within the state that, because of the interface between forests and urban buildings, are the most vulnerable to danger from forest fires;
(2) develop standards for building codes and ordinances that will reduce the threat of forest fires. In developing the standards, the task force shall:
(a) recognize the distinction between altering existing situations and establishing standards for new construction;
(b) consider the benefits of thinning overgrown forests, conducting controlled burns, clearing spaces around homes and other structures, using noncombustible roofing materials and double-pane windows and taking other fire suppression or prevention measures;
(c) consider the impact of fire mitigation measures on wildlife; and
(d) solicit comments from affected landowners, land users and local governments;
(3) work with communities in the affected areas in adopting and implementing the building codes and ordinances; and
(4) 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.
Effective dates. — Laws 2003, ch. 303 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
Compiler's notes. — Laws 2003, ch. 115, § 1 and Laws 2003, ch. 303, § 1, enacted almost identical new sections, both effective June 20, 2003. Pursuant to 12-1-8 NMSA 1978, Laws 2003, ch. 303, § 1, as the last act signed by the governor, was compiled as 68-2-34 NMSA 1978, and is set out above, and Laws 2003, ch. 115, § 1, while not compiled pursuant to 12-1-8 NMSA 1978, is set out below.
Laws 2003, ch. 303, § 1 [set out above], effective June 20, 2003, enacted a twelve member fire planning task force. The section was set out as amended by Laws 2003, ch. 303, § 1. See 12-1-8 NMSA 1978.
Laws 2003, ch. 115, § 1 [set out below], effective June 20, 2003, enacted an eleven member fire planning task force, and provided:
"Fire planning task force; duties.
A. The "fire planning task force" is created. The task force shall consist of eleven members as follows:
(1) the state fire marshal;
(2) the director of the local government division of the department of finance and administration;
(3) a representative of 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;
(5) a representative of the United States forest service, appointed by the governor, after consulting with the forest service;
(6) a member of a local fire department, appointed by the governor;
(7) a representative of the New Mexico association of counties;
(8) a representative of the New Mexico municipal league;
(9) the director of the construction industries division of the regulation and licensing department;
(10) the state forester; and
(11) a representative of an Indian nation, tribe or pueblo, appointed by the governor.
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.
C. The public members of the task force shall receive per diem and mileage pursuant to the Per Diem and Mileage Act.
D. The forestry division of the energy, minerals and natural resources department, with assistance from the department of finance and administration, shall provide staff for the task force.
E. The task force shall:
(1) identify those areas within the state that, because of the interface between forests and urban buildings, are the most vulnerable to danger from forest fires;
(2) develop standards for building codes and ordinances that will reduce the threat of forest fires. In developing the standards, the task force shall:
(a) recognize the distinction between altering existing situations and establishing standards for new construction;
(b) consider the benefits of thinning overgrown forests, conducting controlled burns, clearing spaces around homes and other structures, using noncombustible roofing materials and double-pane windows and taking other fire suppression or prevention measures;
(c) consider the impact of fire mitigation measures on wildlife; and
(d) solicit comments from affected landowners, land users and local governments;
(3) work with communities in the affected areas in adopting and implementing the building codes and ordinances; and
(4) report its progress and any recommendations for legislation to the governor and the legislature by December 15 of each year."
Structure New Mexico Statutes
Article 2 - Forest Conservation
Section 68-2-2 - [Acceptance of federal laws.]
Section 68-2-3 - State forester; compensation; seal; qualifications.
Section 68-2-4 - Forestry division office; state forester in charge; executive officer.
Section 68-2-5 - State forester; employment of personnel; state fire chief; office clerk.
Section 68-2-6 - Division to serve as contracting agency for state.
Section 68-2-7 - Forest fire defined.
Section 68-2-8 - Statewide responsibility for forest fire protection.
Section 68-2-9 - Penalty for obstruction.
Section 68-2-10 - Administrative districts.
Section 68-2-11 - Contracts for protection of forest areas.
Section 68-2-12 - Acquisition and disposition of land by division.
Section 68-2-14 - Enforcement of laws; investigation of violations.
Section 68-2-16 - Rules and regulations of division.
Section 68-2-17 - Laws; rules and regulations; violations; penalties.
Section 68-2-21 - Revolving fund created.
Section 68-2-22 - Cutting and removing woody material without written consent.
Section 68-2-23 - Definitions.
Section 68-2-24 - Forest land policy.
Section 68-2-25 - Forest owner assistance.
Section 68-2-26 - Enforcement; Forest Conservation Act.
Section 68-2-27 - Using false information to comply with the Forest Conservation Act.
Section 68-2-28 - Forest land protection revolving fund created.
Section 68-2-29 - Short title.
Section 68-2-30 - Findings and purpose of act.
Section 68-2-31 - Definition[s].
Section 68-2-33 - Tree planting advisory committee created; purpose of committee; composition.