Date: 09/25/2012

Final
Draft Bill #5

WILDFIRE COMMISSION

Votes: View--> Action Taken:
Move prepared amendment #1, as amended, on page 1,
Move that Bill #5 be forwarded by the commission t		TIE
PASS


10:05 AM -- Draft Bill #5

Mr. Lackner briefed the commission on Draft Bill #5, concerning a requirement that counties adopt land development regulations addressing wildfire risks for property located in wildland-urban interface areas. Mr. Lackner also discussed prepared amendment #1 to the bill (Attachment B). Representative Levy provided further background on the effect of the draft bill and its intent.

120925 AttachB.pdf120925 AttachB.pdf

10:15 AM

Discussion ensued regarding the mandatory rather than discretionary nature of the bill with respect to local governments, , and changes to the nature of the bill from when it was discussed at the commission's September 5th meeting. Discussion followed regarding the specific land development regulation model referenced in Draft Bill #5, and the impact of the bill on counties and county planning.

10:25 AM

Discussion continued regarding the impact of Draft Bill #5 on county planning and zoning.
BILL:Draft Bill #5
TIME: 10:26:41 AM
MOVED:Levy
MOTION:Move prepared amendment #1, as amended, on page 1, line 6, strike "would" and substitute "shall"; line 10, strike "emergency" and substitute "in emergency conditions." Page 2, line 5, strike "this"; line 6, strike "area" and substitute "the wildland-urban interface." The motion passed on a vote of 3-1.
SECONDED:
VOTE
Davis
Excused
Gerou
No
Levy
Yes
Nicholson
Yes
Roberts
Yes
YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


10:29 AM

The following persons testified regarding Draft Bill #5:

10:29 AM

Mr. Andy Karsian, representing Colorado Counties, Inc., testified regarding Draft Bill #5, and explained that many of the activities encouraged or mandated by the bill are already being performed at the county level. Mr. Karsian responded to questions regarding the number of counties affected by Draft Bill #5. Discussion ensued regarding the definition of "wildland-urban interface" under the bill.

10:34 AM

Mr. Paul Cooke, Interim Director, Division of Fire Prevention and Control, Department of Public Safety, testified regarding the draft bill, discussed wildfires in the wildland-urban interface, and suggested that land use requirements in these areas would be beneficial. Director Cooke discussed the potential for the state to provide technical assistance to counties in the area of land use.

10:37 AM

Mr. Tom Scanlan, representing himself, testified regarding the draft bill. Mr. Scanlan objected to opening remarks made by the chair, and discussion ensued between Mr. Scanlan and the commissioners concerning the process of draft bills introduced by the commission. Mr. Scanlan discussed the burdens Draft Bill #5 places on local communities, and expressed frustration about the focus of the commission shifting away from the Lower North Fork wildfire to other issues.

10:42 AM

Mr. Andy Hoover requested that his remarks on Draft Bill #3 be incorporated into Draft Bill #5 and forthcoming bill drafts.

10:44 AM

Discussion ensued regarding issues addressed by the land use regulations mandated by the Draft Bill #5 that are already addressed at the county level, and the impact of the bill on local land use control. Representative Levy suggested that local minimum safety standards be established for areas within the wildland-urban interface. Senator Nicholson discussed her experiences as a county commissioner, and provided closing remarks in support of Draft Bill #5. She discussed the potential for creating incentives to comply with the mandates in the bill. Senator Roberts provided closing remarks about Draft Bill #5.

BILL:Draft Bill #5
TIME: 10:50:51 AM
MOVED:Levy
MOTION:Move that Bill #5, concerning a requirement that counties adopt land development regulations addressing wildfire risks in wildland-urban interface areas, as amended, be forwarded by the commission to the Legislative Council. The motion failed on a 2-2 vote.
SECONDED:
VOTE
Davis
Excused
Gerou
No
Levy
Yes
Nicholson
Yes
Roberts
No
YES: 2 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: TIE