Date: 09/25/2012

Final
Draft Bill #2

WILDFIRE COMMISSION

Votes: View--> Action Taken:
Amend preamended version of Draft Bill 2, Line 14,
Move that the commission send a letter to the Gove
Moved prepared amendment #1 (Attachment F). The mo
Moved prepared amendment #2 (Attachment E). The mo
Moved that Draft Bill #2, concerning the creation
Moved to amend preamended version of Daft Bill #2:		Pass Without Objection
FAIL
FAIL
Pass Without Objection
PASS
Pass Without Objection




01:06 PM -- Draft Bill #2

The commission returned to order. Senator Roberts provided background on the drafting process as it pertains to amending bills. Mr. Lackner provided an overview of Draft Bill #2, concerning the creation of a prescribed burning program under the Division of Fire Prevention and Control in the Department of Public Safety, and, in connection therewith, specifying the power and duties of the division and its director with respect to that program. Commission members received a pre-amended version of the bill (Attachment D), as amended by prepared amendment #2 (Attachment E), and also received prepared amendment #1 (Attachment F).

120925 AttachD.pdf120925 AttachD.pdf120925 AttachE.pdf120925 AttachE.pdf120925 AttachF.pdf120925 AttachF.pdf

01:18 PM

Mr. Lackner continued to provide an overview of Draft Bill #2, as amended by prepared amendment #2. Senator Roberts discussed the process for forwarding the bill for introduction in the General Assembly.

01:23 PM

The following people testified regarding Draft Bill #2:

01:23 PM

Mr. Paul Cooke, Interim Director for the Division of Fire Prevention and Control within the Department of Public Safety, discussed the transfer of wildland fire responsibilities to the Department of Public Safety, and explained how Draft Bill #2 clarifies the responsibility for conducting prescribed burns. Mr. Cooke explained how certain prescribed burn guidelines were integrated into the bill, and discussed the stakeholders affected by the bill. Mr. Cooke discussed the elements covered by Draft Bill #2, and the guidelines that would be established by rulemaking under the bill. Mr. Cooke responded to questions regarding how the policies enacted under the draft bill would help to prevent future occurrences similar to the Lower North Fork wildfire.

01:34 PM

Discussion continued regarding provisions in the bill that may help to avoid a situation similar to the Lower North Fork wildfire in the future. Mr. Cooke responded to questions regarding current policy pertaining to taking weather, such as wind events, into consideration when conducting controlled burns, and the need to amend Draft Bill #2 to address this issue. The discussion included details of the particular weather patterns associated with the Lower North Fork wildfire. Mr. Cooke responded to further questions regarding how sound science is incorporated into the prescribed burning program created by Draft Bill #2.

01:47 PM

Mr. Cooke explained the ramifications of not moving forward with Draft Bill #2. Mr. Cooke responded to questions regarding the level of specificity contained in the bill for governing the prescribed burning program, such as specific directives for apportioning costs among participating entities. The discussion returned to taking certain considerations such as weather into account when conducting prescribed burns under Draft Bill #2.

01:58 PM

Discussion continued regarding taking weather into account when conducting prescribed burns under Draft Bill #2. Mr. Cooke responded to questions regarding specific language in the draft bill concerning considering alternatives to prescribed burning, and the burning of masticated fuels in controlled burns. Discussion ensued regarding options available for removing fuels from the forest. Mr. Cooke responded to further questions regarding the preemption by the state of a landowner's decision to conduct a prescribed burn under Draft Bill #2, and a provision in the bill concerning assessing the need to conduct a prescribed burn.

02:10 PM

Representative Gerou explained the effect of amendment #1 to Draft Bill #2. Mr. Cooke provided input on the amendment. Representative Gerou discussed the reasons for bringing amendment #1 forward. Mr. Cooke reiterated that certain portions of the amendment would be covered by agency rulemaking under Draft Bill #2, and implementing other portions would be problematic. Discussion ensued regarding the public trust in the prescribed burn program.

2:22 PM

Ms. Beth Semptimphelther, representing herself, discussed provisions of Draft Bill #2 and asked the commission about being part of stakeholder meetings during the legislative process to suggest changes to the draft bill. Ms. Semptimphelter responded to questions from the commission members about the content of the draft bill, and the commission members received a packet of information from Ms. Semptimphelter (Attachment G).

120925 AttachG.pdf120925 AttachG.pdf

2:28 PM.

Tom Scanlan, representing himself, addressed the committee to discuss problems with having prescribed burns in the state being under the oversight of the Division of Fire Prevention. He discussed the need to add incentives for the timber industry to clear forest fuels from Colorado forests. Mr. Scanlan also express interest in being part of any stakeholder meetings during the legislative process for Draft Bill 2.

2:34 PM

Commissioner Roberts discussed present and future projects in Colorado where the timber industry was operating projects that involved forest thinning.

2:34 PM

Scott Appel, representing himself, explained the difficulty of losing everything to the Lower North Fork wildfire, and talked about the problems with using prescribed fire as a tool for forest health. He cautioned against using prescribed burns simply because it is the cheapest method for clearing forest areas. Mr. Appel questioned the reasons and benefits for performing the prescribed burn that resulted in the Lower North Fork wildfire.

2:41 PM

Sharon Scanlan, representing herself, expressed concerns with the statements made by Director Cooke about the events that resulted in the Lower North Fork wildfire, and she warned about performing prescribed burns in the type of climate and environment that resulted in the Lower North Fork wildfire.

2:45 PM

Discussion ensued between the commission members concerning the additions to the bill under prepared amendment #2 (Attachment E).

BILL:Bill #2
TIME: 02:10:55 PM
MOVED:Nicholson
MOTION:Amend preamended version of Draft Bill 2, Line 14, Page 7, Strike "encourage"and "evaluation: and insert: "evaluate". The motion passed without objection.
SECONDED:
VOTE
Davis
Gerou
Levy
Nicholson
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Bill #2
TIME: 02:11:40 PM
MOVED:Gerou
MOTION:Moved prepared amendment #1 (Attachment F). The motion failed on a vote of 1-3.
SECONDED:
VOTE
Davis
Excused
Gerou
Yes
Levy
No
Nicholson
No
Roberts
No
YES: 1 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Bill #2
TIME: 02:11:11 PM
MOVED:Roberts
MOTION:Moved prepared amendment #2 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Davis
Gerou
Levy
Nicholson
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



2:56 PM

Director Cooke responded to questions from the commission members concerning a proposed amendment by Representative Levy to eliminate provisions in the bill concerning the cost analysis of a prescribed burn covered on page 15.

BILL:Bill #2
TIME: 02:51:10 PM
MOVED:Levy
MOTION:Moved to amend preamended version of Daft Bill #2: strike lines 21-27 on page 15 and strike lines 1-5 on page 16. The motion passed without objection.
SECONDED:
VOTE
Davis
Gerou
Levy
Nicholson
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Bill #2
TIME: 03:01:55 PM
MOVED:Roberts
MOTION:Moved that Draft Bill #2, concerning the creation of a state prescribed burning program, be forwarded to Legislative Council, as amended. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Davis
Gerou
Yes
Levy
Yes
Nicholson
Yes
Roberts
Yes
Final YES: 4 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



3:02 PM

Senators Nicholson and Roberts, and Representatives Gerou and Levy were designated as the Senate and House co-prime sponsors.

3:04 PM

The commission members discussed a motion made by Representative Gerou that the commission request the Governor to immediately implement the provisions of House Bill 12-1361 for the victims of the Lower North Fork wildfire. Discussion ensued concerning the motion and the Colorado Governmental Immunity Act.
BILL:Bill #2
TIME: 03:09:19 PM
MOVED:Gerou
MOTION:Move that the commission send a letter to the Governor requesting the immediate implementation of House Bill 12-1361. The motion failed on a vote of 1-4.
SECONDED:
VOTE
Davis
No
Gerou
Yes
Levy
No
Nicholson
No
Roberts
No
YES: 1 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL