Date: 09/05/2012
Final
Committee Discussion on Draft Legislation
WILDFIRE COMMISSION
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02:04 PM -- Committee Discussion on Draft Legislation
Senator Roberts called Mr. Paul Cooke, Interim Director of the Colorado Division of Fire Prevention and Control, to testify regarding potential commission legislation. Commission members received a copy of his recommendations (Attachment D). Committee members also received some comments pertaining to potential legislation forwarded by Conifer resident Beth Semptimphelter (Attachment E). He discussed the transition of his division from the Colorado State Forest Service to the Department of Public Safety and explained his background in firefighting. He noted that mitigation and prevention are key to fire suppression. Mr. Cooke stated that his division lacks clear guidance or authority when it comes to prescribed fire. He suggested that his division be able to create a minimum standard for prescribed fires.
02:11 PM
Mr. Cooke continued to explain his recommendations for legislation, including: requiring those conducting prescribed fires to be certified burners, adopting a state wildland-urban interface code, and creating a high-risk communities wildfire mitigation grant program.
02:15 PM
Representative Gerou clarified with Mr. Cooke the components of a wildland-urban interface code, and she discussed the role of wildfire mitigation and preventing catastrophic fires. Mr. Cooke responded to these comments, noting that the state lacks a minimum building standard in the wildland-urban interface. He added that code standards should be part of a package that also addresses the need to remove existing biomass from the state's forests.
02:26 PM
Representative Levy discussed the wildland-urban interface code and the development of rules regarding prescribed burns. Mr. Cooke described the potential benefits of developing specific guidelines for prescribed burns and the need to use the expertise in the state in the development of such guidelines. Senator Roberts and Mr. Cooke discussed prior bills whose authority is set to expire.
02:34 PM
Mr. Cooke discussed the deduction for wildfire mitigation and the reasons why its benefits have been limited. He suggested that the mitigation grants might be more valuable if the two programs were to be ranked.
02:38 PM
Ms. Lisa Dale, Assistant Director of the Department of Natural Resources, came to the table to discuss the Forest Restoration Pilot Program. She explained that the program was reauthorized as a permanent program and extended for five years, but that it depends on Tier 2 severance tax funding. Senator Roberts and Representative Gerou discussed the need for ongoing funding for wildfire mitigation.
02:44 PM
Senator Nicholson discussed the value of grants versus tax deductions in encouraging individual homeowners toward fire mitigation. She and Mr. Cooke discussed broadening grant opportunities to communities for the implementation of mitigation efforts. Representative Gerou and Mr. Cooke continued to discuss the requirements of the wildland-urban interface code. Senator Roberts and Mr. Cooke clarified that the wildland-urban interface code would be optional, but that the state could provide incentives for counties to adopt the code.
02:51 PM
Senator Nicholson and Mr. Cooke discussed firefighter training and preparedness exercises. Senator Roberts and Mr. Cooke discussed potential improvements to the state's 9-1-1 systems. Director Davis suggested that the state's Office of Emergency Management might be better able to address these concerns.
02:57 PM
Mr. Kevin Klein, Director of the Division of Homeland Security and Emergency Management, came to the table to discuss existing limitations of reverse 9-1-1 in the state. Representative Levy clarified the role of Mr. Klein's office in emergency communications. Representative Gerou and Mr. Klein discussed the timing of any recommendations made by the Division of Homeland Security and Emergency Management.
03:05 PM
Senator Nicholson and Mr. Cooke discussed Community Wildfire Protection Plans. Mr. Cooke noted that the plans remain the responsibility of the State Forest Service and explained that jurisdictions other than counties may choose to create their own plans.
03:09 PM
Commission discussion on proposed legislation began. Representative Gerou recommended that the commission urge the immediate implementation of House Bill 12-1361, concerning Lower North Fork victims' compensation, a recommendation that does not require legislation. She added that many bill proposals could fit under a title regarding prescribed burns. Commission members discussed the following proposals:
03:12 PM
Representative Gerou proposed that limits be placed on prescribed burns similar to the conditions that must be met for residential pile burns. This proposal was later withdrawn.
03:18 PM
Representative Gerou proposed additional requirements for prescribed burns, including a go/no-go standard based on weather conditions, local notification of upcoming burns, and a way to include local fire chiefs in the burn planning. She clarified that many of these requirements could be achieved through rule-making, but that there could be ways to note particular concerns.
03:25 PM
Senator Roberts proposed legislation recommended by Mr. Cooke, creating a state prescribed fire program administered by the Department of Public Safety. She and Representative Gerou considered the distinctions between this and previous proposals.
03:28 PM
Senator Nicholson proposed the creation of an ongoing legislative oversight committee on wildfire issues. She clarified that this would be a standing interim committee.
03:38 PM
Senator Nicholson proposed extending the Wildfire Preparedness Fund with a funding source outside of severance tax revenue. She suggested that these funds could be used for training exercises and other proposed needs. Mr. Alex Schatz, Legislative Council Staff, clarified that the Wildfire Preparedness Fund was funded through two fiscal years, expiring June 30, 2014. This proposal was withdrawn.
03:43 PM
Representative Levy proposed creating a high-risk communities wildfire mitigation grant program.
03:44 PM
Representative Levy proposed that the state create incentives for counties to adopt the wildland-urban interface code. She clarified that the code would be discretionary at the local level.
03:48 PM
Director Davis proposed that legislation capture three main points proposed by Mr. Cooke: grant responsibility for regulating prescribed fires to the Department of Public Safety, Division of Fire Prevention and Control; require certification for burners; and require a certified burner to be present during prescribed burns.
03:54 PM
Senator Roberts proposed extending the income tax credit.
03:55 PM
Senator Roberts proposed extending the bonding authority for watershed protection.
03:58 PM
The commission recessed.
04:05 PM
The commission returned to order. Discussion ensued regarding the ability to combine multiple legislative ideas into one draft bill. Discussion followed regarding the nexus between the proposals for legislation drafts and the charge of the commission, and the purpose of the commission's reporting requirement. Director Davis proposed a request for draft legislation concerning reimbursement of first responder agencies in a manner that allows for fast response during wildfire events. Committee discussion ensued concerning the potential for the commission to request an executive order from the Governor to implement the provisions of House Bill 12-1361. Senator Roberts recapped the proposed requests for draft legislation. Mr. Cooke explained that his department already has the statutory authority to implement one of Representative Levy's proposals, and responded to questions regarding the funding source for certain fire training in the wildland-urban interface.
04:18 PM
Senator Roberts continued to recap the proposed draft legislation requests. Discussion ensued regarding the statutory cap on claims against the government, and the potential for drafting legislation to increase the governmental immunity caps. Discussion followed regarding the scope of such potential legislation. Discussion returned to the issue of requesting that the Governor implement HB 12-1361 through executive order. Discussion turned to the process by which draft legislation proposals are considered and approved, and the potential retroactivity of the proposal to remove immunity caps. Mr. Bo Pogue, Legislative Council Staff, provided some comments about the interim committee process.
04:28 PM
The commission adjourned.