Wildfire Commission (08/22/2012)

Final
STAFF SUMMARY OF MEETING

WILDFIRE COMMISSION

Date:	08/22/2012	ATTENDANCE

Time:	09:03 AM to 04:03 PM	Davis	X
		Gerou	X
Place:	SCR 356	Levy	X
		Nicholson	X
This Meeting was called to order by		Roberts	X
	Senator Roberts

This Report was prepared by
	Bo Pogue
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Lesson from the Four Mile Canyon Fire Washington Mobilization Act and Emergency Response Update on Fire Provisions in HB 12-1283 Prescribed Burns and Air Quality Regulations Methods of Watershed Protection Colorado Forest Health-Prescribed Burns-Wildland-Urban Interface Public Testimony Discussion on Draft Legislation		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

09:03 AM -- Call to Order

The meeting was called to order. A quorum was present. Commissioner Roberts, chair, explained the charge of the commission, and discussed the commission's activities, covering the agenda for the day.

09:06 AM -- Lesson from the Four Mile Canyon Fire

Sheriff Joe Pelle, Mr. Jay Stalnacker, County Fire Management Officer, and Mr. Mike Chard, Emergency Manager, all of Boulder County, presented the lessons from the Four Mile Canyon fire, which occurred in Boulder County in 2010. Mr. Stalnacker provided some background on actions undertaken in Boulder County to improve forest health and mitigate wildfires, including using prescribed fires. Sheriff Pelle and Mr. Chard briefed the commission on the coordination of fire departments and evacuation orders during forest fire events. Sheriff Pelle discussed the impact of the Four Mile Canyon fire, and the actions undertaken by his department to evacuate residents during wildfires in Boulder County.

09:16 AM

Sheriff Pelle continued to brief the commission, explaining how a wildfire evacuation is put into effect and issues associated with reverse 911 notifications. Mr. Chard provided additional input about notifying residents during wildfire evacuations, and the tools used for notifications. Sheriff Pelle discussed coordination among different agencies and levels of government during wildfire emergencies, and the different roles undertaken by different agencies during these events.

09:27 AM

Mr. Chard discussed the impacts of wildfires and the importance of ensuring the ongoing effectiveness of emergency systems and functions. Sheriff Pelle discussed the need for local agencies to maintain control during emergency events state and federal assistance is available. Mr. Stalnacker responded to questions regarding the use of prescribed burns as a forest management tool, and issues associated with removing forest fuels from residential areas.

09:38 AM

Mr. Stalnacker responded to questions regarding the practice of masticating fuel that are burned during prescribed burns, and how this practice is viewed in Boulder County. Mr. Chard and Sheriff Pelle responded to questions regarding the success rate in using reverse 911 for notifications during emergencies, the volume of messages sent out during emergencies, and agency coordination while using reverse 911. Sheriff Pelle responded to further questions regarding difficulties associated with managing agency coordination during emergencies. Discussion ensued regarding the management of emergency notification services.

09:50 AM

Discussion ensued regarding resources available to affected communities in the aftermath of wildfires, steps that may be taken by local governments to initiate recovery after such events, and mental health assistance for affected residents. Mr. Stalnacker and Sheriff Pelle responded to questions regarding the impact of defensible space efforts undertaken by homeowners prior to the Four Mile Canyon Fire, and steps homeowners may take to help protect property.

10:01 AM

Discussion ensued regarding the use of Colorado State Forest Service services by Boulder County for prescribed burns, and funding for wildfire training programs concentrating on fighting wildfire in the wildland-urban interface (WUI).

10:04 AM -- Washington Mobilization Act and Emergency Response

Chief Bill McLaughlin, Elk Creek Fire Protection District, briefed the commission on the Washington State Mobilization Act and efforts that may improve emergency response systems in Colorado. Chief McLaughlin discussed difficulties in accessing outside assistance during critical periods of the Lower North Fork wildfire, and talked about the difficulties that an uncoordinated mutual aid system presented in fighting the wildfire. Chief McLaughlin discussed the differences between Colorado and Washington in dispatching available firefighting resources during wildfire emergencies, and explained how the national interagency dispatch system works to coordinate firefighting resources.

10:15 AM

Chief McLaughlin explained how Colorado's mutual firefighting aid system works, and discussed possible ways it can be improved. He also compared the systems in place in Colorado and Washington, and discussed the mutual aid accessed during the Lower North Fork wildfire. Chief McLaughlin discussed the importance of quick response in mutual aid situations, and funding reciprocity among fire districts. Chief McLaughlin provided additional ways that the state's fire mobilization plan could be improved.

10:25 AM

Chief McLaughlin responded to questions regarding the decisions associated with the prescribed burn that resulted in the Lower North Fork wildfire, and the communication relationship between his fire district and government entities that own property in his district. Chief McLaughlin responded to further questions regarding the emergency response planning regimen undertaken by his fire district, and similar efforts undertaken in his former district in Washington state. Chief McLaughlin closed his presentation by discussing mobilization funding.

10:34 AM -- Update on Fire Provisions in HB 12-1283

Mr. Paul Cooke, Director of the Division of Fire Prevention and Control in the Colorado Department of Public Safety (DPS), provided an update on the implementation of provisions in House Bill 12-1283 pertaining to wildland fires and prescribed burns. Commission members received a copy of the bill (Attachment A), an overview of the division's organization (Attachment B), a report from the division about escaped fires (Attachment C), a report about the division's aircraft firefighting capabilities (Attachment D), and information about funding for the Colorado State Forest Service (Attachment E). Director Cooke provided his background, and discussed the wildfire responsibilities transferred from the State Forest Service to DPS under House Bill 12-1283. Director Cooke briefed the commission on his division's organization and mission, as outlined in Attachment B, and discussed the services provided by the division.

10:45 AM

Director Cooke continued to brief the commission on the duties of and services provided by the Division of Fire Prevention and Control, discussing the aircraft resources used to combat wildfires as outlined in Attachment D. He discussed the information about prescribed fire escapes outlined in Attachment C, and the future use of prescribed burns since certain fire-related responsibilities have been transferred to the department. Director Cooke discussed funding issues associated with wildland-urban interface firefighting training, and addressed resource mobilization issues discussed during Chief McLaughlin's presentation.

10:56 AM

Director Cooke responded to questions regarding oversight for prescribed burns on government-owned land, and the reasons for conducting the prescribed burn that resulted in the Lower North Fork wildfire during dry weather conditions. Mr. Cooke also responded to questions regarding the transfer of expertise concerning wildfire and forest health to the DPS, and the relationship between the department and the federal government in terms of forest health policies.

11:03 AM -- Prescribed Burns and Air Quality Regulations

Mr. Will Allison, Director of the Air Pollution Control Division in the Department of Public Health and Environment, and Mr. Gordon Pierce, Technical Services Program Manager for the division, briefed the commission on air quality regulations and the impact on prescribed burns. Commission members received copies of the slides used during the presentation (Attachment F). Mr. Allison discussed issues associated with managing smoke during prescribed burns, and the impacts of smoke on air quality. Mr. Allison provided background on the requirements of the federal Clean Air Act and federal air quality regulations, and discussed the implementation of a haze reduction plan in Colorado in 2011.

11:14 AM

Mr. Pierce briefed the commission on the Colorado Smoke Management Program, and discussed the division's process to grant permits for prescribed burns. Mr. Pierce discussed the health impacts of ambient smoke, and provided further detail about smoke permits granted by the division. Mr. Pierce discussed the conditions associated with pile burns and broadcast burns.

11:24 AM

Mr. Pierce continued to brief the commission on the conditions associated with smoke permits granted by the Air Pollution Control Division, and provided an overview of the permits granted by the division in recent years. Mr. Pierce discussed the number of prescribed burns conducted in the western United States, and the times of the week and year prescribed burns are typically conducted. Mr. Pierce outlined the potential points of disagreement between the division and entities conducting prescribed burns, and discussed other challenges associated with conducting prescribed burns. Mr. Pierce also outlined the trade-offs between air quality and forest health during prescribed burns, and discussed smoke complaints associated with prescribed burns.

11:34 AM

Mr. Pierce provided a recent history of the review of Colorado's Smoke Program, and the impact of House Bill 09-1199 on the state's Smoke Program. Discussion ensued regarding avenues for reducing fuel loads in forested areas while maintaining air quality, and potential legislative changes that could help resolve this issue. Mr. Allison and Mr. Pierce responded to questions regarding the smoke permitting process. Discussion continued between the commission members concerning the trade offs between air quality and conducting prescribed burns to maintain forest health.

11:49 AM

Mr. Pierce responded to questions regarding air quality and weather monitoring of prescribed burns. Mr. Pierce and Mr. Allison also responded to questions regarding communication between government entities and neighboring communities concerning prescribed burns. Discussion ensued about the potential for placing additional conditions on smoke permits granted for prescribed burns regarding situational conditions such as weather, and increasing the level of involvement by the Air Pollution Control Division in prescribed burns.

12:01 PM

Discussion ensued regarding tensions in state law between air quality and prescribed burns, and the potential for improving the policy.

12:05 PM

The commission recessed.

01:07 PM

The commission returned from recess.

01:08 PM -- Methods of Watershed Protection

Don Kennedy, Environmental Scientist, representing Denver Water, addressed the commission and presented a power point presentation (Attachment G) concerning the methods of watershed protection performed by Denver Water. He discussed the water supply collected by Denver Water for approximately 25 percent of Colorado's population and talked about past wildfires that have harmed the water supply and water treatment systems of Denver Water. Specifically, he discussed the Buffalo Creek Fire, which occurred in 1996, and the severe flooding that occurred after the fire, which damaged the watershed and water quality collected from that area. Mr. Kennedy explained that the Buffalo Creek fire resulted in reclamation costs that totaled $26 million for Denver Water. He also talked about the Hayman Fire in 2002 and the problems that resulted to Denver Water's water supply in Hayman Reservoir. According to Mr. Kennedy, Denver Water owns approximately 8,000 acres surrounding Hayman Reservoir. He discussed the costs of cleaning up severe flooding that was a result of hydrophobic soils from the wildfire. Intense heat from wildfires can cause soils to repel water, known as hydrophobic soils, which reduces the ability for soil to absorb rainfall and run-off, and can result in severe erosion and sediment input into streams and reservoirs. Mr. Kennedy discussed the lessons from major wildfires in watershed areas and the need for water utilities to be more pro-active about protecting watershed areas identified as having high risks of wildfire.

01:30 PM

Mr. Kennedy responded to questions from the commission members concerning the history between Denver Water and the State Forest Service for wildfire management on Denver Water property. He also responded to questions about the agreement with State Forest Service to reduce the wildfire risk on Denver Water property in the North Fork area of Jefferson County, and explained that the majority of fire fuels on the Denver Water property in the area were masticated in 2005.

01:33 PM

Eric Howell, Forest Program Manager, representing Colorado Springs Utilities, addressed the commission and presented a power point presentation concerning the methods of watershed protection implemented by Colorado Springs Utilities. Mr. Howell discussed their forest management plan to protect the watershed areas of the utility from the risks of wildfires. He talked about the agreements between Colorado Springs Utilities and the State Forest Service to reduce the wildfire risks in watershed areas. Mr. Howell discussed funding sources for various watershed protection projects and talked about specific projects currently being implemented in watershed priority areas by the State Forest Service, which performed a prescribed burn for Colorado Springs Utilities. He talked about the objectives of their Prescribed Fire Plan and described both the preparation and implementation of the prescribed burn that was conducted by the State Forest Service. He also discussed current soil erosion problems as a result of hydrophobic soils that resulted from the Waldo Canyon Fire, which occurred in the summer of 2012. Mr. Howell also talked about the need to protect all property within vital watershed areas, including federal, state, and private property.

01:48 PM

Mr. Kennedy and Mr. Howell responded to questions from members of the commission concerning the priority of watershed protection for water utility entities and the need to contract with the State Forest Service to reduce wildfire risks in these areas.

01:53 PM -- Colorado Forest Health, Prescribed Burns, and the Wildland-Urban Interface

Dr. Skip Smith, Colorado State University Warner College of Natural Resources, and Dr. Tony Cheng, Director, Colorado State University Colorado Forest Restoration Institute, addressed the commission to discuss the mission of the Colorado State University Colorado Forest Restoration Institute. Dr. Cheng provided a power point presentation to the commission concerning the history of forest health, prescribed burns, and the WUI in Colorado (Attachment H).

02:12 PM

Dr. Cheng and Dr. Smith responded to questions from the commission concerning forest health in Colorado, the process of masticating forest fuels, and the process of prescribed fires. Discussion ensued between Dr. Cheng, Dr. Smith, and the commission members concerning forest management and the process of clearing masticated fuels from high risk wildfire areas. Dr. Cheng and Dr. Smith responded to questions from the commission concerning the timber industry and the challenges of making forest thinning by the timber industry viable in Colorado. Discussion ensued concerning the economic challenges of the timber industry in Colorado.

02:36 PM -- Public Testimony

Tom Scanlan, representing himself, addressed the commission to discuss the problems with burning masticated fuels in high risk wildfire areas. Mr. Scanlan discussed language from the Lower North Fork burn plan, which showed that the drought conditions in this area were disregarded when evaluating the prescribed fire. Mr. Scanlan also expressed concerns about the pending claim between the State of Colorado and the victims of the Lower North Fork wildfire. The commission members discussed the process of the pending claim between the State of Colorado and the victims of the fire.

02:44 PM

Sharon Scanlan, representing herself, addressed the commission to discuss several frustrations with the process of the Lower North Fork Wildfire Commission and the decision by the State Forest Service to conduct the prescribed burn that resulted in the Lower North Fork wildfire. The commission discussed the issues raised by Ms. Scanlan.

02:52 PM

Andy Hoover, representing himself, addressed the commission to discuss several frustrations with the process of the Lower North Fork Wildfire Commission and talked about problems with the report from the Governor's Review Team, also known as the Bass Report.

02:56 PM

Mary Ann Ellis, representing herself, addressed the commission and talked about several problems that resulted in the Lower North Fork wildfire. Ms. Ellis discussed the need to learn from improper prescribed burn methods and the forest management oversight that resulted in the fire.

02:58 PM

Jim Fildey, representing himself, addressed the commission to discuss several problems with the decisions surrounding the prescribed burn that resulted in the Lower North Fork wildfire. The commission members discussed the issues raised by Mr. Fildey.

03:06 PM

Beth Semptimphelter, representing herself, addressed the commission to discuss problems with the protocol established by the Air Pollution Control Division to acquire permits for prescribed fires, including how permits are issued and managed by the division. Ms. Semptimphelter discussed the need for communities to receive notice before a prescribed burn is conducted in Colorado. Her comments were distributed to the commission members (Attachment I).

3:10 PM -- Discussion on Draft Legislation

Bo Pogue, Legislative Council Staff, and Bob Lackner, Office of Legislative Legal Services, discussed the deadlines for interim bills with the commission members. Mr. Pogue explained that the commission may request more than eight draft bills, but cannot recommend more than eight to the Legislative Council, who will meet on October 15 to consider interim committee bills. Mr. Lackner explained what information would be needed in order to draft legislation for the commission. Mr. Pogue responded to questions from the commission members concerning the materials that are available on the commission's website and whether the commission will respond to questions from the victims of the Lower North Fork wildfire.

3:17 PM

Discussion ensued among the commission members concerning the legislative intent of House Bill 12-1352, which created the Lower North Fork Wildfire Commission.

3:28 PM

Mr. Lackner responded to questions from the commission members concerning the legislative intent of House Bill 12-1352 and House Bill 12-1361, which provided an additional process for the State Claims Board to conduct separate hearings and recommend additional payment for recovery above the $600,000 limit allowed under the Colorado Governmental Immunity Act (CGIA).

3:34 PM

Mr. David Blake, Deputy Attorney General, Colorado Attorney General's Office, responded to questions from the commission members concerning the legislative intent of House Bill 12-1352 and House Bill 12-1361. He also explained the process of legal action under the CGIA, which caps damage at $150,000 for the claim on any individual party and a total recovery of $600,000 for any single occurrence. Mr. Blake talked about the legal process for the victims of the Lower North Fork wildfire to enter into the litigation against the state for the maximum judgement of $600,000.

He also explained the change to the CGIA, under House Bill 12-1361, which waived governmental immunity for cases against the state arising from a prescribed fire started or maintained by the state or any of its employees on or after January 1, 2012. The bill also allows for the State Claims Board to conduct separate hearings for negligence and tort claims, and recommend additional payment above the $600,000 limit, once the limit has been awarded. The State Claims Board would make a recommendation to the General Assembly to pass a bill for any specific judgment or judgments that exceed the statutory maximum to be paid from the General Fund.

Mr. Blake responded to questions about the claims process and the legislative intent of House Bill 12-1352 and House Bill 12-1361, and explained that there was no way to know how long it would take the litigation to reach a conclusion with the victims of the Lower North Fork wildfire.

4:03 PM

The commission adjourned.