Wildfire Matters Review Committee (09/23/2013)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	09/23/2013	ATTENDANCE

Time:	09:09 AM to 03:26 PM	Buck	X
		Exum	*
Place:	SCR 356	Jones	E
		King	E
This Meeting was called to order by		Levy	X
	Senator Nicholson	Nordberg	X
		Roberts	X
This Report was prepared by		Tochtrop	X
	Bo Pogue	Hamner	*
		Nicholson	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Fire-Adapted Communities and Waldo Canyon Overview of the Colorado Fire Service Briefing on the Black Forest Fire Div. of Fire Prevention and Control Update Insurance and Reinsurance in the WUI Upcoming Meeting Activities Draft Bill Process		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

09:10 AM -- Fire-Adapted Communities and Waldo Canyon

The committee was called to order. A quorum was present. Ms. Cathy Prudhomme, Firewise Associate Project Manager, National Fire Protection Association (NFPA), briefed the committee on the concept of fire-adapted communities, and discussed certain lessons learned from the Waldo Canyon Fire. Committee members received a brochure on fire-adapted communities (Attachment A), and an article entitled "Moving Toward a Fire Adapted Community (Attachment B), both prepared by the NFPA. Ms. Prudhomme discussed the mission of the NFPA, and cited statistics associated with recent fires in Colorado. Ms. Prodhomme provided some background on fire-adapted communities, and certain legislation that establishes fire-adapted community goals. Ms. Prudhomme discussed the Fire Adapted Community Coalition, and provided further information on what constitutes a fire-adapted community. Ms. Prudhomme then discussed the actions that are taken to establish a fire-adapted community.

130923 AttachA.pdf

130923 AttachB.pdf

09:22 AM

Ms. Prudhomme discussed the fire-adapted communities that have been established nationwide and in Colorado, and growth in the number of fire-adapted communities. Ms. Prudhomme briefed the committee on the report entitled "Lessons Learned from Waldo Canyon" (the report may be accessed at: http://fireadapted.org/~/media/Fire%20Adapted/Images/News%20Images/Waldo-Canyon-Rpt-FINAL-shrunk%203.pdf ), first discussing the impact of embers in forest fires in the wildland-urban interface and the importance of defensible space. Ms. Prudhomme discussed efforts that succeeded in preventing property damage in the Waldo Canyon Fire and other Colorado wildfires, and compared the concepts of fire-adapted communities and fire-wise communities. Ms. Prudhomme explained how a community becomes a fire-adapted community.

09:35 AM

Ms. Prudhomme continued to brief the committee on how a community becomes a fire-adapted community. Ms. Prudhomme responded to questions regarding what constitutes a community in terms of establishing a fire-wise community, and grant-making for fire-wise communities. Ms. Prudhomme responded to further questions regarding what role the United States Forest Service plays in creating fire-adapted communities, and the practical implementation of programs that create fire-adapted communities. Ms. Prudhomme responded to questions regarding the effectiveness of Colorado Wildfire Protection plans (CWPP).

09:46 AM

Discussion ensued regarding the importance of CWPPs. Ms. Prudhomme responded to questions regarding the scope of duties of the NFPA, and effective strategies for motivating owners of second homes to conduct fire mitigation on their properties. Ms. Prudhomme responded to questions regarding the role of insurance companies in incentivizing such mitigation activities, and the potential role of the committee in improving the rate of property owner-initiated wildfire mitigation. Ms. Prudhomme responded to additional questions about efforts to create coalitions to address wildfire issues.

09:56 AM

Discussion ensued regarding emergency communication during emergency events. Ms. Prudhomme responded to questions regarding the role of the NFPA in flood mitigation in burn zones, and the protection of cultural assets from wildfire. Discussion followed regarding the incentives created in Colorado Springs for homeowners to conduct wildfire mitigation activities that resulted in home protection during the Waldo Canyon Fire. Discussion followed regarding the NFPA program.

10:06 AM -- Overview of the Colorado Fire Service

Mr. Garry Briese, Executive Director of Colorado State Fire Chiefs, provided an overview of the Colorado fire service. Committee members received a packet of slides upon which Mr. Briese based his presentation (Attachment C). Mr. Briese first discussed actions undertaken by fire departments during recent emergency events, and the challenges facing these firefighters during the events. Mr. Briese discussed the various activities of Colorado fire departments, relying on the slides in Attachment C. Mr. Briese discussed the responsibilities of the fire service.

130923 AttachC.pdf

10:18 AM

Mr. Briese discussed the organizational structure of Colorado's fire service, and provided statistics on structure fires in Colorado. Mr. Briese provided an overview of Colorado's fire departments and resources, and discussed firefighter safety and health. Mr. Briese discussed the need to conduct regular censuses of Colorado's fire service to gather information regarding the needs of the fire service. Mr. Briese also discussed the issues that are concerning fire service leadership, and challenges facing the fire service.

10:29 AM

Mr. Briese listed recent positive developments within Colorado's fire service. Discussion ensued regarding workers' compensation coverage for firefighters when they contract cancer, and the potential impact of the federal Patient Protection and Affordable Care Act on the fire service. Discussion followed regarding the impact of relying on volunteer firefighters to address emergencies.

10:41 AM

Discussion continued regarding the use of volunteer firefighters for first-response activities. Mr. Briese responded to questions regarding funding for emergency communications systems relied upon by fire departments in Colorado, and the need for back-up power sources in fire stations throughout Colorado. Mr. Briese responded to questions regarding reimbursement to first responders when they provide health care services during emergency situations, such as ambulance delivery.

10:52 AM

Mr. Briese responded to questions regarding liability associated with the provision of emergency medical services by fire departments, and funding sources for increased services in this area. Discussion ensued regarding the ramifications of appointing a statewide fire marshal. Discussion returned to the incidence of cancer in the fire service, the reasons for the rise in cancer among the fire service, and efforts underway to address this issue.

11:03 AM

The committee recessed.

11:22 AM -- Briefing on the Black Forest Fire

Chief Robert Harvey, Black Forest Fire Protection District, briefed the committee on the Black Forest Fire, which took place in El Paso County in June 2013. Chief Harvey discussed certain challenges facing his department when trying to address the fire, and provided some general information about the fire, detailing the opening stages of the fire and initial response.

11:32 AM

Chief Harvey continued to brief the committee on the scope of the Black Forest Fire and emergency and fire fighting response to the fire. He also discussed the impact of the fire. Chief Harvey responded to questions regarding the impact of the use of aerial resources to combat the Black Forest Fire, and his perspective on the use of aerial resources to combat wildland fires in general. Chief Harvey responded to further questions about the wind threshold for the use of aircraft in fighting wildland fires, and the effectiveness of aircraft during the Black Forest Fire.

11:47 AM

Chief Harvey responded to questions regarding the failure of reverse 911 at the Black Forest Fire, and notification efforts undertaken by emergency responders as a result. Discussion ensued regarding the radio systems used by Chief Harvey during wildland fire situations, and the need for robust communication systems for first responders.

11:57 AM

Chief Harvey responded to questions regarding the insufficiency of the water supply during engagement of the Black Forest Fire. Chief Harvey responded to questions regarding how property owners may be convinced to perform wildfire mitigation activities on their properties. Discussion returned to the lack of water during the Black Forest Fire, and the use of certain fire suppression materials to combat forest fires.

12:09 PM

Discussion ensued regarding insurance issues associated with wildfires and fire mitigation in the wildland-urban interface.

12:11 PM

The committee recessed.

01:19 PM -- Div. of Fire Prevention and Control Update

The committee returned to order. Mr. Paul Cooke, Director, Division of Fire Prevention and Control within the Department of Public Safety, provided an update on the division's activities as they pertain to the committee. Mr. Cooke first discussed the activities of the division, in conjunction with the Wildland Fire and Prescribed Fire Advisory Committee and Colorado State Fire Chiefs, in the area of legislation recommendations. Mr. Cooke discussed an ongoing wildland fire aerial fleet study, and issues associated with aerial resources. Mr. Cooke responded to questions regarding the impact of recent flooding in Colorado on resources available for fighting wildland fires. Discussion ensued regarding the need to bolster radio communications systems for Colorado's fire departments.

01:30 PM

Mr. Cooke responded to questions regarding the potential role and value of appointing a statewide fire marshal. Discussion ensued regarding the benefits and ramifications of appointing a statewide fire marshal, and the duties such an office would perform in comparison to the duties of the Division of Fire Prevention and Control. Mr. Cooke responded to questions regarding the potential for restructuring the emergency response structure to allow for better addressing large-scale emergency events.

01:40 PM

Mr. Cooke responded to questions about issues associated with the state's reverse 911 system, and the potential for bolstering this system through legislation or other means.

01:48 PM -- Insurance and Reinsurance in the WUI

Mr. Don Griffin, Vice President for Personal Lines with the Property Casualty Insurers Association of America, and Mr. David Corum, Vice President, Insurance Research Council, briefed the committee on insurance and reinsurance issues associated with the wildland-urban interface. Mr. Griffin briefed the committee on insurance underwriting and reinsurance, providing background on these issues. He explained how insurance companies assess risk on properties within the wildland-urban interface, and discussed the concept of insurance rating.

01:59 PM

Mr. Griffin explained the concept of "conflagration hazard," which results when one insurance company insures too many properties in a specific area, which may expose the company to risk due to an area event. Mr. Griffin discussed the risk associated with increased building in areas vulnerable to disaster, including the wildland-urban interface, and explained how insurance companies react to this phenomenon. Mr. Griffin then explained the concept of reinsurance.

02:08 PM

Mr. Corum briefed the committee on trends in Colorado homeowners insurance claims. Committee members received a packet of slides upon which he relied for his presentation (Attachment D). Mr. Corum summarized these trends, and compared Colorado's trends to the country as a whole.

130923 AttachD.pdf

02:16 PM

Ms. Marguerite Salazar, Commissioner of Insurance for the Division of Insurance within the Department of Regulatory Agencies, and Ms. Jo Donlin, Director of External Affairs for the division provided details on the current state of the property and casualty insurance market. Committee members received a handout on property and casualty insurance market statistics (Attachment E), and records on the industry's Colorado market share and loss ratios for 2011 and 2012 (Attachment F). Ms. Salazar briefed the committee on trends in catastrophe-related insurance claims in Colorado, as well as trends in insurance rates. Ms. Donlin discussed Colorado's market share and loss ratio, as outlined by Attachment F. Mr. Bradley Levin, Esquire, of the law firm Roberts, Levin, and Rosenberg, briefed the committee on reinsurance and its utility. Mr. Levin discussed legislation recently passed by the General Assembly concerning additional protections for homeowner's insurance policyholders in Colorado. Mr. Levin outlined certain concerns he has with the insurance industry.

130923 AttachE.pdf

130923 AttachF.pdf

02:28 PM

Mr. Levin discussed certain burdens experienced by property owners as they attempt to rebuild homes lost to catastrophe, and called for certain additional information to be made available to policyholders that informs the policyholders about who represents each interest in an insurance claim dispute. Mr. Levin discussed the potential for insurance-related issues to be raised in association with the current flooding in Colorado. Mr. Corum responded to questions regarding Colorado's placement among states in terms of insurance claims associated with catastrophe.

02:40 PM

Ms. Donlin responded to questions regarding insurance premium trends in the state and the potential impact of recent catastrophes on premiums. Mr. Griffin responded to questions regarding how the insurance industry is attempting to accommodate the increase of insurance claims in Colorado. Ms. Donlin responded to questions regarding the insurance industry loss ratios reflected in Attachment F. Mr. Griffin responded to questions regarding the potential for the insurance industry to assist in efforts to incentivize homeowners within the wildland-urban interface to perform wildfire mitigation activities on their properties, and other ways that the industry may spur innovation seeking to reduce wildfire loss. Discussion ensued regarding proactivity on the part of insurance companies in the area of informing wildland-urban interface homeowners about wildfire mitigation.

02:53 PM

Discussion ensued regarding how residents in the wildland-urban interface may obtain homeowner's insurance without legal mandates requiring insurance companies to sell insurance in all areas of the state. Discussion followed regarding how property insurance consumers may be better informed about the dangers inherent to them as a result of where their properties are located, and methods by which the insurance industry may educate consumers about available insurance products.

03:04 PM

Discussion ensued regarding the potential for collaborative efforts that may be undertaken to better utilize insurance products and to better inform consumers about both the risks they face and the coverage available to them. Discussion followed regarding how best to incentivize wildfire mitigation on private property, whether it be through legal mandates or insurance industry incentives.

03:14 PM -- Upcoming Meeting Activities

Senator Nicholson provided an overview of the agenda items that will be covered at the committee's next meeting, to be held on October 1. Mr. Bo Pogue, Legislative Council Staff, provided input on upcoming committee scheduling. Discussion ensued regarding additional briefings that the committee would like to receive.

03:23 PM -- Draft Bill Process

Mr. Bob Lackner, Office of Legislative Legal Services, briefed the committee on the process by which committee members will request draft committee legislation, and act on this legislation. Mr. Lackner discussed the parameters for requesting legislation.

03:26 PM

The committee adjourned.