Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:08/15/2013
ATTENDANCE
Time:09:09 AM to 03:23 PM
Buck
X
Exum
X
Place:HCR 0112
Hamner
X
Jones
X
This Meeting was called to order by
King
X
Senator Tochtrop
Levy
X
Nicholson
X
This Report was prepared by
Nordberg
X
Bo Pogue
Roberts
E
Tochtrop
X
(None), (None)
(None), (None)
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Selection of Chair and Vice Chair
Opening Remarks by Chair and Committee Members
Review of Committee Charge
Update on Recent Wildfire-related Legislation
Division of Fire Prevention and Control Presentation
Update on Implementation of Senate Bill 13-269
Committee Scheduling
Wildfire Mitigation Law in Mountain States
Governor's Wildfire Task Force Update
Update on Forest Health
Discussion about Content of Future Meetings
Pass
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
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only


09:09 AM -- Selection of Chair and Vice Chair

The committee was called to order. A quorum was present. Committee members received copies of some public input about the committee and its charge recently received by Legislative Council Staff (Attachment A). Senator Tochtrop, acting as chair, opened the floor for nominations for a committee chair.

130815 AttachA.pdf130815 AttachA.pdf
BILL:Selection of Chair
TIME: 09:09:47 AM
MOVED:Hamner
MOTION:Nominate Senator Nicholson as chair of the Wildfire Matters Review Committee. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Buck
Yes
Exum
Yes
Hamner
Yes
Jones
Yes
King
Yes
Levy
Yes
Nicholson
Yes
Nordberg
Yes
Roberts
Excused
Tochtrop
Yes
(None), (None)
(None), (None)
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:Selection of Vice Chair
TIME: 09:10:42 AM
MOVED:Tochtrop
MOTION:Nominate Representative Hamner as Vice Chair of the Wildfire Matters Review Committee. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Buck
Yes
Exum
Yes
Hamner
Yes
Jones
Yes
King
Yes
Levy
Yes
Nicholson
Yes
Nordberg
Yes
Roberts
Excused
Tochtrop
Yes
(None), (None)
(None), (None)
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

09:11 AM -- Opening Remarks by Chair and Committee Members

Senator Nicholson, newly elected committee chair, provided opening remarks about the committee and its charge. Representative Hamner, newly elected committee vice chair, provided opening remarks, and the rest of the committee members provided their own opening remarks.

09:19 AM -- Review of Committee Charge

Mr. Bob Lackner, Office of Legislative Legal Services, introduced himself and the other staffers from his office staffing the committee, and provided an overview of the committee's charge as outlined in Senate Bill 13-082.

09:22 AM -- Update on Recent Wildfire-related Legislation

Mr. Alex Schatz, Legislative Council Staff, provided an overview of legislation relating to wildfire matters adopted by the General Assembly since 2006. Committee members received a list of this legislation with short titles (Attachment B). Mr. Schatz briefed the committee on the listed legislation.

130815 AttachB.pdf130815 AttachB.pdf


09:32 AM

Mr. Schatz continued to brief the committee on legislation recently adopted by the General Assembly, as outlined in Attachment A. Mr. Schatz also discussed certain legislation recently considered by the General Assembly but not adopted. Mr. Schatz then listed the recurring issues pertaining to wildfires that have been addressed by the General Assembly. Mr. Schatz responded to questions regarding sources of information pertaining to watershed and water resource rehabilitation associated with wildfires.

09:43 AM

Mr. Schatz responded to questions regarding the impact of the legislation adopted by the General Assembly related to wildfires, and legislation adopted pertaining to local building codes in the wildland-urban interface. Mr. Schatz responded to further questions regarding tax deductions for creating fire-defensible space in the wildland-urban interface, and flood mitigation programs associated with wildfire burn scars. Discussion ensued regarding insurance issues affecting those living in the wildland-urban interface.

09:51 AM -- Div. of Fire Prevention and Control Presentation

Mr. Paul Cooke, Director of the Division of Fire Prevention and Control (DFPC) within the Department of Public Safety, made a presentation on a number of wildfire-related issues, including:

Mr. Cooke provided background on his work with the division and with wildfires generally, and discussed the mission of the DFPC. Mr. Cooke discussed the recent loss of life due to a wildfire in Arizona, and the dangers to firefighters posed by wildfires. Committee members received an article about the firefighters lost in Arizona (Attachment C) and a preliminary report on the 2012 wildfire season prepared by the DFPC (Attachment D). Mr. Cooke discussed the transfer of wildfire responsibilities to the Department of Public safety pursuant to House Bill 12-1283, and the mission and duties of the DFPC as a result of the transfer.

130815 AttachC.pdf130815 AttachC.pdf130815 AttachD.pdf130815 AttachD.pdf

10:07 AM

Mr. Cooke discussed the emergency management regions in Colorado managed by the DFPC, and the use of Emergency Fire Fund moneys to combat wildfires. Committee members received a handout containing statistics concerning wildfires in Colorado on state and private lands in recent years (Attachment E). Mr. Cooke provided an overview of certain resources available to suppress wildfires in Colorado, and programs that make firefighting resources available to the DFPC.

130815 AttachE.pdf130815 AttachE.pdf






10:18 AM

Mr. Cooke briefed the committee on the implementation of Senate Bill 13-245, concerning the creation of the Colorado Firefighting Air Corps in the Division of Fire Prevention and Control of the Department of Public Safety. Mr. Cooke then discussed the implementation of the Prescribed Burning Program pursuant to Senate Bill 13-083. Mr. Cooke's presentation turned to the challenges facing those charged with addressing wildfires, and recommendations for mitigating wildfires.

10:29 AM

Mr. Cooke continued to discuss recommendations for mitigating wildfires. Mr. Cooke provided an overview of the statistics on wildfires in Colorado contained in Attachment E, and wildfire trends in the state. Mr. Cooke responded to questions regarding steps that may be taken to better preserve the safety of firefighters and other first responders who are charged with assisting the public during wildfires. Discussion ensued regarding private land use and the use of aircraft resources to combat fires. Discussion followed regarding the strengthening of ground resources to combat wildfires, including the use of volunteer firefighters.

10:39 AM

Mr. Cooke responded to questions regarding household insurance carried by those living in forested areas, and the attention paid to wildfire danger by the insurance industry. Mr. Cooke responded to further questions regarding the use of state-contracted air resources to combat the Black Forest Fire in El Paso County, and the issue of arson in the wildland-urban interface. Discussion ensued regarding the causes of certain fires in El Paso County, and governmental resources available for investigating the causes of wildfires. Discussion followed regarding state budgeting for wildfire mitigation, and specifically funding for the DFPC.

10:52 AM

Discussion continued regarding state resources earmarked for wildfire mitigation, and the DFPC's budget. Discussion returned to recommendations about requirements for allowable development in the wildland-urban interface, and the effectiveness of legislation passed in recent years to address wildfire-related issues. Discussion turned again to firefighter safety.

11:03 AM

The committee again discussed private property wildfire mitigation and defensible space creation in the wildland-urban interface.

11:09 AM -- Update on Implementation of Senate Bill 13-269

Ms. Lisa Dale, Assistant Director of Parks, Wildlife, and Lands, Department of Natural Resources, provided an update on the implementation of the Wildfire Risk Reduction Grant Program pursuant to Senate Bill 13-269. Ms. Dale provided an overview of the program and its funding, and discussed the requirements for participating in the program. Ms. Dale detailed the first round of program grant recipients. Discussion ensued regarding the potential for creating resource centers to assist those living in the wildland-urban interface with wildfire reduction efforts on private property. Ms. Dale listed the location of the program grantees, and responded to questions regarding the grantees in the City and County of Denver.

11:21 AM

The committee recessed for lunch.




12:38 PM -- Committee Discussion About Future Meeting Dates

The committee returned to order. Senator Nicholson opened a discussion about scheduling the remainder of the committee's interim meeting dates. Committee members received a calendar indicating holidays and other legislative activities taking place during the interim (Attachment F). Mr. Bo Pogue, Legislative Council Staff, introduced additional staffers from his office and provided some background on legislative rules that impact the committee's meeting scheduling. Discussion ensued regarding committee members' other interim assignments and scheduling obligations that may interfere with scheduling for the Wildfire Matters Review Committee. Discussion followed regarding the potential for the committee to schedule a field trip to a wildfire burn site. The committee elected to not make a site visit.

130815 AttachF.pdf130815 AttachF.pdf

12:40 PM

The committee returned to discussing potential dates for interim meetings. Mr. Pogue provided input regarding the process of forwarding committee legislation to the Legislative Council, and certain legislative rules that impact the committee's scheduling. After a lengthy discussion about scheduling and scheduling conflicts, the committee elected to meet on the following dates: September 6, September 23, October 1, and October 30.

01:08 PM -- Wildfire Mitigation Law in Mountain States: A White Paper Presentation

Dr. Lloyd Burton, Professor and Concentrations Director, School of Public Affairs, University of Colorado Denver, presented a white paper authored by he and his students entitled Wildfire Mitigation Law in the Mountain States of the American West: A Comparative Assessment. The white paper may be accessed at: http://www.ucdenver.edu/academics/colleges/SPA/Research/EAWG/Research/wildfires/Documents/WhtPprIntrstStdy15jul13.pdf. Dr. Burton provided background on his work in the area of wildfires and disaster preparedness, and discussed the core findings of his white paper. He also provided background on certain distinctions among the wildfire-related laws in mountain states that provide the basis for the findings in his paper. Dr. Burton discussed the "hybrid state" distinction given to Utah and Nevada in his white paper and the studies that are performed on areas after being affected by wildfire. Dr. Burton answered questions from the committee regarding the planting of bluegrass as a wildfire mitigation technique and the role that the private sector plays--specifically mortgage companies and insurance companies--in influencing the behavior of individuals who reside within the wildland-urban interface. He also discussed the costs associated with wildland-urban interface mitigation techniques. He answered questions regarding how other states have enforced various requirements of homeowners in the wildland-urban interface.

01:31 PM

Dr. Burton responded to questions regarding the willingness of insurance companies to insure homes situated in the wildland-urban interface, and the interaction between state law concerning wildfire mitigation on private property and mitigation required by insurers. Discussion ensued regarding dangers associated with developing the wildland-urban interface, and potential ways to both mitigate for potential wildfires in this area and properly assign costs associated with wildfires. Discussion followed regarding efforts on the part of local governments to require wildfire mitigation on private property.


01:44 PM

Dr. Burton responded to questions regarding "graduated risk" associated with wildfires, including grades of environment and climate associated with wildfire risk. Discussion ensued regarding development of forested property in Summit County. Dr. Burton responded to questions regarding changes in law among certain mountain states that move these states toward becoming what he classifies as "common standard" states, where state law controls requirements for development of the wildland-urban interface as opposed to local governments controlling this development. He also discussed the potential for Colorado to become a common standard state. Dr. Burton then discussed funding for wildland-urban interface wildfire mitigation efforts, and potential local government liability associated with the lack of wildfire mitigation efforts by local governments in Utah.

01:55 PM

Dr. Burton responded to questions regarding the success of so-called hybrid common standard and local option states in avoiding wildfire-related catastrophes. Dr. Burton recounted his experiences in living in the wildland-urban interface.

01:59 PM -- Governor's Wildfire Task Force Update

Ms. Barbara Kelley, Chair, Governor's Task Force on Wildfire Insurance and Forest Health, provided an update on the task force's activities. Ms. Kelley provided background on the creation of the task force and its membership, and discussed the issues being addressed by the task force. Ms. Kelley explained how the task force is meeting its charge as it considers these issues, and discussed the recommendations that the task force is currently drafting for forwarding to the Governor. Ms. Kelley noted the task force's website.

02:09 PM

Ms. Kelley responded to questions regarding the effectiveness of the local government approach to wildfire mitigation as compared to statewide regulation of wildland-urban interface wildfire mitigation, and the task force's position on these approaches. Ms. Kelley responded to further questions regarding task force discussions about insurance companies assisting with wildfire mitigation efforts. Ms. Kelley responded to questions regarding the proper body for setting wildfire mitigation standards recommended by the Governor's task force. Discussion ensued regarding the potential coordination of the task force's recommendations with the committee's scheduled date for requesting the drafting of wildfire-related legislation. Ms. Kelley further discussed the issues being considered by the task force, including zoning codes for structures constructed in the wildland-urban interface.

02:20 PM

Ms. Kelley responded to questions regarding the task force's consideration of assignment of costs associated with wildfires and wildfire mitigation efforts. Discussion ensued regarding state law that grants a tax deduction to property owners who perform wildfire mitigation on their property. Discussion followed regarding the potential for tying the risk of developing the wildland-urban interface together with insurance premiums. Discussion turned to the potential impact of community wildfire response capabilities, or lack thereof, on homeowner insurance premiums.

02:30 PM

Ms. Kelley responded to questions regarding the task force's efforts in the area of reinsurance associated with wildfire risk.

02:31 PM

The committee recessed.



02:47 PM -- Update on Forest Health

The committee returned to order. Mr. Mike Lester, Colorado State Forester, introduced himself to the committee as the new state forester and provided an update on forest health. Mr. Lester provided his background to the committee, and provided an overview of the Colorado State Forest Service and its funding. Mr. Lester outlined certain forest health issues, including the onset of a pine beetle epidemic and its impact on forests in Colorado. Mr. Lester also discussed the impact of other invasive species and insect pests on Colorado's forest health, as well as other forest health threats such as forest blow-downs. Mr. Lester discussed the increasing scope of wildfires in Colorado in recent years, and the outlook for pine beetle infestation and forest health in coming years.

03:00 PM

Mr. Lester discussed efforts on the part of the Colorado State Forest Service to increase forest health, and the active management of Colorado's forests, detailing some of the tools for forest management. Mr. Lester discussed some auxiliary issues associated with active management, including water quality and wildland-urban development. Mr. Lester responded to questions regarding charges assessed by the state to companies harvesting beetle-kill timber. Discussion ensued regarding the viability of the timber extraction industry in Colorado.

03:15 PM

Mr. Lester responded to questions regarding how pine beetles affect the host trees, and tools for preventing beetle kill. Mr. Lester responded to further questions regarding the relationship between the Colorado State Forest Service and the federal government.

03:20 PM -- Discussion about Content of Future Meetings

Senator Nicholson opened a discussion about the issues to be discussed at future committee meetings. Representative Levy highlighted two issues that she feels the committee must consider.

03:23 PM

The committee adjourned.