Wildfire Matters Review Committee (10/30/2013)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	10/30/2013	ATTENDANCE

Time:	11:49 AM to 04:33 PM	Buck	X
		Exum	X
Place:	SCR 356	Jones	*
		King	X
This Meeting was called to order by		Levy	X
	Senator Nicholson	Nordberg	X
		Roberts	*
This Report was prepared by		Tochtrop	X
	Bo Pogue	Hamner	X
		Nicholson	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Public Testimony Fire District Consolidation Overview of the International Wildland-urban Code Consideration of Legislation		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Legislation Approved

11:51 AM -- Public Testimony

The committee was called to order. A quorum was present. Senator Nicholson, Chair, provided some opening remarks. The following persons testified regarding the committee, its proposed legislation, and its work:

11:52 AM -- Ms. Nancy Partridge, representing the Rocky Mountain Masonry Institute, testified regarding her experiences with wildfires, in particular the Cerra Grande Wildfire in New Mexico. She discussed the impact of this fire, and changes made to law as a result of the fire. She discussed the benefits of certain wildfire mitigation efforts, and urged the committee and the legislature to take action to require the implementation of the International Wildland Urban-Interface Code. She discussed the benefits of requiring this implementation, and efforts to implement the code in other jurisdictions. Ms. Partridge discussed some technical specifications contained in the International Wildland Urban-Interface Code, and the benefits of building with masonry in high-wildfire-danger areas.

12:02 PM -- Mr. Eddie Kochman, representing himself, testified regarding the legislation to be considered by the committee. Mr. Kochman voiced support for certain of these measures, providing some examples as a Park County property owner as to why he supports the measures. Mr. Kochman discussed certain water quality issues, which were addressed during the committee's joint meeting with the Water Resources Review Committee, and the role of the federal government in creating healthy forests. He proposed that a resolution be forwarded by the General Assembly to the federal government urging it to address forest health issues. Mr. Kochman discussed the importance of Park County to resource management in Colorado, and the role of the public in addressing wildfire issues.

12:10 PM -- Mr. Tom Eisenman, representing the Park County Board of County Commissioners, provided his position on the bills to be considered by the committee. Discussion ensued regarding the potential ramifications of forwarding Bill 2, "Removal of Trees by Local Government to Reduce Fire Risk," to the General Assembly, and potential amendments to the bill to improve it. Discussion followed regarding the proper authorities for implementing Bill 2.

12:21 PM

Discussion continued regarding which authorities would properly enforce the provisions of Bill 2.

12:23 PM -- Mr. Doug Anderson, representing himself, discussed the public's knowledge of the committee's activities, and the parties that bear the cost of implementing wildfire mitigation activities. Mr. Anderson provided his position on certain bills to be considered by the committee. Mr. Anderson noted that a large percentage of Park County is federal forested land, and expressed concerns about the management of these lands. Discussion ensued regarding the potential for additional state funding to be committed to wildfire mitigation activities.

12:32 PM

The committee recessed.

01:33 PM

The committee returned to order, with testimony continuing. The following persons testified:

01:34 PM -- Mr. Andy Karsian, representing Colorado Counties, Inc., provided the position of his organization on certain measures to be considered by the committee, raising concerns about some of these measures.

01:44 PM

Mr. Karsian continued to express the position of Colorado Counties, Inc., on the draft legislation. Discussion ensued regarding certain language to be amended in Bill 3, "Prohibit Agricultural Burning Fire Danger and Restrict Fireworks," to conform with county ordinance on burn bans, and the position of the counties on this bill. Mr. Karsian responded to questions regarding the necessity of including a provision Bill 8, Immunity Public Agencies Insurance Wildfire Mitigation," allowing insurers to dispatch private fire resources during wildfire response. Mr. Karsian responded to further questions regarding the opinion of the counties on Bill 1, and an exemption provision within this bill. Mr. Karsian responded to additional questions regarding the flexibility for county governments provided by Bill 1, "Wildfire Mitigation Codes New Construction." Discussion ensued regarding the enforcement of the tree-removal provisions of Bill 2, and the potential fiscal impact of this bill.

01:59 PM -- Ms. Jeani Frickey Saito, representing the Colorado Association of Home Builders, provided her organization's position on Bill 1. Committee members received a compilation of housing statistics for certain wildland-urban interface counties (Attachment A). Ms. Saito provided an overview of this data, and discussed the need to educate the public about wildfire mitigation.

131030 AttachA.pdf

02:02 PM -- Mr. Cliff Pugh, representing Lost Park Ranch Homeowners Association, provided his position on the bills to be considered by the committee, with concentration on Bill 2. He discussed the impact of federal land stewardship on the defensibility of his neighborhood, and explained how wildfire mitigation is most effectively performed. He also discussed the need for additional mitigation incentives. Mr. Pugh responded to questions regarding any contact his association has had with the federal government about the health of forests on neighboring federal land.

02:07 PM -- Ms. Beth Semptimphelter, representing herself, provide her position on Bill 10, "Create Colorado Wildfire Information and Resource Center," and discussed potential sources of funding for the resource center created under this bill. She also made some suggestions for the operations of this center, including the information made available to the public by this center.

02:11 PM -- Mr. Jim Hoffmeyer, representing himself, provided his position on certain bills to be considered by the committee.

02:13 PM -- Mr. Kevin Bommer, representing the Colorado Municipal League, followed up on testimony made by Mr. Karsian, and provided his organization's position on Bill 6, "Local Firefighter Safety Grant Program." Mr. Bommer discussed the funding source for the grant program created by the bill. He suggested some amendments for Bill 6. Mr. Bommer responded to questions regarding the bill's continuous appropriation clause.

02:23 PM -- Fire District Consolidation

Mr. Evan Goulding, representing the Special District Association, briefed the committee on the procedures for consolidating fire districts. Mr. Goulding provided an overview of the consolidation process. Mr. Goulding provided his insights on fire district consolidation based on personal experience, with examples of issues encountered during specific consolidations.

02:33 PM

Mr. Goulding continued to discuss issues encountered when certain fire district consolidations have taken place, including logistical difficulties such as disparate taxing rates and collective bargaining arrangements.

02:38 PM -- Overview of the International Wildland-urban Code

Mr. Paul Cooke, Director, Division of Fire Prevention and Control within the Department of Public Safety, provided an overview of the International Wildland-Urban Interface Code ("international code"). Committee members received copies of Mr. Cooke's prepared overview (Attachment B). Mr. Cooke briefed the committee on his document, explaining the requirements of the international code. Mr. Cooke responded to questions regarding the water supply requirements of the international code, and potential exemptions from these requirements.

131030 AttachB.pdf

02:50 PM

Mr. Cooke responded to questions regarding the adoption of the international code by counties in Colorado, and the need for statewide legislation to require adoption of this code. Mr. Cooke responded to further questions regarding concerns expressed during testimony about Bill 1, including the lack of a definition of "wildland-urban interface," and potential conflicts between the international code and codes already adopted by local governments if adoption of a standard equivalent to the international code is required statewide. Discussion ensued regarding the potential for property improvement activities, such as structural remodels, to trigger compliance with the international code under Bill 1.

03:00 PM

Discussion ensued regarding the effect of Bill 1 on home resales. Mr. Cooke responded to questions regarding the position of the Governor on Bill 1, and the ability of the Division of Fire Prevention and Control to administer Bill 1.

03:05 PM

The committee recessed.

03:24 PM -- Consideration of Legislation

The committee returned to order. Senator Nicholson provided some remarks about the process by which legislation would be acted upon for forwarding to the Legislative Council. Representative Levy provided an overview of Bill 1, discussed the importance of the issue, and explained why she would not be going forward with the bill. She then withdrew Bill 1. Senator Nicholson referenced a letter forwarded to the commission by a member of the public (Attachment C). Representative Hamner commented on Bill 3.


BILL:	Consideration of Legislation
TIME:	03:31:48 PM
MOVED:	Hamner
MOTION:	Include Bill 3, concerning the authority of county governments to limit certain forms of fire, and, in connection therewith, permitting county governments to prohibit agricultural burning during periods of high fire danger and to prohibit fireworks activity during the summer season, as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 9-1.
SECONDED:
		VOTE
	Buck	No
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

Final YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

Representative Levy provided an overview of Bill 2, and discussed a conceptual amendment to the bill.


BILL:	Consideration of Legislation
TIME:	03:35:08 PM
MOVED:	Levy
MOTION:	Conceptually amend Bill 2, page 3, lines 4 and 5, strike the phrase "made by a fire chief, forester, or other person qualified to make such determinations,". The motion passed on a vote of 10-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes
YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	Consideration of Legislation
TIME:	03:35:40 PM
MOVED:	Levy
MOTION:	Include Bill 2, concerning authorization for certain local governmental entities to cause the removal of trees that pose fire hazards, as amended, as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 7-3.
SECONDED:
		VOTE
	Buck	No
	Exum	Yes
	Jones	Yes
	King	No
	Levy	Yes
	Nordberg	No
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes
Final YES: 7 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:36 PM

Representative Hamner provided an overview of Bill 4.


BILL:	Consideration of Legislation
TIME:	03:38:00 PM
MOVED:	Hamner
MOTION:	Include Bill 4, concerning authorizing the Colorado Water Resources and Power Development Authority to make loans to private entities for purposes of forest health products, as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 7-2.
SECONDED:
		VOTE
	Buck	No
	Exum	Yes
	Jones	Excused
	King	Yes
	Levy	Yes
	Nordberg	Yes
	Roberts	No
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

Final YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:38 PM

Senator Roberts explained the effect of Bill 5. Discussion ensued regarding the potential fiscal impact of the bill.


BILL:	Consideration of Legislation
TIME:	03:39:58 PM
MOVED:	Roberts
MOTION:	Include Bill 5, concerning changing the wildfire mitigation income tax deduction to the wildfire mitigation income tax credit, as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 6-3.
SECONDED:
		VOTE
	Buck	No
	Exum	Yes
	Jones	Excused
	King	Yes
	Levy	Yes
	Nordberg	No
	Roberts	Yes
	Tochtrop	No
	Hamner	Yes
	Nicholson	Yes

Final YES: 6 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:41 PM

Discussion ensued regarding the population impacted by Bill 7, and who would cover the benefits under the bill. Mr. Cooke returned to the table to provide clarification regarding the questions raised by the committee. Discussion followed regarding the potential for providing death benefits for Colorado seasonal firefighters responding to wildfires in other states. Representative Levy explained her position on Bill 7. Senator Roberts explained her position on the bill.


BILL:	Consideration of Legislation
TIME:	03:41:47 PM
MOVED:	Tochtrop
MOTION:	Moved to include Bill 7, concerning the payment of death benefits for seasonal wildland firefighters killed in the line of duty, as one of the bills forwarded to the Legislative Council by the Wildfire Matters Review Committee. The motion passed on a vote of 9-1.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	No
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

Final YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:49 PM

Senator Roberts provided an overview of Bill 8. Discussion ensued regarding the potential for striking a provision in the bill expressing permission for private fire services to respond to fires on a private property during a wildfire emergency. Mr. Cooke provided clarification regarding the intent of this provision. Mr. Cooke responded to questions regarding the ability of the Division of Insurance to promulgate rules to this effect, and the potential for the bill to create ancillary liability issues. Discussion followed regarding a potential amendment to address these issues. Mr. Cooke provided further clarification regarding this section of the bill.


BILL:	Consideration of Legislation
TIME:	03:59:01 PM
MOVED:	Roberts
MOTION:	Include Bill 8, concerning the immunity of public agencies against liability arising from the wildfire mitigation activities of insurance companies, as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 10-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:00 PM

Discussion ensued regarding the number of bills that may be forwarded to the Legislative Council, considering that six have already been approved. Ms. Kate Meyer, Office of Legislative Legal Services, provided input on how to accommodate the bills still to be considered by the committee. Mr. Cooke discussed the importance of moving forward with bill 9. Discussion ensued regarding the potential for combining bills 9 and 10. Discussion turned to technical issues associated with setting up a website under Bill 10.


BILL:	Consideration of Legislation
TIME:	04:00:29 PM
MOVED:	Hamner
MOTION:	Include Bill 9, concerning corrections to statutory provisions relating to the prescribed burning program administered by the Division of Fire Prevention and Control in the Department of Public Safety, as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion was withdrawn.
SECONDED:
		VOTE
	Buck
	Exum
	Jones
	King
	Levy
	Nordberg
	Roberts
	Tochtrop
	Hamner
	Nicholson

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

04:08 PM

Senator Roberts presented Bill 10. Discussion ensued regarding whether a legislation is required to set up the resource center created by Bill 10. Discussion followed regarding the information to be provided to the public by the resource center.


BILL:	Consideration of Legislation
TIME:	04:08:28 PM
MOVED:	Roberts
MOTION:	Include Bill 10, concerning the creation of the Wildfire Information and Resource Center in the Division of Fire Prevention and Control in the Department of Public Safety, as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 10-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:11 PM

Senator Jones presented Amendment #2 (Attachment D) to Bill 6.

131030 AttachD.pdf
BILL:	Consideration of Legislation
TIME:	04:12:23 PM
MOVED:	Jones
MOTION:	Approve Amendment #2 (Attachment D) to Bill 6. The motion passed without objection.
SECONDED:
		VOTE
	Buck
	Exum
	Jones
	King
	Levy
	Nordberg
	Roberts
	Tochtrop
	Hamner
	Nicholson
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Consideration of Legislation
TIME:	04:14:03 PM
MOVED:	Hamner
MOTION:	Conceptually amend Bill 6 to strike the continuous appropriation clause on page 3, lines 25 through 27. The motion failed on a vote of 2-8.
SECONDED:
		VOTE
	Buck	No
	Exum	No
	Jones	No
	King	No
	Levy	No
	Nordberg	Yes
	Roberts	No
	Tochtrop	No
	Hamner	Yes
	Nicholson	No
YES: 2 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Consideration of Legislation
TIME:	04:16:39 PM
MOVED:	Exum
MOTION:	Include Bill 6, concerning a grant program to increase local firefighter safety, as amended, as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 10-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:17 PM


BILL:	Consideration of Legislation
TIME:	04:17:44 PM
MOVED:	Jones
MOTION:	Include Bill 11, concerning the Granite Mountain Interagency Hotshot Firefighting Crew, as one of the measures forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 10-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:18 PM


BILL:	Consideration of Legislation
TIME:	04:18:29 PM
MOVED:	Roberts
MOTION:	Include Bill 12, concerning the Colorado National Guard, and, in connection therewith, honoring Guard members for their firefighting efforts, as one of the measures forwarded by the Wildfire Matters Review Committee to the Legislative Council. The motion passed on a vote of 10-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:20 PM

Discussion ensued regarding sponsorship and house of origin for each bill. Discussion ensued regarding the potential for referring an additional bill, Bill 9, to the Legislative Council, since two of the bills referred by the committee did not have sponsors at the time of the meeting. Mr. Bo Pogue, Legislative Council Staff, provided input on legislative rules and procedures governing the interim committee process.


BILL:	Consideration of Legislation
TIME:	04:29:47 PM
MOVED:	Hamner
MOTION:	Include Bill 9 as one of the bills forwarded by the Wildfire Matters Review Committee to the Legislative Council, contingent upon either Bill 2 or Bill 4 not receiving prime sponsorship by the time the Legislative Council takes action on the interim committee bills. The motion passed on a vote of 6-2.
SECONDED:
		VOTE
	Buck	No
	Exum	Yes
	Jones	Yes
	King	Yes
	Levy	Excused
	Nordberg	No
	Roberts	Excused
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes
Final YES: 6 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:33 PM

The committee adjourned.