Wildfire Matters Review Committee (10/01/2013)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	10/01/2013	ATTENDANCE

Time:	08:34 AM to 05:01 PM	Buck	*
		Exum	*
Place:	SCR 356	Jones	E
		King	X
This Meeting was called to order by		Levy	*
	Senator Nicholson	Nordberg	X
		Roberts	X
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:
Implementation of HB 13-1031 Update Colorado State Fire Chiefs Leg. Recommendations County Sheriffs of Colorado Wildfire Perspectives Emergency Notification and Communication Public Testimony Colorado Firefighting Air Fleet Options Prescribed Burns and Forest Health Wildland and Prescribed Fire Advisory Committee Task Force on Wildfire Insurance and Forest Health Real Estate Disclosures Committee 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/oir Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Established October 7 deadline for requests

08:35 AM -- Implementation of HB 13-1031 Update

The committee was called to order. A quorum was present. Mr. Kevin Klein, Director, Colorado Division of Homeland Security and Emergency Management within the Department of Public Safety, provided an update on the implementation of House Bill 13-1031, concerning statewide all hazards resource mobilization and, in connection therewith, clarifying the duties of the Department of Public Safety with respect to the statewide all hazards resource mobilization plan, specifying how mobilized entities receive reimbursement for expenses incurred by rendering assistance, and making an appropriation. Mr. Klein provided an overview of the conduct of operations under the plan. Mr. Klein next provided an overview of the state's digital trunked radio system, including how it is operated, and outlined some concerns that stakeholders have with the system. Mr. Klein responded to questions regarding the department's mission priorities with respect to operating the digital trunked radio system.

08:48 AM

Mr. Klein continued to discuss mission priorities with respect to the digital trunked radio system, expressing concerns with the safety of the first responders who rely on the system and discussing funding sources for maintaining the system. Discussion ensued regarding funding prioritization for the digital trunked radio system, and the importance of the system to emergency response. Mr. Klein responded to questions regarding the impact of certain counties pulling out of using the system. Mr. Klein responded to further questions regarding the timing of recommendations from the executive branch concerning the digital trunked radio system.

09:01 AM -- Colorado State Fire Chiefs Leg. Recommendations

Chief Mike Morgan, President, and Mr. Garry Briese, Executive Director, Colorado State Fire Chiefs, presented some legislative recommendations on fires and wildfire-related matters to the committee. Committee members received a memorandum from Chief Morgan outlining these legislative recommendations (Attachment A). Chief Morgan provided an overview of the fire service in Colorado, and briefed the committee on the recommendations outlined in Attachment A.

131001 AttachA.pdf

09:11 AM

Chief Morgan continued to discuss the legislative recommendations contained in Attachment A. Chief Morgan and Mr. Briese responded to questions regarding the fire chiefs' recommendations concerning inter-operable radio communications, including digital trunked radio. Chief Morgan responded to questions regarding the benefits of employing the Colorado National Guard to combat forest fires.

09:23 AM

Chief Morgan responded to questions regarding wildfire mitigation on lands managed by the federal government, and the ability of state government to assist local fire departments in assessing the potential impact of weather during a wildfire event. Discussion returned to federal efforts to perform wildfire mitigation on the lands under control of the federal government. Discussion followed regarding certain legislative recommendations put forth by Colorado State Fire Chiefs, as articulated in recommendations six and seven in Attachment A.

09:37 AM

Discussion continued regarding Colorado State Fire Chiefs' legislative recommendation seven, focusing on the responsibility of homeowners in the wildland-urban interface to perform wildfire mitigation on their properties, and the responsibilities of certain entities such as insurance companies in incentivizing such mitigation. Discussion returned to funding sources for operating and maintaining the state's digital trunked radio system.

09:42 AM -- County Sheriffs of Colorado Wildfire Perspectives

Sheriff Justin Smith, Larimer County Sheriff, and Mr. Justin Whitesell, Emergency Services Specialist for Larimer County, presented some perspectives on wildfire response and legislative recommendations on behalf of County Sheriffs of Colorado. Sheriff Smith discussed the duties of sheriffs during a wildfire event, and the circumstances that lead to expanded wildfire emergencies, highlighting certain wildfire events in Larimer County. Sheriff Smith reiterated comments made earlier about the importance of statewide interoperable radio communications to wildfire response. Sheriff Smith recommended that local governments receive increased sponsorship from the state for certain types of personnel during wildfire events, and increasing flexibility for deploying aircraft to combat fires during a lengthier fire season.

09:53 AM

Sheriff Smith recommended that state government sponsor additional wildfire-related training for county sheriffs' offices, and providing certain benefits for wildfire response personnel. Sheriff Smith discussed certain impacts resulting from moving the state's wildfire responsibilities to the Department of Public Safety. Sheriff Smith responded to questions regarding the causes of recent wildfires in Larimer County, and funding for the digital trunked radio system. Sheriff Smith responded to further questions regarding the beneficial usage of the Colorado National Guard during wildfire events.

10:04 AM

Mr. Whitesell recommended creating legislation that further outlines wildfire response duties among county law enforcement and fire departments, and addressed the issues of private forest fuel burning and fireworks. Discussion ensued regarding the ability of local governments to ban fireworks. Mr. Whitesell responded to questions regarding state law pertaining to restrictions on slash pile burning.

10:10 AM

The committee recessed.

10:32 AM -- Emergency Notification and Communication

Mr. Daryl Branson, Executive Director of the Colorado 9-1-1 Resource Center, and Ms. Diane Culverhouse, Dispatch Manager, Jefferson County Sheriff's Office, briefed the committee on notification and communications during emergencies. Mr. Branson first provided background on the operation and capabilities of 9-1-1 and emergency notification systems, and the various technologies associated with these systems.

10:45 AM

Mr. Branson responded to questions regarding television broadcast areas in certain parts of the state, the mapping of which results in certain counties not receiving notifications of emergencies in their area over the television. Mr. Branson responded to questions regarding the decentralized nature of 9-1-1 communication in Colorado and the potential for streamlining this system. Discussion ensued regarding the costs of running a 9-1-1 system in a rural area in comparison to urban areas. Discussion followed regarding legislation debated during the 2013 session pertaining to 9-1-1 service and voice over Internet protocol. Mr. Branson provided an example of a state, Washington, with a more centralized 9-1-1 system than Colorado.

10:55 AM

Ms. Culverhouse addressed some issues that Jefferson County has faced in dispatching services during emergencies, including jurisdictional issues among counties and certain technical issues that prevent emergency notification system calls to residents and, correspondingly, prevent dispatch of emergency services to certain addresses. Ms. Culverhouse responded to questions regarding the use of sirens as a warning system during emergencies. Ms. Culverhouse responded to further questions regarding the lessons learned by Jefferson County about the use of reverse 9-1-1 from the events of the Lower North Fork Wildfire, and the methods by which the county is educating the public about various warning levels. Discussion ensued regarding the impact of the loss of electric power on the effectiveness of the reverse 9-1-1 system.

11:04 AM

Mr. Kevin Neimond, Joint Budget Committee Staff, and Ms. Pam Monsees, Governor's Office of Information Technology, briefed the committee on the state's emergency communications system, specifically addressing the digital trunked radio system. Mr. Neimond provided an overview of the system and sources of funding for operating and maintaining the system. He also provided detail on the various stakeholders involved in using and maintaining the digital trunked radio system. Mr. Neimond discussed recent efforts to fund upgrades for the digital trunked radio system. Mr. Neimond and Ms. Monsees responded to questions regarding the lack of placement of digital trunked radio towers in certain areas when the system was initially established.

11:18 AM
Discussion ensued regarding prioritization of the digital trunked radio system for funding to improve its operability in light of its current state and the exiting of certain counties from the system. Mr. Neimond responded to questions regarding the role of the committee in improving the digital trunked radio system. Discussion returned to certain legislation pertaining to the system.

11:22 AM -- Colorado Firefighting Air Fleet Options

Mr. Dennis Hulbert, Hulbert Consulting, and Mr Wayne Coulson, CEO, Coulson Aviation, made a presentation about options for building an air fleet to combat wildland fires in Colorado. Mr. Hulbert explained his background, and discussed major issues in aviation program management, starting with pilot safety and moving on to the costs associated with establishing and maintaining an air fleet to address wildfires. Mr. Hulbert discussed the political implications of establishing an air fleet for fire response, and the impact of the media on the use of these assets.

11:34 AM

Mr. Coulson provided background on his company and its services, discussing the air fleet operated by his company and how it is used during disaster emergencies. Mr. Coulson also discussed the science behind using air tankers to combat wildfires, and the use of his company's resources during certain disaster emergencies, illustrating the capabilities of these resources.

11:44 AM

Mr. Coulson explained how certain aerial firefighting resources could be most effectively used in Colorado.

11:47 AM

The committee recessed.

01:04 PM -- Public Testimony

The committee returned to order. Mr. Doug Anderson, representing himself, distributed a statement to the committee (Attachment B). Mr. Anderson said that he and his wife are concerned about the conditions of the forest surrounding his home and described some of the mitigation techniques that he has completed around his home. Mr. Anderson talked about his concerns regarding his neighbors' lack of mitigation efforts to minimize the risk of fire and discussed his opinions of the possibility of imposing fees on residents in the "red zone." He said that any fees must be well defined and provide both incentives and penalties to those who mitigate versus those who do not. Mr. Anderson discussed some possibilities for fee structures and the role of his home insurance company.

131001 AttachB.pdf

01:11 PM -- John M. Kunst, Jr., representing himself, discussed his concerns regarding the cooperation between the Governor's Task Force on Wildfire Insurance and Forest Health and the insurance industry and his concerns that the task force did not have adequate representation from property owners. Mr. Kunst said additional premiums and assessment fees must be fair to property owners. Mr. Kunst answered questions from the committee regarding incentive programs versus assessment programs that may be put in place to aid in mitigation efforts.

01:18 PM

Mr. Anderson also responded to questions from the committee regarding incentive programs versus assessment programs that may be put in place to aid in mitigation efforts and the insurance premiums imposed on residents in the WUI. He continued to answer questions from the committee regarding any community incentives offered that made it easier to complete wildfire mitigation work. He also answered questions from the committee regarding if his neighborhood applied for grant money that was made available to help relieve some of the costs associated with mitigation efforts. Committee discussion ensued regarding Colorado's state tax deduction that is offered for residents who complete mitigation work.

01:25 PM -- Mr. Eddie Kochmann, representing himself, distributed three documents to the committee (Attachments C, D, and E). Mr. Kochmann discussed his residence in Park County and his confusion between the interim Wildfire Matters Review Committee and the Governor's Task Force on Wildfire Insurance and Forest Health and said that the task force has been ineffective in gathering public input. Mr. Kochmann talked about the task force's recently released report and summarized the documents that he shared with the committee. He discussed his experiences living in Park County, the burn pit in Park County, his concerns regarding the management of federal lands by the United States Forest Service (USFS), funding issues within the USFS, and absentee landowners. Mr. Kochmann talked about his opinions of mandatory disclosures during real estate transactions and asked the committee to read the document that he shared. Discussion ensued regarding federal legislation that addresses the issue of forest health in Colorado and answered questions from the committee regarding "red rock/green rock" practices by the fire service.

131001 AttachC.pdf

131001 AttachD.pdf

131001 AttachE.pdf

01:43 PM -- Ms. Sherri Bertrand, representing herself, said that she lost her home during the Black Forest Fire. Ms. Berchrand said that her home was "fully hardened" and that her property and her neighbors' property were fully mitigated and did not contain any beetle-kill trees. Ms. Bertrand said she thinks that considering an aircraft fleet is very important and discussed her experiences during and after the Black Forest Fire. She talked about "acceptable risk," "red rock/green rock" practices, the roles of insurance companies in Colorado, and costs associated with fighting the Waldo Canyon Fire and the Black Forest Fire. The committee expressed their sympathies to Ms. Bertrand regarding the loss of her home and thanked her for her and her neighbors' mitigation work. Ms. Bertrand answered questions from the committee regarding what her wishes might be regarding how to fight fires in Colorado.

02:02 AM -- Prescribed Burns and Forest Health

02:03 PM -- Mr. Tim Sullivan, Colorado Director, The Nature Conservancy (TNC), discussed his role in TNC and his background. Mr. Sullivan discussed the state of Colorado's forests and said that this problem must be viewed as a whole and that prescribed fire is a critical part of returning our forests to a state of health. He said that thinning forests is not enough and that our forests are too dense to be healthy. He said that TNC uses fire as a tool across the United States and that forests are no longer in their natural condition primarily due to fire suppression over many years. Mr. Sullivan discussed various options for restoring forest health and said that our forests are becoming increasingly unhealthy. He talked about the value of Colorado's forests and the values that are at risk as a result of the state of our forests' health. Mr. Sullivan offered several legislative recommendations including the importance of maintaining prescribed fire as a tool, which may include modifying air quality rules to allow more flexibility in permitting. He also suggested increasing firefighting capacity to possibly expand the role of volunteers. He stressed the importance of working across USFS lands and involving communities to help protect values at risk. Additionally, he talked about funding and said that the legislature should look at various funding sources that might support critical grant programs and consider finding new potential funding sources that might be directed toward restoring forest health. Mr. Sullivan answered questions from the committee regarding how Colorado's forests can be restored to a healthy state, and TNC's prescribed burn activities. Committee discussion ensued regarding tax deductions that have not been utilized. Mr. Sullivan answered questions from the committee regarding the legislature's separation of authority within the state forest service, fire suppression policies and procedures, thinning of forests, productive uses of forest by-products, economic demand for different types of timber, and the relationship between forests affected by beetle-kill and forests affected by fires.

02:41 PM -- Wildland and Prescribed Fire Advisory Committee

02:41 PM -- Paul Cooke, Director, Department of Public Safety, Division of Fire Prevention and Control, described the role, makeup, and activities of the Wildland and Prescribed Fire Advisory Committee. Staff distributed the Advisory Committee's recommendations to the interim wildfire committee (Attachment F). Mr. Cooke stressed the importance of the partnerships between the different organizations who are involved with the committee and discussed the issue of fire for resource benefit as well as the involvement of the committee in determining the fire aviation needs for Colorado. He recommended that the legislature consider offering a resolution that recognizes the service of the Prescott Arizona Hot Shots to the state of Colorado. Mr. Cooke answered questions from the committee regarding the differences between various fire committees and division guidelines for broadcast burning.

131001 AttachF.pdf

02:51 PM -- Commissioner Dan Gibbs, Vice Chair of the Wildland and Prescribed Fire Advisory Committee, described his professional background. Commissioner Gibbs discussed seven recommendations from the Advisory Committee that relate to funding issues and do not require substantive legislation, as outlined in Attachment F. He discussed four recommendations from the Advisory Committee that require substantive legislation and are outlined in Attachment F. Commissioner Gibbs offered explanations of why the Advisory Committee offered these 11 recommendations.

03:01 PM

Mr. Cooke answered questions from the committee regarding the possibility of using the Colorado National Guard as hand crews, and the potential for introducing a resolution recognizing the help that Colorado received from the National Guard during the summer of 2013.

03:04 PM

Commisioner Gibbs responded to questions from the committee regarding the amount and type of assistance received in Summit County with regard to mitigation requests. He also responded to questions from the committee regarding Advisory Committee recommendations related to grant funding and wildland fire training.

03:09 PM

Mr. Cooke also responded to questions from the committee regarding the Advisory Committee's legislative recommendation related to wildland fire training.

03:11 PM

Commissioner Gibbs responded to questions from the committee regarding the Advisory Committee's legislative recommendation related to immunity.

03:17 PM

Commissioner Gibbs responded to questions from the committee regarding the priority order of the Advisory Committee's legislative recommendations.

03:19 PM

The committee recessed.

03:36 PM -- Task Force on Wildfire Insurance and Forest Health

The committee returned to order. Ms. Barbara Kelley, Executive Director, Department of Regulatory Agencies and Chair of the Task Force on Wildfire Insurance and Forest Health (task force), presented the report to the Governor, Speaker of the House, and President of the Senate required by executive order. Committee members received copies of the report (the report may be accessed at: http://www.dora.state.co.us/taskforce/Documents/FINAL_REPORT_WITH_APPENDICES.pdf ). Ms. Kelley provided an overview of the work of the task force, and summarized the findings in the report. She also outlined the recommendations contained in the report. Ms. Kelley responded to questions about risk assessments and corresponding fees in other residential areas where natural hazards exist, such as hurricanes.

03:48 PM

Ms. Kelley responded to questions regarding how the fees recommended by the task force associated with building homes in the wildland-urban interface would be assessed statewide, and varying risk assessments associated with varying risk levels in the wildland-urban interface. Ms. Kelley responded to further questions regarding who should perform the risk assessment audits on properties situated in high-wildfire-risk areas, as recommended by the task force. Discussion ensued regarding the potential impact of not performing wildfire mitigation on high-risk properties, and the position taken by Colorado counties on the task force's recommendations. Discussion followed regarding a state deduction for costs associated with performing wildfire mitigation on privately owned land. Discussion turned to wildfire mitigation activities at the county level under the task force's recommendations. Ms. Kelley responded to questions regarding how risk fees assessed at the state level would be administered at the local level under the task force's recommendations.

04:05 PM

Ms. Kelley explained how the task force arrived at a recommendation to require disclosure of wildfire risk assessment ratings to potential buyers of properties in high-wildfire-risk areas. Ms. Kelley responded to additional questions about coordinating with the federal government on wildfire-related issues, and the lack of focus on wildfire response by the task force. Ms. Kelley responded to further questions regarding the task force's work in the area of forest health, particularly on federal lands, and the potential negative impacts of assessing the wildfire risk fees recommended by the task force.

04:18 PM

Discussion continued regarding the importance of wildfire mitigation on federally controlled lands. Ms. Kelley responded to questions regarding the work of the task force in the area of building codes within the wildland-urban interface. Ms. Kelley responded to questions regarding potential legislative recommendations from the task force. Discussion followed regarding future activities of the task force or its successor.

04:27 PM -- Real Estate Disclosures

Ms. Marsha Waters, Director for the Division of Real Estate within the Department of Regulatory Agencies, and Ms. Rachel Nance, Colorado Association of Realtors, provided an overview on real estate disclosures. Ms. Waters provided the position of the division on the potential for requiring disclosure of potential wildfire hazards associated with a property during a property transaction. Ms. Nance outlined concerns on the part of the real estate industry with creating such a disclosure requirement, and offered that a disclaimer covering these risks would be a better substitute for a disclosure requirement. Ms. Nance responded to questions regarding the potential for including on real estate transaction forms a space for disclosing what, if any, wildfire mitigation activities have been performed on a property. Ms. Waters provided input regarding what disclosures are currently contained in real estate transaction forms that may be pertinent to properties located in high wildfire hazard areas. Discussion ensued regarding the due diligence responsibilities of both parties in a real estate transactions.

04:42 PM -- Committee Legislation

Senator Nicholson opened a discussion about requests for drafting committee legislation. Discussion ensued regarding the potential for the committee to offer resolutions recognizing the efforts of certain parties in their efforts to combat wildland fires. Discussion followed regarding the potential for allowing committee members to submit their bill draft requests directly to the Office of Legislative Legal Services by e-mail or other means, rather than making the requests at the meeting. Mr. Bo Pogue, Legislative Council Staff, provided input regarding the committee's options.


BILL:	Committee Legislation
TIME:	04:42:57 PM
MOVED:	Roberts
MOTION:	Moved to allow members of the committee to make draft bill requests directly to the Office of Legislative Legal Services by e-mail by October 7. The motion passed on a vote of 7-0. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Excused
	Jones	Excused
	King	Excused
	Levy	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

Final YES: 7 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

04:46 PM

Representative Levy outlined a pair of proposals for legislation; one would require local governments in high-wildfire-hazard areas to adopt a recognized wildland-urban interface code. Representative Levy explained the benefits of creating such a requirement. Representative Levy's other proposal would allow local governments to perform wildfire mitigation on private properties in high-wildfire-hazard areas after notice to the property owners. Representative Hamner reiterated her interest in sponsor a pair of resolutions, and supported drafting a bill based on the recommendation from the Wildland and Prescribed Fire Advisory Committee about allowing counties to prohibit open burning. Mr. Bob Lackner, Office of Legislative Legal Services, discussed this proposal with Representative Hamner. Representative Hamner proposed another draft bill concerning forest health and private bonding authority. Discussion ensued regarding the potential for accessing a draft version of a forthcoming report on the digital trunked radio system. Representative Levy outlined potential legislation that would change an existing wildfire mitigation tax deduction to a tax credit. Discussion followed regarding this potential legislation.

04:58 PM

Representative Nicholson outlined potential legislation regarding creating a grant program to make protective equipment available to fire departments that helps to mitigate cancer risk. Discussion ensued regarding the potential for forwarding a resolution recognizing the lost firefighters in Arizona. Mr. Lackner clarified the intent of certain proposed legislation.

05:01 PM

The committee adjourned.