Wildfire Matters Review Committee (09/06/2013)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	09/06/2013	ATTENDANCE

Time:	09:01 AM to 04:15 PM	Buck	*
		Exum	X
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:
Review of Recent Wildfire Legislation Fiscal Impact of Senate Bill 13-245 DFPC Fire Aviation Plan Perspectives on Operating CALFIRE Aviation Program Future of Wildfire Aviation in Colorado Wildfire Aviation: A Federal Perspective Wildfires and Water Issues Municipal Perspective of Wildfires and Watersheds Local Government Efforts to Mitigate Wildfires Discussion about Future Meetings		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

09:02 AM -- Review of Recent Wildfire Legislation

The committee was called to order. A quorum was present. Mr. Alex Schatz, Legislative Council Staff, reviewed the implementation of recently enact wildfire-related legislation. This was a follow-up presentation to a presentation Mr. Schatz made at the committee's August 15 meeting, which provided an overview of wildfire-related legislation passed by the General Assembly since 2006. Committee members received a listing of this legislation (Attachment A), and a packet of information on the results of implementation of this legislation (Attachment B), both prepared by Legislative Council Staff. Mr. Schatz walked the committee through Attachment B.

130906 AttachA.pdf

130906 AttachB.pdf

09:12 AM

Mr. Schatz continued to review the implementation of wildfire-related legislation enacted since 2006.

09:29 AM -- Fiscal Impact of Senate Bill 13-245

Mr. Schatz reviewed the fiscal impact 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. Committee members received copies of the fiscal note (Attachment C). Mr. Schatz reviewed the fiscal note. Mr. Schatz responded to questions regarding the potential funding sources for creating a firefighting air fleet at the state level, and the potential for partnering with other states to create a multi-state air fleet.

130906 AttachC.pdf

09:39 AM

Mr. Schatz continued to review the fiscal impact of the implementation of Senate Bill 13-245, including the potential for leasing an air fleet for combatting wildfires, and potential sources of revenue for operating an air fleet. Mr. Schatz responded to questions regarding feasibility studies conducted concerning operating a wildfire air fleet. Discussion ensued regarding the effectiveness of wildfire mitigation programs in containing wildfire-related costs.

09:49 AM -- DFPC Fire Aviation Plan

Mr. Paul Cooke, Director of the Division of Fire Prevention and Control within the Department of Public Safety, made a presentation on the division's fire aviation plan. Committee members received a packet of information on the division's Single Engine Air Tanker (SEAT) program (Attachment D). Mr. Cooke discussed the attempted use of the aviation program in combatting the Four Mile Canyon Wildfire in Boulder County, and the efficacy of using air fleets to control wildfires generally. Mr. Cooke responded to questions previously discussed concerning the amount of federal land in Colorado and fuel mitigation efforts in forested areas. Mr. Cooke provided an overview of funding for Colorado's wildfire aviation program, the fleet currently used by the state to combat wildfires, and costs associated with operating a wildfire aviation program. Mr. Cooke discussed various options for the state to use aviation resources to combat and mitigate wildfires.

130906 AttachD.pdf

10:00 AM

Mr. Cooke continued to discuss options available to Colorado for using aviation tools for combatting wildfires, including efforts underway to identify the state's needs in the area of wildfire aviation resources and the potential for partnering with other states to marshal aviation resources. Mr. Cooke noted that a working group has been formed to discuss issues associated with the wildfire aviation program, and discussed progress on his department's efforts to meet the reporting requirement under Senate Bill 13-245. Mr. Cooke responded to questions regarding weighing the costs and benefits of using aircraft to mitigate or combat wildfires as compared to using resources in other ways for combatting or mitigating wildfires. Mr. Cooke responded to further questions regarding efforts to remediate forested lands under federal control in order to reduce the impact of wildfires. Discussion ensued regarding the issue of remediating federal forested lands.

10:11 AM

Mr. Cooke responded to questions regarding communication between different agencies and levels of government as they address wildfires, and the efficacy of various aircraft in combatting wildfires.

10:24 AM

Mr. Cooke responded to questions regarding barriers to information exchange between the state and federal governments in the area of wildfire detection and control. Mr. Cooke responded to further questions regarding reimbursement to the state by the federal government for using state aviation resources to address wildfires on federal land, and the impact of wind on the use of aviation resources to address wildfires.

10:29 AM -- Perspectives on Operating CALFIRE Aviation Program

Mr. Jeffrey Cavarra, Program Manager, DynCorp International, LLC, CAL FIRE aviation program, and Mr. Jason Rossbach, Government Relations, DynCorp International, briefed the committee on the operation of the CAL FIRE aviation program. Mr. Rossbach first outlined the relationship between DynCorp as the CAL FIRE contractor and the state of California. Mr. Cavarra provided an overview of DynCorp, and explained how his company became the contract operator of the CAL FIRE air fleet. He discussed the benefits of the government owning a wildfire aviation fleet while contracting its operation to private enterprise (referred to as "GOCO" or government owned contractor operated), providing an overview of the California contracting model. Mr. Cavarra also outlined California's statutory responsibilities for responding to wildfires, and explained how CAL FIRE uses aircraft to help satisfy these responsibilities.

10:40 AM

Mr. Cavarra continued to brief the committee on CAL FIRE's use of aircraft in addressing wildfires, providing an overview of the state's air fleet. Mr. Cavarra discussed the future of using aircraft to combat wildfires, including resources available to states for wildfire aviation. Mr. Cavarra responded to questions regarding the use of aircraft to combat wildfires during certain inclement situations including during wind events and nighttime hours. Mr. Cavarra responded to further questions regarding CAL FIRE's use of helicopters for wildfire mitigation purposes, and the method by which CAL FIRE obtained its helicopters.

10:51 AM

Mr. Cavarra responded to questions regarding the level of resources used by CAL FIRE to address a wildfire, and the level of wildfire aviation that Colorado might be able to deploy in response to a wildfire. Mr. Cooke returned to address Colorado's potential wildfire aviation capabilities as compared to CAL FIRE's capabilities. Mr. Cavarra responded to questions regarding CAL FIRE's success rate in meeting its wildfire containment responsibilities, and the role of aircraft in meeting these responsibilities. Mr. Cooke responded to questions regarding the model employed by Colorado in responding to wildfires in terms of government jurisdiction, and associated asset deployment.

11:04 AM

Discussion ensued regarding the differences between California and Colorado in terms of their jurisdictional wildfire response models. Mr. Cavarra responded to questions regarding the number of S-3B air tankers that Colorado would need to purchase to be able to respond to all wildfires within 20 minutes. Discussion followed regarding the reimbursement policy observed in California between the state and federal governments when one jurisdiction responds to a fire on land managed by another. Mr. Cavarra responded to questions regarding the potential for California to receive increased or decreased resource attention from the federal government since it maintains its own wildfire air fleet. Discussion returned to intergovernmental reimbursement for wildfire response.

11:16 AM

Discussion ensued regarding the potential for costs associated with Senate Bill 13-245 to be adequately scaled down from California to Colorado and still meet California's wildfire response goals. Mr. Cooke responded to questions regarding the adequacy of Colorado's airport infrastructure for meeting wildfire response needs through the air. Discussion followed regarding the types of resources needed to respond to wildfires of certain sizes. Mr. Cavarra responded to questions regarding the impact of smoke on wildfire aviation response.

11:25 AM

The committee recessed.

11:33 AM -- Future of Wildfire Aviation in Colorado

The committee returned to order. Dr. Tony Kern, Convergent Performance, LLC and former National Aviation Director for the U.S. Forest Service, discussed the future of wildfire aviation programming in Colorado. Dr. Kern discussed the likelihood that the federal government will commit adequate aviation resources to wildfires in the near future, and the reasons why deployment of federal air resources has been slowed. Dr. Kern discussed the aviation technology used to combat wildfires, and the benefits of improving and updating this technology.

11:48 AM

Dr. Kern discussed various economic models and funding sources for building a wildfire aviation fleet, and certain potential economic and other auxiliary benefits that may be realized if Colorado pursues such a fleet. Dr. Kern responded to questions regarding the potential for the private sector to be the driving force behind improving and updating wildfire aviation technology, as opposed to the public sector. Discussion ensued regarding the challenges associated with updating wildfire aviation technology globally. Dr. Kern responded to questions regarding the potential for Colorado to create its own fleet and a center charged with driving advancements in wildfire aviation technology on a cost-neutral basis.

12:02 PM

Dr. Kern responded to questions regarding potential future federal commitments to wildfire aviation resources.

12:05 PM -- Wildfire Aviation Programming: A Federal Perspective

Mr. Stephen Gaty, Assistant Director, Natural Resources and Environment, U.S. Government Accountability Office (GAO), briefed the committee on a recently released GAO report entitled "Wildland Fire Management: Improvements Needed in Information, Collaboration, and Planning to Enhance Federal Fire Aviation Program Success" (the report may be accessed at: http://www.gao.gov/products/gao-13-684). Mr. Gaty provided an overview of the findings in the report.

12:15 PM

Mr. Gaty continued to brief the committee on the findings in the GAO report, discussing the future outlook for growing the size of the federal wildfire aviation fleet, and the potential ramifications of various decisions in this area.

12:18 PM

The committee recessed.

01:18 PM -- Wildfires and Water Issues

The committee came back to order.

01:19 PM -- Mr. Richard Parachini, Water Quality Control Division, Department of Public Health and Environment, introduced himself and stated that his presentation would cover the following topics: how wildfire can affect water quality, the importance of protecting watersheds from the effects of wildfire, the 2013 wildfire season, and wildfire seasons over the past 10 years. Mr. Parachini described the importance of striking a balance between meeting numerous water needs including those related to the water supply, recreational use of water, aquatic life and health, agricultural use of water, and wetland protection. Mr. Parachini talked about some of the effects that wildfire can have on water supplies and the challenges of protecting watersheds from these effects. He also discussed some of the effects that wildfire can have on recreational uses of water and how it may impact the health of aquatic life, including chemicals that can enter the water system from fire retardants. Mr. Parachini discussed various programs operated by the division to evaluate potential risks to watersheds before wildfires occur. He talked about the 2013 wildfire season and the low impacts that this season's fires have had on aquatic life, agricultural uses, and large community water systems. Mr. Parachini discussed the division's role in post-wildfire restoration activities and funding sources and costs associated with these activities. He answered questions from the committee regarding water quality and the potential for long-term impacts on agriculture in the San Luis Valley due to the West Fork Complex fires. He also answered questions regarding the costs associated with remediation of Cheesman Reservoir to correct the effects of a recent wildfire.

01:39 PM -- Mr. Chris Sturm, Stream Restoration Coordinator, Colorado Water Conservation Board (CWCB), discussed his role within the CWCB and briefly introduced the Watershed Restoration Program and Colorado Healthy Rivers Fund. He talked about activities that the CWCB engages in before wildfires strike to help support healthy forests and watersheds including prioritizing watershed-based risks to water supplies. Mr. Sturm discussed watershed restoration activities that the CWCB engages in after wildfires are suppressed such as ephemeral drainage headcuts, which helps mitigate sediment drainage into watersheds. He also talked about other post-wildfire impacts to watersheds including road damage, risk to infrastructure, and sediment deposits into watersheds. Mr. Sturm discussed the importance of watershed assessments of river stability and described various stabilization project options to protect watersheds from the after-effects of wildfires. Mr. Sturm answered questions from the committee regarding the permissions needed to drop mulch on forest land after a wildfire and the impacts to agriculture as a result of nutrient loss in soils because of sediment drainage. He also answered questions regarding reservoir dredging and the percentage of Colorado's watersheds that are considered at risk because of catastrophic wildfires. Mr. Sturm responded to questions regarding liability for the state of Colorado if the Colorado River Compact were to be violated in connection with wildfires.

02:00 PM -- Mr. Kevin Stewart, P.E., Flood Warning Program Manager, Urban Drainage and Flood Control District, described his role within the district and the history of the district. Mr. Stewart discussed the history of some of Colorado's wildfires and flash floods. He talked about the lessons that the district learned from various fires regarding how to prepare and engage communities that are at risk of flash floods, including Boulder County residents near the Four Mile fire. Mr. Stewart discussed some of the tools available to the district and local governments to mitigate the risks of flash floods and the importance of evaluating the terrain below wildfire locations to assess the risk potential for flash floods. He talked about recent storms that have occurred in burn areas and the ability of these storms to claim human lives. He stressed the importance of educating people so that they understand the risk of living in or recreating near hazardous burn areas. He answered questions regarding the reverse 9-1-1 warning system and public notification systems that are in place to warn people of the potential for flash floods and other dangerous weather events. He continued to answer questions from the committee regarding long-term runoff mitigation measures including the use of strategic catchment basins and other capture methods.

02:26 PM

The committee recessed.

02:36 PM -- Municipal Perspective of Wildfires and Watersheds

The committee returned to order. Mr. Don Kennedy, Environmental Scientist for Denver Water, and Mr. Mike McHugh, Permit Coordinator for Aurora Water, presented the municipal perspective on watersheds and water quality as impacted by wildfires. Mr. Kennedy made a Powerpoint presentation entitled "Forests to Faucets," outlining the impacts of recent forest fires on the Upper South Platte watershed, and explaining how watershed damage caused by wildfires may be reduced. Mr. Kennedy discussed the benefits of intergovernmental partnerships with the aim of treating wildland acreage to prevent wildfire watershed damage. Mr. Kennedy discussed the potential benefits of the recent passage of Senate Bill 13-269, concerning the creation of a grant program to assist with efforts to reduce the risk of catastrophic wildfires to forested lands in Colorado.

02:50 PM

Mr. Kennedy continued to discuss partnerships currently operating to reduce the damage that may be caused to watersheds by wildfires. Mr. Kennedy provided conclusory remarks about how to address wildfire damage to watersheds. Mr. Kennedy responded to questions regarding wildfire mitigation efforts undertaken by Denver Water in the Dillon Reservoir and Upper Blue River Basin. Discussion ensued regarding the use of Denver Water's reservoirs, whose primary function is to store water for municipal use, to assist with flood control. Mr. Kennedy responded to questions regarding the potential for using soil dredged from streams during watershed reclamation projects for agricultural and other purposes.

03:05 PM

Mr. Kennedy responded to questions regarding progress made in the area of performing wildfire mitigation to protect smaller creeks that feed into the larger water bodies. Mr. McHugh made a Powerpoint presentation to the committee entitled "Linking Municipalities to their Headwaters," first providing an overview of Aurora Water. Mr. McHugh discussed the water catchment basins upon which various municipal water companies rely for their supplies, and the dangers that these watersheds face as a result of wildfires. Mr McHugh discussed collaborative efforts seeking to assess the dangers to, and effects of, wildfires on watersheds.

03:17 PM

Mr. McHugh cited specific areas where dangers to watersheds managed by Aurora Water are posed, and discussed the economic benefits of managing forests to prevent wildfire damage potential. Mr. McHugh discussed potential future efforts in the area of watershed protection from potential damage caused by wildfires. Mr. McHugh responded to questions regarding how to raise public awareness about the need to maintain healthy watersheds, and how to economically address watershed protection from the damages of wildfires.

03:25 PM -- Local Government Efforts to Mitigate Wildfires

Mr. Andy Karsian, Colorado Counties, Inc., and Ms. Meghan Storrie, Colorado Municipal League, opened a presentation about local government efforts to mitigate wildfire risk and effects. Mr. Brett Waters, Emergency Management Director for the city of Colorado Springs, discussed efforts undertaken at the local level to reduce potential wildfire risk, and the benefits of engaging in wildfire mitigation efforts. Mr. Waters cited some of the legal requirements in Colorado Springs that property owners must observe in the wildland-urban interface (WUI), and discussed additional wildfire mitigation programs in place for residents of the WUI. Mr. Waters responded to questions regarding slash pile reduction efforts in Colorado Springs WUI neighborhoods, and outreach efforts to educate residents about the need for wildfire mitigation.

03:37 PM

Mr. Waters responded to questions regarding the evacuation plan in place in the Colorado Springs WUI, and challenges faced in evacuating neighborhoods during fires and other emergencies. Mr. Waters responded to further questions regarding wildfire danger risk assessments that have been undertaken in his jurisdiction. Discussion ensued regarding the wildfire mitigation efforts undertaken in Colorado Springs, and the overwhelming nature of the Waldo Canyon Fire. Discussion returned to community outreach undertaken in Colorado Springs to engage property owners in the WUI in wildfire mitigation efforts. Discussion followed regarding the impact of disparate municipal requirements in the area of wildfire mitigation.

03:46 PM

Ms. Becky Baker, Building Inspector for unincorporated Jefferson County, also representing the International Code Council, discussed the wildfire mitigation code requirements in her jurisdiction. Ms. Baker explained the wildfire mitigation code requirements in place in Jefferson County. Ms. Baker responded to questions regarding how defensible space requirements are policed in Jefferson County over time. Mr. Karsian provided a broader, statewide perspective on county building code requirements pertaining to wildfire mitigation in the WUI, and wildfire mitigation in general. Ms. Storrie provided input on this broader perspective at the municipal level. Discussion ensued regarding perspectives on how the General Assembly can address local wildfire mitigation efforts through legislation.

03:58 PM

Discussion ensued regarding the potential for requiring local governments in Colorado to adopt the International Wildland-urban Interface Building Code, as well as other methods of addressing wildfire mitigation at the local level. Discussion followed regarding the need for residents of the WUI to take responsibility for wildfire mitigation efforts.

04:12 PM -- Discussion about Future Meetings

Senator Nicholson opened a discussion about future committee meeting activities. Discussion ensued regarding the potential for the Governor's Task Force on Wildfire Insurance and Forest Health to brief the committee on its final report. Mr. Bo Pogue, Legislative Council Staff, provided input on agenda items to be covered in upcoming meetings.

04:15 PM

The committee adjourned.