House Committee on Agriculture, Livestock, & Natural Resources (05/01/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	05/01/2013	ATTENDANCE

Time:	11:21 AM to 01:36 PM	Buck	X
		Coram	X
Place:	HCR 0107	Garcia	X
		Lebsock	*
This Meeting was called to order by		McLachlan	*
	Representative Fischer	McNulty	X
		Mitsch Bush	X
This Report was prepared by		Rankin	X
	Brooke Maddaford	Rosenthal	X
		Saine	X
		Sonnenberg	X
		Vigil	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB13-270 SB13-245 SB13-269 HB13-1322		Referred to Appropriations Amended, Referred to Appropriations Referred to Appropriations Postponed Indefinitely

11:22 AM -- Senate Bill 13-270

Representative Fischer, sponsor, presented Senate Bill 13-270. This bill reorganizes and modifies statutes creating the Wildfire Emergency Response Fund (WERF) and the Wildfire Preparedness Fund (WPF). The bill authorizes the Governor to order the transfer of funds from the Disaster Emergency Fund into the WERF if he or she determines an emergency is imminent. The Governor and Division of Fire Prevention and Control (DFPC) in the Department of Public Safety may increase expenditures from the WERF as part of plans for aerial tankers or wildfire hand crews presented by the DFPC in its annual Wildfire Preparedness Plan. The bill clarifies that the Governor may increase or decrease expenditures from the WERF if a wildfire situation is more or less severe than anticipated in the Wildfire Preparedness Plan. The DFPC is authorized to contract with other governmental agencies for the use of state firefighting resources. The WPF may be used to pay for such contractual services, as well as the preparation of the Wildfire Preparedness Plan; however, payments to the DFPC pursuant to such contracts are deposited in the Wildland Fire Cost Recovery Fund. The bill also authorizes transfers from the proceeds of insurance premium taxes to the WERF and WPF, including a specific transfer of $500,000 to the WERF in FY 2013-14; changes reporting dates for the Wildfire Preparedness Plan; and makes technical changes to update statutes concerning the authority of the DFPC.

The following persons testified on the bill:

11:25 AM -- Chief Paul Cook, Division of Fire Prevention and Control, spoke in support of the bill. Staff distributed a fact sheet about the bill from the division (Attachment A). Chief Cook talked about the division's budget and average funds spent in a drought year. He also discussed the flexibility that is needed during disaster emergencies and how the WERF addresses this need. Chief Cook also explained the WPF's funding sources and answered questions from the committee regarding how resources and funding are shared in rural areas of Colorado, county annual operating plans, and how the WERF and WPF differ from funds that are currently in existence.

130501 AttachA.pdf

11:35 AM -- Sheriff Chris Olson, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Olson discussed how funds that are immediately available are crucial to fighting fires in Colorado.

11:36 AM -- Chief Mike Morgan, Colorado State Fire Chiefs and Colorado River Fire Rescue, spoke in support of the bill. Chief Morgan described the fires that occurred during the summer of 1994, resource availability, and the need for early resource deployment. Chief Morgan also urged support for Senate Bill 13-245 and said that the Colorado Municipal League and Special District Association support Senate Bill 13-270 as well.

11:44 AM

Representative Fischer closed his remarks on the bill.


BILL:	SB13-270
TIME:	11:45:11 AM
MOVED:	Fischer
MOTION:	Refer Senate Bill 13-270 to the Committee on Appropriations. The motion passed on a vote of 12-0 with one excused.
SECONDED:	Mitsch Bush
		VOTE
	Buck	Yes
	Coram	Excused
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	Yes
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	Yes
	Saine	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:46 AM -- Senate Bill 13-245

Representative Gardner, sponsor, presented Senate Bill 13-245. This bill establishes the Colorado Firefighting Air Corps (CFAC) within the Department of Public Safety, Division of Fire Prevention and Control (DFPC). The CFAC is comprised of aircraft, personnel, facilities, and equipment necessary to conduct aerial firefighting. The bill directs the DFPC to purchase and retrofit firefighting aircraft or to contract for such aircraft and supporting services. If the CFAC acquires aircraft, the director of DFPC must establish reimbursement rates for CFAC assets made available to assist the aerial firefighting efforts of other jurisdictions. The Colorado Firefighting Air Corps Fund is created to receive grants, reimbursements, and funding from other sources, as well as state appropriations. The fund is continuously appropriated and may be used for CFAC operational expenditures. Committee discussion on the bill ensued.

The following persons testified on the bill:

11:55 AM -- Senator Mike King spoke in support of the bill and discussed the wildfires that his district has recently experienced. Staff distributed two documents about the bill from Senator King (Attachments B and C) to the committee. Senator King talked about the California Department of Forestry and Fire Protection's (CAL FIRE) aviation management unit, the impacts on water supply of catastrophic wildfires, the need to allow the CFAC to fight wildfires in surrounding states in order to protect the water supply, and language in the reengrossed version of the bill. Senator King answered questions from the committee regarding the proposed aircraft, the CAL FIRE program, if CFAC aircraft would be leased or owned by the state of Colorado, and the cost of the aircraft.

130501 AttachB.pdf

130501 AttachC.pdf

12:19 PM -- Paul Cooke, DFPC, did not state a position on the bill and answered questions from the committee regarding Colorado's fire aviation needs, the CAL FIRE model, CFACs ability to fly in other states besides Colorado, reimbursement if CFAC aircraft did cross the state border, the types of land that CFAC would fight fires on, aircraft contracts, how the fiscal impact might be reduced, and wildfire containment.

12:45 PM -- Chris Olson, County Sheriffs of Colorado, spoke in support of the bill.

12:46 PM -- Mike Morgan, Colorado State Fire Chiefs, spoke in support of the bill. Chief Morgan discussed the decreased numbers of federal air tankers, sequestration impacts, the importance of fire prevention, and different types of firefighting aircraft.

12:51 PM

Representative Gardner distributed Amendment L.003 to the committee (Attachment D).

130501 AttachD.pdf


BILL:	SB13-245
TIME:	12:51:26 PM
MOVED:	Fischer
MOTION:	Adopt amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:	Lebsock
		VOTE
	Buck
	Coram
	Garcia
	Lebsock
	McLachlan
	McNulty
	Mitsch Bush
	Rankin
	Rosenthal
	Saine
	Sonnenberg
	Vigil
	Fischer

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

12:54 PM


BILL:	SB13-245
TIME:	12:54:57 PM
MOVED:	Sonnenberg
MOTION:	Refer Senate Bill 13-245, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-1 with one excused.
SECONDED:	McLachlan
		VOTE
	Buck	Yes
	Coram	Excused
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	Yes
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	Yes
	Saine	No
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	Yes

Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

12:59 PM -- Senate Bill 13-269

Representative McLachlan, sponsor, presented Senate Bill 13-269. This bill creates the Wildfire Risk Reduction Grant Program (WRRGP), including a new cash fund established to provide funding for grants, the Wildfire Risk Reduction Fund (WRRF). The Department of Natural Resources (DNR) administers the WRRGP with a focus on reducing hazardous forest fuels in the wildland-urban interface. The DNR's duties include establishing application requirements, making periodic reports, and monitoring projects funded by WRRGP grants. Within the scope allowed by existing funding, the bill requires the Colorado State Forest Service to collaborate with the DNR and provide technical assistance to grant applicants. The bill creates the Wildfire Risk Reduction Grant Program Advisory Committee, consisting of 8 members appointed by the executive director of the DNR to represent various interests involved in, or concerned with, the mitigation of catastrophic wildfires, such as federal land management, local government, and the forest products industry. The advisory committee prepares a request for grant proposals, reviews applications, and awards grants. Grant applicants must provide matching funds and include a plan for utilizing any woody material generated by a project proposed for grant funding. In addition, the advisory committee must prioritize grant applications with a project in high-risk wildland-urban interface areas. The bill directs the state treasurer to transfer $10,300,000 from the General Fund to the Wildfire Risk Reduction Fund on July 1, 2013. Moneys in the fund are continuously appropriated for the purposes of the WRRGP, and up to 5 percent of moneys available in the WRRF may be used for monitoring and measurement of effectiveness of grants. The DNR makes annual reports to the General Assembly while the bill is in effect. The WRRGP is repealed July 1, 2018.

The following persons testified on the bill:

01:02 PM -- Lisa Dale, DNR, spoke in support of the bill and discussed the wildfire risk assessment from 2012. Ms. Dale discussed the accountability and monitoring program that will be associated with the grants.

01:06 PM -- Rick Schwergert, Colorado State University, spoke in support of the bill.

01:07 PM -- Ms. Dale returned to the witness table to respond to a question regarding the expected impacts and return of investment of the WRRGP and WRRF.

01:10 PM

Committee discussion ensued.

01:14 PM -- Ms. Dale answered questions regarding wildfire preparedness methods and the application process for the WRRGP.

01:16 PM -- Andy Karsian, Colorado Counties Inc., spoke in support of the bill.

01:19 PM -- Chief Chris Olson, County Sheriffs of Colorado, spoke in support of the bill.

01:20 PM

Representative Coram closed his remarks on the bill.


BILL:	SB13-269
TIME:	01:21:38 PM
MOVED:	Coram
MOTION:	Refer Senate Bill 13-269 to the Committee on Appropriations. The motion passed on a vote of 12-1.
SECONDED:	McNulty
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	Yes
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	Yes
	Saine	No
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	Yes

Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:22 PM -- House Bill 13-1322

Representative Young, sponsor, presented House Bill 13-1322. The bill authorizes the Oil and Gas Conservation Commission in the Department of Natural Resources (DNR) to promulgate rules to allocate recovered gas that would otherwise be lost as waste, as the term is defined in current law. The bill adds definitions of "lease gas" and "recovered gas." Representative Young asked for the bill to be postponed indefinitely with the hopes of spending more time researching this topic and sponsoring another bill related to this issue next session.

01:25 PM

Committee discussion on the bill ensued.

01:32 PM

Andy White, DNR, said that the DNR looks forward to working with Representative Young and stakeholders to craft a bill that will gain full support during next year's session. Representative Young said that he plans to work with DNR to craft such a bill for next session. Committee discussion on the bill ensued.


BILL:	HB13-1322
TIME:	01:34:18 PM
MOVED:	Fischer
MOTION:	Postpone House Bill 13-1322 indefinitely. The motion passed on a vote of 12-1.
SECONDED:	Coram
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	Yes
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	No
	Saine	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	Yes

Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:36 PM

The committee adjourned.