Date: 03/11/2013

Final
BILL SUMMARY for SB13-083

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Adopt amendment L.003. The motion passed without o
Refer Senate Bill 13-083, as amended, to the Commi		PASS
Pass Without Objection



03:41 PM -- Senate Bill 13-083

Representative Levy, sponsor, presented Senate Bill 13-083. This bill defines the role of the Division of Fire Prevention and Control (DFPC) in the Department of Public Safety (DPS), and specific duties related to the DFPC. The DFPC is charged with implementing a prescribed burning program, including setting fees; developing appropriate rules and standards; and enforcing and directing government efforts to address catastrophic and escaped fire. Minimum prescribed burning standards adopted by rule must include a requirement that a state certified prescribed burn manager or a nationally qualified burn boss be present on site for the duration of any prescribed burn. Attendance of certain prescribed burns by a certified prescribed burn manager is required by December 1, 2013.

The prescribed burning program creates specific duties for the division, including: training, testing, and certifying prescribed burn managers; conducting rulemaking in consultation with affected agencies; conducting prescribed burning in wildland areas; constructing fire breaks and taking similar actions to prevent catastrophic wildfire; providing advisory services; instituting a public information campaign ("subject to available funding"); and investigating escaped prescribed fires.

The bill allows the Firefighter, First Responder, Hazardous Materials Responder, and Prescribed Fire Training and Certification Fund in the DFPC (the DFPC Fund), to receive fee revenue from the prescribed fire certification program, available for annual appropriation to fund DFPC operations. The bill also directs all DFPC revenue from DFPC prescribed burning activities other than certifications to be deposited in the Wildfire Preparedness Fund.

Prescribed burning regulated by the bill does not include controlled agricultural or ditch burns or open burning conducted pursuant to a county permit system. Additionally, prescribed burning minimum standards do not apply to operations of federal agencies and other organizations that have adopted standards consistent with those required by the bill. Private landowners are not required to be certified to conduct prescribed burning on their own property, but such landowners or their designees that are certified prescribed burn managers and conduct burns in accordance with applicable law are not liable for damages except in cases of gross negligence or willful and wanton neglect.

The following people testified on the bill:

03:44 PM -- Paul Cooke, DFPC, spoke in support of the bill. Mr. Cooke explained how this bill will help to increase public safety when prescribed fire is used and that the bill will set guidelines for the rules in statute. He detailed sections 6 and 7 of the bill and answered questions from the committee regarding the relationships between the various agencies described in the bill, and the differences between burn managers and emergency management officers. Representative Levy answered questions from the committee regarding communication difficulties that are not addressed in the bill. Representative Gerou, co-sponsor of the bill, addressed this issue as well. Mr. Cooke continued to answer questions regarding prescribed burns on private property versus those on public property. Representative Gerou discussed this issue as well. Mr. Cooke answered questions from the committee regarding federal land management processes and procedures.

03:59 PM -- Rachel Lee, The Nature Conservancy, spoke in support of the bill. Ms. Lee discussed the importance of prescribed burns as a tool that benefits land management.

04:00 PM -- Chief Doug McBee, Colorado State Fire Chiefs, spoke in support of the bill. Chief McBee discussed his participation in the crafting of this bill and how the guidelines described in the bill will help prevent future fire tragedies.

04:02 PM -- Beth Semptimphelter, representing herself, described how she feels the bill does not provide adequate protection for the public and said that insurance requirements for private burners should be required. She also talked about compliance concerns, her experiences during the Lower North Fork fire, and her opposition to prescribed burns. Ms. Semptimphelter answered questions regarding how government can better inform affected citizens about prescribed burns. Representative Gerou described current practices for informing citizens about prescribed burns and why this system failed during the Lower North Fork fire. Ms. Semptimphelter answered questions regarding if she is happy or not with the framework as it is described in the bill.


04:21 PM

Committee discussion ensued regarding other bills related to prescribed burns as a wildfire mitigation technique, compliance enforcement, the framework as described in the bill, and liability.

04:25 PM

Staff distributed Amendment L.003 (Attachment A) to the committee. Representative Levy described the provisions of the amendment.

130311 AttachA.pdf130311 AttachA.pdf
BILL:SB13-083
TIME: 04:28:13 PM
MOVED:McNulty
MOTION:Adopt amendment L.003. The motion passed without objection.
SECONDED:Coram
VOTE
Buck
Excused
Coram
Garcia
Lebsock
McLachlan
McNulty
Mitsch Bush
Rankin
Rosenthal
Saine
Sonnenberg
Vigil
Fischer
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB13-083
TIME: 04:33:05 PM
MOVED:Rankin
MOTION:Refer Senate Bill 13-083, as amended, to the Committee on Appropriations. The motion passed 12-0 with one excused.
SECONDED:Lebsock
VOTE
Buck
Excused
Coram
Y
Garcia
Y
Lebsock
Y
McLachlan
Y
McNulty
Y
Mitsch Bush
Y
Rankin
Y
Rosenthal
Y
Saine
Y
Sonnenberg
Y
Vigil
Y
Fischer
Y
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: