Flood Disaster Study Committee (11/05/2013)

Final
STAFF SUMMARY OF MEETING

FLOOD DISASTER STUDY COMMITTEE

Date:	11/05/2013	ATTENDANCE

Time:	09:06 AM to 04:32 PM	DelGrosso	X
		Foote	X
Place:	SCR 356	Humphrey	X
		Jones	X
This Meeting was called to order by		Kefalas	E
	Representative Young, Senator Renfroe	Lambert	X
		Lundberg	X
This Report was prepared by		Nicholson	X
	Julia Jackson	Renfroe	X
		Singer	X
		Sonnenberg	X
		Young	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Election of chairs Overview of September 2013 Floods Impact of September 2013 Floods Recovery Efforts Finance Mechanisms for Flood Impacts Consumer Protection Public Testimony Wrap-Up		Co-chairs elected 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

09:06 AM -- Election of chairs


BILL:	Election of chairs
TIME:	09:07:11 AM
MOVED:	DelGrosso
MOTION:	Appoint Senator Renfroe as co-chair of the Flood Disaster Study Committee. The motion passed on a vote of 11-0.
SECONDED:	Singer
		VOTE
	DelGrosso	Yes
	Foote	Yes
	Humphrey	Yes
	Jones	Yes
	Kefalas	Excused
	Lambert	Yes
	Lundberg	Yes
	Nicholson	Yes
	Renfroe	Yes
	Singer	Yes
	Sonnenberg	Yes
	Young	Yes

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


BILL:	Election of chairs
TIME:	09:08:04 AM
MOVED:	Jones
MOTION:	Appoint Representative Young as co-chair of the Flood Disaster Study Committee. The motion passed on a vote of 11-0.
SECONDED:	Foote
		VOTE
	DelGrosso	Yes
	Foote	Yes
	Humphrey	Yes
	Jones	Yes
	Kefalas	Excused
	Lambert	Yes
	Lundberg	Yes
	Nicholson	Yes
	Renfroe	Yes
	Singer	Yes
	Sonnenberg	Yes
	Young	Yes

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

09:09 AM

Representative Young and Senator Renfroe, co-chairs, gave introductory remarks to the committee. Senator Lundberg added remarks.

09:15 AM -- Overview of September 2013 Floods

Roxane White, Chief of Staff for Governor Hickenlooper, introduced herself and others at the table: Henry Sobanet, Director of the Governor's Office of State Planning and Budgeting; Stephanie Donner, Executive Director of the Flood Recovery Office (FRO); Kerri Nelson, FRO Chief of Staff; and Jerre Stead, Chief Recovery Officer, FRO. Committee members received a handout detailing the status of work done by the Flood Recovery Office (Attachment A). Ms. White discussed the September 2013 flood disaster and the recovery efforts to date. She noted the similarities between the state government's response to floods and wildfires.

1105Attachment A.pdf

09:19 AM

Henry Sobanet, Director of the Office of State Planning and Budget (OSPB), described state resources available for disaster relief and his office's work to fund disaster relief to date. He noted that he would be speaking in more detail later in the day.

09:22 AM

Jerre Stead, Chief Recovery Officer, discussed his role in responding to the flood disaster. He explained that he is the CEO of IHS and is serving as Chief Recovery Officer in a voluntary capacity. He noted that recovery will take a long time. He described other pro bono work done to operate www.coloradounited.org, and he discussed website visitors to date. He provided details about recovery efforts in the state.

09:30 AM

Kerri Nelson, Chief of Staff, FRO, described the FRO's objectives, particularly in planning for future disasters. She noted that preparing for winter weather has been very important. She detailed the structure of the FRO and its recovery efforts. Ms. Nelson continued to walk the committee through information provided in Attachment A.

09:38 AM

Committee members noted topics they wanted to hear more about over the course of the meeting. Senator Lambert asked about erosion and rock slides. Representative Sonnenberg requested information about agricultural impacts. Senator Nicholson requested information about those who have been denied financial assistance. The panel offered to address these questions later in the meeting.

09:41 AM -- Impact of September 2013 Floods

Don Hunt, Executive Director, Colorado Department of Transportation (CDOT), told the committee about CDOT's work to respond to the floods. He introduced Scott Cuthbertson, his Deputy Director and Chief Operations Officer. Committee members received a packet of information detailing road damage and repair work (Attachment B). He discussed the long term efforts needed to rebuild roads, and he detailed the immediate road closures after the floods. Mr. Hunt discussed rock fall and landslides in the canyons and responded to Senator Lambert's question

about erosion and rock movement. Senator Lambert and Mr. Hunt discussed this issue, especially on Highway 24, as well as the need to warn people of flash flood danger and potential road closures. Representative Young and Mr. Hunt continued to discuss issues facing canyon roads.

1105Attachment B.pdf

09:53 AM

Senator Lambert and Mr. Hunt discussed potential future floods. Mr. Hunt explained CDOT's efforts to calculate the costs of road repairs, as well as the anticipated federal contributions to those repair costs. Mr. Cuthbertson detailed the road repairs that have been done so far. Mr. Hunt explained how that work was completed and discussed CDOT's relationship with contractors in the state. He provided more information about federal funding of road repairs. Senator Renfroe and Mr. Hunt discussed temporary repairs, and the seasonal problems that could continue to affect damaged roads.

10:10 AM

Representative Sonnenberg and Mr. Hunt discussed CDOT's needs from the legislature. Mr. Hunt noted that local governments will continue to need help recovering from the floods. Senator Nicholson and Mr. Hunt discussed the methods of rebuilding roads. Senator Lambert and Mr. Cuthbertson discussed the role of the Colorado National Guard in road repair efforts. Senator Jones and Mr. Hunt discussed CDOT's role in federally funded road projects. Senator Lundberg and Mr. Hunt discussed cost containment in disaster response. Mr. Hunt explained CDOT's contracting process and the cost controls the department has in place, noting the different procedures in place for emergency situations. Representative DelGrosso and Mr. Hunt discussed CDOT's timeline for rebuilding roads and the federal reimbursement process.

10:21 AM

Dave Hard, Director of the Office of Emergency Management (OEM), Division of Homeland Security and Emergency Management, Department of Public Safety, told the committee about OEM's work immediately following the September 2013 floods. He stated that OEM's new resource mobilization system worked very well. He explained that $63 million of the Disaster Emergency Fund has been obligated to date, and he discussed damages as a result of the floods. Mr. Hard described the various entities participating in emergency response, noting in particular the role of local search and rescue teams. He added that Colorado received assistance from many other states, and he discussed the role of the Federal Emergency Management Agency (FEMA) in the response.

10:30 AM

Mr. Hard responded to committee questions regarding soil surveys and erosion, as well as denials of requests for individual assistance. Representative DelGrosso and Mr. Hard discussed FEMA individual assistance. Senator Nicholson and Mr. Hard discussed the state's emergency communications system. Mr. Hard noted the need for redundancy in the digital trunked radio system, and he praised the communications work in responding to this disaster. Representative Foote and Mr. Hard discussed the obstacles to returning individuals to their homes, particularly with regard to private roads and bridges. Mr. Hard suggested changes to the structure of homeowner's associations to make them eligible for financial aid after a disaster. Senator Lambert and Mr. Hard discussed the role of meteorologists in emergency responses and the need for frequent weather briefings.

10:41 AM

Reeves Brown, Executive Director of the Department of Local Affairs (DOLA), described DOLA's role in disaster recovery, noting the cooperation between state, federal, and local governments. Pat Coyle, Director of the Division of Housing, DOLA, discussed housing needs after the floods. He noted that many homes were damaged indirectly, such as from damage to sewer lines. Mr. Coyle explained that the next stage will be getting individuals out of hotels and motels and into more permanent housing. He identified resources to help locate available housing and assistance, including federal community development block grants and private sources such as Habitat for Humanity. He responded to questions from the committee about the availability of flood insurance and desired changes to the federal flood insurance program, as well as the process and criteria for obtaining federal community development block grants.

11:10 AM

Mike King, Executive Director, Colorado Department of Natural Resources, discussed the department's responsibilities to address the flood impacts, including inspecting dams to determine integrity and inspecting oil and gas facilities and related spills. He discussed funding available to address flood impacted water structures including the Colorado Water Conservation Board Construction Fund, and he discussed regulatory challenges related to the restoration of stream channels and water diversion structures.
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11:17 AM

Dick Wolfe, State Engineer, Division of Water Resources, described flood response and recovery plans for the Division of Water Resources. Committee members received a handout detailing the division's work (Attachment C). Mr. Wolfe described the division's dam safety regulations and how they require dams to be able to withstand flood events, and he discussed dam performance during the September flood. He described damage to diversion structures and stream gages, and the restoration efforts they will require.

1105Attachment C.pdf

11:32 AM

Senator Renfroe and Mr. Wolfe discussed dam releases, as well as oversight and impacts of that process. Mr. Wolfe responded to committee questions regarding FEMA reimbursement and the flooding of former gravel mining operations. Senator Lundberg and Mr. Wolfe discussed the Lake Estes dam releases during the floods, particularly regarding the US Bureau of Reclamation's emergency action plan. Senator Lambert and Mr. Wolfe discussed the process for communicating the activation of an emergency plan. Mr. Wolfe responded to a question regarding the oversight of ditch and canal companies and accountability for poorly maintained culverts. Discussion continued regarding emergency releases.

11:56 AM

Alan Gilbert, Special Assistant to the Executive Director of Natural Resources for Flood Response, described the flood impacts on the oil and gas industry, and the resulting environmental impacts from oil and gas wells. He noted that there has been no single catastrophic release of oil and gas condensate from any single well. He discussed the 49 sites where the Colorado Oil and Gas Conservation Commission (COGCC) has been notified of damage, and he discussed the possibility of residual impacts. Senator Renfroe and Mr. Gilbert discussed the reporting requirements for site operators and the possibility of improving site operation through rebuilding. In response to a question from Senator Jones, Mr. Gilbert explained his plans to address lessons learned with the COGCC. Discussion continued on this point.

12:10 PM

Commissioner John Salazar, Department of Agriculture, explained the agricultural damage from the September 2013 floods. He noted that the majority of this damage was to range land, though 1200 farms in the state sustained damage. He added that dollar estimates of crop damage are forthcoming, and he discussed the limited federal resources available for agricultural assistance. Deputy Commissioner of Agriculture Ron Carleton continued to discuss this assistance. Commissioner Salazar added that passing a federal farm bill is very important to agricultural recovery. Senator Lambert and Commissioner Salazar discussed well damage and potential contamination. Discussion continued regarding the federal farm bill. Roxane White, Office of the Governor, came to the table to respond to questions from Representative Sonnenberg regarding possible recovery grants for agriculture and water infrastructure.

12:25 PM

Eric Wilkinson, Northern Colorado Water Conservancy District (Northern Water), described the impact of flooding on water infrastructure in the district. Committee members received a copy of Northern Water's "Water News" (Attachment D). Mr. Wilkinson gave the committee examples of damage to water infrastructure, including diversion structures off the St. Vrain River.

1105Attachment D.pdf

12:38 PM

Mr. Wilkinson explained Northern Water's role as a fiscal agent in providing grants for water infrastructure repairs. He suggested that the committee look into supplementing the Colorado Water Conservation Board's funds available for water infrastructure grants. Senator Lambert discussed the process of requesting these funds. Senator Renfroe, Representative Young, and Mr. Wilkinson discussed the impact of flood damage on future agricultural operations.

12:44 PM

Ken DeLay, Executive Director of the Colorado Association of School Boards, discussed local governments' needs in responding to future disasters. Committee members received a letter from the four local government associations detailing these suggestions (Attachment E), which are legislative and Constitutional clarifications to the Taxpayers' Bill of Rights (TABOR).

1105Attachment E.pdf

12:52 PM

Gini Pingenot, Colorado Counties, Inc., continued to discuss TABOR reforms. She explained the counties' suggestions regarding the repayment of TABOR reserves, as well as changing the process of making transfers to the County Road and Bridge Fund. She added that there are problems with the timing of elections under TABOR.

12:55 PM

Paul Wisor, General Counsel, Special District Association of Colorado, noted that disaster response is a long-term process and explained that special districts could benefit from flexibility in election timing. Sam Mamet, Executive Director of the Colorado Municipal League, discussed the collaborative efforts between state and local governments in responding to this disaster. He stated that local governments understand the complications in adjusting TABOR, but he suggested that it is time to address these issues. Mr. Mamet added that additional federal Community Development Block Grant funds need to come back to Colorado to address housing needs. Committee members received a flood recovery update memo from the City of Evans (Attachment F).

1105Attachment F.pdf

01:03 PM

Representative Foote and Mr. Mamet discussed the specific statutes in question and their legislative history. Ms. Pingenot provided additional information about the problems with the County Road and Bridge Fund. Representative Singer and Mr. Mamet discussed the cash flow problems small towns face after a disaster.

01:09 PM

The committee recessed until 1:30 PM.

01:35 PM -- Recovery Efforts

The committee returned from recess. Kerri Nelson, Flood Recovery Office, invited the committee members to provide questions they may have about the flood recovery efforts. Stephanie Donner responded to a question about the state and local match for FEMA moneys and the process for local governments to apply for these moneys. Roxane White responded to questions about the eligibility of privately owned bridges for FEMA assistance to replace the structures, and additional state assistance for small communities that may not be able to meet the 12.5 percent match for FEMA assistance.

01:50 PM

Colonel Alan Buck, Chief of the Joint Staff, discussed the work of the Colorado National Guard in flood recovery. He responded to committee questions about the guard's work and funds used to support it, as well as about the role of the Civil Air Patrol and guard units from other states. Committee members received a disaster relief fact sheet from the Colorado National Guard (Attachment G).

1105Attachment G.pdf

01:59 PM

Tom McCool, Federal Coordinating Officer, Federal Emergency Management Agency (FEMA), explained his role in disaster response, noting that FEMA works at the request of the Governor and that he reports to the Governor. He explained that the "incident period" for the flooding was from September 11-30, 2013, and he described the phases of FEMA's work after a disaster: direct assistance, individual assistance (grants), public assistance (infrastructure), and the hazard mitigation program. He provided additional information about each of these types of assistance. Mr. McCool detailed FEMA's current staffing in Colorado and the additional resources available from other federal agencies. He noted that though FEMA closes its disaster recovery centers after a short term, it remains involved with disaster relief for the long term.

02:09 PM

Mr. McCool described FEMA's individual assistance program, as well as the low-interest loans available from the Small Business Association. He also discussed FEMA's direct housing mission, which provides manufactured housing units for temporary housing where rental resources are not available. He explained that the priority for this mission is Boulder and Weld counties. Senator Renfroe and Mr. McCool discussed the details of the direct housing mission.

02:19 PM

Dan Alexander, Federal Disaster Recovery Coordinator, provided information about the role of the federal Department of Housing and Urban Development and the federal Department of Agriculture in restoring permanent housing. Representative DelGrosso, Representative Young, and Mr. McCool continued to discuss housing resources, including rental assistance and transitional shelter assistance.

02:29 PM

Representative Young and Mr. McCool discussed public assistance to repair wastewater facilities. Senator Lambert and Mr. McCool discussed FEMA's role in repairing water infrastructure through its "stream team." Mr. Alexander added information about the assessment process to determine damage and eligibility for assistance. Mr. McCool and Mr. Alexander addressed the limitations in assisting private access road owners and private ditch companies. Discussion continued regarding eligibility for assistance. Representative Foote and Mr. McCool discussed the timeline for hazard mitigation program funding.

02:44 PM -- Finance Mechanisms for Flood Impacts

Henry Sobanet, Office of State Planning and Budgeting, provided an overview of state spending on disaster relief and the way the state appropriates funds after a disaster. He explained the role of the TABOR emergency account.

02:51 PM

James Eklund, Director of the Colorado Water Conservation Board (CWCB), addressed CWCB's role in flood recovery, focusing particularly on flood financing. He explained that CWCB helps fund water infrastructure repairs when costs exceed insurance and federal funding.

02:56 PM

Steve Gunderson, Director of the Water Quality Control Division, Colorado Department of Public Health and Environment, described his division's role in the aftermath of the September 2013 floods. He explained that FEMA funding for water infrastructure repair is a 75 percent reimbursement, which can pose cash flow problems, since local communities must pay the costs up front and await reimbursement, and they must pay the remaining 25 percent of the cost.

03:01 PM

Mike Brod, Executive Director of the Colorado Water Resources and Power Development Authority, described his organization's work administering two revolving funds for drinking water and wastewater infrastructure projects. He explained that these programs will be more useful for long-term recovery, as the funding process can be slow. He added that some utilities will face long-term issues concerning existing debt.

03:07 PM

Paul Hindman, Executive Director of the Urban Drainage and Flood Control District, told the committee about the district's scope and its work serving local governments within its territory.

03:11 PM

Senator Nicholson and Mr. Gunderson discussed the role of the state in responding to damaged private wells and septic systems. Representative Sonnenberg and Mr. Gunderson discussed water quality standards that could be limiting drinking water availability, as well as local government waivers.

03:17 PM -- Consumer Protection

Bobbie Baca, Supervisor of the Property & Casualty Section, Division of Insurance, Department of Regulatory Agencies (DORA), described her office's role in addressing insurance issues. She explained that the division does not regulate flood insurance, which is provided by the federal government. She noted that most consumer complaints so far have addressed sewer backup coverage. She discussed other concerns her office has heard about insurance claims and the emergency regulations they have written to address some of those concerns.

03:21 PM

Jo Donlin, Director of External Affairs, Division of Insurance, described the role of the Insurance Commissioner in responding to the floods, as well as the division's efforts to provide information to the public. She provided information about the work done by other divisions of DORA as well.

03:26 PM

Committee members discussed concerns with the National Flood Insurance Program with Ms. Baca and Ms. Donlin.

03:33 PM

Jan Zavislan, Deputy Attorney General for Consumer Protection, provided background information about his office, and he noted that they generally receive very few complaints after disasters. Representative Singer and Mr. Zavislan discussed consumer issues with contractors and rental price gouging. Senator Lambert and Representative Sonnenberg discussed water law issues.

03:49 PM -- Public Testimony

03:49 PM -- Britta Fisher, representing Wheat Ridge 2020, testified regarding the need for affordable housing in the state. She discussed the economic benefits of constructing subsidized and market-rate housing.

03:51 PM -- Annmarie Jensen, representing Colorado Impact, testified regarding affordable housing. She explained that average wages in Colorado do not align with average housing costs. She also discussed state funding for affordable housing in Colorado and identified the benefits of investing in housing including improved education outcomes, reduced health care costs, and lower crime rates.

03:55 PM

Stefka Fanchi, Director, Colorado Habitat for Humanity, described disaster recovery assistance provided by her organization, in partnership with other nongovernmental entities, including new housing construction and renovation of flood damaged housing. She also discussed a three-year plan to address additional housing needs related to the flood in partnership with the state and other entities.

04:01 PM

Beth Low, representing herself, described the challenge of obtaining FEMA assistance to repair roads, and she urged the committee to consider funding to address gaps in federal assistance for private entities. She also responded to questions about the need to prevent erosion from streams near homes that may result in additional damage to homes.

04:08 PM

Sussy Valdez, representing herself, described flood damage problems experienced by persons living in multifamily housing, and she discussed the need for mental health counselling for persons impacted by floods. She also described the need for coordinated information from federal agencies.

04:14 PM -- Wrap-Up

The committee discussed methods for answering outstanding questions, as well as its future plans.

04:28 PM

Committee members offered closing remarks.

04:32 PM

The committee adjourned.