Wildfire Matters Review Committee (08/25/2014)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	08/25/2014	ATTENDANCE

Time:	09:00 AM to 04:21 PM	Buck	X
		Exum	*
Place:	SCR 356	Jones	E
		King	X
This Meeting was called to order by		McLachlan	*
	Senator Nicholson	Nordberg	X
		Roberts	X
This Report was prepared by		Tochtrop	E
	Bo Pogue	Hamner	X
		Nicholson	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Update from the Division of Fire Prevention and Control Wildfire Issues at the Local Level Colorado State Fire Chiefs Legislative Recommendations Coupled Weather Wildland Fire Behavior Prediction Technology Presentation on House Bill 14-1210 Panel: Prescribed Burning Wildland and Prescribed Fire Admisory Committee Recommendations Federal Perspective on Fire Management and Forest Health Public Testimony		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

09:01 AM -- Update from the Division of Fire Prevention and Control

The committee was called to order. A quorum was present. Committee members received a letter from the Boulder County Board of County Commissioners outlining a number of wildfire-related recommendations (Attachment A). Mr. Paul Cooke, Director for the Division of Fire Prevention and Control (DCPF) within the Department of Public Safety, provided an update on a number of issues. Mr. Cooke first noted some new appointments within his office. He then provided an update on the implementation of Senate Bill 14-164, concerning aerial firefighting efforts, and implementing recommendations made by the DCPF regarding the Colorado Firefighting Air Corps. Mr. Cooke provided background regarding the efforts that resulted in SB 14-164, and discussed the actions taken to supply the Air Corps with new aircraft technology. He discussed the benefits already realized by acquiring the new technology in terms of utilization and effectiveness, and costs associated this acquisition.

140825 AttachA.pdf

09:14 AM

Mr. Cooke responded to questions regarding cost sharing between state and local governments for wildfire aviation resources, and the success rate associated with wildfire aviation missions in 2014. Discussion ensued regarding the creation of a regional wildfire aviation fleet among a number of western states, and involvement on the part of DCPF in a resolution issued by the Western Governors Association calling for such a fleet. The committee also discussed the effect of wildfires on water quality and water compacts between the states.

09:24 AM

Discussion returned to the issue of cost sharing between state and local governments for the use of aerial firefighting resources, based on a discussion that Mr. Cooke recently had with La Plata County officials. Mr. Cooke provided an update on the Center for Excellence for Advanced Technology Aerial Firefighting. Discussion ensued regarding the function of the Center of Excellence in facilitating the use of the aerial firefighting fleet.

09:37 AM

Discussion continued regarding the role of the Center of Excellence, and the tension between the center and the fleet associated with allocating limited funding. The committee discussed addressing this issue through additional legislation. Mr. Cooke responded to questions regarding the potential for DCPF to issue legislative recommendations. The committee thanked Mr. Cooke for his efforts in establishing the aerial fleet.

09:46 AM -- Wildfire Issues at the Local Level

Commissioner Sallie Clark, El Paso County Commissioner and First Vice President of the National Association of Counties, reported to the committee on wildfire recovery, and associated flash flood recovery, in El Paso County. Committee members received a packet of slides that formed the basis of Commissioner Clark's presentation (Attachment B). Commissioner Clark provided an overview of these disaster events in El Paso County, and efforts undertaken to address these events. Commissioner Clark noted the various entities involved in both disaster response and recovery in El Paso County, and ongoing issues associated with the recent disasters previously catalogued.

140825 AttachB.pdf

10:01 AM

Commissioner Clark continued to brief the committee on efforts undertaken to recover from numerous recent wildfire and associated flood disasters, and discussed ongoing challenges to preventing future disasters. Commissioner Clark made some suggestions about how the General Assembly and state government may assist with local government disaster response and recovery. Commissioner Clark responded to questions regarding the inability of El Paso County to access certain state funds for the purpose of addressing disaster recovery due to certain restrictions.

10:11 AM

Commissioner Clark responded to questions regarding insurance recovery for the emergency disasters in El Paso County noted in Attachment B, and the timeline associated with full recovery from fire and flood disasters. Commissioner Clark responded to further questions regarding federal efforts to mitigate forested lands under its ownership in El Paso County. Discussion ensued regarding the discontinuation of the Wildfire Risk Reduction Grant Program administered by the Department of Natural Resources, and the authority of local governments to ban agricultural burning in certain situations.

10:22 AM

Commissioner Clark outlined her position on prescribed burning. Mr. Dave Rowe, Microwave/Radio Systems Administrator for Larimer County, briefed the committee on the Digital Trunked Radio System (DTRS) used by the state, as well as the hybrid system used in Larimer County. Mr. Rowe discussed the functionality and benefits of the DTRS, and explained how emergency responders use DTRS during disaster events. Mr. Rowe noted the breakdown of ownership of the DTRS among levels of government, and listed some problems with the system.

10:35 AM

Mr. Rowe responded to questions regarding the potential for allowing the Division of Homeland Security and Emergency Management to delay issuing its statutorily mandated statewide radio needs assessment for a few months. Ms. Meghan Storrie, representing the Colorado Municipal League, addressed the committee about resilient building during the aftermath of an emergency disaster, and spoke in favor of continuing the Wildfire Risk Reduction Grant Program. Ms. Storrie also discussed certain DTRS issues from the local perspective, including the state and local shares of funding for the system. Ms. Storrie responded to questions regarding efforts undertaken at the local level to address issues associated with building codes in the wildland-urban interface, and the utilization of Department of Local Affairs regional coordinators. Ms. Storrie also responded to questions regarding the use of a recently established wildfire resource information clearing house.

10:51 AM

Mr. Andy Karsian, representing Colorado Counties, Inc., came to the table to respond to questions regarding issues associated with the use of prescribed burns by local governments to assist with the creation of healthier forests. Discussion ensued regarding the use of Federal Emergency Management Agency (FEMA) moneys during disaster recovery. Ms. Clark returned to provide input on this issue. Discussion ensued regarding FEMA policies that may present challenges to local disaster recovery. Discussion followed regarding specific forest mitigation activities undertaken at the local level.

11:04 AM

Discussion ensued regarding efforts undertaken at the local level to supplement efforts to address wildland fires over the past year.

11:08 AM -- Colorado State Fire Chiefs Legislative Recommendations

Chief Mike Morgan, President of Colorado State Fire Chiefs and Chief of the Colorado River Fire Protection District in Rifle, Mr. Garry Briese, Executive Director of Colorado State Fire Chiefs, and Chief Jamey Baumgarner, Chief of the Larkspur Fire Protection District, provided wildfire-related legislative recommendations on behalf of Colorado State Fire Chiefs. Chief Morgan addressed wildfire-related legislation adopted by the General Assembly in the past year, and outlined Colorado State Fire Chiefs' specific recommendations for the upcoming legislative session. Chief Morgan made recommendations regarding statewide communications, incident command capabilities, and fire management staffing. He also recommended maintaining funding for the state's aerial firefighting fleet. Chief Morgan outlined certain commitments that Colorado State Fire Chiefs has made in terms of equipment, mission, and capabilities. Mr. Briese addressed questions raised earlier about the use of FEMA moneys during the aftermath of natural disasters. Mr. Briese also discussed how to determine what constitutes a properly mitigated property in the wildland-urban interface, and how fire districts will measure wildfire response risk in these areas.

11:23 AM

Discussion ensued regarding interaction between fire districts and insurance companies during the wildfire risk mapping process. Discussion followed regarding efforts undertaken at the local level in the past year on wildland fire issues, including efforts pertaining to building codes and mitigation strategies. Discussion turned to the use of prescribed burns at the local level, and the ability to better use such burns as a mitigation tool. Chief Baumgarner offered additional thoughts about the use of prescribed burns as a wildfire mitigation tool.

11:39 AM

Representative Exum discussed the need for collaboration among all levels of government to address wildfires.

11:42 AM -- Coupled Weather Wildland Fire Behavior Prediction Technology

Mr. William P. Mahoney, III, Deputy Director for the Research Applications Laboratory at the National Center for Atmospheric Research (NCAR), and Dr. Janice Coen, Lead Scientist on Wildland Fire Behavior Research for NCAR, made a presentation entitled Coupled Weather Wildland Fire Behavior Prediction Technology. Committee members received a packet of presentation slides (Attachment C), and a brochure on coupled-weather fire modeling (Attachment D), both prepared by NCAR. Mr. Mahoney outlined the work of NCAR in the area of weather wildfire modeling, and provided an overview of the role of weather in wildfire risk and exacerbation. Dr. Coen discussed the science of wildfire modeling. She narrated video animations showing the impact of winds on the High Park and Yarnell Hill Fires.

140825 AttachC.pdf

140825 AttachD.pdf

11:56 AM

Dr. Coen explained how wildfire weather modeling is verified through testing, and forecasting challenges for long-term wildfires. Dr. Coen discussed the use of satellite images of initial fire conditions to predict the arc of a wildfire event. Mr. Mahoney discussed the potential for using weather-wildfire modeling technology to assist with emergency wildland fire response and management.

12:08 PM

Dr. Coen responded to questions regarding the challenges of weather to conducting prescribed burns while maintaining air quality, and availability of coupled weather wildland fire behavior prediction technology to fire districts and managers. Discussion ensued regarding the optimum time to begin combatting a wildfire. Dr. Coen responded to questions about using the referenced technology to predict future wildfires as well as the behavior of wildfires already underway, and whether the technology has been used to predict the behavior of an active wildfire. Discussion ensued regarding the types of technology used in wildfire modeling, and the financial resources required to make coupled weather wildland fire modeling a practical tool.

12:22 PM

Mr. Mahoney responded to questions regarding the quantitative benefits of coupled weather wildland fire modeling technology, and private-sector interest in this technology. Discussion ensued regarding the impact of wildfires on climate change.

12:28 PM

The committee recessed.

01:30 PM -- Presentation on House Bill 14-1210

The committee returned from recess. Mr. Tobin Follenweider, Deputy Director of the State Land Board, provided a summary of the state trust lands. Committee members received copies of a report required under House Bill 14-1210 (Attachment E). Mr. Follenweider discussed stewardship of the lands on behalf of the trust and the importance of wildfire mitigation to minimize wildfire damages. He discussed the provisions of House Bill 14-1210 and changes made to the unique circumstances of the leases of property. Senator Nicholson asked a question regarding risk management of the state trust lands.

140825 AttachE.pdf

01:38 PM -- Panel: Prescribed Burning

Mr. Michael Lester, Director of the Colorado State Forest Service, Ms. Paige Lewis, Forest Heath Program Director for The Nature Conservancy, and Director Paul Cooke were brought to the table as a panel on prescribed burning. Mr. Lester spoke on the mitigation efforts that can be done to minimize the impact on wildfires. He discussed the current environmental conditions that increase wildfire and public safety risks. Director Lester said that there are risks to mitigation, including prescribed burning, and that the wild land urban interface makes it more challenging. He said that it is still important to use mitigation to reduce the destruction and danger of wildfires. Director Lester answered a question regarding the use of prescribed burns compared to other mitigation strategies. He said that the use of different strategies depends on the circumstances and the advantages of each mitigation tool. Director Lester answered questions regarding the ban on broadcast burning. He discussed the ban on state employees' use of this tool and said that the ban was implemented in March 2012.

01:49 PM

Senator Roberts discussed the current conditions of beetle kill forests and the risk of wildfires. Director Lester spoke on forest triage and the importance of preventing loss of life compared to wildfire impact. Senator Roberts asked if the State Forest Service works with the local districts in order to prevent fires. Director Lester said that mitigation and risk management is a combined effort from state agencies and local governments. He said that insects and disease are an important focus of recent studies. Senator Roberts discussed the division of responsibilities and asked if the current makeup of the DFPC and the State Forest Service is efficient. Director Lester discussed the partnerships between state agencies and said that there are a lot of opportunities and resources needed to increase efficiency for wildfire mitigation.

01:57 PM

Representative Buck discussed trail closures due to increased safety risks caused by beetle kill. She asked what steps have been taken to lower risks. Director Lester discussed mitigation efforts in Latimer County and acreage throughout the state. Representative Buck discussed the importance of sharing information with the members of the public who are concerned with increased risks. Senator King discussed forests under federal control that need mitigation. Director Lester discussed the partnership between state and federal agencies. Senator King asked if the state is able to mitigate federal land. Director Lester discussed opportunities for mitigation on federal land and the restrictions on federal and state agencies. Senator Nicholson discussed Senate Bill 13-269 and the resources available to the state land trusts. Director Lester spoke on the current mitigation on private land compared to projects in state forests.

02:06 PM

Senator Roberts discussed the Good Neighbor Authority regarding wildfire mitigation. Director Lester said that the expertise of the State Forest Service makes them an important partner in a Good Neighbor Authority, but current resources are limited. Senator Nicholson asked about the dangers of prescribed burning. Director Lester discussed potential resources to decrease the risks associated with mitigation programs like prescribed burning. He also discussed assistance that the legislator could provide.

02:11 PM

Ms. Lewis provided background on The Nature Conservancy and discussed the importance of prescribed burning compared to other wildfire mitigation efforts. Committee members received copies of Ms. Lewis' testimony (Attachment F). She discussed current efforts to implement mitigation programs including prescribed burns. She spoke on the value and successes of prescribed burns as a large scale mitigation program. Ms. Lewis provided recommendations on prescribed burning to increase its value and reduce risk to populated areas. She discussed changes that can be made by the General Assembly to current laws and restrictions to increase preparedness and management of wildfire mitigation.

140825 AttachF.pdf

02:22 PM

Ms. Lewis answered a question from the committee regarding the current participation of federal, state, local, and private agencies in prescribed burn programs. Senator Roberts asked about the impact of prescribed burns on erosion and watersheds. Ms. Lewis discussed the ecological value of prescribed burns by mimicking a wildfire in a controlled way. She said that a prescribed burn will provide less erosion and more nutrients compared to a wildfire. Director Lester discussed the ecological conditions of a slow burning fire. Ms. Lewis answered a question regarding liability protection for the state while also protecting the interests of the public.

02:31 PM

Senator Nicholson discussed the importance of finding a balance for protecting the liability of the state. Ms. Lewis answered a question regarding the current requirements for prescribed burning. She discussed the current process and steps for implementing a prescribed burn plan.

02:33 PM -- Director Cooke said that the DFPC is charged with implementing the rules and requirements for prescribed burns. He discussed the current requirements and monitoring of prescribed burns and a contingency plan in the event of an escaped fire. Director Cooke said the division has the authority to enter into agreements with private land owners and has partnered with the Department of Natural Resources to use prescribed burning on state lands. He said that the land management authorizes the use of a prescribed burn on state land. Director Cooke answered a question regarding the readiness of broadcast burning. Senator Roberts discussed concerns regarding the need to implement mitigation before a wildfire occurs. Director Cooke discussed the current condition issues in Colorado and said that there is an urgent need to use mitigation.

02:43 PM -- Wildland and Prescribed Fire Advisory Committee Recommendations

Ms. Lewis provided a handout of recommendations from the Wildland and Prescribed Fire Advisory Committee (Attachment G). She discussed the background of the advisory committee. Ms. Lewis discussed the recommendations: interoperable communications and state digital trunked radio system (DTRS); incident management teams and related overhead positions; fund mitigation grant programs; changing the wildfire mitigation tax deduction to a tax credit; providing immunity for state employees conducting prescribed burning; adequate funding for the Division of Fire Prevention and Control; an appropriation to the Colorado Firefighting Air Corps Fund; encouraging the creation of volunteer fire department organizations in areas without services; granting authority to the DFPC to review National Wildland Coordinating Group qualifications; granting counties authority to prohibit open burning; allow the Colorado Department of Public Health and Environment to continue utilizing a flexible approach to air quality restrictions; and reviewing recommendations from the Governor's Wildfire Insurance and Forest Health Task Force.

140825 AttachG.pdf

02:53 PM

Senator Roberts asked questions regarding recommendations for prescribed burns and the impact of wildfire on public health. Ms. Lewis discussed the monitoring requirements for pile burning and the continued use of mitigation. She discussed the research that has been done regarding health impacts of wildfires versus prescribed burns. Senator Nicholson discussed the current procedures for public health.

02:58 PM -- Federal Perspective on Fire Management and Forest Health

Ms. Willie Thompson, Rocky Mountain Director for Safety, Fire, and Aviation Management for the United States Forest Service (USFS), and Mr. Rick Cooksey, State and Private Forestry Director for the USFS, introduced themselves to the committee. Ms. Thompson discussed the current wildfire conditions throughout the United States. She discussed the partnership between state and federal agencies to reduce the risk and impact of wildfires. She discussed specific initiatives undertaken to mitigate tracts of forest lands against wildland fires, and federal resources available to assist with combatting fires. Ms. Thompson discussed the weather outlook for Colorado in the coming months, and noted the amount of acreage treated by the USFS in recent years. Mr. Cooksey provided further input on federal efforts to mitigate forested areas in Colorado against forest fires, and the tools used and programs initiated by the USFS to engage in such activities.

03:12 PM

Mr. Cooksey continued to outline USFS fire management and forest health initiatives in Colorado, and noted its efforts in the area of healthy watersheds. Mr. Cooksey discussed collaborative efforts to improve the timber industry in the state. Representative Buck requested specific information regarding the level of wildfire mitigation undertaken on federal lands. Mr. Cooksey responded to questions regarding the next steps for protecting watersheds against the impacts of forest fires, and federal policy changes that could lead to the revitalization of the timber industry by making timber on federal lands available.

03:24 PM

Mr. Cooksey continued to address questions regarding the potential of the federal government to assist the timber industry, focusing on federal contracting with private timber firms. Discussion ensued regarding the amount of time required to initiate work under a timber contract on federal land, and roadblocks created by federal policy that prevent wildfire mitigation activities.

03:33 PM -- Public Testimony

The following persons testified before the committee:

03:34 PM -- Mr. Tom and Ms. Sharon Scanlan, representing themselves, testified before the committee. Mr. Scanlan read some remarks to the committee about his family's experiences as victims of the Lower North Fork Wildfire. He discussed efforts undertaken by he and his neighbors to mitigate against forest fires that were nonetheless ineffective against the fire. He discussed certain benefits of mitigating properties against wildfires in the wildland-urban interface, and spoke in support of creating incentives for mitigation. Mr. Scanlan provided his position on prescribed burning, and discussed certain drawbacks to the practice. Mr. Scanlan discussed the use of forest resources and the impact of this resource use on creating healthier forests.

03:45 PM -- Mr. Scott Appel and Mr. Jim Fildey, representing themselves, testified about their experiences as victims of the Lower North Fork Wildfire. Mr. Fildey discussed the impact of certain recent wildfires, and the costs and benefits of timber harvesting as compared to controlled burning. He discussed certain dangers associated with setting prescribed burns. Mr. Appel discussed events that preceded the Lower North Fork Wildfire, and his efforts to show that the prescribed burn leading to the fire should have never been undertaken. Mr. Appel displayed pictures demonstrating his recent profitable work in harvesting timber. He urged the General Assembly to create incentives to harvest timber for use as fuel and other products, improving the health of forests in the process.

03:57 PM

Mr. Appel continued to discuss the benefits of timber harvesting for industrial uses. He discussed the inability of timber mills to access raw materials. Discussion ensued regarding the potential for using Colorado's timber for industrial purposes.

04:01 PM -- Ms. Beth Semptimphelter, representing herself, read a statement to the committee. Committee members received copies of her testimony (Attachment H). Ms. Semptimphelter outlined the recommendations contained in her written testimony.

140825 AttachH.pdf

04:11 PM -- Mr. John Kunst, representing himself, discussed funding allocations for wildfire property mitigation in the wildland-urban interface, and the need to ensure that individual properties are mitigated. He suggested measuring the efforts of fire districts to focus on land mitigation, and to create programs with this focus in mind.

04:16 PM

Senator Nicholson discussed the committee's forthcoming schedule. Representative Hamner thanked the day's participants, and recapped certain issues addressed during the meeting. Representative Buck offered her thoughts about the discussion concerning creating industrial opportunities based on the timber load in Colorado. Discussion ensued regarding potential agenda topics at the committee's September 10th meeting.

04:21 PM

The committee adjourned.