Wildfire Matters Review Committee (08/04/2014)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	08/04/2014	ATTENDANCE

Time:	09:05 AM to 03:06 PM	Buck	X
		Exum	*
Place:	HCR 0112	Jones	X
		King	E
This Meeting was called to order by		McLachlan	X
	Senator Nicholson	Nordberg	E
		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:
Opening Remarks by Chair and Committee Members Update on 2014 Wildfire-related Legislation Colorado State Fire Chiefs: Update and Preliminary Recommendations Update on the Implementation of Senate Bill 13-269 Presentation by the Division of Fire Prevention and Control Update on the Implementation of Senate Bill 14-127 Update on Homeowner's Insurance Presentation by Colorado State Forest Service Public Testimony Committee Discussion on Future Meeting Dates and Activities		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

09:06 AM -- Opening Remarks by Chair and Committee Members

The committee was called to order. A quorum was present. Senator Nicholson, Chair, and the members present provided opening remarks about issues associated with the committee's charge.

09:11 AM -- Update on 2014 Wildfire-related Legislation

Mr. Alex Schatz, Legislative Council Staff, provided an overview of wildfire-related legislation passed during the 2014 legislative session.

09:21 AM

Mr. Schatz continued to brief the committee on wildfire-related legislation considered during the 2014 legislative session.

09:22 AM -- Colorado State Fire Chiefs: Update and Preliminary Recommendations

Mr. Garry Briese, Executive Director, Colorado State Fire Chiefs, briefed the committee on wildfire-related issues from his organization's perspective. Committee members received an updated document outlining Mr. Briese's 2013 presentation to the committee and preliminary recommendations (Attachment A). Mr. Briese discussed the precipitation that has fallen in Colorado during 2014, and its suppression of wildland fires thus far. Mr. Briese discussed the effect of fire-related legislation considered during the 2014 legislative session, and discussed the Colorado State Fire Chiefs' priorities in terms of legislative recommendations, as outlined in Attachment A. He discussed certain exercises undertaken by local fire departments to assess their wildland fire suppression capabilities.

140804 AttachA.pdf

09:33 AM

Mr. Briese continued to discuss the Colorado State Fire Chiefs' legislative recommendations, and further discussed training exercises undertaken to assess local wildland fire suppression capabilities. Mr. Briese responded to questions regarding the logistics of these exercises, and continued to outline the details of the exercises. He recommended that funding be allocated for these exercises. Mr. Briese next discussed the responsibilities of homeowners in the wildland-urban interface to engage in wildfire mitigation activities, and the size of the population in this zone.

09:43 AM

Mr. Briese recommended funding for incident management teams over the next two fiscal years. Mr. Briese returned to discussing wildfire mitigation responsibilities on the part of property owners in the wildland-urban interface. Mr. Briese responded to questions regarding local and statewide mutual aid during wildfire suppression mobilization, and insurance coverage of those deployed cross-jurisdictionally during these incidents. Discussion ensued regarding the emergency radio system in Boulder County. Discussion followed regarding the homeowner property mitigation issue, and what constitutes proper private property wildfire mitigation.

09:55 AM

Discussion continued regarding private property wildfire mitigation, and the guidelines for and expectations associated with such mitigation at the local level. Mr. Briese responded to questions regarding local outreach to homeowners for wildfire mitigation purposes, and the potential need for liability protection by local jurisdictions in instances where the jurisdictions refuse to combat a wildland fire on a property that has not been properly mitigated. Mr. Briese responded to further questions regarding the position of the Colorado State Fire Chiefs on prescribed burning, and its efforts in this area.

10:06 AM

Mr. Briese responded to questions regarding user fees for the use of communications systems by local jurisdictions, and homeowners' insurance premiums at the local level in the wildland-urban interface. Discussion ensued regarding joint mitigation efforts between fire districts and property owners. Discussion returned to the issue of liability exposure for local fire jurisdictions that refuse to combat a wildfire on a nonmitigated property.

10:17 AM -- Update on the Implementation of Senate Bill 13-269

Ms. Lisa Dale, Assistant Director of Parks, Wildlife, and Lands, Department of Natural Resources, provided an update on the implementation of Senate Bill 13-269, concerning the Wildfire Risk Reduction Grant Program. Ms. Dale first provided an overview of the program's purpose and funding, and explained how grant funding issued under the program is used. Ms. Dale discussed the status of the program in terms of grants issued to date, and explained how grantees dispose of fuel harvested from their properties. Ms. Dale responded to questions regarding the reasons why certain counties are not participating in the Wildfire Risk Reduction Grant Program, and parties eligible to apply for grants under the program. Discussion ensued regarding outreach to communities about the program. Ms. Dale returned to providing an update about the program's implementation.

10:28 AM

Ms. Dale responded to questions regarding metrics associated with the program and its success, and the purchase of equipment by local jurisdictions under the program. Ms. Dale responded to further questions regarding the use of scientific determinations about forest health in conjunction with the Wildfire Risk Reduction Grant Program, and the use of equipment purchased under the program across jurisdictions. Discussion ensued regarding the potential for the legislature to fund the program in future years.

10:37 AM

The committee recessed.

10:50 AM -- Presentation by the Division of Fire Prevention and Control

Mr. Paul Cooke, Director, Division of Fire Prevention and Control, briefed the committee on a variety of issues associated with wildland fires and fire prevention and suppression. Mr. Stan Hilkey, the new Executive Director for the Department of Public Safety, introduced himself to the committee and discussed his background. Mr. Cooke first discussed the 2014 wildfire season in Colorado, and the outlook for wildfires going forward. Mr. Cooke reviewed wildfire legislation passed during 2014 and discussed the implementation of this legislation thus far.

11:04 AM

Mr. Cooke continued to brief the committee on the implementation of legislation passed in 2014, turning his attention to the firefighting air fleet. Mr. Cooke responded to questions regarding the use of Colorado's air fleet this year, considering that there have been few wildfires in the state thus far. Mr. Cooke provided an overview of the 2014 wildfire season thus far, and the conditions in terms of fire danger on the Western Slope.

11:17 AM

Discussion ensued regarding the impact of changes in resource mobilization on the ability to combat wildfires, and the usefulness of the air fleet thus far. Mr. Cooke responded to questions regarding the positioning of recently acquired firefighting resources, and the expected wildfire response times based on this positioning. Mr. Cooke provided an update on prescribed burning and certified burner programming. Mr. Cooke provided an overview of this programming, and discussed issues associated with prescribed fires, such as immunity for government agencies conducting these operations.

11:29 AM

Mr. Cooke responded to questions regarding the need for legislation to address fuel loads in Colorado's forests and rules associated with prescribed burning. Mr. Cooke discussed the types of aircraft being acquired for the aerial firefighting fleet, and the utility of these aircraft.

11:39 AM

Mr. Cooke discussed communication systems being implemented in conjunction with the aerial fleet to identify information associated with a particular wildfire.

11:42 AM -- Update on the Implementation of Senate Bill 14-127

Mr. Kevin Klein, Director, Colorado Division of Homeland Security and Emergency Management within the Department of Public Safety, provided an update on Senate Bill 14-127, statewide radio systems new subcommittee and report. Mr. Klein discussed the work of the new subcommittee thus far, and noted some difficulties in moving the program forward. Discussion ensued regarding the timeline for creating a business plan and needs assessment for the Digital Trunked Radio System, and the geographical representation on the Consolidated Communications System Authority.

11:55 AM

The committee recessed for lunch.

01:01 PM -- Update on Homeowner's Insurance

01:02 PM

The committee came back from recess.

Ms. Marguerite Salazar, Insurance Commissioner, Ms. Stephanie Paswaters, Rates and Forms Supervisor for the Division of Insurance's Property and Casualty Insurance Section, and Ms. Bobbie Baca, Director of the Property and Casualty Insurance Section, introduced themselves to the committee. Ms. Baca spoke on disaster preparedness and the wildland-urban interface policies. Ms. Paswaters said that the rise of insurance rates is not directly related to wildfire costs. She discussed current insurance rates for homeowners and guideline requirements. Ms. Baca discussed the implementation of House Bill 13-1225, the Homeowner's Insurance Reform Act. She discussed the application of the bill for the Black Forest Fire prior to the January 1, 2014, implementation date. Ms. Paswaters discussed the insurance companies' compliance with the bill. Representative Hamner discussed issues of homeowners in relation to insurance for wildfire damage. Ms. Baca said that there are insurance coverage options available and that many offer specialties in different markets. Representative Hamner asked a question regarding the recommendations from the Governor's Wildfire Insurance and Forest Health Task Force. Ms. Baca discussed her experience as a member of the task force and noted that the Division of Insurance has not offered any further assistance to the task force or worked on any of its recommendations. Senator Roberts asked a question regarding the implementation of recommendations. Senator Nicholson discussed the variety of options for insurance coverage and the advantage of providing specific options for each homeowner. Ms. Paswater discussed the underlining guidelines offered by the insurance companies and the variety of coverage. She said that their main concern is making sure that they offer coverage equally for the consumer. Senator Jones asked why insurance is not higher for people who are moving into areas of high wildfire risk. He asked whether companies are nonrenewing because of property location. Ms. Baca discussed the insurance coverage for higher at-risk properties.

01:22 PM

Ms. Baca answered questions from the committee regarding the cost of damages for hail versus wildfire. Representative McLachlan asked a question regarding properties that a fire department has deemed nondefensible. Ms. Baca and Ms. Paswater discussed the impact of the potential classification of nondefensive homes on insurance coverage. Representative McLachlan discussed the Lower North Fork Wildfire. He asked about the impact on insurance companies who have provided claims. Ms. Baca said that there was one company that left the state, but that it was not a result of wildfires. Representative Exum discussed the importance of understanding property rights in relation to buffer zones between properties and the inability of insurance premiums to account for the issue on a consistent basis.

01:34 PM -- Presentation by Colorado State Forest Service

Mr. Mike Lester, State Forester and Director of the Colorado State Forest Service, introduced himself and provided background information on the Colorado State Forest Service. He discussed programs and assistance for fire mitigation, restoration, and mechanical thinning. Director Lester discussed the recovery efforts after a wildfire. He discussed the programs and outreach for fire mitigation. He presented and discussed the Colorado Wildfire Risk Assessment Portal to show fire risk and educational outreach for homeowners. He discussed partnership with the Department of Natural Resources and specifically the Wildfire Risk Reduction Grant Program. He discussed the partnerships with community wildfire protection plans, specifically county-wide plans implemented.

01:46 PM

Director Lester discussed forest health and fire risk, specifically the life cycle of trees and the greater risk for wildfire management. He described the ecosystems of different tree types and the potential risk for fires. Director Lester discussed the impact of pests and diseases on the health of forests. He discussed the impact of climate change on creating the conditions that allow for a greater risk of wildfires. He discussed increasing temperatures and their impact on preventing invasive insects and drier forest conditions.

01:55 PM

Director Lester discussed the timber industry in Colorado. Specifically, he discussed watershed quality and forest health. He discussed the efforts of the timber industry in active management for the health of forests. He discussed the geographic distribution of timber across Colorado and losses due to wildfire impact. He discussed opportunities for the timber industry, specifically noting biomass from dying trees.

Representative Hamner asked about federal versus state strategies for wildfire mitigation efforts. Director Lester discussed the relationship between federal and state forest services and the state action plans to determine priorities.

02:05 PM

Senator Roberts asked a question regarding pilot programs for the state management of federally owned forests. She discussed the importance of allowing the federal government to retain ownership of forests, while allowing the state to increase management in higher populated areas. Director Lester said that there are barriers to federal and state management. He discussed potential programs and opportunities for partnerships for the management of public and private property. He said there are not enough resources on either side to enact real change.

Senator Roberts continued to discuss the potential dangers of failing to manage federally owned forests. Director Lester discussed the historic impacts of wildfires and the active management on state forest lands. He discussed the guideline limitations to the federal forest service.

02:17 PM

Representative McLachlan discussed potential dangers of wildfire risks. Director Lester discussed the regeneration of forests in areas that have been heavily damaged. Representative McLachlan asked what can be done for dead forests while fire danger is high. Director Lester said that there are efforts to reduce fuel for wildfire. He discussed the issues associated with private industries assisting with forest land management.

02:26 PM

Senator Roberts asked a question regarding prescribed burns. Director Lester discussed broadcast burning and pile burning as tools to aid in forest management. Senator Roberts discussed the needs of the federal forest service to provide support to the private sector in forest management.

02:34 PM -- Public Testimony

Sheriff Justin Smith, Larimer County Sheriff, spoke on the issue of local control in relation to natural disasters, including wildfires. He discussed the importance of effective communication in order to strengthen emergency response for wildfires. He discussed the issues of restrictions and requirements for federally owned forest lands and the impact on wildfire management. He discussed the importance of the partnership between state and local officials to wildfire management.

Senator Roberts discussed the potential delay of implementing Senate Bill 14-127. Sheriff Smith said that delay in implementation is important and that it is important to make sure all the partners can provide sufficient information.

02:45 PM -- Committee Discussion on Future Meeting Dates and Activities

Senator Nicholson discussed the deadlines for bills to be submitted to the Legislative Council. The committee discussed potential dates for future meeting times. Committee members received a partial interim activities calendar (Attachment B).

140804 AttachB.pdf

02:58 PM

The committee continued to discuss dates for future meetings. The committee selected August 25, September 3 or September 10, and September 26 as its interim meeting dates. The committee also discussed some potential agenda items.

Mr. Bo Pogue, Legislative Council Staff, said that updates to the committee binder are available.

03:06 PM

The committee adjourned.