Flood Disaster Study Committee (02/21/2014)

Final
STAFF SUMMARY OF MEETING

FLOOD DISASTER STUDY COMMITTEE

Date:	02/21/2014	ATTENDANCE

Time:	01:35 PM to 04:42 PM	DelGrosso	*
		Foote	X
Place:	HCR 0112	Humphrey	X
		Jones	E
This Meeting was called to order by		Kefalas	E
	Senator Renfroe	Lambert	X
		Lundberg	X
This Report was prepared by		Nicholson	X
	Mistia Zuckerman	Singer	X
		Sonnenberg	*
		Renfroe	X
		Young	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Cost Sharing Alternatives for FEMA Assistance & HUD Communities Request for Information Concerning Continuity of Government LLS No. 14-0924 Flood Debris Cleanup Grants SB 14-121 Assistance To Local Government After A Disaster LLS No. 14-0924 Flood Debris Cleanup Grants HB 14-1250 School District Payments for Floods and Total Program LLS No. 14-536 BEST Money for Flood Damaged Public Schools LLS No. 14-0748 Flood Recovery Recognition Joint Resolution LLS No. 14-0925 South Platte River Post-flood Phreatophyte Study Public Testimony Rebuilding Flood-damaged Communities Resolution LLS No. R14-0920.01		Witness Testimony and/or Committee Discussion Only Request for information passed without objection Draft bill approved Committee Discussion Only Draft bill approved Draft bill approved Draft bill approved Resolution approved as amended Draft bill approved Witness Testimony and/or Committee Discussion Only Committee Discussion Only

01:37 PM -- State and Local Cost Sharing Alternatives for FEMA Assistance and HUD Communities

Senator Renfroe, chair, called the meeting to order. A quorum was present. A handout from the Governor's Office was distributed (Attachment A). Stephanie Donner, Executive Director and General Counsel, Governor's Recovery Office, provided an overview of the continuing impacts of the September 2013 floods and the office's recent activities. Ms. Donner discussed issues surrounding debris removal on private property, which she said includes debris in stream beds and destroyed mobile homes. She answered questions from the committee regarding the legal process of removing abandoned manufactured homes from mobile home parks.

0221AttachmentA.pdf

01:47 PM

Committee discussion continued regarding the cost of removing debris from private property and problems removing asbestos. Henry Sobanet, Director of the Governor's Office of State Planning and Budgeting, stated that his office will research ways to fund debris removal. Ms. Donner answered questions from the committee regarding

potential sources of funding for debris removal. Senator Nicholson asked about the differences in manufactured housing sites impacted by the flood. Ms. Donner said that over 900 manufactured homes were damaged in the flooding event.

01:58 PM

Mr. Sobanet said local governments are struggling to provide their share of the 12.5 percent match for federal disaster assistance. He discussed the cost-share process and answered questions from the committee regarding communities in need. Ms. Donner said that they have asked communities to let the Colorado Department of Local Affairs (DOLA) know if they need additional assistance.

02:08 PM

Mr. Sobanet and Ms. Donner answered questions from the committee about how the legislature can help impacted communities.

02:15 PM

Ms. Donner discussed the Community Development Block Grant Disaster Recovery (CDBG-DR) Program, referring to pages 7 and 8 of Attachment A. She stated that their goal is to get feedback from legislators, constituents, and local governments for the Partial Action Plan to the U.S. Department of Housing and Urban Development (HUD). She explained that the total damage assessment on page 9 of Attachment A is constantly changing as new information becomes available. Senator Renfroe asked if the impact of the spring runoff would be assessed later and included in the state's federal disaster assistance request. A copy of a letter from the Flood Disaster Study Committee to the HUD Secretary dated February 3, 2014, concerning CDBG-DR funds was distributed (Attachment B).

0221AttachmentB.pdf

02:21 PM

Kevin Klein, Director of Colorado's Division of Homeland Security & Emergency Management (DHSEM), discussed how DHSEM has collected data and is analyzing it to identify and mitigate areas threatened by flooding related to spring runoff. He stated that they are discussing funding issues with the Federal Emergency Management Agency (FEMA). Senator Renfroe asked if a resolution from the legislature would be helpful. Senator Lundberg asked about the areas they are analyzing. Senator Nicholson asked when the report concerning areas threatened by spring floods would be available. Representative Foote asked what the legislature could do to help the state's discussions with FEMA. Mr. Klein said that the legislature could best help with its support. Ms. Donner discussed Colorado's unique ownership laws for lands along and under rivers and streams.

02:31 PM

Ms. Donner discussed the action plan as outlined on page 11 of Attachment A regarding initial CDBG-DR allocation. She identified a budget for clearance and demolition and the need for waivers to use CDBG funds for homes, tourism marketing recovery, and debris removal. She stated that CDBG funds are not typically used for debris removal. She discussed programs the office has created for economic recovery in Estes Park. Ms. Donner answered questions from the committee regarding CDBG funding. Representative Singer asked about unmet needs. Ms. Donner continued to answer questions from the committee about the allocation of CDBG-DR grants, eligible recipients, and the state's action plan for use of these funds.

02:43 PM

James Davis, Executive Director, Colorado Department of Public Safety (DPS), discussed the role of DPS in helping impacted communities with federal disaster assistance applications. He also addressed concerns that the state is not allocating assistance grants quickly enough and identified measures to expedite the allocation of these moneys by hiring temporary staff and a contractor to assist with this duty.

02:51 PM

Mr. Klein discussed emergency work and answered questions from the committee regarding delays with FEMA reimbursements to communities, including the number and cost of public assistance projects.

02:53 PM -- Endangered Species Issues and Delays in Flood Mitigation Measures

In response to a question from the committee, Mr. Klein discussed federal requirements to protect the threatened Preble's Meadow Jumping Mouse from impacts related to infrastructure repair and mitigation projects. He explained that the state and federal government formed the Disaster Unified Review Team (DURT) to expedite the federal review of such projects to ensure the mouse is protected. He explained that emergency response projects have not been delayed by endangered species compliance issues. However, stricter standards apply to permanent construction projects to ensure that the mouse is not impacted. He estimated that delays related to the review process may add two days to the approval process for larger projects and should not substantially delay smaller projects.

03:01 PM

Mr. Klein explained that the Preble's Jumping Mouse habitat is primarily located in riparian areas and that most road repair projects are located outside of these areas. Consequently, endangered species compliance issues are not expected to delay road repair projects. Also, most infrastructure repair and mitigation projects located in riparian areas are exigent and are not expected to be substantially delayed by compliance issues.

03:06 PM -- Request for Information Concerning Continuity of Government

Senator Lambert discussed ReadyOp software for responding to emergencies and the continuity of government operations within DPS and between state and local governments. He asked if state personnel could be assigned to local governments temporarily during emergencies. He asked if the committee should consider funding a study to look at statewide and regional exercise plans and improved communications, and if there was a better way to move forward. Mr. Sobanet said that they would get back to the committee with additional information about state plans for continuity of government operations and whether there is a need for new state policies to encourage state and local government cooperation during disaster emergencies. Mr. Klein discussed the National Guard's authority to help local governments during emergencies. He discussed a platform called WebEOC and how local governments are required to file emergency plans with DOLA. Senator Lambert requested that DPS and DOLA provide information to the committee on the issue, including how to integrate local plans into state operations. He also requested that the committee keep the issue as an open discussion item.


BILL:	Request for Information Concerning Continuity of Government
TIME:	03:16:55 PM
MOVED:	Lambert
MOTION:	Request the Department of Public Safety and the Department of Local Affairs to provide information and recommendations to the committee on the continuity of government operations during disaster emergencies. The motion passed without objection.
SECONDED:	Young
		VOTE
	DelGrosso
	Foote
	Humphrey
	Jones	Excused
	Kefalas	Excused
	Lambert
	Lundberg
	Nicholson
	Singer
	Sonnenberg
	Renfroe
	Young

Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

03:20 PM -- LLS No. 14-0924 Flood Debris Cleanup Grants

Senator Renfroe discussed draft bill LLS No. 14-0924 (Attachment C) for Flood Debris Cleanup Grants. Mr. Sobanet responded to questions from the committee regarding the draft bill including ways to fund debris cleanup. Committee discussion ensued regarding the best way to fund cleanup grants and whether it should occur through a supplemental budget request for FY 2013-14, the FY 2014-15 Long Appropriations bill, an amendment to Senate Bill 14-121, or a separate bill. Senator Lambert suggested that the committee ask for the Joint Budget Committee (JBC) staff to recommend funding options for debris cleanup. Representative Foote discussed his support for flood debris grants. Representative Singer stated that he would like the Colorado Water Conservation Board (CWCB) to be reimbursed from federal disaster assistance moneys for money spent from CWCB funds for flood recovery.

0221AttachmentC.pdf

03:27 PM -- SB 14-121 Assistance To Local Government After A Disaster

Senator Lambert stated that page 6 of LLS No. 14-0924 may have a connection to Senate Bill 14-121. He offered to do a third reading amendment in the Senate if the committee has any changes. Ms. Donner requested an amendment to make sure that all of the federally funded disaster programs that have a cost-share are eligible. She discussed how the bill currently only applies to FEMA and the Federal Highway Administration and excludes Natural Resource Conservation Service (NRCS) and its agriculture programs. Senator Lambert agreed to the change.

03:35 PM -- LLS No. 14-0924 Flood Debris Cleanup Grants

Representative Sonnenberg and Senator Renfroe discussed ways to move forward with the bill draft concerning flood debris cleanup grants. Committee discussion ensued regarding how the committee can make changes to the bill in a timely manner and the need for future committee meetings. Senator Lambert discussed the supplemental appropriation process when the legislature is not in session. Senator Lambert recommended that the bill drafter coordinate with JBC staff to determine how the grants should be funded. Representative Sonnenberg said he would talk with the CWCB concerning whether it would be willing to administer the grant program. Senator Lambert requested that the draft bill be amended to include the use of gifts, grants, and donations.

0221AttachmentD.pdf


BILL:	LLS No. 14-0924 Flood Debris Cleanup Grants
TIME:	03:43:28 PM
MOVED:	Sonnenberg
MOTION:	Move to approve draft bill LLS No. 14-0924, Flood Debris Cleanup Grants, as amended (Attachment D). The motion passed on a vote of 9-0, with 3 excused.
SECONDED:	Young
		VOTE
	DelGrosso	Yes
	Foote	Yes
	Humphrey	Yes
	Jones	Excused
	Kefalas	Excused
	Lambert	Yes
	Lundberg	Excused
	Nicholson	Yes
	Singer	Yes
	Sonnenberg	Yes
	Renfroe	Yes
	Young	Yes

Final YES: 9 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

03:44 PM -- HB 14-1250 School District Payments for Floods and Total Program

Senator Lambert updated the committee on the status of House Bill 14-1250. This JBC bill appropriates money from the General Fund to the Contingency Reserve Fund and directs the State Board of Education to provide supplemental assistance to school districts based on:

enrollment reductions caused by pupil displacement from the September 2013 floods;
flood-related transportation costs;
significant decreases in total program funding due to unexpected decreases in assessed valuation and a decrease of more than $500 in per pupil revenue; or
significant decreases in per pupil revenue resulting from unexpected increases in funded pupil count.

Senator Lambert also updated the committee on the status of House Bill 14-1004. This reengrossed bill reorganizes certain functions within the Department of Public Safety (DPS) related to emergency management. It also eliminates the Governor's Disaster Emergency Council and authorizes the Governor to provide financial assistance to individuals and families upon a gubernatorial declaration rather than requiring a presidential declaration of a disaster emergency. Senator Lambert also discussed House Bill 14-1243 that provides a $2 million supplemental appropriation to the Department of Personnel and Administration for persons impacted by the Lower North Fork Fire.

03:49 PM -- LLS No. 14-0536 BEST Money for Flood Damaged Public Schools

Representative Young discussed LLS No. 14-0536 (Attachment E) and the Building Excellent Schools Today (BEST) program. He said the the intent is to give school districts the ability to respond to emergencies in a quick and effective way. He said the draft bill waives the usual match and gives damaged schools priority. Senator Lambert discussed different funding streams that may be available to assist schools. He said that there is very little data on the marijuana excise tax revenue stream. He suggested that legislative staff speak to JBC staff to identify other sources of revenue that may be available.

0221AttachmentE.pdf

03:53 PM -- Nicole Myers, Legislative Legal Services, clarified the funding streams specified in the bill and answered questions from the committee. She said that the first $40 million of the marijuana excise tax will go into the BEST fund. Ms. Myers and Representative Young explained how this bill fixes a drafting oversight from 2013. Senator Renfroe asked if this bill conflicts with Senate Bill 14-172.

03:57 PM -- Scott Newell, representing the Division of Public School Capital Construction Assistance, testified in support of the drafted bill. He described how this bill would waive the match requirement for a flood damaged school in the grant application process. He answered questions from the committee regarding how the waiver would be applied and the role of the BEST Board in the allocation of capital construction assistance.


BILL:	LLS No. 14-536 BEST Money for Flood Damaged Public Schools
TIME:	04:06:12 PM
MOVED:	Young
MOTION:	Move to approve draft bill LLS No. 14-0536, BEST Money for Flood Damaged Public Schools (Attachment E). The motion passed on a vote of 8-0, with 4 excused.
SECONDED:	Nicholson
		VOTE
	DelGrosso	Excused
	Foote	Yes
	Humphrey	Yes
	Jones	Excused
	Kefalas	Excused
	Lambert	Yes
	Lundberg	Excused
	Nicholson	Yes
	Singer	Yes
	Sonnenberg	Yes
	Renfroe	Yes
	Young	Yes

Final YES: 8 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

04:10 PM

Senator Lambert suggested changing the word "flood" to "emergency" or "disaster". Senator Renfroe said that the long title is accurate but the short title needs to be changed. Committee discussion ensued. The committee discussed sponsorship on various bills.

04:15 PM -- LLS No. 14-0748 Flood Recovery Recognition Joint Resolution

Representative Singer discussed draft bill LLS No. 14-0748 (Attachment F). The draft resolution recognizes flood recovery efforts throughout the state. He discussed three changes that were incorporated into the whereas clauses since the last time the committee met. He discussed how "unmatched" was changed to "devastating" to describe the disaster, and how DPS and local governments were added. Senator Lambert requested that the committee add the Colorado Mounted Rangers to (1)(d). Representative Singer agreed to add it to the fourth whereas clause and a resolved clause.

0221AttachmentF.pdf


BILL:	LLS No. 14-0748 Flood Recovery Recognition Joint Resolution
TIME:	04:20:23 PM
MOVED:	Singer
MOTION:	Moved to approve LLS No. 14-0748, Flood Recovery Recognition Joint Resolution (Attachment F), as amended. The motion passed on a vote of 7-0, with 5 excused.
SECONDED:
		VOTE
	DelGrosso	Excused
	Foote	Yes
	Humphrey	Yes
	Jones	Excused
	Kefalas	Excused
	Lambert	Yes
	Lundberg	Excused
	Nicholson	Yes
	Singer	Yes
	Sonnenberg	Excused
	Renfroe	Yes
	Young	Yes

Final YES: 7 NO: 0 EXC: 5 ABS: 0 FINAL ACTION: PASS

04:22 PM -- LLS No. 14-0925 South Platte River Post-flood Phreatophyte Study

Senator Renfroe discussed LLS No. 14-0925 (Attachment G). The bill draft directs the CWCB to evaluate the growth of phreatophytes, which are deep-rooted plants that absorb water from the water table or the layer of soil just above the water table, along the South Platte River in the aftermath of the September 2013 flood. He said prior experience with floods indicates that the water may spread phreatophyte seeds leading to expansive growth of these plants. Jennifer Berman, Legislative Legal Services, discussed how the proposed study would look at non-beneficial, consumptive water use related to these plants and determine the cost to clean it up. Senator Lambert provided a brief background on funding for the noxious weed management program. He suggested that staff check with the Department of Agriculture to see if this study could be funded through the Noxious Weed Management Program that will receive $725,000 in the FY 2014-15 Long Appropriations Bill for noxious weed management activities. Committee discussion ensued.

0221AttachmentG.pdf


BILL:	LLS No. 14-0925 South Platte River Post-flood Phreatophyte Study
TIME:	04:30:52 PM
MOVED:	Young
MOTION:	Moved to approve draft bill LLS No. 14-0925, South Platte River Post-flood Phreatophyte Study (Attachment G), and allow the sponsors to determine if the phreatophyte study is better funded through the Long Bill appropriations to the Noxious Weed Management Fund. The motion passed on a vote of 7-0, with 5 excused.
SECONDED:	Humphrey
		VOTE
	DelGrosso	Excused
	Foote	Yes
	Humphrey	Yes
	Jones	Excused
	Kefalas	Excused
	Lambert	Yes
	Lundberg	Excused
	Nicholson	Yes
	Singer	Yes
	Sonnenberg	Excused
	Renfroe	Yes
	Young	Yes

Final YES: 7 NO: 0 EXC: 5 ABS: 0 FINAL ACTION: PASS

04:31 PM -- Public Testimony

Senator Renfroe invited members of the public to speak.

04:32 PM -- Don Parcher, Boulder Flood Relief, discussed the organization's work during and after the September floods. He said that he is concerned that Senate Bill 14-138 currently requires organizations to have 501(c)(3) status to receive civil immunity. He said that it took several months for his organization to get this nonprofit status, and this language would hinder groups like his and Mudslingers immediately after the flooding started. He said that the language regarding licensed volunteers is also a problem because some volunteers do not have a license and a license is not needed to perform certain recovery activities. He discussed a needs assessment that is currently being conducted. He discussed lost opportunities due to a lack of coordination and communication during the initial stage of the flood response.

04:42 PM

The meeting was adjourned.