Wildfire Matters Review Committee (09/26/2014)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	09/26/2014	ATTENDANCE

Time:	09:02 AM to 11:29 AM	Buck	X
		Exum	*
Place:	SCR 356	Jones	X
		King	X
This Meeting was called to order by		McLachlan	*
	Senator Nicholson	Nordberg	E
		Roberts	X
This Report was prepared by		Tochtrop	X
	Bo Pogue	Hamner	X
		Nicholson	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Report: Wildfire Preparedness Activities Undertaken at the Local Level Public Testimony Concerning Draft Legislation Consideration of and Final Action on Draft Committee Legislation Other Business		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Approve Bills 1, 2, 3, 5, 6, and 7 to Legislative Council Witness Testimony and/or Committee Discussion Only

09:03 AM -- Report: Wildfire Preparedness Activities Undertaken at the Local Level

The committee was called to order. A quorum was present. Ms. Meghan Storrie, Legislative Liason for the Colorado Municipal League, and Mr. Andy Karsian, Legislative Liaison for Colorado Counties, Inc., briefed the committee on wildfire preparedness activities undertaken at the local level. Committee members received a report cataloguing these preparedness activities (Attachment A). Mr. Karsian discussed the findings in the report and the appendixes to the report. Ms. Storrie discussed the role of municipalities in wildfire preparedness.

140926 AttachA.pdf

Senator Jones asked a question regarding the minimum requirements for universal coverage. Mr. Karsian spoke on local jurisdictions with no building codes and said that such properties are still covered under state inspections. Ms. Storrie said that the majority of municipalities have a building code.

09:15 AM

Senator Roberts asked a question regarding state and non-governmental partnerships with local governments. She also asked what municipalities and counties that do not have building codes are doing to address wildfire issues. A map of wildfire risk reduction program grant application recipients was distributed to the committee members (Attachment B).

140926 AttachB.pdf

Mr. Karsian discussed state and non-governmental partnerships with local governments. Ms. Storrie provided information on municipalities in the wildland-urban interface area.

09:29 AM

Representative Hamner discussed the need to meet goals and to evaluate current progress in local government efforts to mitigate wildfires. Mr. Karsian discussed consolidating information by sharing ideas between local governments.

Senator Roberts asked a question regarding funds from the Department of Natural Resources to mitigate risk. Mr. Karsian and Ms. Storrie discussed the definition of progress and the different opportunities for success of local governments.

09:38 AM

Senator Jones asked a question regarding building codes. Mr. Karsian discussed local and state requirements for building codes. Ms. Storrie provided information on state inspections.

09:43 AM -- Public Testimony Concerning Draft Legislation

09:44 AM -- Chris Olson, representing the USA Firefighting Air Corps, distributed an informational document to the committee (Attachment C). Mr. Olson provide information regarding private partnership to support Colorado air fleet services.

140926 AttachC.pdf

09:47 AM -- Sarah Thorsteinson, representing the Summit Association of Realtors, introduced herself to the committee. She discussed the impact of the Governor's Insurance Task Force recommendations on mountain property real estate and homeowners. Ms. Thorsteinson spoke on information outreach in Summit County regarding wildfire mitigation and emergency preparedness.

Representative Buck spoke on the importance of town hall meetings to inform the public. She asked for clarification on risk management and insurance rates. Ms. Thorsteinson provided information on mountain communities regarding insurance. Representative Buck asked if any insurance companies are not providing insurance in Summit County due to fire risks.

Representative Hamner spoke on the importance of town halls to address issues and concerns on wildfire risks.

09:58 AM -- JoAnn Groff, Property Tax Administrator, and Kurt Settle, representing the Division of Property Taxation in the Department of Local Affairs, spoke on Bill # 6. Ms. Groff spoke on the duties of the Property Tax Administrator in Colorado statute. She spoke on the classification of agricultural properties following a natural disaster. Ms. Groff said that she did not have the authority to make the classification for agricultural land and discussed the importance of providing such authority. Ms. Groff asked that the start date for the bill be changed from January 1, 2014, to January 1, 2012.

Representative Hamner asked how many agricultural properties fall into this category. Ms. Groff provided information on properties that lose agricultural property designation.

Ms. Groff answered questions from the committee regarding the designation requirements for agricultural land and forest agricultural land. She said that a forest agricultural plan and Colorado State Forest Service authorization is needed for designation.

10:12 AM

The committee members discussed the use of designated agricultural property and potential abuse of the agricultural designation. Mr. Settle discussed the production requirements to obtain agricultural designation and the tax credit. Ms. Groff discussed the requirements of the draft bill and the current use of properties designated as agricultural land. She also spoke on the role of state assessors in the designation process.

10:23 AM -- Paul Cooke, Director of the Division of Fire Prevention and Control (DFPC) in the Department of Public Safety, introduced himself to the committee. He discussed current laws regarding state building codes, referencing the committee discussion with Ms. Storrie and Mr. Karsian. Director Cooke responded to questions regarding a study released by the University of Colorado concerning forest fire severity across differing landscapes. He also provided input on the bills to be considered by the committee.

10:33 AM -- Consideration of and Final Action on Draft Committee Legislation

The committee opened a discussion on potential legislation. Bo Pogue, Legislative Council Staff, discussed some procedural issues surrounding the legislation approval process. Senator Roberts presented Bill 3, concerning the extension of sovereign immunity to cover state employees conducting prescribed fire activity. Senator Roberts noted some issues about the bill raised by the Attorney General's Office. She distributed and discussed Amendment #1 to Bill #3 (Attachment D).

140926 AttachD.pdf
BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	02:01:42 PM
MOVED:	Roberts
MOTION:	Approve Amendment #1 to Bill #3. The motion passed without objection.
SECONDED:
		VOTE
	Buck
	Exum
	Jones
	King
	McLachlan
	Nordberg	Excused
	Roberts
	Tochtrop
	Hamner
	Nicholson


YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	10:40:51 AM
MOVED:	Roberts
MOTION:	Refer Bill #3, as amended, to Legislative Council. The motion passed on a vote of 8-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	McLachlan	Yes
	Nordberg	Excused
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Excused

FINAL YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

10:42 AM

Representative Exum presented Bill #4, concerning changing the wildfire mitigation income tax deduction to the wildfire mitigation income tax credit. Representative Exum discussed the merits of the proposed legislation, and noted its potential cost.


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	10:45:28 AM
MOVED:	Exum
MOTION:	Refer Bill #4 to Legislative Council. The motion failed on a 4-4 vote.
SECONDED:
		VOTE
	Buck	No
	Exum	Yes
	Jones	Yes
	King	No
	McLachlan	Yes
	Nordberg	Excused
	Roberts	No
	Tochtrop	No
	Hamner	Yes
	Nicholson	Excused

FINAL YES: 4 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: TIE

10:47 AM

Representative Hamner presented Bill #5, concerning nongovernmental volunteer fire departments in Colorado, and, in connection therewith, enacting the "Volunteer Fire Department Organization Act".

Senator Jones noted some objections to the proposed legislation. Chief Jamey Baumgarner, representing the Wildland and Prescribed Fire Advisory Committee, provided input on the need for state legislation to create a framework of rules for volunteer fire departments.

Senator Roberts noted that the bill would be most applicable to the least populated areas of the state. Chief Baumgarner responded to questions regarding the potential disincentivization of training for volunteer firefighters.


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:01:08 AM
MOVED:	Buck
MOTION:	Refer Bill #5 to Legislative Council. The motion passed on a vote of 9-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	McLachlan	Yes
	Nordberg	Excused
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

FINAL YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:01 AM

Senator Roberts presented Bill #6, concerning the classification of agricultural land when the land is destroyed by a natural cause. Discussion ensued regarding an amendment to the bill as recommended during testimony. Ms. Esther van Mourik, Office of Legislative Legal Services, provided clarification about this potential amendment.


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	02:01:42 PM
MOVED:	Roberts
MOTION:	Conceptual amendment to Bill #6 page 3, line 11 strike "2014" and substitute 2012" and page 4, line 12 strike "2014" and substitute "2012". The motion passed without objection.
SECONDED:
		VOTE
	Buck
	Exum
	Jones
	King
	McLachlan
	Nordberg	Excused
	Roberts
	Tochtrop
	Hamner
	Nicholson
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:04:18 AM
MOVED:	Roberts
MOTION:	Refer Bill #6, as amended, to Legislative Council. The motion passed on a vote of 8-1.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	No
	King	Yes
	McLachlan	Yes
	Nordberg	Excused
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes
FINAL YES: 8 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:05 AM

Senator Nicholson presented Bill #1, concerning the continuation of funding for the wildfire risk reduction grant program. Senator Nicholson discussed the merits of the bill and Amendment #1 (Attachment E). Discussion ensued regarding the potential for amending the amendment to include certain veteran organizations.

140926 AttachE.pdf


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:09:05 AM
MOVED:	Roberts
MOTION:	Amendment #1 to Bill #1, as amended to include certain veteran organizations. The motion passed without objection.
SECONDED:
		VOTE
	Buck
	Exum
	Jones
	King
	McLachlan
	Nordberg	Excused
	Roberts
	Tochtrop
	Hamner
	Nicholson

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:10:18 AM
MOVED:	Tochtrop
MOTION:	Refer Bill #1, as amended, to Legislative Council. The motion passed on a vote of 9-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	McLachlan	Yes
	Nordberg	Excused
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

FINAL YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:13 AM

Senator Nicholson presented Bill #2, concerning a grant program to promote the use of woody biomass as a fuel source for public buildings. Discussion ensued regarding certain initiatives from the grant program.


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:15:13 AM
MOVED:	Nicholson
MOTION:	Refer Bill #2 to Legislative Council. The motion passed on a vote of 6-3.
SECONDED:
		VOTE
	Buck	No
	Exum	Yes
	Jones	Yes
	King	No
	McLachlan	Yes
	Nordberg	Excused
	Roberts	No
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

FINAL YES: 6 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:16 AM

Senator Nicholson presented Bill #7, a resolution concerning requests to the federal government regarding support for wildland fire suppression.


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:17:31 AM
MOVED:	Roberts
MOTION:	Conceptual amendment to include the Missionary Ridge Fire of 2002 in the resolution. The motion passed without objection.
SECONDED:
		VOTE
	Buck
	Exum
	Jones
	King
	McLachlan
	Nordberg	Excused
	Roberts
	Tochtrop
	Hamner
	Nicholson

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

Senator Jones distributed and discussed Amendment #1 (Attachment F).

140926 AttachF.pdf


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:18:07 AM
MOVED:	Jones
MOTION:	Amendment #1 to Bill #7, as amended to change line 3 from "169" to "162" and to include the Storm King Fire in the resolution. The motion passed without objection.
SECONDED:
		VOTE
	Buck
	Exum
	Jones
	King
	McLachlan
	Nordberg	Excused
	Roberts
	Tochtrop
	Hamner
	Nicholson

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Nicholson distributed and discussed Amendment #2 (Attachment G).

140926 AttachG.pdf


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:19:37 AM
MOVED:	Nicholson
MOTION:	Amendment #2 to Bill #7. The motion passed without objection.
SECONDED:
		VOTE
	Buck
	Exum
	Jones
	King
	McLachlan
	Nordberg	Excused
	Roberts
	Tochtrop
	Hamner
	Nicholson

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Consideration of and Final Action on Draft Committee Legislation
TIME:	11:20:32 AM
MOVED:	Roberts
MOTION:	Refer Bill #7, as amended, to Legislative Council. The motion passed on a vote of 9-0.
SECONDED:
		VOTE
	Buck	Yes
	Exum	Yes
	Jones	Yes
	King	Yes
	McLachlan	Yes
	Nordberg	Excused
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

FINAL YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:21 AM

The committee discussed sponsorship and the house of origin for each of the approved measures.

11:26 AM -- Other Business

Mr. Pogue spoke on the letter to the Joint Budget Committee regarding recommendations for funding for wildfire mitigation. He also spoke on the memorandum to House and Senate Agricultural Committees regarding recommendations pursuant to Senate Bill 14-164. He distributed a copy of the memorandum to the committee members (Attachment H). Senator Jones asked that a recommendation be added to the memorandum to include the State Forester as a voting member to the DFPC advisory commission.

140926 AttachH.pdf

11:29 AM

The committee adjourned.