Wildfire Matters Review Committee (09/10/2014)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	09/10/2014	ATTENDANCE

Time:	09:07 AM to 02:54 PM	Buck	E
		Exum	*
Place:	SCR 356	Jones	X
		King	X
This Meeting was called to order by		McLachlan	X
	Senator Nicholson	Nordberg	*
		Roberts	X
This Report was prepared by		Tochtrop	X
	Damion Pechota	Hamner	X
		Nicholson	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Update on Multi-Mission Aircraft and CO-WIMS Colorado Wildland and Prescribed Fires Advisory Commission Public Testimony Recommendations to JBC and the Federal Government Waldo Canyon Fire Interim Committee Legislation Process Request for Drafting of Committee Legislation		Witness Testimony and/or Committee Discussion Only Recommend the Continuation of the Committee Witness Testimony and/or Committee Discussion Only Draft Letter and Resolution to JBC and Federal Government Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Draft Letter for Legislative Council to Request Bill Limit Waiver

09:07 AM

Senator Nicholson called the committee to order. A quorum was present.

09:08 AM -- Update on Multi-Mission Aircraft and CO-WIMS

Paul Cooke, Director, Colorado Division of Fire Prevention and Control (DFPC), distributed a map of the AeroColorado Hangar in Englewood, Colorado (Attachment A) and invited the committee members to visit the site to learn more about the air fleet program. Director Cooke discussed the state resources and air fleet missions assigned during the month of August. He spoke on new technological enhancements for the multi-mission aircraft (MMA) fleets and the performance expectations.

140910 AttachA.pdf

Director Cooke provided a brief introduction of the MMA's capability and mission successes. He distributed copies of his presentation to the committee (Attachment B) and discussed sensor programs.

140910 AttachB.pdf

09:19 AM

Director Cooke provided a summary of the Colorado Wildfire Information Management System (CO-WIMS) program. He said that the mapping system will be provided to the public with a color coding system to show information on fires. Director Cooke described the use and function of mapping fires to monitor the spread and access to resources.

Senator King asked a question regarding the response time to develop a fire map. Director Cooke said the goal is to get a plane off the ground within an hour and to provide mapping information as soon as possible. Senator King asked about the standardization of response times. Director Cooke discussed response times in relation to cost-effectiveness and job performance. He said that Colorado is able to provide more data and information than other states with existing programs.

09:30 AM

Director Cooke continued to provide a summary of CO-WIMS. He discussed the use of MMA by other states.

Senator King asked a question regarding the cost of other states and agencies to use the MMA. Director Cooke discussed the current and projected costs of the aircraft and provided information on the expected use of the program.

Senator Roberts asked a question regarding the public accessibility of the mapping programs. Director Cooke said that the base map of the program will be available to the public on the DFPC website. Senator Roberts asked about how quickly the information can be provided to the public. Director Cooke described the current CO-WIMS process and the involvement of DFPC.

Senator King asked a question regarding search and rescue using the CO-WIMS technology. Director Cooke said that search and rescue is not under the jurisdiction of DFPC. He discussed the sensor program and the possible uses of the technology. Senator King continued to discuss off-setting costs of the MMA and the potential uses for the CO-WIMS technology. Director Cooke discussed the possible uses of the MMA.

Senator Nicholson discussed the Lower North Fork Fire and the opportunity for technology to identify hot spots to reduce risks to firefighters.

09:43 AM

Director Cooke discussed the air space used by the MMA and said it will not impact fire fighting efforts. He provided information on the communication systems used by the MMA.

Senator King asked a question regarding federal government air support and resources. Director Cooke discussed the state and federal partnership. Senator King also asked about night operation technology.

09:53 AM

Senator Roberts asked a question regarding the expense of the CO-WIMS program and efforts to mitigate costs. Director Cooke discussed the charges to use the MMA for different entities and the sustainability of the program.

Senator King discussed the need to provide resources to continue the innovation of technology. Director Cooke spoke on implementing a fee to support the continued innovation of MMA technology.

Senator Jones asked a question regarding billing categories for the use of the aircraft.

10:01 AM -- Creation of Colorado Wildland and Prescribed Fires Advisory Commission

Director Cooke provided information, pursuant to Senate Bill 14-164, regarding the creation of the Colorado Wildland and Prescribed Fires Advisory Commission (the advisory committee). The committee members were provided a copy of the Executive Order for the creation of the advisory committee(Attachment C) and the potential changes to Colorado Revised Statutes to continue the advisory committee as a statutory commission (Attachment D). Director Cooke said that the advisory committee is working and that his only recommendation is to extend its existence. He spoke on the success of the advisory committee.

140910 AttachC.pdf

140910 AttachD.pdf

Senator Roberts said that the advisory committee should not be placed in statutes and discussed the need to address the impact of wildfire on the western slope. Director Cooke said that a greater distribution of representation should be considered.

Senator Jones said that science and forest service professionals should be included on the advisory committee. Director Cooke discussed the need to address forest health and scientific strategy.

10:15 AM

Representative Exum shared his concerns regarding the continuation of the Executive Order. Director Cooke said that only way to ensure continuation is through legislation.

Senator Roberts said that making the advisory committee a statutory commission will create less flexibility to address issues and needs. Director Cooke discussed the changes that would be made if the advisory committee was governed by statute.

Senator Nicholson discussed the need to have someone from the Colorado Department of Public Health and Environment (CDPHE) on the advisory committee to consider issues related to public health and air quality.

Director Cooke said that he will recommend to the Governor that the Executive Order be amended to include a science advisor, a representative from CDPHE, and a representative from the Western Slope.


BILL:	Creation of Colorado Wildland and Prescribed Fires Advisory Commission
TIME:	10:24:32 AM
MOVED:	Roberts
MOTION:	To recommend the continuation of the Colorado Wildland and Prescribed Fires Advisory Committee as an executive committee with recommendations to be presented to the Governor's Office from the Colorado Division of Fire Prevention and Control. The motion passed on a vote of 8-0.
SECONDED:
		VOTE
	Buck	Excused
	Exum	Yes
	Jones	Yes
	King	Yes
	McLachlan	Excused
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Yes

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

10:26 AM -- Public Testimony

10:26 AM -- Chris Olson, representing USA Firefighting Air Corps, introduced himself to the committee. He discussed the role of private sector research and development to address wildfires. Mr. Olson spoke on public and private partnerships to enhance aircraft capabilities and the need to provide greater resources for firefighting efforts. He provided a handout to the committee (Attachment E). He said that there are no costs to the state except to provide cooperation.

140910 AttachE.pdf

Senator King asked questions regarding the total cost of aircraft renovation and if Colorado companies would be used. Mr. Olson said that the current costs are unknown. He said that the aircraft would be under private ownership with a lease to the state.

Senator Nicholson discussed the value of leasing equipment and the use for experts for maintenance. Mr. Olson discussed the benefits for the companies and the minimal impact on the state. He said that it is important to continue the programs in order to end reliance on federal air fleets. Senator Nicholson said that the committee needs to be provided with the leasing information.

Senator King asked about the use of leased aircraft in relation to the federal government and if DFPC would remain in control of the air fleet. Mr. Olson said that the companies need the cooperation of the state government. He said that Director Cooke and DPFC would directly oversee all air fleet operations.

10:39 AM -- R.C. Smith, Fire Recovery Manager, El Paso County, introduced himself to the committee. He discussed the wildfire recovery efforts in El Paso County. Mr. Smith discussed the impact of sediment in the area due to the fire destruction. He said that there needs to be resources available for wildfire recovery and sediment impact.

Senator King said that natural disaster recovery in Colorado Springs is unique because of wildfires and floods. He said the legislature needs to provide recovery resources for El Paso County. Mr. Smith discussed the difference in recovery from the different areas in El Paso County and the impact on water sources.

10:48 AM

Senator King asked how much of the unburned areas in El Paso County are state or federal land. Mr. Smith said that he did not have exact data, but that most of the unburned area is federal land. Senator King asked about the control of the watershed.

Representative Exum discussed the potential impact of storm water. Mr. Smith spoke on the storm water initiative.

10:53 AM -- Recommendations to JBC and the Federal Government

Senator Jones discussed the September 2013 floods in Colorado. He thanked the state agencies and discussed the need to continue recovery efforts.

Representative Hamner provided a brief summary of the recommendations presented to the committee regarding the Joint Budget Committee (JBC) and the federal government.

Senator King discussed the impact of wildfire and flood impacts on Colorado and the need to provide sufficient recovery efforts. He said that funding to sustain Colorado's aviation program is important for the protection of state resources.

Senator Roberts asked for clarification on the recommendations for the JBC and the federal government.

11:00 AM -- Bo Pogue, Legislative Council Staff, was called to the table. He provided information on the recommendations for the JBC and the federal government. Senator Roberts asked if a joint meeting with the JBC is needed to address the needs of wildfire mitigation. Mr. Pogue said there are no restrictions for asking the JBC for a joint meeting. He said that the interim committee's charge is completed when the legislation has been sent to Legislative Council.

11:03 AM -- Viktor Bojilov, JBC Staff, was called to the table. Senator Roberts asked if a letter to the JBC would be sufficient to address needs. Mr. Bojilov said that either a letter to the JBC or a meeting are good ways to identify issues.

The committee discussed the recommendations for the JBC.

Mr. Pogue provided information regarding a letter for the JBC.


BILL:	Recommendations to JBC and the Federal Government
TIME:	11:08:46 AM
MOVED:	Roberts
MOTION:	Send a letter to the Joint Budget Committee regarding certain budget recommendations of the Wildfire Matters Review Committee. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Buck	Excused
	Exum	Yes
	Jones	Yes
	King	Yes
	McLachlan	Excused
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Excused

FINAL YES: 7 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

Senator Tochtrop discussed drafting a resolution to the federal government to express concerns regarding federal fire mitigation and aerial support.

The committee discussed the details of the resolution.


BILL:	Recommendations to JBC and the Federal Government
TIME:	11:10:48 AM
MOVED:	Tochtrop
MOTION:	Draft a resolution for the 2015 legislative session to be sent to the federal government regarding aerial equipment resources, the percentage of federal forest land in Colorado, and federal funding for fire suppression. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Buck	Excused
	Exum	Yes
	Jones	Yes
	King	Yes
	McLachlan	Excused
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Yes
	Hamner	Yes
	Nicholson	Excused

FINAL YES: 7 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

11:14 AM

The committee recessed.

01:30 PM

The committee returned from recess.

01:30 PM -- Waldo Canyon Fire

Mr. Steve Schopper, Audio/Visual Specialist for the Colorado Springs Fire Department, introduced himself to the committee. He provided a summary of his work documenting wildfires. Mr. Schopper provided information on the destruction of the Waldo Canyon fire and discussed the importance of showing the work of firefighters to save homes and neighborhoods.

The committee watched Mr. Schopper's film "The Fire Line: Wildfire in Colorado."

01:42 PM

The committee continued to watch the film.

01:53 PM

The committee continued to watch the film.

Mr. Schopper discussed the film and spoke on the importance of the subject matter. Senator Roberts discussed the need to have tools to educate the public.

Senator Nicholson asked about the mitigation of houses and neighborhoods prior to the Waldo Canyon fire. Mr. Schopper spoke on the different ways houses burned during the Waldo Canyon fire and the impact of good mitigation.

02:07 PM

Senator King asked about the construction of homes in high risk areas and the danger to firefighters. Mr. Schopper said that there needs to be realistic expectations for firefighters in areas of high risk. He discussed the importance of good mitigation to assist firefighters.

Senator Nicholson said that good mitigation lowers the risk for stopping the spread of a wildfire, but there are no guarantees.

Senator Tochtrop discussed the building materials of homes. She said that proper mitigation is necessary for the protection homes. Mr. Schopper said that personal responsibility is important to protecting property.

Senator Jones said that it is important to educate homeowners who build in a high risk area; it is only a matter of time before they are impacted by wildfire.

Senator Nicholson discussed the importance of educating the public on wildfire risks.

02:19 PM -- Interim Committee Legislation Process

02:20 PM -- Esther van Mourik, Office of Legislative Legal Services, discussed property tax law and said that there are concerns regarding agricultural land being assessed as vacant land after a wildfire. Ms. van Mourik said that changes to this policy must be done through legislation.

Senator Nicholson asked for clarification regarding legislation necessary to change the policy. Senator Roberts said it is important to give farmers time to recover a property after a wildfire.

Senator Tochtrop asked about the impact of flooding on agricultural land. Ms. van Mourik said that the property tax administrator has concerns regarding all natural disasters.

02:27 PM -- Bo Pogue, Bob Lackner, and Kate Meyer, introduced themselves to the committee. Mr. Pogue said that today is the final day to request legislation from the Office of Legislative Legal Services. He said that the next meeting, on September 26, 2014, will be to vote on draft legislation to send to Legislative Council. He presented a letter from Garry Briese, Executive Director of the Colorado State Fire Chiefs, regarding recommendations for legislation (Attachment F). He provided a brief summary of the bill draft process.

140910 AttachF.pdf

The committee discussed the draft bill process. Senator Roberts asked about the five bill limit. Mr. Pogue said that a letter can be sent requesting a waiver to the limit.

Representative Hamner asked about the sponsorship of draft bills. Mr. Lackner said that there is not a requirement that bills move forward with a sponsor.

02:35 PM -- Request for Drafting of Committee Legislation

Senator Nicholson discussed the recommendations that have been presented to the committee in previous meetings.

The committee members discussed ideas for committee legislation.

The committee requested the following topics to be drafted for legislation: 1) immunity protection for state employees from civil damages while in the course of their employment duties; 2) additional funding for type III All Hazard Management Teams; 3) change the wildfire mitigation tax deduction to a tax credit; 4) provide a statutory framework for non-governmental volunteer fire departments in areas of the state that do not have fire protection services; 5) reauthorize statewide mutual aid; 6) permit the use of wood products from wildfire areas; 7) and change the existing property tax policies to include agricultural land in areas affected by natural disasters.

02:46 PM

Director Cooke was called back to the table. He provided information on the Colorado State Fire Chiefs recommendations. He answered questions from the committee regarding mutual aid agreements.

The committee discussed drafting a letter to Legislative Council to request a waiver of the five bill limit.


BILL:	Request for Drafting of Committee Legislation
TIME:	02:49:20 PM
MOVED:	McLachlan
MOTION:	Draft a letter to Legislative Council to request a waiver for the five bill limit. The motion passed on a vote of 8-0.
SECONDED:
		VOTE
	Buck	Excused
	Exum	Yes
	Jones	Yes
	King	Yes
	McLachlan	Yes
	Nordberg	Yes
	Roberts	Yes
	Tochtrop	Excused
	Hamner	Yes
	Nicholson	Yes

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

Mr. Lackner and Mr. Pogue discussed the rules for waiving the bill limit.

02:54 PM

The committee adjourned.