Wildfire Matters Review Committee (09/09/2015)

Final
STAFF SUMMARY OF MEETING

WILDFIRE MATTERS REVIEW COMMITTEE

Date:	09/09/2015	ATTENDANCE

Time:	09:01 AM to 02:24 PM	Becker K.	X
		Buck	X
Place:	SCR 356	Cooke	X
		Hamner	X
This Meeting was called to order by		Jones	X
	Representative Singer	Merrifield	*
		Roberts	X
This Report was prepared by		Thurlow	*
	Julia Jackson	Baumgardner	X
		Singer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Forest and Watershed Restoration Federal Wildfire Issues Air Quality Standards Public Testimony Requests for Draft Committee Legislation		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 Recommend Draft Committee Legislation

09:03 AM -- Forest and Watershed Restoration

Paige Lewis, Director of Forest Restoration and Fire Programs, The Nature Conservancy, introduced the committee to the Upper South Platte Partnership (USPP). She provided information about the partnership (Attachment A) and discussed the problem of flooding in areas of wildfire damage. She described the partnership's funding source. Ms. Lewis noted that the partnership is receiving federal funding as a U.S. Forest Service pilot project.

150909 AttachA.pdf

Ms. Lewis answered a question from Representative Becker about where the partnership's money is being spent, emphasizing on-the-ground watershed treatment.

Senator Jones questioned the panel about forest types and wildfire forecasting.

09:13 AM

Don Kennedy, Environmental Planning, Denver Water, discussed the USPP. He explained that Denver Water gets 80 percent of its water from the Upper South Platte watershed. He discussed the Buffalo Creek and Hayman Fires and the impact of subsequent flooding on the Strontia Springs Reservoir, noting the difficulty of maintaining water quality after this type of event. Mr. Kennedy discussed the importance of treating strategic areas and using the most effective treatments.

09:21 AM

Representative Hamner asked whether other water basins have been targeted for similar programs and how the state could provide incentives for these programs. Mr. Kennedy explained that Denver Water would benefit from similar treatment plans on private lands throughout the state, but he noted that ponderosa pine forests in lower elevation areas have higher incidence of wildfires.

Representative Becker clarified with Ms. Lewis the types of state grants funding the USPP.

Madeleine West, Assistant Director for Parks, Wildlife, and Lands, Colorado Department of Natural Resources, explained that the Wildfire Risk Reduction Grant Program has been funded both by the General Fund and severance taxes. Ms. West noted that the entire fund will be expended in 2015, though the grant program is authorized through 2018. Representative Hamner and Senator Roberts discussed further funds for the program.

09:29 AM

Senator Jones and Mike Lester, Director, Colorado State Forest Service, discussed the use of grant funds for prescribed burning.

Ms. Lewis discussed the possible impact of ending grant funding on various projects in response to a question from Senator Baumgardner. Senator Roberts clarified the statutory provisions regarding prescribed burning. Mr. Kennedy added that treatment projects cannot proceed if all the funding is not in place.

Jamie Bernstein, representing herself as a landowner in South Conifer, discussed her participation in the USPP. She described the trees in her neighborhood and the mitigation work that has been done on her property and that of her neighbors. She stated that 90 percent of the trees in her community are gone, but the area still looks like a forest.

09:41 AM

Representative Becker and Ms. Bernstein discussed the landowners' responsibilities in the USPP. Ms. Bernstein noted that she paid taxes on the grant funds used for mitigation work on her property.

In response to a question from Representative Buck, Ms. Bernstein described her efforts to receive credit for the work from her homeowners' insurance. Ms. Bernstein noted that her insurance company was only interested in work done directly around her house. Representative Thurlow and Representative Becker discussed the nature of these funds as taxable income. Committee discussion with Ms. Lewis continued on this point.

Senator Roberts and Mr. Kennedy discussed the source of Denver Water's funding for watershed restoration and the impact of this on other capital projects.

09:46 AM

Mike Lester, Colorado State Forest Service, described the benefits of the USPP. He expressed hope that demonstrable success with this partnership will encourage the development of similar projects throughout the state.

Senator Roberts and Mr. Lester discussed the difficulty of removing large dead trees and improving other aspects of a burn scar. Discussion continued regarding the impact of fire-devastated areas on the state's water supply.

09:57 AM

Senator Jones and Mr. Lester discussed the role of naturally occurring fires in preventing insect infestations.
Rob Addington, Landscape Ecologist, The Nature Conservancy, answered questions from Senator Jones about wildfire behavior modeling and how modeling predicts the type of fires that might occur in an area. They continued to discuss the type of forests in particular landscapes.

10:06 AM

Senator Baumgardner asked about "miscellaneous" causes of wildfires. Paul Cooke, Division of Fire Prevention and Control, Department of Public Safety, explained that many types of causes are included in this category.

Senator Jones and Mr. Kennedy discussed soil quality in burn scar areas.

Mr. Cooke returned to address miscellaneous causes of wildfires, such as fireworks and agricultural burns. He further noted that the causes of many of these fires are unknown.

Senator Roberts and Mr. Cooke discussed new wildfire public safety tools. Mr. Cooke noted plans to improve the safety of prescribed burning. Mr. Lester emphasized the continued need for prescribed burning. Discussion continued on this point.

10:20 AM

Ms. Lewis invited committee members to view the USPP on the ground.

10:21 AM -- Federal Wildfire Issues

Julian Affuso, Deputy Director of Safety, Fire, and Aviation Management, U.S. Forest Service (USFS), described his wildfire work and background. He discussed fire conditions in the Rocky Mountain region and nationally. He stated that nationally, up to 98 percent of wildfires are suppressed on initial attack. He explained that conditions in 2015 have been favorable in Colorado, but a number of wildfires continue to burn across the west. Mr. Affuso further noted that most of the USFS firefighting resources in Colorado have been sent to other western states.

10:30 AM

Rick Cooksey, Director of State and Private Forestry and Tribal Relations, USFS, discussed USFS wildfire budget proposals. He noted that the wildland fire suppression costs for 2015 will far exceed the amount budgeted, resulting in funds being taken from other non-fire accounts to fight fires. He explained that these fund transfers lead to the deferral or cancellation of land management and fuels reduction projects on the ground. Mr. Cooksey continued to discuss funding impacts and noted that there are bills pending in the U.S. Congress that can effectively address these problems.

10:40 AM

Mr. Cooksey discussed the USFS role in the USPP.

Senator Baumgardner discussed National Forest road closures with Mr. Affuso. Mr. Cooksey added that USFS travel management plans take firefighting access into consideration when closing roads.

Senator Merrifield questioned Mr. Cooksey about the positions of Colorado's congressional delegation on USFS funding reform. Mr. Cooksey noted that the bills are bipartisan and several Colorado congress members have spoken in support of them.

10:47 AM

Senator Roberts discussed Colorado's investment in its own aerial firefighting fleet and asked how the USFS triages fires in multiple states. Mr. Cooksey explained that the USFS uses shared leadership and decision-making models, noting its work with local partners like Denver Water.

Discussion continued regarding the role of the federal government in environmental crises.

10:59 AM

Mr. Affuso discussed interagency firefighting operations.

Discussion continued regarding how the USFS prioritizes wildland fire response. Representative Buck responded to previous discussion on the role of the federal government in forest management.

11:09 AM

Mr. Cooksey discussed USFS programs to rehabilitate areas that have experienced fire. He noted that these programs must be done in partnership with other organizations when the burn areas are especially large. Senator Roberts responded to these comments.

11:15 AM -- Air Quality Standards

Gordon Pierce, Program Manager, Technical Services Program, Colorado Department of Public Health and Environment (CDPHE), discussed the department's prescribed fire smoke management program. Committee members received presentation slides (Attachment B). He listed the organizations receiving prescribed burn permits, noting that the largest are federal agencies. He described the meteorological conditions necessary to conduct a prescribed burn.

150909 AttachB.pdf

Mr. Pierce discussed the air quality hazards from smoke and problems with the management of prescribed fires. He described the U.S. Environmental Protection Agency's Air Quality Index and messaging on smoke particulates. He explained that CDPHE has changed its general philosophy on prescribed fires, now allowing them not to meet federal air quality standards in some cases.

11:39 AM

Senator Jones commented on the new CDPHE policy. Mr. Pierce described the department's messaging during prescribed burns and during wildfires.

Representative Hamner and Mr. Pierce discussed prescribed burn permit applications before and after CDPHE's policy changes. Mr. Pierce explained the difference between open burning, the permitting for which is often handled at the county level, and prescribed fires.

11:48 AM

Senator Roberts commented on the new CDPHE policy. Mr. Pierce noted that CDPHE does not need additional legislative changes to continue permitting prescribed fires in this way.

Representative Singer and Mr. Pierce discussed the actual health impacts of smoke from prescribed fires.

11:51 AM

The committee recessed for lunch.

01:03 PM -- Public Testimony

The committee reconvened.

01:04 PM -- John Simmons, representing the USA Firefighting Air Coalition, presented initiatives relating to improved air tankers. He provided a summary of his proposal (Attachment C) to committee members. He discussed the importance of upgrading existing air tankers, noting that current air tankers are mostly military surplus equipment. He suggested that the Center of Excellence for Advanced Technology Aerial Firefighting (Center of Excellence) work with the private sector to build new air tankers.

150909 AttachC.pdf

Representative Thurlow clarified with Mr. Simmons the type of aircraft being contemplated.

01:11 PM -- Gaspar Perricone, representing the Colorado Department of Natural Resources, presented information about the Wildfire Risk Reduction Grant Program. Committee members received a funding summary for the program (Attachment D). Representative Becker and Mr. Perricone discussed possible funding sources for continuing the program. Committee discussion continued on program funding and projects receiving grants.

150909 AttachD.pdf

Senator Roberts and Mr. Perricone discussed the staff support needed to continue the program.

01:25 PM -- Requests for Draft Committee Legislation

Bob Lackner, Office of Legislative Legal Services (OLLS), reminded the committee of the interim committee bill drafting process. After a bill draft request is made, committee members have until Tuesday, September 15, to provide details of the bill to OLLS. Mr. Lackner reminded the committee that fiscal notes will be prepared for all interim committee bills, and the drafting deadlines are designed to accommodate this.

01:32 PM

Committee members requested the following bills be drafted. Committee discussion ensued on the proposals. Mr. Lackner clarified that resolutions do not count against the bill limit. Proposals that were withdrawn are not included on this list.

1. Senator Merrifield: A bill to regulate homes built in forested areas in the state, possibly by way of a study committee.

2. Representative Thurlow: A bill to improve emergency communications in mountainous areas of the state, possibly charging the Center of Excellence with studying this issue.

3. Representative Hamner: A resolution commemorating firefighters killed in the line of duty.

4. Representative Becker: A bill changing the wildfire mitigation tax deduction to a tax credit.

5. Senator Roberts: A bill codifying the recommendations of the Advisory Committee on Wildland Fire and Prescribed Fire and cleaning up any statutory issues related to the advisory committee.

6. Senator Roberts: A bill authorizing the continuation of the Wildfire Risk Reduction Grant Program and allowing broadcast burns to be funded with the grants.

7. Senator Roberts: A resolution or memorial directing Congress to provide sustainable funding for the USFS, possibly joint with the Water Resources Review Committee.

8. Senator Jones: A bill allowing broadcast burns to be funded as part of watershed restoration programs.

9. Representative Singer: A bill creating a volunteer emergency auxiliary communications unit.

10. Representative Hamner: A bill facilitating more productive uses of biomass.

02:24 PM

The committee adjourned.