I_WMRC_2018A 10/02/2018 12:59:37 PM Committee Summary

Larimer County Sheriff Justin Smith, County Sheriffs of Colorado, testified about the role of county sheriffs in fighting wildfires. A copy of Sheriff Smith's presentation slides is available as Attachment A. He described the sheriffs' statutory duties. Justin Witzell, Emergency Operations, Larimer County Sheriff's Office continued to describe the sheriff's office role during a wildfire. Sheriff Smith noted the role of the Colorado National Guard in supporting emergency management efforts.

Sheriff Smith continued by discussing the varied situations for different counties around the state.

Mr. Witzell discussed the efforts by the County Sheriffs of Colorado, including their fire management and incident command school for new sheriffs and undersheriffs.

Sheriff Smith provided examples from the High Park Fire in Larimer County.

Committee members discussed Sheriff Smith's testimony.

Mr. Smith discussed the creation of RWEACT, its governance, and the positive results of its collaborative work after the West Fork Complex fire. He cited improved resiliency, regional cooperation, and better radar to improve early storm warning.

Carol Ekarius, Coalition for the Upper South Platte, and Mark Morgan, Morgan Timber Products, presented on behalf of the Forest Health Advisory Council (FHAC). Their presentation slides are available as Attachment C. Committee members also received two handouts from the council [Attachments D and E].

Ms. Ekarius described the FHAC's work since its creation in 2016, and she noted problems facing the state's forests.

Mr. Morgan and Ms. Ekarius discussed the challenges of wildfires and their impact on watersheds.

Ms. Ekarius discussed the Waldo Canyon Fire and its costs to federal, state, and local governments, noting that local governments bear the majority of the long-term costs.

Mr. Morgan and Ms. Ekarius discussed the need to provide some immunity for prescribed fire to burn excess fuels. They explained FHAC recommendations concerning wildfire and prescribed fire, including allowing state agencies to assist private landowners with pile burns. They noted recommendations they have provided to the State Forester and others.

Committee members discussed forest health with Mr. Morgan. Ms. Ekarius and Mr. Morgan responded to questions about logging permits and the role of the US Forest Service in the timber industry.

Mr. Morgan responded to questions about the needs of the timber industry in Colorado, including streamlining documentation and regulatory requirements.

Commissioner Jeff Baker, representing Arapahoe
County, testified in support of Bill 4.  He explained the county's
need for flexible limitations on fireworks sales.



Ron Carl, Arapahoe County Attorney, discussed the difficulty of implementing
a ban by county ordinance.

Commissioner Baker and Mr. Carl responded
to committee member questions.

Sheriff Smith returned to the table to respond to committee member questions about fireworks bans.

Commissioner Baker continued to respond to committee member questions.

Representative McLachlan read comments from Ouray County Commissioner Ben Tisdel [Attachment F].

Vanessa Reilly and Julia Jackson, Legislative Council Staff, provided an overview of the bill request process.



Senator Coram presented Bill 1 [Attachment G], concerning development of a system to patrol the airspace of wildland fires.



Committee members discussed the bill.  Melissa Lineberger, Division of Fire Prevention and Control, responded to committee member questions about the bill.

Conrad Imel, Office of Legislative Legal Services, offered further clarifications about the bill request process. Senators Coram and Fields agreed to start the bill in the Senate and serve as co-prime sponsors of the bill, with Representative McLachlan as the House sponsor. Senators Cooke and Marble asked to be added as cosponsors. The committee granted the drafter permission to make technical changes to the bill draft.

Representative McLachlan presented Bill 2 [Attachment H], concerning measures to mitigate the effects of wildfires within wildland-urban interface areas, and, in connection therewith, authorizing cooperative agreements between fire protection providers and homeowners' associations to promote wildfire preventio nand mitigation and creating a state income tax credit to reimburse homeowners for specified expenses incurred in satisfying wildfire prevention and mitigation guidelines.

Representative McLachlan offered Amendment #1 [Attachment I], a strike-below amendment.  Committee members discussed the bill and the amendment, including suggesting a change to the amendment.

Committee discussion continued on Amendment #1 and its possible TABOR implications.

Committee discussion ensued on the bill as amended.

Representatives McLachlan and Carver agreed to be co-prime sponsors of the bill and start it in the House, with Senator Fields as the Senate sponsor.

Bob Lackner, Office of Legislative Legal Services, requested permission to work with sponsors to prepare the adopted amendments, which the committee granted.

Representative Carver presented Bill 3, concerning the establishment of the Colorado fire commission [Attachment J].

Representative Carver discussed Amendment #1 [Attachment K] to Bill 3. Sheriff Smith returned to the table to respond to committee member questions. Committee discussion continued.

Mike Morgan, Division of Fire Prevention and Control, came to the table to discuss Bill 3. He explained the motivation for the bill and the various stakeholders that should be involved in the commission. Mr. Lester returned to the table to discuss the role of the commission and its interaction with the Colorado State Forest Service. Committee discussion continued.

Representative Carver and Senator Fields agreed to sponsor the bill and start the bill in the House.  The committee granted permission to the drafter to make technical changes to the bill draft.

Senator Fields presented Bill 4, concerning the power of a county to restrict the use of fireworks during the period between May 31 and July 5 of any year [Attachment L].

Senator Fields and Representatives Gray and Hooton agreed to sponsor the bill and start it in the Senate. The committee granted the drafter permission to make technical changes to the draft.