I_WMRC_2019A 10/31/2019 01:06:00 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGINTERIM COMMITTEE WILDFIRE MATTERS REVIEW COMMITTEE Date 10/31/2019 Attendance Carver X Coram X Crowder X Cutter X Fenberg X Ginal X McCluskie * Will X Lee X Snyder X X = Present, E = Excused, A = Absent, * = Present after roll call Time 01:06:00 PM to 05:18:19 PM Place HCR 0112 This Meeting was called to order by Representative Snyder This Report was prepared by Julia Jackson Hearing Items Action Taken hColorado Springs Utlities Committee Discussion Only hColorado Rural Electric Association Committee Discussion Only hHardening the House Committee Discussion Only hCDPHE Air Pollution Control Division Committee Discussion Only hPublic Testimony Committee Discussion Only hApproval of Committee Legislation Interim committee bills approved Colorado Springs Utlities - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/B70A782F8626...$File/191031 AttachA.pdf?OpenElement 191031 AttachA.pdf 01:06:15 PM Eric Howell, Forest Program Manager, Colorado Springs Utilities, presented to the committee about the utility's efforts to protect water supplies. He provided slides to accompany his presentation (Attachment A). He discussed their partnerships with the US Forest Service and the Colorado State Forest Service. He noted program goals, including protecting water supplies, conducting meaningful forest treatments, and investing in healthier forests. 01:15:33 PM Mr. Howell continued to discuss forest management practices, including fuels mitigation treatments. He discussed the importance of addressing flooding after wildfires. He described the utility's prescribed fire program, using both pile burning and broadcast burning. Mr. Howell responded to a committee member question about safely conducting prescribed fires. He explained that planning, including contingency planning, is an essential component, as is paying careful attention to the weather. 01:28:53 PM Committee members discussed forest conditions and the costs of maintenance with Mr. Howell. Mr. Howell described additional partnerships with Colorado Springs Utilities, including the Coalition for the Upper South Platte and Coalitions and Collaboratives. He also discussed the utility's legislation and advocacy work. Colorado Rural Electric Association - Committee Discussion Only 01:38:58 PM Kent Singer, Executive Director of the Colorado Rural Electric Association, presented to the committee on electric cooperatives in Colorado. 01:43:03 PM Paul Erickson, Chief Executive Officer of Sangre de Cristo Electric, presented information about his electric co-op. He explained that their operating costs are very high, leading to high rates for consumers, and that they operate in highly forested areas. He discussed the challenge of maintaining power lines that cross US Forest Service and Bureau of Land Management lands, as well as Department of Transportation (CDOT) rights of way. He explained that his co-op is most concerned with dangerous trees, which come into contact with overhead lines. 01:47:21 PM Mr. Erickson explained that Sangre de Cristo Electric's lines are not always included on state maps, which makes fire mitigation planning difficult. He also discussed the difficulty of removing dangerous trees that are not in the co-op's right-of-way. He suggested that state law could help address these limitations. He responded to questions about power poles and clearing space around them. 01:56:36 PM Mark Johnston, Chief Executive Officer of Mountain Parks Electric, provided information about his electric co-op. He discussed his experience with wildfire management in Alaska. He noted that his co-op has right-of-way challenges similar to those faced by Sangre de Cristo Electric. 02:05:10 PM Mr. Johnston discussed insurance costs for utilities and the inability to obtain sufficient insurance to cover fighting a wildfire. He suggested that an insurance pool for electric co-ops might help, as would a stop-loss policy. 02:08:44 PM Mr. Erickson responded to a committee question about getting electricity generation and transmission companies to purchase biomass. 02:15:07 PM Mr. Singer pointed out that legislation could help clarify the negligence standards that apply to utilities. Mr. Erickson answered a question about Western Area Power Administration (WAPA) lines and the space cleared around them, which are designed as standard fire breaks. Mr. Johnston responded to a question about the right of way along distribution lines, which in Colorado is 20 feet surrounding the line. Mr. Erickson suggested doubling that space would be helpful. Committee discussion on rights of way and clearance continued. Hardening the House - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/50D8660641C6...$File/191031 AttachB.pdf?OpenElement 191031 AttachB.pdf 02:26:04 PM Michele Robbins, RPM Agency, introduced herself and presented a video on protecting homes from wildfires. She provided a handout to committee members (Attachment B). She discussed the importance of hardening the home, using fire resistant materials on houses. CDPHE Air Pollution Control Division - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/6730F174468C...$File/191031 AttachC.pdf?OpenElement 191031 AttachC.pdf 02:43:03 PM Scott Landes, Meteorology and Prescribed Fire Supervisor, Colorado Department of Public Health and Environment (CDPHE), introduced himself and the Air Pollution Control Division. His presentation was accompanied by slides (Attachment C). He discussed the health impacts from wildfire smoke and methods of protection from these effects. He described the division's air quality forecasts and how these forecasts are made. 02:51:39 PM Mr. Landes responded to questions about GOES-16 imagery, including monitoring of existing systems and how this can help spot wildfires quickly. He demonstrated forecasting imagery available to the division. 02:56:20 PM Mr. Landes described the techniques used to forecast wildfire smoke. He provided information about the number of air quality health advisories issued in 2018 and 2019 and in which counties they were issued. He also noted ways in which the advisories are distributed. Public Testimony - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/9F60EE14372E...$File/191031 AttachD.pdf?OpenElement 191031 AttachD.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/C49365EB8B4F...$File/191031 AttachE.pdf?OpenElement 191031 AttachE.pdf 03:11:49 PM Ben Tisdel, Ouray County Commissioner, testified remotely from Colorado Mesa University - Montrose. He provided two handouts for the committee (Attachments D and E). He discussed recent updates to the county's wildfire mitigation regulations for property owners. He noted the challenges of applying new regulations to existing buildings, but explained that his county has been able to do a great deal under existing law to regulate building construction. 03:25:05 PM Liz Peetz, representing the Colorado Association of Realtors and the Colorado Association of Homebuilders, testified on Bill 7 and a proposed strike-below amendment. She expressed concern with statewide building codes and the negative effects they could have on affordable housing. She added support for Bill 9 from both organizations. 03:30:56 PM Becky Brooks, representing Alert Wildfire, testified about the value of the Alert Wildfire program. 03:36:39 PM The committee recessed. Approval of Committee Legislation - Interim committee bills approved Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/B95F79249EED...$File/191031 AttachF.pdf?OpenElement 191031 AttachF.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/02FC32D6F357...$File/191031 AttachG.pdf?OpenElement 191031 AttachG.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/4E197BD9B4AA...$File/191031 AttachI.pdf?OpenElement 191031 AttachI.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/ABBD4E8C2810...$File/191031 AttachH.pdf?OpenElement 191031 AttachH.pdf 03:37:13 PM The committee reconvened. 03:46:54 PM Representative Snyder provided opening remarks about the bill approval process. Megan Waples, Office of Legislative Legal Services, further explained the process. Full text of the bill drafts and fiscal notes considered by the committee can be found online at: http://leg.colorado.gov/node/1480921/ 03:49:31 PM Representative Cutter pulled Bill 7 from consideration. Senator Coram discussed Bill 3, noting that he would have amendments. 03:53:51 PM Representative McCluskie presented Bill 1. She also proposed amendment #2 (Attachment F). Representative Carver described her work on the bill and stakeholder outreach, and the resulting changes to the Wildfire Risk Mitigation Grant Program proposed in the bill. 04:11:35 PM Motion Adopt amendment 2 to Bill 1. Moved McCluskie Seconded Carver Carver Coram Crowder Cutter Fenberg Ginal McCluskie Will Lee Snyder YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:11:36 PM Discussion continued regarding Bill 1. 04:12:44 PM Motion Recommend Bill 1, as amended, to Legislative Council. Moved Carver Seconded McCluskie Carver Yes Coram Yes Crowder Yes Cutter Yes Fenberg Yes Ginal Yes McCluskie Yes Will Yes Lee Yes Snyder Yes YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 04:12:45 PM Representatives Carver and McCluskie and Senators Coram and Fenberg agreed to be co-prime sponsors of Bill 1, and to start the bill in the House. Representatives Cutter, Will, and Snyder and Senators Lee and Ginal were added as sponsors. 04:15:34 PM Senator Crowder presented Bill 2. He also presented amendment #2 (Attachment G). 04:18:21 PM Motion Adopt amendment 2 to Bill 2. Moved Crowder Seconded Lee Carver Coram Crowder Cutter Fenberg Ginal McCluskie Will Lee Snyder YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:19:04 PM Committee members discussed Bill 2. 04:19:59 PM Motion Recommend Bill 2, as amended, to Legislative Council. Moved Crowder Seconded Coram Carver Yes Coram Yes Crowder Yes Cutter Yes Fenberg Yes Ginal No McCluskie Yes Will Yes Lee No Snyder No YES: 7 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS 04:20:00 PM Senator Crowder and Representative Will agree to be prime sponsors of Bill 2, and to start the bill in the Senate. Senator Coram and Representative Carver were added as sponsors. 04:21:43 PM Senator Coram presented Bill 3 and discussed amendment #1 (Attachment H). Committee discussion ensued. 04:26:57 PM Max Nardo, Legislative Council Staff, discussed the fiscal note for Bill 3. 04:28:59 PM Motion Adopt amendment 1 to Bill 3. Moved Coram Seconded Crowder Carver Coram Crowder Cutter Fenberg Ginal McCluskie Will Lee Snyder YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:29:53 PM Committee discussion of Bill 3 continued. 04:30:14 PM Mike Morgan, Division of Fire Prevention and Control, Colorado Department of Public Safety, responded to committee questions about the bill. 04:41:33 PM Motion Recommend Bill 3, as amended, to Legislative Council. Moved Coram Seconded Crowder Carver Yes Coram Yes Crowder Yes Cutter No Fenberg No Ginal No McCluskie No Will Yes Lee No Snyder No YES: 4 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL 04:41:33 PM Senator Lee presented Bill 4. 04:44:55 PM Motion Recommend Bill 4 to Legislative Council. Moved Lee Seconded Ginal Carver Yes Coram Yes Crowder Yes Cutter Yes Fenberg Yes Ginal Yes McCluskie Yes Will Yes Lee Yes Snyder Yes YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 04:44:56 PM Senator Lee and Representatives Snyder and Cutter agreed to be prime sponsors of Bill 4, and to start the bill in the Senate. Senators Fenberg and Ginal and Representatives McCluskie and Will were added as sponsors. 04:46:35 PM Senator Fenberg presented Bill 5. Committee members discussed the bill. 04:59:16 PM Motion Recommend Bill 5 to Legislative Council. Moved Fenberg Seconded Lee Carver No Coram Yes Crowder No Cutter Yes Fenberg Yes Ginal Yes McCluskie Yes Will No Lee Yes Snyder Yes YES: 7 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS 04:59:16 PM Senators Fenberg and Coram and Representatives McCluskie and Snyder agreed to be co-prime sponsors of Bill 5, and to start the bill in the Senate. Senators Ginal and Lee and Representative Cutter were added as sponsors. 05:00:40 PM Senator Coram presented Bill 6. Committee members discussed the bill. 05:06:39 PM No motion was offered on Bill 6. 05:06:51 PM Representative Cutter presented Bill 9 and amendment #1 (Attahchment I). Committee members discussed the bill. 05:14:52 PM Motion Adopt amendment 1 to Bill 9. Moved Cutter Seconded McCluskie Carver Coram Crowder Cutter Fenberg Ginal McCluskie Will Lee Snyder YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:15:38 PM Motion Recommend Bill 9, as amended, to Legislative Council. Moved Cutter Seconded McCluskie Carver Yes Coram Yes Crowder Yes Cutter Yes Fenberg Yes Ginal Yes McCluskie Yes Will Yes Lee Yes Snyder Yes YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 05:15:52 PM Representatives Cutter and Will and Senator Lee agreed to be prime sponsors of Bill 9, and to start the bill in the House. Representatives Snyder and McCluskie and Senators Fenberg and Ginal were added as sponsors. 05:18:19 PM The committee adjourned.