NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

F I S C A L   I M P A C T   R E P O R T

 

SPONSOR:

Romero

 

DATE TYPED:

02/13/03

 

HB

 

 

SHORT TITLE:

Fire Planning Task Force

 

SB

148/aSPAC/aSFL

 

 

ANALYST:

Valenzuela

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

$18.0 - $50.4

Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates House Bill 209

 

SOURCES OF INFORMATION

 

Legislative Finance Committee files

 

Responses Received From

Public Regulation Commission

Regulation and Licensing Department

Department of Finance and Administration

Energy, Minerals and Natural Resources Department

General Services Department

Department of Environment

 

SUMMARY

 

     Synopsis of SF amendment

 

The Senate Floor amendment #1 to Senate Bill 148 adds one more member to the task force, a representative of a volunteer fire department.

 

     Synopsis of SPAC amendment

 

The Senate Public Affairs Committee amendment to Senate Bill 148 adds two members to the task force: a representative of the Commissioner of Public Lands and a representative of the federal Bureau of Land Management, who would be appointed by the Governor.

 

 

 

     Synopsis of Original Bill

 

Senate Bill 148 proposes a nine-member fire planning task force to work with communities at-risk for forest fires to develop standards for building codes and ordinances to reduce the threat.  Assisted by EMNRD and DFA staff, the task force will hold public meetings to solicit community input on standards designed to better protect forested communities from the risks of wildfire. These standards for building codes and ordinances, according to the bill, shall recognize the distinction between altering existing situations and establishing standards for new construction, consider the benefits of thinning overgrown forests, conducting controlled burns, clearing spaces around homes and other structures, using noncombustible roofing materials and double-pane windows and take other fire suppression or prevention measures, and shall consider the impact to wildlife.

 

The bill identifies the members of the task force, who will be paid mileage and per diem for attendance at meetings and who shall elect the chair.  The bill requires the task force to seek public input from affected landowners, land users and local governments.

 

SB148 requires the task force to report its recommended legislation and progress to the legislature and governor by December 15th.

 

     Significant Issues

 

The bill makes recognition of two important points about the danger of forest fire and forested communities. First, improved building codes or construction materials may have a beneficial impact in reducing risk to structures during a forest fire. Second, zoning ordinances for wildland/urban interface areas could be designed to create a buffer area to better protect a community from an encroaching wildfire. The Forestry Division, in its marketing literature on this topic, identifies more than 540,000 acres of wildland urban interface. HB209 also makes clear that any standards must be sensitive to existing structures, presumably because new building codes or ordinances could place a significant burden on current land or homeowners in these communities.

 

DFA reports that it does not believe the Director of the Local Government Division should be on the task force. EMNRD suggests the bill be modified to include a representative of the Department of Game and Fish, which has expertise in management of wildlife and habitat.

 

FISCAL IMPLICATIONS

 

SB148 does not contain an appropriation. Enactment would have a measurable fiscal impact because it requires that members be paid mileage and per diem for meetings. The bill does not identify a required location or schedule for these meetings. The table below provides estimated costs for mileage and per diem for a nine-member board based on the number of meeting days and a range of average per member mileage and per diem rates from $125.00/day to $175.00/day. These figures include mileage and per diem for three support staffers.

 

 

 

 

 

Number of meeting days

$125.00

$150.00

$175.00

1

 $          1,500

 $         1,800

 $          2,100

5

 $          7,500

 $         9,000

 $        10,500

10

 $        15,000

 $       18,000

 $        21,000

12

 $        18,000

 $       21,600

 $        25,200

15

 $        22,500

 $       27,000

 $        31,500

20

 $        30,000

 $       36,000

 $        42,000

24

 $        36,000

 $       43,200

 $        50,400

25

 $        37,500

 $       45,000

 $        52,500

30

 $        45,000

 $       54,000

 $        63,000

A reasonable scenario would be for the task force to hold a one- or two-day meeting each month. The respective costs, for the task force, would range from $18.0 to $25.2 for 12 one-day meetings and $36.0 to $50.4 for 12 two-day meetings.

 

The bill does not identify any state agency that would be required cover the mileage and per diem costs.

 

ADMINISTRATIVE IMPLICATIONS

 

Enactment of SB148 would have an administrative impact on each of the state agencies included in the task force.

 

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

 

Senate Bill 148 duplicates House Bill 209. 

 

The Construction Industries Division of RLD reports that local jurisdictions may not adopt construction standards that are less stringent than state standards.  The issue has already grown contentious between local jurisdiction and state standards for construction materials such as straw bale used for home construction.

 

OTHER SUBSTANTIVE ISSUES

 

The interim legisative water and natural resources committee have held several hearings on the impact of forest fires to forested communities as has the Legislative Finance Committee. A requirement to present the task force findings to one or both of these legislative committees may be a good strategy for any potential legislation.

 

POSSIBLE QUESTIONS

 

What state agency would be required to cover the mileage and per diem costs for the task force ?

 

MFV/yr