Vermont Legislature SmartTranscripts:

[Matthew Birong (Chair)]: All right, we are live. Thank you. Welcome back to House Government Operations and Military Affairs. We're back with Tucker Anderson on draft request 20 six-five 50, which is our committee emergency management bill. Thank you for making time for us, Tucker. And I think you have a new version for us, which is draft 3.2, and it is posted to our webpage.

[Tucker Anderson (Legislative Counsel)]: Thank you. Tucker Anderson, Legislative Counsel, that is correct. Draft 3.2 is posted, timestamped, 03:10PM today. The updates, from the direction we communicated. The former section seven draft 3.1, which related to, including emergency evacuation plans within individualized education plans, IDPs, that has been taken out. You will notice a new section seven in its place. The town forest fire warden language has been added here and I'll have a note about, some of the charter issues that I brought up later and an apology to the town of Randolph for bringing them up in my testimony before because they're not a charter municipality. They just broadly advertise their fire for nonproval. So, section seven.

[Matthew Birong (Chair)]: So that is page 12. Thank you very much. We can all skip to page 12.

[Tucker Anderson (Legislative Counsel)]: So, page 12, section seven. This amends 10 VSA section 2,603 duties of the commissioner of, I believe, PR. States that the commissioner or designee shall be the state forest fire warden and may act as the town forest fire warden of any municipality or unorganized town or gore as provided in subchapter four, we will get to very quickly. The commissioner is granted the authority to exercise the duties of town forest fire wardens. There. Appoint special forest fire wardens and delegate the authority of the state warden to those special wardens. Take command and control of a forest fire in any municipality or unorganized town or gore in the state when it is necessary to do so or when resources are needed in addition to local resources and to act as the incident commander over all other fire officials. We're on page 13 now. Also to serve on the Northeastern Forest Fire Protection Commission or designate an appropriate department representative to serve in the commissioner's place. The commissioner has the authority to enter into mutual aid compact agreements as set forth in section twenty four sixty two of this title. Finally, the last piece of authority is to issue a ban on kindling fires on lands owned by the agency of natural resources when necessary. Section eight, we're on page 13 still. Amends 10 VSA chapter 83 sub chapter four. This is the entire sub chapter governing forest fires and fire prevention, specifically the town forest fire wardens, the state warden, and the duties to suppress forest fires. You move on to page 14, you'll see the new language that is in the beginning of this section. In chief of the fire department, fire district, or private fire department with the jurisdictional responsibility to respond to a municipality or unorganized town or gore is designated as the town forest fire warden. It shall have the authority to exercise all the powers and duties of a town forest fire warden or any municipality or vore that is covered by two or more fire districts or as two or more fire departments, municipality or gore shall designate one fire chief as the warden and notify the commissioner of the designation. Something that I flagged with, some of this language, and it's not an issue that necessarily has to be resolved, but, this brings in the private fire departments, and the private fire departments may be operating under contracts with the municipalities they serve. So you are adding a duty, a mandatory duty for the chief of that private fire department, which may not be reflected in the contracts with the municipalities at this time. I'm flagging that as a potential issue under contracts clause theory, article 10 of the US constitution, but it might not be that big of a deal. It also could likely just be resolved by adding something in here requiring municipalities to renegotiate their contracts before putting this in place. Okay. Subsection b, the new language. The chief of the fire department with the jurisdictional responsibility to respond to a municipality or gore, we're on page 15, as the fire warden may designate deputy wardens. The town forest fire warden is required to provide a list of all designated deputies to the commissioner. Deputy four is fire wardens shall only have the authority to issue permits to kindle a fire, so none of the other duties that are assigned. Chief. Subsection c, when a municipality or does not have a fire department or is not covered by a fire district, the municipality may contract with a neighboring fire department or fire district to designate the chief of the fire department or district to serve as the warden. Private fire department provides fire suppression control services to a municipality. The private fire chief of the private fire department may serve as the town forest fire warden when approved by the municipality or. Okay. Moving on to page 16. Amendments in subsection e. The amendment that's taking place here requires that the fire warden shall be employees of the Department of Forest Parks and Recreation with forest fire suppression control and training. On behalf of that page 16, amending twenty six forty two to add a reference to the deputy forest fire warden and to repeal language, relating to the pay associated. It's like $30 annually for fulfilling the requirements under 2,600 On 40 page 17, amending section 2,643. First in subsection a, a municipality in which a forest fire occurs shall pay the cost to suppress that fire if it occurs on land that is not owned by the agency of natural resources, including the cost of personnel and equipment. And the commissioner may, when funds have been appropriated or otherwise available, reimburse municipalities. So you're adding a proviso clause there. This happens when those funds have been appropriated or available. Subsection b, there's an amendment cleaning up, some of the references to municipalities and gores here, and then striking existing language and replacing it with reimbursement by the commissioner is if at a minimum the requirements in subsection c are satisfied. So you added a contingency. The commissioner may establish additional requirements and guidance regarding enforcement. We're on page 18. In subsection c, most of the existing language in subsection c struck and replaced with the following. For any forest fire on lands owned by ANR to be considered eligible for reimbursement from the state, a municipality, or organized Gore, shall at a minimum satisfy the following requirements. First, the warden of a municipality or Gore shall request assistance within one hour of discovery of the forest fire from the Department of Forest Parks and Recreation Wildland Fire Team for the suppression of the forest fire. Second, the town warden shall submit a report of the forest fire to the commissioner within twenty four hours after distinguishment. Third, the municipality or gore shall submit detailed documentation of the cost of suppression. And finally, the commissioner reviews and approves the request for reimbursement. Subsection d, new language. For request for reimbursement approved by the commissioner on land owned by the agency of natural resources, payment of the cost shall be made by the commissioner of finance and management to the municipality or core. The funds for the payment are to be taken from the appropriation for forest fire suppression. Okay. In 2644, what's proposed is some conforming amendments, to both language or relating to forests and references to particular municipal corporations with a general reference. On page 20, within twenty four hours of the discovery of the forest fire on lands not owned by ANR, the town forest fire warden shall notify FPR that the fire was discovered. A town forest fire warden shall prepare a report for all forest fires in the jurisdiction that includes at a minimum the following. Existing requirements here, a record of the wardens acts, the number of fires and causes of those fires, areas burned over, and the character and amount of damages done in the jurisdiction. In subsection d, the town warden may designate a deputy town forest fire warden when necessary. The town warden shall provide a list of all deputy wards designated to the commissioner, and this language appears to be a repeat of what was proposed in the earlier section. In subsection e, within twelve hours of granting permission to kindle a fire pursuant to section twenty six forty five, the town force fire warden or deputy shall issue a permit to kindle for record purposes stating when and where the fire may be kindled, including any conditions deemed appropriate. Section twenty six forty five, which relates to open burning and the permits that were just brought up. There is a correction for consistency purposes to the name of the permit introduced in the preceding subsection. And then a person shall not kindle or authorize another person to kindle a fire in the open air for the purpose of burning natural wood unless well, without first obtaining a permit to kindle fire from the warden or deputy, stating when and where the fire may be kindled, and imposing any conditions deemed necessary by the town warden or deputies. Special wardens designated by the commissioner shall issue permits for category three prescribed fires and sub described in subsection five c below. That reference likely has to be corrected. Okay. In subsection b, during periods of increased fire hazard or when DEC has issued an air quality alert due to forecast air quality, the commissioner is granted discretionary authority. We're on page 22 now. Notify the town wardens that for a specified period, no permits to kindle fire shall be issued. New language in Subdivision 2, notify the town wardens that for a specified period of time, permits for category two or three fires shall be prohibited or restricted by the commissioner. Subdivision three, notice to the town wardens that for a specified period of time, category one fires shall be prohibited or restricted as set forth by the commissioner. Subsection c, a permit to kindle fire is not required for the following categories of conditions. Existing one, the kindling of a fire in a location where there is snow surrounding the burning site. Subdivision two, new language replacing the existing standard category one fires as defined in subsection d. And the kindling of a fire that complies with all requirements established by rule when a person is primitive camping on lands owned by the agency. Subsection d, we have some updates to existing an existing definition and some new definitions for purpose of this section. First, some clarification on what natural wood does not mean. Natural wood does not mean wood brush, weeds, or grass if they have been altered in any way by surface applications or injections of paint stains, preservatives, oils, glues, or pesticides. Subdivision three, category one, includes campfires that meet the following requirements. We are on page 24. Fires 36 inches in diameter or less that are built in stone arches, outdoor fireplaces, or existing firings at state recreational areas or on private property. Fires 36 inches in diameter or less built in a location that is 200 feet or more from any forest land or fields containing dry grass or other flammable plant materials contiguous to forest land. Category two, fires in piles larger than 36 excuse me. Yes. Inches in diameter or fires 36 inches in diameter or less, not built in stone arches, outdoor fireplaces, or existing fire rings at state recreational areas, other public recreational areas, or on private property. So not contained. Category three broadcast burns includes the following. Subdivision five a, fires applied to existing vegetation in a predetermined land area, including but not limited to, get rid of that but not limited to, fuels management slash abatement, firefighter training, agricultural field burning, forest management, wildlife habitat management, or introduced species management. And, at the end of this definition, all category three fires must have a plan that includes location, objectives, and contingency plans to fire. Moving on to page 25, new definition forest land means woodlands, timberland, brushland, forests, and woodlots. The proposed amendments in section 26 46 are largely technical corrections correcting use of the term proclamation in lieu of publication. Twenty six forty seven removes language related to lessees, holders of right of way, or authorized agents during a particular time of year as applied to a prohibition on building a fire in the forest land of another. Section twenty six forty eight corrects the use of the term woodlots to forest land in the section of statute dealing with slash removal in this subchapter. Also adds a new subsection d, defining what slash means for purposes of this section, and it means branches, tree tops, and other woody debris left on the forest floor after logging. We are almost through. Section nine repeals an entire subchapter of chapter 83 in title 10. This is the subchapter governing the uniform fire prevention ticket. I did not have time to research what that sub chapter is, but it is in the FPR report that is the basis for these recommendations. Section 10 amends 20 VSA section twenty six seventy three to add a new subsection e. This is in the section relating to the powers and duties during essentially all hazard events, fires, and threats of fires or explosions. The new subsection e states that the chief of a fire district is designated as the town warden and shall have authority and duties related to forest fires pursuant to that subchapter. Same period. Section 11, there is some cleanup. First, eliminating a reference to the state foresters subordinates and replacing that reference with the state forest fire warden. This is related to exclusive jurisdiction over the suppression of certain fires. And it also eliminates a reference to the subchapter seven that is revealed repealed in 10 BSA chapter 83. The last thing that I have to note for you is that, there was a request to update what is now section 12 of the bills related to authorization of ongoing expenditures covered a couple of different times, for funds that are held in reserve related to essentially the public safety communications build out.

[Matthew Birong (Chair)]: Okay. Thank you very much. Just for the committee's awareness, this was all taken from testimony on January from Forest Parks and Rec under the name of Dan Diller. And we had neglected to keep this on our radar. So that's why this has now appeared in this draft. Robert Pinsonault? On page 20, just a clerical, I don't know if you picked up when you were going through it, but on page 21, line 12, you have five c, this is a capital letter and

[Tucker Anderson (Legislative Counsel)]: it probably should be a small letter. That entire internal cross reference is going to have to be corrected. Okay. Yeah. It's incorrect at this. Any

[Matthew Birong (Chair)]: questions that we need to ask of anybody at the table on this particular section that Tucker just brought to us? We do have to be to the floor. I heard you say that you're working on a public language piece, and we are waiting to hear one very small change to perhaps who would be the chair of the technical grant working for. So as soon as I learn that, I can let you know. We have you booked for tomorrow afternoon, but a potential for needing you for a few minutes in the morning if we have a new draft.

[Tucker Anderson (Legislative Counsel)]: I will update the draft with those two pieces that you just brought up and also just flagging for the committee that the language that I just walked through, hadn't been fully reviewed yet. I will have to go through it, make the technical corrections that I was noting as I was reading, and then have the draft edited at some point as well.

[Matthew Birong (Chair)]: Okay, great. So, when you get it to me, I'll read it, and when we're all set, the rest of the committee can have it. So thank you. Appreciate it very much. Hope you get some rest and food.

[Tucker Anderson (Legislative Counsel)]: Me too.

[Matthew Birong (Chair)]: Yeah. There was a question regarding section three that was taken out. Will that be put back? Can you tell us the name of it because the section numbers changed from draft to draft? Oh, section three with the 25 foot

[Tucker Anderson (Legislative Counsel)]: Yeah, we discussed earlier.

[Matthew Birong (Chair)]: Yeah. Wasn't going back in. Rep Pinsonault wasn't in the room for that. Was at the desk of all of these.

[Unidentified Speaker (Committee member or staff)]: Yes. After discussing with Chea Lallone, he would have to have done a significant review of that language.

[Matthew Birong (Chair)]: Oh, interesting.

[Unidentified Speaker (Committee member or staff)]: Because it's cross jurisdictional. So he did not have the time to do so. So we removed it for the time being to get the vehicle out, the bill out. Disappointing. It's just we're working on a calendar right now.

[Matthew Birong (Chair)]: Okay.

[Unidentified Speaker (Committee member or staff)]: There's a lot of lot of lot of clock before gabble go bang in May. Ain't that the truth? So, with that, QA job committee, are late for the floor. Please take us off. Okay. We convene tomorrow morning after the floor.