BILL NUMBER: AB 2274	CHAPTERED
	BILL TEXT

	CHAPTER  563
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2002
	PASSED THE SENATE  AUGUST 27, 2002
	PASSED THE ASSEMBLY  MAY 23, 2002
	AMENDED IN ASSEMBLY  APRIL 15, 2002

INTRODUCED BY   Assembly Members Keeley and Wyland

                        FEBRUARY 20, 2002

   An act to amend Sections 5010, 5090.01, 5090.06, 5090.11, 5090.15,
5090.17, 5090.19, 5090.22, 5090.23, 5090.24, 5090.32, 5090.34,
5090.35, 5090.36, 5090.43, 5090.44, 5090.50, 5090.53, 5090.60,
5090.61, and 5090.64 of, to amend the heading of Article 5
(commencing with Section 5090.50) of Chapter 1.25 of Division 5 of,
to amend and renumber Sections 5090.45 and 5090.47 of, to add an
article heading to Chapter 1.25 of Division 5 immediately preceding
Section 5090.44 of, to repeal Sections 5090.13, 5090.25, 5090.33,
5090.40, 5090.52, 5090.55, 5090.56, and 5090.62 of, and to repeal and
add Section 5090.12 of, the Public Resources Code, to amend Section
8352.8 of the Revenue and Taxation Code, and to amend Sections 38001,
38007, 38026, 38225, 38231.5, 38240, 38286, 38370, and 42204 of, and
to repeal Section 38240.1 of, the Vehicle Code, relating to
off-highway motor vehicle recreation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2274, Keeley.  Off-highway vehicle recreation.
   The existing Off-Highway Motor Vehicle Recreation Act of 1988
requires the Division of Off-Highway Motor Vehicle Recreation in the
Department of Parks and Recreation to implement and administer the
Off-Highway Motor Vehicle Recreation Program, which provides for
opportunities for off-highway motor vehicle recreation at specified
areas throughout the state.
   The act requires the Secretary of the Resources Agency to prepare
and submit an environmental review on the implementation of the act
to the Assembly Committee on Natural Resources, the Senate Committee
on Natural Resources and Wildlife, and the Committee on
Appropriations of each house every 5 years, and requires the
Legislature to appropriate from the Off-Highway Vehicle Trust Fund an
amount equal to the cost of preparing that review.
   This bill would delete those provisions, and would require that
the Division of Off-Highway Motor Vehicle Recreation in the
department, not later than January 1, 2005, prepare and submit to the
Legislature a report that identifies the extent to which
nonmotorized recreationists contribute fuel tax revenues to the
Off-Highway Motor Vehicle Recreation Program.
   The bill would prescribe changes in the groups and organizations
from which nominees to the Off-Highway Motor Vehicle Recreation
Commission may be appointed, and would revise some of the functions
and duties of the division with respect to the implementation and
administration of the act, as specified.  The bill would require the
division to comply with various new reporting requirements, and to
assist in the designation of corridors for a California Statewide
Motorized Trail.
   The existing act authorizes the issuance of grants to cities,
counties, and appropriate districts for the planning, acquisition,
development, construction, maintenance, administration, operation,
and conservation of trails, trailheads, areas, and other facilities
for the use of off-highway motor vehicles, as provided.
   This bill would make various changes with respect to the
procedures for grant application and funding, and would also
authorize the issuance of grants to educational institutions and
nonprofit organizations for certain projects that are designed to
sustain a managed off-highway motor vehicle recreation program.
   The existing act requires that specified funds allocated to the
Off-Highway Motor Vehicle Trust Fund from fuel tax revenues and
required to be used by the division, or by cities, counties, or
appropriate districts, or by agencies of the United States, solely
for activities on lands in the off-highway motor vehicle recreation
system.
   This bill would revise that requirement to, instead, require that
30% of those revenues be used for restoration, as defined, and 70% of
those revenues be used for specified conservation and enforcement
activities, and for the construction of physical barriers and other
means of traffic control regulating the use of off-highway motor
vehicles.
   Existing law requires the Department of the California Highway
Patrol to prepare a course of instruction in off-highway motor
vehicle safety and operation and principles of environmental
preservation, as provided.
   This bill would require the division to adopt those courses by
January 1, 2005, and to consult with the Department of the California
Highway Patrol and other public and private agencies or
organizations in connection with the preparation of those courses.
   Existing law authorizes the use of specified funds collected from
off-highway motor vehicle license fees for reconstructing and
repairing damage caused by the use of off-highway motor vehicles on
property where the operation of those vehicles is prohibited by
federal, state, or local law.
   This bill would repeal those provisions.  The bill would also
impose various new requirements relating to noise emissions from
off-highway motor vehicles, as provided.
   Existing law requires that 50% of the revenues from fines and
forfeitures collected for violations of specified vehicle laws be
deposited in the fund for expenditure for the purposes of the act.
   This bill would, instead, require that all of those revenues from
fines and forfeitures be deposited in the appropriate fund in the
county where the violation occurred, and be used for enforcing laws
related to the operation of off-highway motor vehicles.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5010 of the Public Resources Code is amended to
read:
   5010.  (a) The department may collect fees, rents, and other
returns for the use of any state park system area, the amounts to be
determined by the department.  The department may accept a credit
card as a method of payment for fees collected through the department'
s reservation system.  Any contract executed by the department with
credit card issuers or draft purchasers shall be consistent with
Section 6159 of the Government Code.  Notwithstanding Title 1.3
(commencing with Section 1747) of Part 4 of Division 3 of the Civil
Code, the department may impose a surcharge in an amount to cover the
cost of providing the reservation service, including reimbursement
for any fee or discount charged by the credit card issuer.
   (b) All revenues received by the department during each fiscal
year shall be paid into the State Treasury to the credit of the State
Parks and Recreation Fund, which is hereby created.
   (c) Notwithstanding subdivision (b), all revenues received by the
department from the state vehicular recreation area and trail system
shall be paid into the State Treasury to the credit of the
Off-Highway Vehicle Trust Fund, as required by Section 38225 of the
Vehicle Code.
   (d) All revenues received by the department for the entry or
launching of boats shall be paid into the State Treasury to the
credit of the State Parks and Recreation Fund and shall be used for
boating safety, enforcement, operation, and maintenance programs of
the department.
   (e) On July 1, 1980, all existing balances, including
unappropriated balances and encumbered and unencumbered balances, of
the following funds and accounts shall be transferred to the State
Parks and Recreation Fund:
   (1) Park and Recreation Revolving Account (Section 5098, Public
Resources Code, as added by Chapter 1222, Statutes of 1972).
   (2) The Resources Protection Account (Section 8600, Public
Resources Code, as added by Chapter 1052, Statutes of 1969).
   (3) Collier Park Preservation Fund (Section 5010, Public Resources
Code, as added by Chapter 1502, Statutes of 1974).
   (4) San Francisco Maritime State Historic Park Account (Section 2,
Chapter 1764, Statutes of 1971).
   (5) State Park Highway Account, Bagley Conservation Fund (Section
2107.7, Streets and Highways Code, as added by Chapter 1032, Statutes
of 1973).
   (6) All funds received by the department pursuant to Division 21
(commencing with Section 31000).
   (7) Hostel Facilities Use Fees Account (Section 2, Chapter 265,
Statutes of 1974).
   (8) All funds, other than expended funds, previously appropriated
to the department from the Bagley Conservation Fund.
   (f) On and after July 1, 1980, all funds, other than those
specified in subdivisions (g) and (h), in the State Parks and
Recreation Fund shall be available for expenditure for state park
planning, acquisition, and development projects, operation of the
state park system, and resource and property management and
protection, when appropriated by the Legislature.
   (g) All funds in the State Parks and Recreation Fund which had
previously been appropriated and have become encumbered, may be used,
without further appropriation, for liquidation of those
encumbrances, upon the same terms and conditions  as made by those
previous appropriations.
   (h) The balance of any unencumbered funds in the State Park
Highway Account in the Bagley Conservation Fund shall be transferred
to the State Parks and Recreation Fund and shall be available for
expenditure as provided in subdivisions (b) and (c) of Section 2107.7
of the Streets and Highways Code.
   (i) All funds received by the Department of Parks and Recreation
from the auction sales conducted pursuant to Section 2080.6 of the
Civil Code shall be paid into the State Treasury to the credit of the
State Parks and Recreation Fund and shall be used for training
department employees in the Ranger/Lifeguard classification,
including, but not limited to, resource management and protection,
law enforcement, interpretation, first aid, cardiopulmonary
resuscitation, and medical technical training.
  SEC. 2.  Section 5090.01 of the Public Resources Code is amended to
read:
   5090.01.  This chapter shall be known and may be cited as the
Off-Highway Motor Vehicle Recreation Act of  2003.
  SEC. 3.  Section 5090.06 of the Public Resources Code is amended to
read:
   5090.06.  "Fund" means the Off-Highway Vehicle Trust Fund created
by subdivision (c) of Section 38225 of the Vehicle Code.
  SEC. 4.  Section 5090.11 of the Public Resources Code is amended to
read:
   5090.11.  "Restoration" means, upon closure of the unit or any
portion thereof, the restoration of land to the contours, the plant
communities, and the plant covers comparable to those on surrounding
lands or at least those that existed prior to off-highway motor
vehicle use.
  SEC. 5.  Section 5090.12 is added to the Public Resources Code, to
read:
   5090.12.  "Grant program" means the local assistance grant program
and the cooperative agreement program.
  SEC. 6.  Section 5090.12 of the Public Resources Code is repealed.

  SEC. 7.  Section 5090.13 of the Public Resources Code is repealed.

  SEC. 8.  Section 5090.15 of the Public Resources Code is amended to
read:
   5090.15.  (a) There is in the department the Off-Highway Motor
Vehicle Recreation Commission, consisting of seven members, three of
whom shall be appointed by the Governor, two of whom shall be
appointed by the Senate Committee on Rules, and two of whom shall be
appointed by the Speaker of the Assembly.
   (b) In order to be appointed to the commission, a nominee shall
represent one or more of the following groups:
   (1) Off-highway vehicle recreation interests.
   (2) Biological or soil scientists.
   (3) Groups or associations of predominantly rural landowners.
   (4)  Law enforcement.
   (5) Environmental protection organizations.
   (6) Nonmotorized recreationist interests.
   It is the intent of the Legislature that appointees to the
commission represent all of the groups delineated in paragraphs (1)
to (6), inclusive, to the extent possible.
   (c) Whenever any reference is made to the State Park and
Recreation Commission pertaining to a duty, power, purpose,
responsibility, or jurisdiction of the State Park and Recreation
Commission with respect to the state vehicular recreation areas, as
established by this chapter, it shall be deemed to be a reference to,
and to mean, the Off-Highway Motor Vehicle Recreation Commission.
   (d) Based on the findings in the 2004 Off-Highway Vehicle Fuel Tax
Study, the division shall, not later than January 1, 2005, prepare
and submit to the Legislature a report that identifies the principal
reasons why people are using off-road trails, as a means of assisting
in the determination of how fuel tax funds should be expended.
  SEC. 9.  Section 5090.17 of the Public Resources Code is amended to
read:
   5090.17.  (a) The terms of the members of the commission shall be
four years.
   (b)  Appointments to the commission shall comply with the
qualifications for membership specified in Sections 5090.15 and
5090.16.
  SEC. 10.  Section 5090.19 of the Public Resources Code is amended
to read:
   5090.19.  The members of the commission shall elect a chairperson
from their number who shall serve as chairperson for one year and
until his or her successor is elected.
  SEC. 11.  Section 5090.22 of the Public Resources Code is amended
to read:
   5090.22.  The chairperson of the commission may appoint committees
composed of members of the commission and prescribe the jurisdiction
of each.
  SEC. 12.  Section 5090.23 of the Public Resources Code is amended
to read:
   5090.23.  The commission shall establish policies for the general
guidance of the director and the division regarding all aspects of
the system and the program.
  SEC. 13.  Section 5090.24 of the Public Resources Code is amended
to read:
   5090.24.  The commission has the following particular duties and
responsibilities:
   (a) Be fully informed regarding all governmental activities
affecting the program.
   (b) Meet at least four times per year at various locations
throughout the state to receive comments on the implementation of the
program.  Establish an annual calendar of proposed meetings at the
beginning of each calendar year.
   (c) Consider, upon the request of any owner or tenant, whose
property is in the vicinity of any land in the system, any alleged
adverse impacts occurring on that person's property from the
operation of off-highway motor vehicles and recommend to the division
suitable measures for the prevention of any adverse impact
determined by the commission to be occurring, and suitable measures
for the restoration of adversely impacted property.
   (d) Review and comment annually to the director on the proposed
budget of expenditures from the fund.
   (e) Review and approve all minor and major capital outlay
expenditures from the fund proposed for inclusion in the budget.
   (f) Conduct one public meeting annually, prior to the start of
each grant program cycle, to collect public input concerning the
program, recommendations for program improvements, and specific
project needs for the system and grant program areas.
   (g) Prepare and submit a program report to the Governor, the
Assembly Committee on Natural Resources, the Senate Committee on
Natural Resources and Wildlife, and the Committee on Appropriations
of each house on or before July 1, 2005, and every two years
thereafter.  The report shall address the status of the program and
off-highway motor vehicle recreation, the results of the strategic
planning process completed pursuant to subdivision (n) of Section
5090.32, the condition of natural and cultural resources of areas and
trails receiving state off-highway motor vehicle funds, the
resolution of conflicts of use in those areas and trails, the status
of, and the accomplishments of expenditures from, the Conservation
and Enforcement Services Account, a summary of resource monitoring
data compiled and rehabilitative work concluded, and other relevant
program-related environmental issues that have arisen over the
preceding two calendar years.
   The program report shall be adopted by the commission after
discussing its contents during two or more public hearings.
   (h) The commission shall hold a public hearing in an area in close
proximity to any proposed substantial acquisition or development
project unless a hearing consistent with federal law or regulation is
held in close proximity to the proposed project.
  SEC. 14.  Section 5090.25 of the Public Resources Code is repealed.

  SEC. 15.  Section 5090.32 of the Public Resources Code is amended
to read:
   5090.32.  The division has the following duties and
responsibilities:
   (a) Planning, acquisition, development, conservation, and
restoration of lands in the state vehicular recreation areas.
   (b) Direct management, maintenance, administration, and operation
of lands in the state vehicular recreation areas.
   (c)  Provide for law enforcement and appropriate public safety
activities.
   (d) Implementation of all aspects of the program.
   (e) Ensure program compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000)) in state
vehicular recreation areas.
   (f) Implement the policies established by the commission.
   (g) Provide staff assistance to the commission.
   (h) Prepare and implement plans for lands in, or proposed to be
included in, state vehicular recreation areas, including new state
vehicular recreation areas.  However, no plan shall be prepared in
any instance specified in subdivision (c) of Section 5002.2.
   (i) Conduct, or cause to be conducted, surveys and prepare, or
cause to be prepared, studies that are necessary or desirable for
implementing the program.
   (j) Recruit and utilize volunteers to further the objectives of
the program.
   (k) Prepare and coordinate safety and education programs.
   (l) Conduct, or cause to be conducted, an annual audit of grants
and cooperative agreements, and the performance of any recipient in
expending a grant or cooperative agreement made pursuant to Article 5
(commencing with Section 5090.50).
   (m) Provide for the enforcement of Division 16.5 (commencing with
Section 38000) of the Vehicle Code and other laws regulating the use
or equipment of off-highway motor vehicles in all areas acquired,
maintained, or operated by funds from the fund; however, the
Department of the California Highway Patrol shall have responsibility
for enforcement on highways.
   (n) Complete by January 1, 2005, a strategic planning process that
will identify future off-highway vehicle recreational needs,
including, but not limited to, potential off-highway vehicle parks in
urban areas to properly direct vehicle operators away from illegal
or environmentally sensitive areas.  This strategic planning process
shall take into consideration, at a minimum, environmental
constraints, infrastructure requirements, demographic limitations,
and local, state, and federal land use planning processes.  The
initial strategic plan shall be updated periodically.
   (o) Prepare and submit a report to the Legislature on or before
January 1, 2005, that examines the effectiveness of the current noise
standard, enforcement efforts, public outreach and education
programs, the feasibility of improving the off-highway vehicle noise
standard, and reassessment of the dates specified in paragraph (1) of
subdivision (h) of Section 38370 of the Vehicle Code.  The report
shall also consider future reporting needs and appropriate reporting
intervals.
  SEC. 16.  Section 5090.33 of the Public Resources Code is repealed.

  SEC. 17.  Section 5090.34 of the Public Resources Code is amended
to read:
   5090.34.  Under the direction of the commission, the division
shall publish and update periodically, a guidebook, including the
text of this chapter, other laws and regulations relating to the
program, and detailed maps of areas and trails  in the system.  The
guidebook may include other public areas, trails, and facilities for
the use of off-highway motor vehicles.  The guidebook shall include
information regarding the responsibility of users of the system and
shall set forth pertinent laws, rules, and regulations, including
particular provisions and other information intended to prevent
trespass and damage to public and private property.  The guidebook
shall be prepared at minimal cost to facilitate the broadest possible
distribution and may be offered for sale at a price only sufficient
to meet all costs of preparation, printing, and distribution.
  SEC. 18.  Section 5090.35 of the Public Resources Code is amended
to read:
   5090.35.  (a) The protection of public safety, the appropriate
utilization of lands in the system, and the conservation of land
resources in the system are of the highest priority in the management
of the system; and, accordingly, the division shall promptly repair
and continuously maintain areas and trails, anticipate and prevent
accelerated and unnatural erosion, and restore lands damaged by
erosion to the extent possible.
   (b) Notwithstanding Section 5090.23, the department, in
consultation with the United States Soil Conservation Service, the
United States Forest Service, the Bureau of Land Management, and the
Department of Conservation shall adopt a generic soil loss standard
by January 1, 1991, at least sufficient to allow restoration of
off-highway motor vehicle areas and trails. The requirements of this
chapter that are dependent upon the adoption of this soil loss
standard shall not become operative until the standard is adopted.
The department shall also make an inventory of wildlife populations
and their habitats in each area in the system and shall prepare a
wildlife habitat protection program to sustain a viable species
composition specific to each area, by July 1, 1989.
   (c) The division shall monitor the condition of soils and wildlife
habitat in each area of the system each year in order to determine
whether the soil loss standards and habitat protection plans are
being met.
   (d) Upon a determination that the soil loss standard and habitat
protection plans are not being met in any area in the system, the
department shall direct the division to close temporarily and repair,
to prevent accelerated erosion, that area, or portion thereof funded
by the Off-Highway Vehicle Trust Fund, until the soil loss standard
and habitat protection plans are capable of being met.
   (e) Upon a determination that the soil loss standard and habitat
protection plans cannot be met in any area in the system, the
department shall direct the division to close that area, or any
portion thereof funded from the Off-Highway Vehicle Trust Fund, and
to reclaim and rehabilitate the area.
   (f) The division may not fund trail construction unless it
complies with the conservation specifications prescribed in
subdivision (b).  The division may not fund trail construction where
conservation is not feasible.
  SEC. 19.  Section 5090.36 of the Public Resources Code is amended
to read:
   5090.36.  The division may enter into contracts with
concessionaires and grants or cooperative agreements with other
public agencies, pursuant to laws and procedures specified in this
division, for the care and maintenance of lands in the system,
including law enforcement services with public agencies having law
enforcement  authority.
  SEC. 20.  Section 5090.40 of the Public Resources Code is repealed.

  SEC. 21.  Section 5090.43 of the Public Resources Code is amended
to read:
   5090.43.  (a) State vehicular recreation areas shall be
established on lands where there are quality recreational
opportunities for off-highway motor vehicles and in accordance with
the requirements of Section 5090.35. Areas shall be developed,
managed, and operated for the purpose of making the fullest public
use of the outdoor recreational opportunities present.  The natural
and cultural elements of the environment may be managed or modified
to enhance the recreational experience consistent with the
requirements of Section 5090.35.
   (b) Lands for state vehicular recreation areas shall be selected
for acquisition so as to minimize the need for establishing sensitive
areas.
   (c) After January 1, 1988, no new cultural or natural preserves or
state wildernesses shall be established within state vehicular
recreation areas.  To protect natural and cultural values, sensitive
areas within state vehicular recreation areas may be designated by
the division if the Off-Highway Motor Vehicle Recreation Commission
holds a public hearing and makes a recommendation therefor.  These
sensitive areas shall be managed by the division in accordance with
Sections 5019.71 and 5019.74, which define the purpose and management
of natural and cultural preserves.
   If off-highway motor vehicle use results in damage to any natural
or cultural values, appropriate measures shall be taken to protect
these lands from any further damage.  These measures may include the
erection of physical barriers and shall include the restoration of
natural resources and the repair of damage to cultural resources.
  SEC. 22.  An article heading is added to Chapter 1.25 of Division 5
of the Public Resources Code, immediately preceding Section 5090.44,
to read:

      Article 4.5.  California Statewide Motorized Trail

  SEC. 23.  Section 5090.44 of the Public Resources Code is amended
to read:
   5090.44.  The division shall assist in the designation of
corridors for a California Statewide Motorized Trail.  The California
Statewide Motorized Trail shall consist of corridors that are
designated and maintained for recreational travel by off-highway
motor vehicles,  as defined in Section 38006 of the Vehicle Code, and
that are designated for off-highway motor vehicle travel by the
owner of, or other person or public entity having control over, the
property traversed by the corridor.  Portions of the California
Statewide Motorized Trail may include lands designated and maintained
as trailheads.  The California Statewide Motorized Trail shall be
selected and managed in accordance with this chapter.  Trails
designated pursuant to this section may be known as the California
Statewide Motorized Trail.
  SEC. 24.  Section 5090.45 of the Public Resources Code is amended
and renumbered to read:
   5090.37.  Eminent domain shall not be exercised to acquire any
interest in property for a state vehicular recreation area, the
California Motorized Trail, or any grant program area or trail by the
  division or any public agency that has entered into a grant or
cooperative agreement with the division.
  SEC. 25.  Section 5090.47 of the Public Resources Code is amended
and renumbered to read:
   5090.65.  Money in the fund shall be used to pay for the repair of
any boundary fence that segregates off-highway vehicle use from
adjoining landowners and is adjacent to an off-highway vehicle site
that is funded by the fund, when the fence has become broken or
damaged by off-highway vehicle users.
  SEC. 26.  The heading of Article 5 (commencing with Section
5090.50) of Chapter 1.25 of Division 5 of the Public Resources Code
is amended to read:

      Article 5.  Local Assistance Grants, Grants to Nonprofit
Organizations and Educational Institutions, and Cooperative
Agreements with Federal Agencies

  SEC. 27.  Section 5090.50 of the Public Resources Code is amended
to read:
   5090.50.  (a) Grants may be made to cities, counties, and
appropriate districts if the grant applicant has approval to apply
for grant funds, in the form of a resolution from its governing body.

   (b) The division may enter into cooperative agreements with
agencies of the United States and federally recognized Native
American tribes.
   (c) Grants and cooperative agreements may be awarded for the
planning, acquisition, development, maintenance, administration,
operation, enforcement, restoration, and conservation of trails,
trailheads, areas, and other facilities associated with the use of
off-highway motor vehicles, and programs involving off-highway motor
vehicle safety or education.
   (d) Grant and cooperative agreement applications shall be in
accordance with local or federal plans and any plans for off-highway
motor vehicle recreation prepared by the division.
   (e) Notwithstanding subdivision (c), funds may be used for law
enforcement and repairing damage caused by the use of off-highway
motor vehicles on property being used by off-highway motor vehicles
where the operation of those vehicles is prohibited by federal,
state, or local law.
   (f) Notwithstanding subdivision (c), grants may be awarded to
educational institutions and nonprofit organizations for eligible
projects that are designed to sustain a managed off-highway motor
vehicle recreation program.  Eligible projects shall be limited to
scientific research, natural resource conservation activities, as
defined in Section 5090.10, cultural resource conservation
activities, and programs involving off-highway motor vehicle safety
or education.  If the application for grant funds involves activities
on any public lands, the applicant shall obtain approval from the
affected land management agency and submit that approval with the
application for grant funds.  All projects shall comply with the
requirements of subdivisions (g) and (h).
   (g) Every applicant for a grant shall comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)).  The division shall ensure that all cooperative agreement
applications have completed environmental review procedures that are
at least comparable to those of the California Environmental Quality
Act.
   (h) All cooperative agreements shall be subject to the uniform
application of soil, wildlife, and wildlife habitat protection
standards specified in Section 5090.53.
   (i) Subdivision (h) does not apply to applicants that apply solely
for law enforcement funding.
   (j) No grant may be made or cooperative agreement entered into
under this section without the approval of the commission.
  SEC. 28.  Section 5090.52 of the Public Resources Code is repealed.

  SEC. 29.  Section 5090.53 of the Public Resources Code is amended
to read:
   5090.53.  (a) Money in the fund may be granted or expended
pursuant to Section 5090.50 for projects to fulfill the conditions
outlined below and for public health and safety facilities.
   (b) However, no funds may be granted or encumbered pursuant to
Section 5090.50 for the acquisition of land for, or the development
of, a trail, trailhead, area, or other facility for the use of
off-highway motor vehicles after July 1, 1989, unless all of the
following conditions are met:
   (1) The recipient has completed wildlife habitat and soil surveys
and has prepared a wildlife habitat protection program to sustain a
viable species composition for the project area.
   (2) The recipient agrees to monitor the condition of soils and
wildlife in the project area each year in order to determine whether
the soil loss standard adopted pursuant to Section 5090.35 and the
wildlife habitat protection programs are being met.
   (3) The recipient agrees that, whenever the soil loss standard
adopted pursuant to Section 5090.35 and the wildlife habitat
protection programs are not being met in any project area, the
recipient will temporarily close and repair, to prevent accelerated
erosion, that area, or any portion thereof, until the soil loss
standard adopted pursuant to Section 5090.35 and the wildlife habitat
protection program are capable of being met.
   (4) The recipient agrees to enforce the registration of
off-highway motor vehicles and the other provisions of Division 16.5
(commencing with Section 38000) of the Vehicle Code and to enforce
the other applicable laws regarding the equipping and use of
off-highway motor vehicles.
  SEC. 30.  Section 5090.55 of the Public Resources Code is repealed.

  SEC. 31.  Section 5090.56 of the Public Resources Code is repealed.

  SEC. 32.  Section 5090.60 of the Public Resources Code is amended
to read:
   5090.60.  The fund consists of deposits from the following
sources:
   (a) Revenues transferred from the Motor Vehicle Fuel Account in
the Transportation Tax Fund.
   (b) Fees paid pursuant to subdivision (b) of Section 38225 of the
Vehicle Code.
   (c) Unexpended service fees.

(d) Fees and other proceeds collected at state vehicular recreation
areas, as provided in subdivision (c) of Section 5010.
   (e) Reimbursements.
   (f) Revenues and income from any other source required by law to
be deposited in the fund.
  SEC. 33.  Section 5090.61 of the Public Resources Code is amended
to read:
   5090.61.  Money in the fund shall be available, upon appropriation
by the Legislature, for allocation by the commission as follows:
   (a) An amount, not to exceed 50 percent of the revenues from the
special fee required by subdivision (b) of Section 38225 of the
Vehicle Code, the revenues transferred from the Motor Vehicle Fuel
Account, and revenue received from interest, is available for local
assistance grants or cooperative agreements pursuant to Article 5
(commencing with Section 5090.50).
   (b) The remainder of the revenues from the special fee required by
subdivision (b) of Section 38225 of the Vehicle Code and the
remainder of the revenues transferred from the Motor Vehicle Fuel
Account, together with all other moneys in the fund, shall be
available for the support of the division in implementing the program
and for the planning, acquisition, development, construction,
maintenance, administration, operation, and conservation of lands in
the system.  As used in this subdivision, "support of the division"
includes functions performed outside the division by others on behalf
of the division, including costs incurred on behalf of the division
for personnel management and training, accounting and fiscal
analysis, records, purchasing, public information activities,
consultation of professional scientists and reclamation experts for
purposes of Section 5090.35, and legal services.
   "Support of the division" does not include any costs incurred by,
or attributable to, the director or the director's immediate staff or
their salaries.
  SEC. 34.  Section 5090.62 of the Public Resources Code is repealed.

  SEC. 35.  Section 5090.64 of the Public Resources Code is amended
to read:
   5090.64.  (a) Thirty percent of the funds allocated pursuant to
Section 8352.8 of the Revenue and Taxation Code shall be expended
solely for restoration activities, as defined in Section 5090.11.
   (b) Seventy percent of the funds allocated pursuant to Section
8352.8 of the Revenue and Taxation Code shall be expended solely for
the following activities related to the use of off-highway motor
vehicles:
   (1) Conservation activities carried out for the prevention or
reduction of soil loss, wildlife loss, and habitat loss as described
in Sections 5090.10, 5090.35, 5090.50, and 5090.53.
   (2) Enforcement activities consisting of employing, equipping, and
supervising  law enforcement personnel for the purpose of protecting
natural and cultural resources, enforcement of Division 16.5
(commencing with Section 38000) of the Vehicle Code, enforcement of
Sections 4442 and 4442.5 of this code, and enforcement of other laws
regulating the equipment and use of off-highway motor vehicles.
   (3) The construction of physical barriers and other means of
traffic control regulating the use of off-highway motor vehicles.
  SEC. 36.  Section 8352.8 of the Revenue and Taxation Code is
amended to read:
   8352.8.  (a) The Conservation and Enforcement Services Account is
hereby established as an account in the Off-Highway Vehicle Trust
Fund.  Subject to Sections 8352 and 8352.1, on the first day of every
month there shall be transferred from money deposited in the Motor
Vehicle Fuel Account to the Conservation and Enforcement Services
Account the total amount determined on the basis of the estimates
contained in this section.
   (b) On or before August 15, 1987, and every two years thereafter,
the Department of Transportation shall prepare, or cause to be
prepared, in cooperation with the Department of Parks and Recreation,
a report setting forth the current estimate of the amount of money
credited to the Motor Vehicle Fuel Account that is attributable to
taxes imposed upon distributions of motor vehicle fuel estimated to
have been used in the off-highway operation of vehicles required to
be registered as off-highway vehicles by Division 16.5 (commencing
with Section 38000) of the Vehicle Code, but which were not so
registered, and shall submit a copy of the report to the Legislature.

   (c) Funds in the Conservation and Enforcement Services Account
shall be allocated to the Division of Off-Highway Motor Vehicle
Recreation of the Department of Parks and Recreation for expenditure
when appropriated by the Legislature for the purposes of Section
5090.64 of the Public Resources Code.
   (d) On or before January 1, 2005, the Division of Off-Highway
Motor Vehicle Recreation in the Department of Parks and Recreation
shall submit a report to the Legislature that identifies the
appropriate level of funding necessary to sustain conservation and
enforcement needs, grant areas, state vehicular recreation areas,
capital outlay, and division support, based upon an analysis of
program income and expenditures during the preceding five fiscal
years and the fundings contained in the most recent fuel tax study.

  SEC. 37.  Section 38001 of the Vehicle Code is amended to read:
   38001.  (a) Except as otherwise provided, this division applies to
off-highway motor vehicles, as defined in Section 38006, on lands,
other than a highway, that are open and accessible to the public,
including any land acquired, developed, operated, or maintained, in
whole or in part, with money from the Off-Highway Vehicle Trust Fund,
except private lands under the immediate control of the owner or his
or her agent where permission is required and has been granted to
operate a motor vehicle.  For purposes of this division, the term
"highway" does not include fire trails, logging roads, service roads
regardless of surface composition, or other roughly graded trails
and roads upon which vehicular travel by the public is permitted.
   (b) Privately owned and maintained parking facilities that are
generally open to the public are exempt from this division, unless
the facilities are specifically declared subject to this division by
the procedure specified in Section 21107.8.
  SEC. 38.  Section 38007 of the Vehicle Code is amended to read:
   38007.  The Off-Highway Motor Vehicle Recreation Division of the
Department of Parks and Recreation shall adopt courses of instruction
in off-highway motor vehicle safety, operation, and principles of
environmental preservation by January 1, 2005.  For this purpose the
division shall consult with the Department of the California Highway
Patrol and other public and private agencies or organizations.  The
division shall make this course of instruction available  directly,
through contractual agreement, or through volunteers authorized by
the division to conduct a course of instruction.
  SEC. 39.  Section 38026 of the Vehicle Code is amended to read:
   38026.  (a) In addition to Section 38025 and after complying with
subdivision (c) of this section, if a local authority, an agency of
the federal government, or the Director of Parks and Recreation finds
that a highway, or a portion thereof, under the jurisdiction of the
authority, agency, or the director, as the case may be, is located in
a manner that provides a connecting link between off-highway motor
vehicle trail segments, between an off-highway motor vehicle
recreational use area and necessary service facilities, or between
lodging facilities and an off-highway motor vehicle recreational
facility and if it is found that the highway is designed and
constructed so as to safely permit the use of regular vehicular
traffic and also the driving of off-highway motor vehicles on that
highway, the local authority, by resolution or ordinance, agency of
the federal government, or the Director of Parks and Recreation, as
the case may be, may designate that highway, or a portion thereof,
for combined use and shall prescribe rules and regulations therefor.
No highway, or portion thereof, shall be so designated for a
distance of more than three miles.  No freeway shall be designated
under this section.
   (b) The Off-Highway Motor Vehicle Recreation Commission may
propose highway segments for consideration by local authorities, an
agency of the federal government, or the Director of Parks and
Recreation for combined use.
   (c) Prior to designating a highway or portion thereof on the
motion of the local authority, an agency of the federal government,
or the Director of Parks and Recreation, or as a recommendation of
the Off-Highway Motor Vehicle Recreation Commission, a local
authority, an agency of the federal government, or the Director of
Parks and Recreation shall notify the Commissioner of the California
Highway Patrol, and shall not designate any segment pursuant to
subdivision (a) which, in the opinion of the commissioner, would
create a potential traffic safety hazard.
   (d) A designation of a highway, or a portion thereof, under
subdivision (a) shall become effective upon the erection of
appropriate signs of a type approved by the Department of
Transportation on and along the highway, or portion thereof.
   The cost of the signs shall be reimbursed from the Off-Highway
Vehicle Trust Fund, when appropriated by the Legislature, or by
expenditure of funds from a grant or cooperative agreement made
pursuant to Section 5090.50 of the Public Resources Code.
  SEC. 40.  Section 38225 of the Vehicle Code is amended to read:
   38225.  (a) A service fee of seven dollars ($7) shall be paid to
the department for the issuance or renewal of identification of
off-highway motor vehicles subject to identification, except as
expressly exempted under this division.
   (b) In addition to the service fee specified in subdivision (a), a
special fee of eight dollars ($8) shall be paid at the time of
payment of the service fee for the issuance or renewal of an
identification plate or device.
   (c) All money transferred pursuant to Sections 8352.6 and 8352.7
of the Revenue and Taxation Code, all fees received by the department
pursuant to subdivision (b), and all day use, overnight use, or
annual or biennial use fees for state vehicular recreation areas
received by the Department of Parks and Recreation, shall be
deposited in the Off-Highway Vehicle Trust Fund, which is hereby
created.  There shall be a separate reporting of special fee revenues
by vehicle type, including four-wheeled vehicles, three-wheelers,
motorcycles, and snowmobiles.  All money shall be deposited in the
fund, which is a trust fund, and, upon appropriation by the
Legislature, shall be allocated by the Off-Highway Motor Vehicle
Recreation Commission, as provided in this section.  Money in the
fund shall be administered by the commission, as trustee of the fund,
and, subject to Section 5090.61 of the Public Resources Code, shall
be allocated for those purposes set forth in  Section 5090.50 of the
Public Resources Code.
   (d) Any money temporarily transferred by the Legislature from the
Off-Highway Vehicle Trust Fund to the General Fund shall be
reimbursed, without interest, by the Legislature within two fiscal
years of the transfer.
   (e) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.  Any unencumbered funds remaining in the Off-Highway
Vehicle Trust Fund on January 1, 2007, shall be transferred to the
General Fund.
  SEC. 41.  Section 38231.5 of the Vehicle Code is amended to read:
   38231.5.  (a) The fee for a special permit issued under Section
38087.5 shall be not less than twenty dollars ($20), as established
by the Department of Parks and Recreation.  The Department of Parks
and Recreation may adjust the special permit fee for a permit issued
to a nonresident of this state under Section 38087.5, as necessary,
to recover the costs of this program.  After deducting its
administrative and vendor costs, the Department of Parks and
Recreation shall deposit the fees received under this section in the
Off-Highway Vehicle Trust Fund.  Money in the fund shall be
allocated, upon appropriation, as provided in Sections 5090.50 and
5090.64 of the Public Resources Code.
   (b) The Department of Parks and Recreation shall print the special
permits required by Section 38087.5 and shall supervise the sale of
those permits throughout the state.
   (c) The Department of Parks and Recreation shall either distribute
and sell the special permits directly or contract with vendors
according to rules and regulations established by that department.
The vendors shall receive a commission in an amount not to exceed 5
percent of the fee imposed pursuant to subdivision (a) for each
special permit sold.  The Department of Parks and Recreation may
solicit the participation of qualified retail commercial enterprises
engaged in the sale or rental of off-highway vehicles, equipment,
accessories, or supplies to act as authorized vendors of the special
permits and may authorize local and federal agencies that provide
off-highway vehicle opportunities to act as authorized vendors of the
special permits.
  SEC. 42.  Section 38240 of the Vehicle Code is amended to read:
   38240.  (a) The Controller shall allocate the fees collected under
Section 38230 in July and January of each fiscal year in the same
manner as fees are allocated under subdivisions (c) and (d) of
Section 11005 of the Revenue and Taxation Code.
   (b) The funds collected under Section 38230 shall be used for the
purposes set forth in Sections 5090.50 and 5090.64 of the Public
Resources Code.
   (c) Funds received by a city or county pursuant to this section
may be expended for facilities located outside the limits of the city
or county if both of the following conditions are met:
   (1) The funds are expended for the purposes of acquiring,
developing, and constructing trails, areas, or other facilities for
the use of off-highway motor vehicles.
   (2) The funds are expended pursuant to agreement with the city in
which the facility is located or with the county in which the
facility is located if the facility is located in an unincorporated
territory.
  SEC. 43.  Section 38240.1 of the Vehicle Code is repealed.
  SEC. 44.  Section 38286 of the Vehicle Code is amended to read:
   38286.  The provisions of Article 3 (commencing with Section
38305), Article 4 (commencing with Section 38312), Article 5
(commencing with Section 38316), Section 38319 of this chapter, and
subdivision (h) of Section 38370 shall not apply to a motor vehicle
being operated in an organized racing event that is conducted under
the auspices of a recognized sanctioning body or by permit issued by
the governmental authority having jurisdiction.
  SEC. 45.  Section 38370 of the Vehicle Code is amended to read:
   38370.  (a) The Department of Motor Vehicles shall not identify
any new off-highway motor vehicle, which is subject to identification
and which produces a maximum noise level that exceeds the following
noise limit, at a distance of 50 feet from the centerline of travel,
under test procedures established by the Department of the California
Highway Patrol.


     (1) Any such vehicle manufactured before January 1,
         1973 ............................................    92 dbA
     (2) Any such vehicle manufactured on or after
         January 1, 1973, and before January 1, 1975 .....    88 dbA
     (3) Any such vehicle manufactured on or after
         January 1, 1975, and before January 1, 1986 .....    86 dbA
     (4) Any such vehicle manufactured on or after
         January 1, 1986 .................................    82 dbA

   (b) The department may accept a dealer's certificate as proof of
compliance with this section.
   (c) Test procedures for compliance with this section shall be
established by the Department of the California Highway Patrol,
taking into consideration the test procedures of the Society of
Automotive Engineers.
   (d) No person shall sell or offer for sale any new off-highway
motor vehicle which is subject to identification and which produces a
maximum noise level that exceeds the noise limits in subdivision
(a), and for which noise emission standards or regulations have not
been adopted by the Administrator of the Environmental Protection
Agency pursuant to the Federal Noise Control Act of 1972 (P.L.
92-574).
   (e) No person shall sell or offer for sale any new off-highway
motor vehicle which is subject to identification and which produces a
noise level that exceeds, or in any way violates, the noise emission
standards or regulations adopted for such a motor vehicle by the
Administrator of the Environmental Protection Agency pursuant to the
Federal Noise Control Act of 1972 (P.L. 92-574).
   (f) As used in this section, the term "identify" is equivalent to
the term "licensing" as used in Section 6(e)(2) of the Federal Noise
Control Act of 1972 (P.L. 92-574).
   (g) Any off-highway motor vehicle, when operating pursuant to
Section 38001, shall at all times be equipped with a silencer, or
other device, which limits noise emissions to not more than 101 dbA
if manufactured on or after January 1, 1975, or 105 dbA if
manufactured before January 1, 1975, when measured from a distance of
20 inches using test procedures established by the Society of
Automotive Engineers under Standard J-1287.  This subdivision shall
only be operative until January 1, 2003.
   (h) On and after January 1, 2003, off-highway motor vehicles, when
operating pursuant to Section 38001, shall at all times be equipped
with a silencer, or other device, which limits noise emissions.
   (1) Noise emissions of competition off-highway vehicles
manufactured on or after January 1, 1998, shall be limited to not
more than 96 dbA, and if manufactured prior to January 1, 1998, to
not more than 101 dbA, when measured from a distance of 20 inches
using test procedures established by the Society of Automotive
Engineers under Standard J-1287, as applicable.  Noise emissions of
all other off-highway vehicles shall be limited to not more than 96
dbA if manufactured on or after January 1, 1986, and not more than
101 dbA if manufactured prior to January 1, 1986, when measured from
a distance of 20 inches using test procedures established by the
Society of Automotive Engineers under Standard J-1287, as applicable.

   (2) The Off-Highway Motor Vehicle Recreation Division of the
Department of Parks and Recreation shall evaluate and reassess the
dates specified in paragraph (1) and include the findings and
recommendations in the noise report required in subdivision (o) of
Section 5090.32 of the Public Resources Code.
   (i) Off-highway vehicle manufacturers or their agents prior to the
sale to the general public in California of any new off-highway
vehicle model manufactured after January 1, 2003, shall provide to
the Off-Highway Motor Vehicle Recreation Division of the California
Department of Parks and Recreation rpm data needed to conduct the
J-1287 test, where applicable.
  SEC. 46.  Section 42204 of the Vehicle Code is amended to read:
   42204.  Notwithstanding any other provisions of law, all fines and
forfeitures collected for violations of Division 16.5 (commencing
with Section 38000) shall be deposited in the  appropriate fund in
the county where the violation occurred and distributed in the same
manner as specified in Section 42201.5, and shall be used for
enforcing laws related to the operation of off-highway motor
vehicles.