BILL NUMBER: SB 742 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 31, 2007
AMENDED IN ASSEMBLY JULY 9, 2007
AMENDED IN SENATE MAY 21, 2007
AMENDED IN SENATE APRIL 17, 2007
AMENDED IN SENATE APRIL 9, 2007
INTRODUCED BY Senator Steinberg
(Coauthor: Assembly Member Wolk)
FEBRUARY 23, 2007
An act to amend Sections 5090.02, 5090.15, 5090.24, 5090.32,
5090.53, 5090.64, 5090.70, and 5091.15
5091.15, and 5091.25 of, to add Section
5090.52 to, to repeal Sections 5090.51 and
5090.63 5090.23, 5090.51, 5090.63, and 5090.64
of, and to repeal and add Sections 5090.34, 5090.50, and 5090.61 of,
the Public Resources Code, to amend Section 8352.8 of, to repeal
Section 8352.7 of, and to repeal and add Section 8352.6 of, the
Revenue and Taxation Code, and to amend Sections 38165, 38225, and
38301 of the Vehicle Code, relating to off-highway motor
vehicle recreation.
LEGISLATIVE COUNSEL'S DIGEST
SB 742, as amended, Steinberg. Off-highway motor vehicle
recreation.
(1) The Off-Highway Motor Vehicle Recreation Act of 2003 (act),
provides for the acquisition, operation, and funding of state
off-highway vehicular recreation areas and trails. These provisions
are to be repealed on January 1, 2008.
This bill would extend the act to January 1, 2013
2018 , would delete certain obsolete provisions,
and would include certain legislative findings and declarations.
(2) The act establishes the Off-Highway Motor Vehicle Recreation
Commission, consisting of 7 members, with 3 of the members appointed
by the Governor.
This bill would increase the membership of the commission to 9
members, with 5 members appointed by the Governor, subject to Senate
confirmation.
(3) The act imposes certain duties and responsibilities on the
Off-Highway Motor Vehicle Recreation Commission and the Division of
Off-Highway Motor Vehicle Recreation with respect to off-highway
recreation.
This bill would revise and recast some of those duties and
responsibilities.
(4) The act requires the division to publish and periodically
update a guidebook relating to off-highway recreation and requires
that the guidebook contain specified information.
This bill , instead, would require the division, in
cooperation with the commission, to make available on the division's
Internet Web site information relating to off-highway motor
vehicle recreation. The bill specifies certain information
that, at a minimum, the Web site shall include.
The bill also would require the division to create a
guidebook of federal, state, and local off-highway vehicle recreation
opportunities and that the guidebook contain specified
information. The bill would require the division to work with
retailers of off-highway motor vehicles and off-highway recreation
associations to distribute the guidebook and to increase awareness of
the resources available on the division's Internet Web site.
(5) Under the act, grants may be made to cities, counties, and
districts, and cooperative agreements may be entered into with
federal agencies or federally recognized Native American tribes.
This bill would require the department
division to develop and implement a local assistance
grant and cooperative agreement program , which
would support both motorized recreation and motorized off-highway
access to nonmotorized recreation to support specified
activities related to off-highway motor vehicles and programs
involving off-highway motor vehicle safety or education . The
bill would provide guidelines to implement this program. The bill
would specify percentages of the total amount appropriated by the
Legislature to be awarded for specified purposes. The bill would make
other changes with respect to those grants and cooperative
agreements.
This bill would require that law enforcement grants and
cooperative agreements be allocated to local and federal law
enforcement entities for personnel and related equipment, with the
amount of the grant or cooperative agreement being proportional to
the off-highway motor vehicle enforcement needs under each
entity's jurisdiction. The bill would require the
department division to develop a method to
determine the law enforcement needs for each applicant and
eligibility guidelines for law enforcement projects. The bill would
require the department to audit law enforcement entities that receive
grant money, considering whether the law enforcement entity has
spent the grant money in accordance with its application, at least
once every 5 years.
(6) The act provides for certain allocations, for specified
purposes, to the division from the Conservation and Enforcement
Services Account (the enforcement account), upon appropriation by the
Legislature.
This bill would delete those allocations and would,
instead, provide that the moneys allocated be expended solely for
restoration activities, as defined revise the purposes
for which those funds allocated to the division are required to be
expended upon appropriation by the Legislature .
(7) Existing law prohibits a person from parking a vehicle, during
a specified portion of the year, in a designated area, unless that
vehicle displays a SNO-PARK parking permit issued by the
Department of Parks and Recreation. The department is required to
determine the amount of the fee for the issuance of a
the parking permit, subject to specified limits
on the amounts of the fee. Existing law requires the proceeds
from the sale of SNO-PARK parking permits to be paid to the credit of
the Winter Recreation Fund. An amount not to exceed 5% of total
funds appropriated is required to be available to be expended for
specified administrative costs.
This bill would delete the specified limits on the amounts of the
fee , and would delete the provision concerning administrative
costs .
(8) Existing law requires certain moneys, the amount of which is
determined by specified formulas, in the Motor Vehicle Fuel Account
(the fuel account) attributable to taxes imposed upon distribution of
motor vehicle fuel related to specified off-highway motor vehicles
and off-highway vehicle activities, to be transferred from that
account on the first day of every month to the fund or (the
enforcement account) the enforcement account .
The money in the fund and the enforcement account is required to be
used, upon appropriation, for specified purposes related to
off-highway motor vehicle recreation.
This bill would repeal those provisions requiring the transfer of
that moneys money from the fuel
account, and, instead, would require certain moneys
money in the fuel account to be transferred to
the fund according to a specified calculation that the Department of
Transportation , in cooperation with the Department of
Parks and Recreation and the Department of Motor Vehicles ,
would be authorized to adjust every 5 years, taking into
account specified factors.
(9) Existing law requires the Department of Motor Vehicles to
determine the size, color, and letters or numbers of the plate or
device issued to an off-highway motor vehicle for
identification purposes.
This bill would require the department, in the design of the
identification plate or device, to make the identification number the
most prominent feature of the device.
The bill would require the department, by July 1, 2009, in
conjunction with the Division of Off-Highway Motor Vehicle Recreation
of the Department of Parks and Recreation, to report to the Assembly
Committee on Water, Parks and Wildlife and the Senate Committee on
Natural Resources and Water, regarding recommendations to improve the
identification of off-highway motor vehicles. The report would be
required to, at a minimum, examine the benefits and challenges of
using multiple identification stickers for each vehicle,
requiring license plates or other device alternatives for certain
off-highway vehicle types, and including a unique number for special
nonresident permits certain options related to that
identification . The department and the
division would be required, in preparing the report, to work
with vehicle manufacturers to evaluate feasibility.
(10) Existing law, until January 1, 2008, generally imposes a
service fee of $7 for the issuance or renewal of identification of
off-highway motor vehicles subject to identification, and a special
fee of $8 that is required to be paid at the time of payment of the
service fee. Until January 1, 2008, existing law requires specified
moneys, including that special fee, the moneys transferred to the
fund as described in (5) (8) above, and
specified use fees for state vehicular recreation areas, to be
deposited in the fund. On and after January 1, 2008, existing law
repeals those provisions, except for the imposition of the $7 service
fee.
This bill, on and after January 1, 2008, would impose a special
fee of $50 $33 that would be required
to be paid at the time of payment of the service fee. The bill would
require the special fees, moneys transferred to the fund from the
fuel account pursuant to the bill, and specified use fees for state
vehicular recreation areas to be deposited in the fund. The bill
would require, upon appropriation, moneys in the fund to be allocated
for specified purposes related to off-highway recreation.
(11) Under existing law, it is unlawful to operate a vehicle in
violation of special regulations, which have been promulgated by the
governmental agency having jurisdiction over public lands, including,
but not limited to, regulations governing access, routes of travel,
plants, wildlife, wildlife habitat, water resources, and historical
sites.
This bill would establish monetary penalties and, in
specified cases, impoundment and imprisonment for the violation.
provide that a person who operates a motor vehicle in
an area closed to that vehicle is guilty of a public offense,
and would assess monetary penalties for the violation. By
creating a new crime, the bill would impose a state-mandated local
program.
(12 This
(12) This bill would make other
changes related to off-highway recreation.
(13) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5090.02 of the Public Resources Code is amended
to read:
5090.02. (a) The Legislature finds all of the following:
(1) Off-highway motor vehicles are enjoying an ever-increasing
popularity in California.
(2) Off-highway recreation includes both motorized recreation and
motorized off-highway access to nonmotorized recreation activities.
(3) The indiscriminate and uncontrolled use of those vehicles may
have a deleterious impact on the environment, wildlife habitats,
native wildlife, and native flora.
(b) The Legislature hereby declares that effectively managed areas
and adequate facilities for the use of off-highway vehicles and
conservation and enforcement are essential for ecologically balanced
recreation.
(c) Accordingly, it is the intent of the Legislature that:
(1) Existing off-highway motor vehicle recreational areas,
facilities, and opportunities should be expanded and managed in a
manner consistent with this chapter, in particular to maintain
sustained long-term use.
(2) New off-highway motor vehicle recreational areas, facilities,
and opportunities should be provided and managed pursuant to this
chapter in a manner that will sustain long-term use.
(3) The department should support both motorized recreation and
motorized off-highway access to nonmotorized recreation.
(4) When areas or trails or portions thereof cannot be maintained
to appropriate established standards for sustained long-term use,
they should be closed to use and repaired, to prevent accelerated
erosion. Those areas should remain closed until they can be managed
within the soil conservation standard or should be closed and
restored.
(5) Prompt and effective implementation of the Off-Highway Motor
Vehicle Recreation Program by the department and the
Division of Off-Highway Motor Vehicle Recreation should have an equal
priority among other programs in the department.
(6) Off-highway motor vehicle recreation should be managed in
accordance with this chapter through financial assistance to local
government governments and joint
undertakings with agencies of the United States and with
federally recognized Native American tribes.
SEC. 2. 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 nine members, five of
whom shall be appointed by the Governor and subject to Senate
confirmation, 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 recreation
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 a 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 is a reference to, and means, the Off-Highway Motor
Vehicle Recreation Commission.
SEC. 3. Section 5090.23 of the Public
Resources Code is repealed.
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. 3. SEC. 4. 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. The meetings shall include a public
meeting, before the beginning of each grant program cycle, to collect
public input concerning the program, recommendations for
public program improvements, and specific
project needs for the system.
(c) Hold a public hearing to receive public comment regarding
a any proposed substantial acquisition
or development project at a location in close geographic proximity to
the project, unless a hearing consistent with federal law or
regulation has already been held regarding the project.
(d) 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.
(e) Review and comment annually to the director on the proposed
budget of expenditures from the fund.
(f) Review all plans for new and expanded local and regional
vehicle recreation areas that have applied for grant funds.
(g) Review and comment on the strategic plan developed by the
division pursuant to Section 5090.32.
(h) Prepare and submit a program report to the Governor, the
Assembly Water, Parks, and Wildlife Committee, the Senate Committee
on Natural Resources and Water, and the Committee on Appropriations
of each house on or before January 1, 2011, and every three years
thereafter. The report shall be adopted by the commission after
discussing the contents during two or more public meetings. The
report shall address the status of the program and off-highway
motor vehicle recreation, including all of the following:
(1) The status of the program and off-highway motor vehicle
recreation.
(2)
(1) The results of the strategic planning process
completed pursuant to subdivision (n) (l)
of Section 5090.32.
(3)
(2) The condition of natural and cultural resources of
areas and trails receiving state off-highway motor vehicle funds and
the resolution of conflicts of use in those areas and trails.
(4) The accomplishments of the grant program under Section
5090.50, including recommendations on changes to the distribution of
funds between the different grant categories to improve the
sustainability of the program.
(5)
(3) The status and accomplishments of the
Conservation and Enforcement Services Account funds
appropriated for restoration pursuant to paragraph (2) of subdivision
(b) of Section 5090.50 .
(6)
(4) A summary of resource monitoring data compiled and
restoration work concluded completed .
(7)
(5) Actions taken by the division and department since
the last program report to discourage and decrease trespass of
private property by off-highway motor vehicles.
off-highway motor vehicles on private property.
(8)
(6) Other relevant program-related environmental issues
that have arisen since the last program report.
SEC. 4. SEC. 5. 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 , except
where otherwise specified .
(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)
(f) Provide staff assistance to the commission.
(h)
(g) Prepare and implement plans for lands in, or
proposed to be included in, state vehicular recreation areas,
including new state vehicular recreation areas. However, a plan shall
not be prepared in any instance specified in subdivision (c) of
Section 5002.2.
(i)
(h) 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)
(i) Recruit and utilize volunteers to further the
objectives of the program.
(k)
(j) Prepare and coordinate safety and education
programs.
()
(k) 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.
(m)
(l) Complete by January 1, 2009, a strategic planning
process that will identify future off-highway motor
vehicle recreational needs, including, but not limited to, potential
off-highway motor vehicle parks in urban areas to properly
direct vehicle operators away from illegal or environmentally
sensitive areas. The strategic planning process may also
identify areas or conditions with a high restoration priority.
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 strategic plan
shall be reviewed by the commission and updated periodically.
SEC. 5. SEC. 6. Section 5090.34 of
the Public Resources Code is repealed.
SEC. 6. SEC. 7. Section 5090.34 is
added to the Public Resources Code, to read:
5090.34. (a) In cooperation with the commission, the division
shall make available on the division's Internet Web site information
regarding off-highway motor vehicle recreation
opportunities, pertinent laws and regulations, and responsible use of
the system. At a minimum, the Web site shall include the following:
(1) The text of laws and regulations relating to the program and
operation of off-highway vehicles.
(2) A statewide map and regional maps of federal, state, and local
off-highway vehicle recreation areas and facilities in the state
, including links to maps of federal off-highway
vehicle routes resulting from the route designation process .
(3) Safety information Information
concerning safety, education, and trail etiquette.
(4) Information to prevent trespass, damage to public and private
property, and damage to natural resources , including penalties
and liability associated with trespass and damage caused .
(b) The division shall create a guidebook of federal, state, and
local off-highway vehicle recreation opportunities that
includes contact information where current specific maps and
information for each facility can be located. Contact information may
include Web site addresses, telephone numbers, and addresses of
offices where maps can be accessed. The guidebook shall also include
the address of the Web site where the information in subdivision (a)
may be found.
(c) The division shall work with retailers of off-highway motor
vehicles and off-highway recreation associations to distribute the
guidebook developed under subdivision (b) and to increase awareness
of the resources available on the division's Internet Web site.
SEC. 7. SEC. 8. Section 5090.50 of
the Public Resources Code is repealed.
SEC. 8. SEC. 9. Section 5090.50 is
added to the Public Resources Code, to read:
5090.50. (a) The department shall develop and implement a local
assistance grant and cooperative agreement program to support 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. This program shall support both
motorized recreation and motorized off-highway access to nonmotorized
recreation.
(b) The following amounts, as a percent of the total amount
appropriated by the Legislature for grants and cooperative
agreements, shall be awarded under the following categories:
(1) Fifty percent for the administration, maintenance, operation,
or conservation of trails, trailheads, areas, and other facilities
associated with the use of off-highway motor vehicles. Projects in
this category may also include the planning, acquisition,
development, and construction of new and expanded local and regional
riding opportunities.
(2) Twenty-five percent for restoration projects as defined in
Section 5090.11. Projects in this category may also be used for the
repair of lands damaged by illegal or unauthorized use. Restoration
projects may contain a planning component if the project includes
restoration of an area that is closed to off-highway recreation.
Restoration projects do not include trail repairs or construction for
motorized use.
(3) Twenty percent for law enforcement allocated pursuant to
Section 5090.52.
(4) Five percent for comprehensive education programs that teach
off-highway motor vehicle safety, environmental responsibility, and
respect for private property.
(c) Eligible grant and cooperative agreement applicants include:
(1) Cities, counties, and appropriate districts that have approval
to apply for grant funds, in the form of a resolution from their
governing body.
(2) State agencies for projects under paragraph (2) of subdivision
(b).
(3) Agencies of the United States, except for new federal vehicle
recreation areas.
(4) Federally recognized Native American tribes.
(5) Educational and nonprofit organizations for eligible projects
described in subdivision (g).
(d) Guidelines developed to implement this program shall, at a
minimum:
(1) Distribute grants and cooperative agreements on a competitive
basis, except for law enforcement grants allocated in accordance with
Section 5090.52.
(2) Be developed with public input, including focus groups.
(3) Establish the maximum amount for any application.
(4) Establish the maximum amount that each applicant may receive
in each specific project category as described in subdivision (b).
(5) Require applications to be in accordance with local or federal
plans and the strategic plan for off-highway motor vehicle
recreation prepared by the division.
(6) Require applicants to comply with the California Environmental
Quality Act (Division 13 (commencing with Section 21000)).
Applications for cooperative agreements shall complete environmental
review procedures that are at least comparable to those of the
California Environmental Quality Act.
(7) Require the applicant to agree to provide matching funds or
the equivalent value of services or material used, in an amount not
less than 25 percent of the total project cost.
(8) Require the applicant, if it is a city or county, to disclose
how fees collected pursuant to Section 38230 of the Vehicle Code are
being used and whether the use of these fees complements the
applicant's project.
(9) Fund all eligible applications to the extent feasible.
(e) Applications that would affect lands identified as inventoried
roadless areas by the United States Forest Service, including areas
identified in the maps contained in the United States Department of
Agriculture's Forest Service Roadless Area Conservation, Final
Environmental Impact Statement, Volume 2, dated November 2000, are
not eligible for cooperative agreements under paragraph (1) of
subdivision (b), except if the application is for a project that:
(1) Realigns a route to prevent irreparable resource damage that
arises from the design, location, use, or deterioration of a
classified route and that cannot be mitigated by route maintenance.
(2) Reconstructs a route to implement a route safety improvement
project on a classified route determined to be hazardous on the basis
of accident experience or accident potential on that route.
(f) All grants and cooperative agreements under paragraphs (1) and
(2) of subdivision (b) shall be subject to the uniform application
of soil standards and wildlife habitat protection standards specified
in Section 5090.53.
(g) 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 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.
(h) The director of the department shall approve all grants and
cooperative agreements entered under this section.
(i) The department shall conduct an annual audit of the grants and
cooperative agreements program. Notwithstanding Section 5090.52, the
department shall also conduct, or cause to be conducted, an audit of
the performance of a minimum of twenty percent of grant and
cooperative agreement recipients.
5090.50. (a) The division shall develop and implement a grant and
cooperative agreement program to support 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.
(b) When appropriated by the Legislature for grants and
cooperative agreements, available funds shall be awarded in
accordance with the following categories:
(1) Operation and maintenance.
(A) Fifty percent of the funds appropriated by the Legislature
pursuant to subdivision (a) of Section 5090.61 shall be expended
solely for grants and cooperative agreements for the acquisition,
maintenance, operation, planning, development, or conservation of
trails and facilities associated with the use of off-highway motor
vehicles for recreation or motorized access to nonmotorized
recreation.
(B) Guidelines developed to implement this paragraph, pursuant to
subdivision (d), shall at a minimum:
(i) Give preference to applications that sustain existing
off-highway motor vehicle recreation opportunities.
(ii) Give additional consideration to applications that improve
facilities that provide motorized access to nonmotorized recreation
opportunities.
(C) Applications that would affect lands identified as inventoried
roadless areas by the Forest Service of the United States Department
of Agriculture are eligible for cooperative agreements under
paragraph (1) if the application is for a project that does any of
the following:
(i) Realigns a forest system road or trail to prevent irreparable
resource damage that arises from the design, location, use, or
deterioration of a classified route and that cannot be mitigated by
route maintenance.
(ii) Reconstructs a national forest system road or trail to
implement a route safety improvement project on a classified route
determined to be hazardous on the basis of accident experience or
accident potential on that route.
(iii) Maintains a road or trail that is included in the National
Forest Road and Trail System on or before January 1, 2009.
(D) Any unencumbered funds under this paragraph shall only be used
in future grant cycles for purposes consistent with this paragraph.
(2) Restoration.
(A) Twenty-five percent of the funds appropriated by the
Legislature pursuant to subdivision (a) of Section 5090.61 shall be
expended solely for grants and cooperative agreements for projects
that provide ecological restoration or repair to habitat damaged by
either legal or illegal off-highway motor vehicle use.
(B) The division shall develop and implement, in consultation with
the Wildlife Conservation Board, a competitive grant and cooperative
agreement program which shall be administered in accordance with
this paragraph.
(C) Funds identified in this paragraph shall be available for
grants and cooperative agreements for projects that provide
ecological restoration or repair to habitat damaged by both legal and
illegal off-highway motor vehicle use.
(D) Eligible projects include:
(i) Removal of a road or trail or restoration of an area
associated with the rerouting and subsequent closure of a designated
road or trail.
(ii) Removal of roads or trails and the restoration of damaged
habitats in any area that is not designated for motorized vehicle
use.
(iii) The removal of closed roads or trails, or a portion of a
closed road or trail, that will help to prevent off-highway motor
vehicle access to closed areas.
(iv) Scientific and cultural studies regarding the impact of
off-highway motor vehicle recreation not otherwise required by state
or federal laws.
(v) Planning to identify appropriate restoration techniques,
strategies, and project implementation, including planning associated
with environmental review.
(vi) Restoration projects that generally improve and restore the
function of natural resource systems damaged by motorized activities.
(E) Eligible applicants include local, state, and federal
entities, Native American tribes, educational institutions, and
eligible nonprofit organizations.
(F) Guidelines developed to implement this paragraph shall at a
minimum do all of the following:
(i) Give additional consideration to applications for projects
that will restore areas that have the potential for the most
significant environmental damage.
(ii) Guarantee that no grant will be used for the development or
maintenance of trails for motorized use.
(G) Any unencumbered funds under this paragraph shall be used only
in future grant cycles for purposes consistent with this paragraph.
(3) Law enforcement.
(A) Twenty percent of the funds appropriated by the Legislature
pursuant to subdivision (a) of Section 5090.61 shall be available for
law enforcement grants and cooperative agreements and shall be
allocated to local and federal law enforcement entities for personnel
and related equipment. The amount of the grant or cooperative
agreement shall be proportionate to the off-highway motor vehicle
enforcement needs under each entity's jurisdiction.
(B) The division shall develop a method to determine the law
enforcement needs for each applicant. Forty percent of law
enforcement grants and cooperative agreements shall be given to local
law enforcement entities, 30 percent to units of the United States
Bureau of Land Management, and 30 percent to units of the United
States Forest Service.
(C) The division shall develop eligibility guidelines for law
enforcement projects. The guidelines, at a minimum, shall require the
applicant to do all of the following:
(i) Specify formal and informal cooperation with other appropriate
law enforcement entities, including any applicable federal entities.
(ii) Establish a policy on how violations of off-highway motor
vehicle laws and regulations will be enforced on federal land, if the
applicant is a local law enforcement entity.
(iii) Identify areas with high priority law enforcement needs
because of public safety, cultural resources, and sensitive
environmental habitats, including wilderness areas and areas of
critical environmental concern.
(iv) Explain whether the applicant is recovering a portion of law
enforcement costs directly associated with privately sponsored events
where sponsors have obtained a local permit.
(v) Establish a public education program that includes information
regarding safety programs offered in the area and how to report
off-highway motor vehicle operation violations.
(vi) Specify how personnel is trained and educated regarding
off-highway motor vehicle safety and resource and cultural
protection.
(D) Notwithstanding subdivision (h), law enforcement entities that
receive funds allocated pursuant to this paragraph shall be subject
to a financial and performance audit at least once every five years.
The audits may be conducted in
a random order. As part of the audit, the department shall
consider whether the law enforcement entity has spent the grant
money in accordance with its application.
(4) Education and safety. Five percent of the funds appropriated
by the Legislature pursuant to subdivision (a) of Section 5090.61
shall be available for grants and cooperative agreements that either
provide comprehensive education that teaches off-highway motor
vehicle safety, environmental responsibility, and respect for private
property, or provide safety programs associated with off-highway
motor vehicle recreation.
(c) Eligible grant and cooperative agreement applicants include:
(1) Cities, counties, and districts that have approval to apply
for grant funds, in the form of a resolution from their governing
body.
(2) State agencies for projects under paragraph (2) of subdivision
(b).
(3) Agencies of the United States.
(4) Federally recognized Native American tribes.
(5) Education and nonprofit organizations for eligible projects
described in subdivision (f).
(d) Guidelines developed to implement this program shall at a
minimum do all of the following:
(1) Distribute grants and cooperative agreements on a competitive
basis, except for law enforcement grants allocated in accordance with
paragraph (3) of subdivision (b).
(2) Be developed with public input, including focus groups.
(3) Require applications to be in accordance with local or federal
plans and the strategic plan for off-highway motor vehicle
recreation prepared by the division.
(4) Require grant applicants to comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)). Applicants for cooperative agreements shall complete
environmental review procedures that are at least comparable to those
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000)).
(5) Require the applicant to agree to provide matching funds or
the equivalent value of services or material used, in an amount not
less than 25 percent of the total project cost.
(6) Require the applicant, if it is a city or county, to disclose
how fees collected pursuant to Section 38230 of the Vehicle Code are
being used and whether the use of these fees complements the
applicant's project.
(7) Fund all eligible applications to the extent feasible.
(e) All grants and cooperative agreements involving ground
disturbing activities shall be subject to the uniform application of
soil and wildlife habitat protection standards specified in Section
5090.53.
(f) Grants may be awarded to educational institutions and
nonprofit organizations. Eligible projects shall be limited to
scientific research, natural resource conservation activities, trail
and facility maintenance, restoration, and programs involving
off-highway motor vehicle safety or education. If the application for
grant funds involves activities on any public lands, all of the
following shall apply:
(1) The applicant shall include a work plan for the project.
(2) The applicant shall provide written permission from the
appropriate land manager to conduct a project, including a
description of how the project fits with the land management goals of
the area.
(3) The applicant shall provide matching funds or the equivalent
value of volunteer services or material used, in an amount not less
than 25 percent of the total project cost.
(4) The applicant shall be fiscally responsible for adhering to
the terms and conditions of the grants.
(g) The deputy director of the division shall not participate in
the scoring of grants or cooperative agreements.
(h) The department shall conduct an annual financial audit of the
grants and cooperative agreements program. During each year, the
department shall also conduct, or cause to be conducted, an audit of
the performance of a minimum of 20 percent of grant and cooperative
agreement recipients.
(i) The division shall establish an administrative appeal process
as part of the grants and cooperative agreements program. At a
minimum, this process shall do all of the following:
(1) Give applicants the right to appeal on the following grounds:
(A) The division failed to follow regulations established for the
award of grants and cooperative agreements.
(B) The division lacked sufficient factual evidence to support or
deny the award of a grant or cooperative agreement.
(2) Require the applicant to first appeal to the deputy director
of the division. If that appeal is denied, the applicant may then
appeal to the director of the division, or the director's appointee.
(3) Require applicants to file their first appeal within 30
calendar days following the notice of award or denial of a grant or
cooperative agreement. Notice of the decision or the rejection of the
appeal shall be issued within 60 days following the filing of an
appeal.
(4) Require applicants to exhaust these appeal rights prior to
seeking other legal remedies through the courts.
SEC. 9. SEC. 10. Section 5090.51 of
the Public Resources Code is repealed.
SEC. 10. Section 5090.52 is added to the Public
Resources Code, to read:
5090.52. (a) Law enforcement grants and cooperative agreements
shall be allocated to local and federal law enforcement entities for
personnel and related equipment. The amount of the grant or
cooperative agreement shall be proportionate to the off-highway motor
vehicle enforcement needs under each entity's jurisdiction.
(b) The department shall develop a method to determine the law
enforcement needs for each applicant. Forty percent of law
enforcement grants and cooperative agreements shall be given to local
law enforcement entities, 30 percent to units of the United States
Bureau of Land Management, and 30 percent to units of the United
States Forest Service.
(c) The department shall develop eligibility guidelines for law
enforcement projects. The guidelines, at a minimum, shall require the
applicant to do all of the following:
(1) Specify formal and informal cooperation with other appropriate
law enforcement entities, including any applicable federal entities.
(2) Establish a policy on how violations of off-highway motor
vehicle laws and regulations will be enforced on federal land, if the
applicant is a local law enforcement entity.
(3) Identify areas with high priority law enforcement needs
because of public safety, cultural resources, and sensitive
environmental habitats, including wilderness areas and areas of
critical environmental concern.
(4) Explain whether the applicant is recovering a portion of law
enforcement costs directly associated with privately sponsored events
where sponsors have obtained a local permit.
(5) Establish a public education program that includes information
regarding safety programs offered in the area and how to report
off-highway motor vehicle operation violations.
(6) Specify how personnel is trained and educated regarding
off-highway motor vehicle safety, resource protection, and cultural
protection.
(d) Notwithstanding subdivision (i) of Section 5090.50, law
enforcement entities that receive funds allocated pursuant to
subdivision (a) shall be subject to an audit at least once every five
years. The department may conduct audits in a random order. As part
of the audit, the department shall consider whether the law
enforcement entity has spent the grant money in accordance with its
application.
SEC. 11. Section 5090.53 of the Public Resources Code is amended
to read:
5090.53. No funds may be granted or expended pursuant to
paragraphs (1) and (2) of subdivision (b) of Section
5090.50, unless all of the following conditions are met:
(a) The If the project involves a ground
disturbing activity, 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.
(b) The If the project involves a ground
disturbing activity, the recipient agrees to monitor the
condition of soils and wildlife in the project area each year in
order to determine whether the soil conservation standards adopted
pursuant to Section 5090.35 and the wildlife habitat protection
programs program prepared pursuant to
subdivision (a) are being met.
(c) The If the project involves a ground
disturbing activity, the recipient agrees that, whenever the
soil conservation standards adopted pursuant to Section 5090.35 are
not being met in any portion of a project area, the recipient shall
close temporarily that noncompliant portion, to repair and prevent
accelerated erosion, until the same soil conservation standards
adopted pursuant to Section 5090.35 are met.
(d) The If the project involves a ground
disturbing activity, the recipient agrees that, whenever the
wildlife habitat protection programs program
prepared pursuant to subdivision (c) are
(a) is not being met in any portion of a project area, the
recipient shall close temporarily that noncompliant portion until
the same wildlife habitat protection programs
program prepared pursuant to subdivision (a) are
is met.
(e) 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 operation of off-highway
motor vehicles.
(f) The recipient agrees to cooperate with appropriate law
enforcement entities to provide proper law enforcement at and around
the facility.
(g) The recipient has identified the potential for the facility to
reduce illegal and unauthorized off-highway motor vehicle recreation
activities in the surrounding areas.
(h) The recipient has included in its application a description of
how it is meeting the operations and maintenance needs of any
existing off-highway motor vehicle recreation facility under its
jurisdiction.
SEC. 12. Section 5090.61 of the Public Resources Code is repealed.
SEC. 13. Section 5090.61 is added to the Public Resources Code,
to read:
5090.61. Moneys in the fund shall be available, upon
appropriation by the Legislature, as follows:
(a) An amount, not to exceed 50 percent of the annual revenues to
the fund, shall be available for local assistance
grants or and cooperative agreements
pursuant to Article 5 (commencing with Section 5090.50).
(b) (1) The remainder of the annual revenues to the fund shall be
available for the support of the division in implementing the
off-highway motor vehicle recreation program and for the
planning, acquisition, development, restoration,
construction, maintenance, administration, operation ,
restoration , and conservation of lands in the system.
(2) As used in this subdivision, "support of the division"
includes functions performed outside of 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
the purposes of Section 5090.35, and legal services. "Support of the
division" does not include costs incurred by, or attributable to, the
director or the director's immediate staff, or their salaries.
SEC. 14. Section 5090.63 of the Public Resources Code is repealed.
SEC. 15. Section 5090.64 of the Public
Resources Code is amended to read:
5090.64. 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.
SEC. 15 Section 5090.64 of the Public
Resources Code is repealed.
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. 16. Section 5090.70 of the Public Resources Code is amended
to read:
5090.70. This chapter shall remain in effect only until January
1, 2013 2018 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2013 2018 , deletes or
extends that date.
SEC. 17. Section 5091.15 of the Public Resources Code is amended
to read:
5091.15. (a) Except as provided in this section, no person shall,
from November 1 of any year to May 30 of the next year or for a
shorter time as determined by the department, park a vehicle in a
designated parking area unless the vehicle displays a parking permit
issued by the department. Overnight camping in a vehicle parked in a
designated parking area may be authorized by the department when it
determines that the use is for a recreational activity, is safe and
prudent, and is of limited duration.
(b) No parking permit shall be required under this section for a
vehicle owned and operated by the United States, another state or
political subdivision thereof, or by this state or by a city, county,
district, or political subdivision thereof.
(c) The fee for the issuance of a parking permit under this
chapter shall be determined by the department. The department shall
hold at least one public hearing and notify the Legislature at least
30 days prior to any proposal to change the fees.
(d) A person who violates this section is guilty of an infraction
punishable by a fine of seventy-five dollars ($75). Unless the peace
officer issuing the citation witnesses the parking of the vehicle, a
rebuttable presumption exists that a vehicle parked in violation of
this section was parked by the registered owner of the vehicle. If
the parking of the vehicle is witnessed by the peace officer, the
operator of the vehicle is in violation of this section.
(e) The department may negotiate reciprocity agreements with other
states having similar programs if the agreements are in the best
interests of the California SNO-PARK program.
(f) The department may contract with appropriate agencies for law
enforcement, including, but not limited to, the Department of the
California Highway Patrol, the county sheriffs, and the United States
Department of Agriculture Forest Service. Enforcement activities may
be funded with moneys appropriated from the Winter Recreation Fund.
SEC. 18. Section 5091.25 of the Public
Resources Code is amended to read:
5091.25. (a) Proceeds from the sale of SNO-PARK parking permits
shall be paid to the State Treasury to the credit of the Winter
Recreation Fund, which is hereby created.
(b) The moneys in the Winter Recreation Fund shall be allocated,
when appropriated, as follows:
(1) An amount equal to the actual and necessary costs incurred in
the removal of snow from designated parking areas shall be paid to
the Department of Transportation.
(2) An amount not to exceed 5 percent of total funds available
shall be expended for administrative costs directly incurred through
the implementation of this chapter.
(3)
(2) The balance of the funds shall be expended for the
acquisition, lease, development, and maintenance of additional
designated parking areas, for sanitation facilities, trailhead
markings, and other facilities designed to promote the safety and
well-being of persons engaged in winter recreation, and for grants to
counties for the actual and necessary costs incurred in the removal
of snow from designated parking areas, and to inform and educate the
public about the program.
SEC. 18. SEC. 19. Section 8352.6 of
the Revenue and Taxation Code is repealed.
SEC. 19. SEC. 20. Section 8352.6 is
added to the Revenue and Taxation Code, to read:
8352.6. (a) Subject to Section 8352.1, on the first day of every
month, there shall be transferred from money deposited to the credit
of the Motor Vehicle Fuel Account to the Off-Highway Vehicle Trust
Fund created by Section 38225 of the Vehicle Code an amount
attributable to taxes imposed upon distributions of motor vehicle
fuel used in the operation of motor vehicles off-highway and for
which a refund has not been claimed. Transfers made pursuant to this
section shall be made prior to transfers pursuant to Section 8352.2.
(b) The amount transferred pursuant to subdivision (a), as a
percent of the Motor Vehicle Fuel Account, shall be equal to the
percent transferred in the 2006-07 fiscal year. Every five years,
starting in fiscal year 2013-14 the 2013-14
fiscal year , the percent transferred may be adjusted by the
Department of Transportation in cooperation with the Department of
Parks and Recreation and the Department of Motor Vehicles.
Adjustments shall be based on, but not limited to, the changes in the
following factors since fiscal year 2006-07
the 2006-07 fiscal year or the last adjustment, whichever is
more recent:
(1) The number of vehicles registered as off-highway motor
vehicles as required by Division 16.5 (commencing with Section 38000)
of the Vehicle Code.
(2) The number of registered street-legal vehicles that are
anticipated to be used off-highway, including four-wheel drive
vehicles, all-wheel drive vehicles, and dual-sport motorcycles.
(3) Attendance at the state vehicular recreation areas.
(4) Off-highway recreation use on federal lands as indicated by
the United States Forest Service's National Visitor Use Monitoring
and the United States Bureau of Land Management's Recreation
Management Information System.
(c) It is the intent of the Legislature that transfers from the
Motor Vehicle Fuel Account to the Off-Highway Motorized Vehicle Trust
Fund should reflect the full range of motorized vehicle use
off-highway for both motorized recreation and motorized off-road
access to other recreation opportunities. Therefore, the Legislature
finds that the fuel tax baseline established in subdivision (b),
attributable to off-highway estimates of use during
as of the 2006-07 fiscal year, accounts for the
three categories of vehicles that have been found over the years to
be users of fuel for off-highway motorized recreation or motorized
access to nonmotorized recreational pursuits. These three categories
are (1) registered off-highway motorized
vehicles, (2) registered street legal
motorized vehicles used off-highway, and (3)
unregistered off-highway motorized vehicles.
(d) It is the intent of the Legislature that the off-highway
motor vehicle recreational use to be determined by
the Department of Transportation pursuant to this section
paragraph (2) of subdivision (b) , be that usage
by vehicles subject to registration under Division 3 (commencing
with Section 4000) of the Vehicle Code, for recreation or the pursuit
of recreation on surfaces where the use of vehicles registered under
Division 16.5 (commencing with Section 38000) of the Vehicle Code
may occur.
SEC. 20. SEC. 21. Section 8352.7 of
the Revenue and Taxation Code is repealed.
SEC. 21. SEC. 22. 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 created by Section 38225 of the Vehicle Code.
(b) 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.
expenditure, upon appropriation by the Legislature, for the following
purposes:
(1) Up to the 40 percent of the funds, for cooperative agreements
or challenge cost-sharing agreements with the United States Forest
Service and the United States Bureau of Land Management, to complete
necessary route designation planning work and to implement route
planning decisions.
(2) Up to one million one hundred thousand dollars ($1,100,000)
for each grant cycle, to increase the amount of funds available for
restoration grants in the program pursuant to paragraph (2) of
subdivision (b) of Section 5090.50 of the Public Resources Code.
SEC. 22. SEC. 23. Section 38165 of
the Vehicle Code is amended to read:
38165. (a) The department shall determine the size, color, and
letters or number of the plate or device issued pursuant to this
division and the life of the series of plate or device issued, but in
no event less than six years. The design of the plate or device
shall have the identification number as the most prominent feature of
the device. During the intervening identification periods for which
the plate or device is issued, the department shall issue a tab,
sticker, or other suitable device to indicate the term for which such
plate or device will be valid.
(b) On or before July 1, 2009, the department, in conjunction with
the Division of Off-Highway Motor Vehicle Recreation of the
Department of Parks and Recreation, shall report to the Assembly
Committee on Water, Parks and Wildlife and the Senate Committee on
Natural Resources and Water, regarding recommendations to improve the
identification of off-highway motor vehicles. At a minimum,
the report should examine the benefits and challenges of using
multiple identification stickers for each vehicle, requiring license
plates or other device alternatives for certain off-highway vehicle
types, and including a unique number for special nonresident permits
issued under Section 38087.5. In preparing the report, the department
and the Division of Off-Highway Motor Vehicle Recreation shall work
with vehicle manufacturers to evaluate feasibility.
minimum, the report shall examine the benefits and challenges of all
of the following:
(1) Using multiple identification stickers for each vehicle.
(2) Using large-print identifying numbers or letters.
(3) Various identifying devices, such as license plates and
stickers.
(4) Requiring license plates or other device alternatives for
certain off-highway vehicle types.
(5) Including a unique number for special nonresident permits
issued under Section 38087.5.
(c) In preparing the report, the department and the Division of
Off-Highway Motor Vehicle Recreation shall work with vehicle
manufacturers to evaluate feasibility.
SEC. 23. SEC. 24. Section 38225 of
the Vehicle Code, as amended by Section 58 of Chapter 77 of the
Statutes of 2006, 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 required by subdivision (a), a
special fee of fifty dollars ($50)
thirty-three dollars ($33) 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 Section 8352.6 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 all-terrain vehicles ,
motorcycles, and snowmobiles. All money shall be deposited in the
fund, and, upon appropriation by the Legislature, shall be allocated
according to Section 5090.61 of the Public Resources Code.
SEC. 24. SEC. 25. Section 38301 of
the Vehicle Code is amended to read:
38301. (a) It is unlawful to operate a vehicle in violation of
special regulations which have been promulgated by the governmental
agency having jurisdiction over public lands, including, but not
limited to, regulations governing access, routes of travel, plants,
wildlife, wildlife habitat,
water resources, and historical sites.
(b) A person who violates subdivision (a)
operates a motor vehicle in an area closed to that vehicle is
guilty of a public offense and shall be punished as follows:
(1) Except as provided in paragraphs (2) and (3), the offense is
an infraction punishable by a fine not exceeding fifty dollars ($50).
(2) For a second offense committed within seven years after a
prior violation for which there was a conviction punishable under
paragraph (1), the offense is an infraction punishable by a fine not
exceeding seventy-five dollars ($75).
(3) (A) For a third or
subsequent offense committed within seven years after two or more
prior violations for which there were convictions punishable under
this section, the offense is a misdemeanor
punishable by a fine not exceeding one hundred fifty dollars
($150) or by imprisonment in the county jail for a period not
exceeding 30 days, or by both that fine and imprisonment.
dollars ($150). In addition to the fine, the court may assess
costs sufficient to repair property damage resulting from the
violation.
(B) In addition to the fine imposed under subparagraph (A), the
court may order impoundment of the vehicle used in the offense if the
person convicted under this subdivision is the owner of the vehicle
and the vehicle is subject to Section 4000 or 38010. The period of
impoundment imposed pursuant to this subdivision shall not be less
than one day nor more than 30 days. The impoundment shall be at the
owner's expense.
SEC. 25. SEC. 26. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.