BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 742|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 742
Author: Steinberg (D), et al
Amended: 9/6/07
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 5-3, 4/10/07
AYES: Steinberg, Kehoe, Kuehl, Machado, Migden
NOES: Margett, Cogdill, Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : 10-6, 5/31/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Simitian, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
NO VOTE RECORDED: Battin
SENATE FLOOR : 21-17, 6/6/07
AYES: Alquist, Calderon, Cedillo, Corbett, Kehoe, Kuehl,
Lowenthal, Machado, Migden, Oropeza, Padilla, Perata,
Ridley-Thomas, Romero, Scott, Simitian, Steinberg,
Torlakson, Vincent, Wiggins, Yee
NOES: Aanestad, Ackerman, Battin, Cogdill, Correa, Cox,
Denham, Ducheny, Dutton, Harman, Hollingsworth,
Maldonado, Margett, McClintock, Negrete McLeod, Runner,
Wyland
NO VOTE RECORDED: Ashburn, Florez
ASSEMBLY FLOOR : 74-0, 9/10/07 - See last page for vote
SUBJECT : Off-highway motor vehicle recreation
SOURCE : Author
CONTINUED
SB 742
Page
2
DIGEST : This bill makes major revisions to the
Off-Highway Motor Vehicle Recreation Program in the
Department of Parks & Recreation and extends the sunset
date
Assembly Amendments changed how the local assistance grant
program operates with regards to the bill.
ANALYSIS : In 1971, the Legislature established the
Off-Highway Vehicle (OHV) Program in Chapter 1.25 of
Division 5 of the Public Resources Code (commencing with
Section 5090.01) to manage off-highway recreation in a
manner that also protects California's natural and cultural
resources. To implement all aspects of the OHV program, the
Division of OHV Recreation (Division) was created within
the Department of Parks and Recreation (DPR). The Division
is responsible for the planning, acquisition, development,
and management of the eight state vehicle recreation areas
(SVRAs), the preparation and coordination of safety and
education programs, and the administration of the grants
and cooperative agreements program (grants program). The
Division is also responsible for completing and
periodically updating a strategic planning process that
will identify future OHV recreation needs and the potential
to reduce illegal and environmentally damaging riding.
This bill:
1. Increases the number of members on the OHV Commission
(Commission) from seven to nine members, five of whom
shall be appointed by the Governor subject to Senate
confirmation, two by the Senate Rules Committee and two
by the Assembly Speaker.
2. Changes the role of the Commission by removing the
authority of the Commission to approve grants, to
approve capital outlay expenditures of the OHV Division
of DPR, and to establish policies for the Division.
3. Provides that the Commission shall have responsibility
for holding a public hearing before each grant program
cycle, and prior to any proposed substantial acquisition
CONTINUED
SB 742
Page
3
or development project in close geographic proximity to
the project. Gives the Commission responsibility to
review plans for new and expanded local and regional
vehicle recreation areas that have applied for grant
funds, and to review and comment on the Divisions'
strategic plan.
4. Requires the Commission to report to the Legislature and
Governor by January 1, 2011, and every three years
thereafter, on the status of the OHV program and OHV
recreation, the strategic plan, the condition of areas
and trails receiving state OHV funds, the status and
accomplishments of funds appropriated for restoration,
resource monitoring data compiled and restoration work
completed, actions taken by the Division and DPR to
discourage trespass by OHVs on private property, and
other program related environmental issues.
5. Provides that the Division has responsibility for, among
other things, implementation of all aspects of the
program. Requires the Division to complete a strategic
plan by January 1, 2009. Requires the plan to be
reviewed by the Commission and updated periodically.
6. Requires the Division, in cooperation with the
Commission, to make information available on the
Division's website regarding OHV recreation
opportunities, laws and regulations, maps of OHV areas
and facilities, safety, education and trail etiquette,
and information to prevent trespass and damage to
property and natural resources, including information on
penalties and liability. Requires the Division to
create a guidebook of OHV recreation opportunities with
contact information, and to work with OHV retailers and
associations to distribute the information and increase
awareness of the resources available.
7. Revises the OHV grants program as follows:
A. Requires the Division to develop and implement a
grant and cooperative agreement program to support
the planning, acquisition, development, maintenance,
administration, operation, enforcement, restoration,
and conservation of trails and facilities associated
CONTINUED
SB 742
Page
4
with OHV use, and OHV safety or education;
B. Requires that of the amount appropriated by the
Legislature for grants and cooperative agreements, 50
percent shall be awarded for operation and
maintenance, 25 percent for restoration projects, 20
percent for law enforcement, and five percent for
education and safety;
C. Defines operation and maintenance to include
acquisition, maintenance, operation, planning,
development, or conservation of trails and facilities
used for OHV recreation or motorized access to
nonmotorized recreation. Requires development of
guidelines that give preference to projects that
sustain existing OHV recreation opportunities, and
that give additional consideration to projects that
improve facilities that provide motorized access to
nonmotorized recreation opportunities;
D. Provides that applications that would affect
lands identified by the U.S. Forest Service as
inventoried roadless areas are eligible for funding
under the operations and maintenance category only if
the application is for a project that meets certain
specified criteria, including to prevent irreparable
resource damage, implement route safety, or maintain
a trail included in the National Forest Road and
Trail System on or before January 1, 2009;
E. Provides that the 25 percent awarded for
restoration projects may include ecological
restoration or repair of habitat damaged by legal or
illegal OHV use. Requires the Division to develop and
implement a competitive program for restoration
projects in consultation with the Wildlife
Conservation Board (WCB). Specifies the types of
projects that are eligible. Requires guidelines be
developed that give additional consideration for
projects that restore areas with the potential for
the most significant environmental damage, and
prohibits restoration funds from being used for
development or maintenance of trails for motorized
use. Specifies that eligible applicants for
CONTINUED
SB 742
Page
5
restoration projects shall include local, state and
federal entities, Native American tribes, educational
institutions, and eligible nonprofit organizations;
F. Of the 20 percent allocated for law enforcement,
requires that 40 percent go to local law enforcement,
30 percent to the U.S. Bureau of Land Management, and
30 percent to the U.S. Forest Service. Requires the
development of eligibility guidelines with minimum
requirements, and requires audits at least once every
five years;
G. Requires any unencumbered funds in each category
to be used in the future for the same purposes;
H. Requires all projects involving ground disturbing
activities to meet soil and wildlife habitat
protection standards, and prohibits grant funds from
being awarded to any such projects unless the
applicant has completed wildlife and soil surveys,
agrees to monitor soil conditions and wildlife,
agrees to temporarily close the project if the
standards are not being met, agrees to enforce OHV
registration requirements and provide law
enforcement, and describes how it will meet
operations and maintenance needs of the facility;
I. Requires DPR to develop guidelines to implement
the grant program and requires that the guidelines at
a minimum must, among other things, provide for
distribution of grants on a competitive basis (except
for law enforcement grants), include public input,
comply with the California Environmental Quality Act,
require matching funds of not less than 25 percent of
the total project cost, and provide for all eligible
applications to be funded to the extent feasible;
J. Provides that educational and nonprofit
organizations shall be eligible to apply for grants,
subject to requirements that apply if the grant will
involve public lands, including that the applicant
has written permission from the land manager;
i. Requires the Director of DPR to approve all
CONTINUED
SB 742
Page
6
grants and cooperative agreements, and prohibits
the deputy director of the Division from
participating in the scoring of applications;
ii. Requires DPR to conduct an annual
financial audit of the program, and a performance
audit of at least 20 percent of grant awards; and,
iii. Requires the Division to establish an
administrative appeals process, as specified, and
sets out the grounds and process for appeal.
8. Provides that an amount not to exceed 50 percent of the
monies in the OHV Trust fund shall be available, upon
appropriation by the Legislature, for grants and
cooperative agreements, and that the remainder of the
annual revenues to the fund shall be available for
support of the OHV Division and lands in the system.
9. Changes the method by which the amount of fuel tax to be
transferred from the Motor Vehicle Fuel Account to the
OHV Trust fund is calculated, using the amount
transferred in the 2006-07 fiscal year as a baseline, to
be adjusted every five years based on changes in the
number of registered OHVs, the number of street-legal
vehicles used off-highway, attendance at state vehicular
recreation areas (SVRAs), and federal visitor data on
OHV use. States legislative intent that the amount of
fuel tax transferred shall reflect the full range of
motorized vehicle use off-highway for both motorized
recreation and motorized off-road access to other
recreation opportunities.
10.Provides that funds remaining in the Conservation and
Enforcement Services Account, which would become
obsolete with enactment of this bill, be used 40 percent
for cooperative agreements with the U.S. Forest Service
and the U.S. Bureau of Land Management to complete the
federal route designation process, and that up to
$1,100,000 may be allocated for each grant cycle to
increase funds available for restoration.
11.Requires that registration plates for off-highway
vehicles shall be designed so that the identification
CONTINUED
SB 742
Page
7
number is the most prominent feature. Requires the
Department of Motor Vehicles (DMV), in conjunction with
the Division, to report to the Legislature on
recommendations for improving identification of OHVs on
or before July 1, 2009.
12.Raises the additional fee for issuance or renewal of OHV
identification plates from $8 to $33.
13.Specifies that a violation for unlawful operation of a
vehicle in an area closed to OHVs shall be punishable as
follows: $50 for a first offense which shall be an
infraction, $75 for a second offense within seven years
which shall be an infraction, and $150 for a third or
subsequent offense within seven years which shall be a
misdemeanor. Authorizes a court to also assess costs
sufficient to repair property damage resulting from a
violation.
14.States legislative findings that off-highway recreation
includes both motorized recreation and motorized
off-highway access to nonmotorized recreation
activities, and states legislative intent that, among
other things, DPR support both motorized recreation and
motorized off-highway access to nonmotorized recreation.
15.Extends the sunset date on the entire chapter containing
the OHV Recreation Act to January 1, 2018, and
establishes the same sunset for the OHV Trust fund and
for the service fees paid for issuance or renewal of OHV
identification plates and deposited in the Trust Fund.
Requires that any unencumbered funds remaining in the
OHV Trust Fund as of January 1, 2018 shall be
transferred to the General Fund.
16.Makes other technical changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to Assembly Appropriations Committee, substantial
ongoing costs of up to $21 million in 2007/08 and $42
million annually thereafter through 2017/18 to DPR to
CONTINUED
SB 742
Page
8
continue OHV program administration; substantial ongoing
costs in range of $21 million annually starting in 2008/09
to DPR to continue grant awards program and enforcement;
moderate costs of $250,000 in 2007/08 and $750,000 annually
thereafter to support continued activities and larger
membership of the OHV Commission; revenue in range of $10
million in 2007/08 and $24 million annually thereafter from
increase in fees for OHV identification plates; and
moderate costs of $250,000 annually to DMV to administer
the identification plate program, covered by fee revenue.
SUPPORT : (Verified 9/10/07)
American Motorcyclist Association, District 36
American Motorcyclist Association, District 37 Dual Sport
American Motorcyclist Association, District 37 Off-Road
American Motorcyclist Association, National
American Sand Association
Blue Ribbon Coalition
California Association of Four Wheel Drive Clubs
California Nevada Snowmobile Association
California Off Road Vehicle Association
California Wilderness Coalition
California Wilderness Society
City of Rancho Cordova
Friends of Oceano Dunes
Off Road Business Association
San Diego Off Road California
County of Santa Clara, Board of Supervisors
OPPOSITION : (Verified 9/10/07)
Center for Sierra Nevada Conservation
The Desert Protective Council, Inc.
High Desert Multiple OHV Use Coalition
Far West Motorcycle Club
Public Employees for Environmental Responsibility
Tuleyome
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Bass, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,
Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,
CONTINUED
SB 742
Page
9
De Leon, DeSaulnier, DeVore, Duvall, Dymally, Emmerson,
Eng, Evans, Feuer, Fuentes, Fuller, Galgiani, Garcia,
Garrick, Hayashi, Hernandez, Horton, Houston, Huff,
Huffman, Jeffries, Jones, Karnette, Keene, Krekorian, La
Malfa, Laird, Leno, Levine, Lieber, Lieu, Ma, Maze,
Mendoza, Mullin, Nakanishi, Nava, Niello, Parra, Plescia,
Portantino, Price, Sharon Runner, Ruskin, Salas, Silva,
Smyth, Solorio, Soto, Spitzer, Swanson, Torrico, Tran,
Villines, Wolk, Nunez
NO VOTE RECORDED: Gaines, Hancock, Saldana, Strickland,
Walters, Vacancy
CTW:nl 9/11/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED