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