BILL ANALYSIS Ó
AB 628
Page 1
Date of Hearing: May 2, 2011
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 628 (Conway) -As Amended: April 25, 2011
SUBJECT : Off-highway vehicles
SUMMARY : Authorizes a pilot project to allow off-highway
vehicles (OHV) to operate on combined-use highways in Inyo
County, under certain conditions. Specifically, this bill:
1)Makes legislative findings and declarations regarding rural
Inyo County and opportunities to explore and recreate therein;
further states the Legislature's intent that no General Fund
moneys be expended for the pilot project, as authorized by
this bill.
2)Provides that the existing limitation that a highway segment
designated for combined OHV and regular traffic use may not be
longer than three miles long does not apply to a pilot project
in Inyo County.
3)Authorizes Inyo County, until January 1, 2017, to establish a
pilot project to provide a unified system of trails for OHVs
by designating combined use highways on unincorporated county
roads for segments that may otherwise exceed the three-mile
long limitation.
4)Requires that the pilot project do the following:
a) Prescribe a procedure for the County Board of
Supervisors to select roads, by a majority vote, to be
included in the pilot project;
b) Establish, in cooperation with the California Department
of Transportation (Caltrans), uniform signs, markers, and
traffic control devices to control OHVs;
c) Require OHVs subject to the pilot program to meet safety
requirements related to, for instance, driver licensing,
helmet usage, and other conditions of lawful OHV operation;
and,
d) Limit speeds to no more than 35 miles per hour.
AB 628
Page 2
5)Requires, by January 1, 2016, the County of Inyo, in
consultation with the California Highway Patrol (CHP),
Caltrans, and the Department of Parks and Recreation (DPR), to
evaluate the pilot program and report its findings to the
Legislature.
6)Makes other, conforming changes.
EXISTING LAW:
7)Generally provides that a person may not drive a motor vehicle
upon a highway, unless the person holds a valid driver's
license.
8)Does not require a person to have a driver's license to
operate a registered OHV off the highway, including incidental
highway crossings.
9)Provides that a valid on-highway registration allows a vehicle
to be operated both on and off the highway, although not all
OHVs are eligible for on-highway registration (such as
all-terrain vehicles).
10)Prohibits a vehicle registered as an OHV from being operated
on public streets, except as noted below.
11)Provides that an OHV may be operated on a highway if the use
is to cross the highway or under the condition that a local
authority, a federal government agency, or DPR, for highways
under their respective jurisdiction, designates a highway
segment for combined use of OHVs and regular traffic; the
highway segment cannot be longer than three miles long and
must meet one the following criteria:
a) Provide a connecting link between OHV trails segments;
b) Link an OHV recreational use area and necessary service
facilities; or,
c) Connect lodging facilities with an OHV recreational
facility.
12)Explicitly prohibits a freeway from being designated for the
combined use of regular traffic and OHVs.
AB 628
Page 3
13)Authorizes the Off-Highway Motor Vehicle Recreation
Commission to propose highway segments for combined-use
designation.
14)Provides that, prior to designating a highway for combined
use, a local agency, federal agency, or the Director of Parks
and Recreation must notify the CHP Commissioner and may not
designate a road for combined use if the CHP believes doing so
would create a potential traffic safety hazard.
15)Requires signs approved by Caltrans on designated combined
use highways before the designation can become effective.
16)Makes it unlawful to operate an OHV on a designated
combined-use highway under the following conditions:
a) During darkness;
b) Without a stop light or rubber tires; and,
c) Without a driver's license appropriate for the class of
vehicle being operated.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill is intended to
provide Inyo County with the opportunity to link existing OHV
trails to trailheads and neighboring towns via combined-use
highways for distances greater than the current restriction of
three miles. This more-extensive trail will boost economic
development by better serving Inyo County's OHV-based tourist
industry. The author asserts that the Paiute All-Terrain
Vehicle trail system in Fishlake National Forest (Utah) has
demonstrated positive outcomes to its neighboring rural
communities, residents, and tourists and anticipates that the
eastern Sierra in Inyo County would enjoy the same positive
impacts if they had more flexibility in combined-use highway
restrictions.
The author points out that this bill does not waive driver's
license requirements or alter limitations on the use of combined
highways by OHVs to operate, for example, during hours of
darkness.
AB 628
Page 4
Writing in opposition to this bill, opponents argue that the
bill sets a bad precedent that other counties may seek to
follow, compromises the safety of Inyo County residents, and
threatens the emerging balance between OHV use and other users
of public lands. Opponents further argue that a small minority
of off-roaders has wreaked havoc on ranchers, domestic
livestock, homeowners, rural property owners, and public lands.
They fear that this bill will undo the limited constraints that
are in place now to curb destructive and disruptive activities.
Previous legislation : Last year's AB 2338 (Conway) addressed
the same issue, albeit in a slightly different approach. That
bill passed out of the Legislature without a single "NO" vote.
However, AB 2338 was vetoed by Governor Schwarzenegger who
stated in his veto message, "This bill could expose the state to
liability issues if the CHP allows joint use by off-highway
vehicles and vehicles on roads in Inyo County and an accident
occurs. This liability could result in significant costs to the
state." According to the author, the concept of a pilot project
as proposed in this bill was developed in consultation with the
CHP and is intended to address concerns raised in the veto
message.
REGISTERED SUPPORT / OPPOSITION :
Support
Bishop Area Chamber of Commerce and Visitors Bureau
Bishop Lions Club
David Stottlemyre, mayor Pro Tem, City of Bishop
Eastern Sierra Propane
Friends of the High Lakes
Hi-Country Market and Hardware, Big Pine, CA
Inyo County Board of Supervisors
Nikolaus Big Pine Shell
Regional Council for Rural Counties
81 individuals
Opposition
California Native Plant Society
Center for Biological Diversity
Center for Sierra Conservation
Community ORV Watch of the Morongo Valley
AB 628
Page 5
Desert Protective Council
Friends of Hope Valley
Morongo Basin Conservation Association, Inc.
Natural Resources Defense Council
ORV Watch Kern County
Planning and Conservation League
Public Employees for Environmental Responsibility
Sierra Club of California
Western San Bernardino County Landowners' Association
Wilderness Society
7 individuals
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093