BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 628|
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                                 THIRD READING


          Bill No:  AB 628
          Author:   Conway (R)
          Amended:  8/30/11 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE :  6-0, 6/21/11
          AYES:  DeSaulnier, Gaines, Huff, Lowenthal, Rubio, Simitian
          NO VOTE RECORDED:  Harman, Kehoe, Pavley

           SENATE NATURAL RESOURCES AND WATER COMM.  :  7-2, 6/28/11
          AYES:  La Malfa, Cannella, Fuller, Kehoe, Padilla, 
            Simitian, Wolk
          NOES:  Pavley, Evans

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  54-10, 5/31/11 - See last page for vote


           SUBJECT  :    Off-highway vehicle: County of Inyo

           SOURCE  :     Author


           DIGEST  :    This bill authorizes the County of Inyo to 
          establish a pilot project that sunset on January 1, 2017, 
          under which it may designate segments of its county roads 
          that are greater than three miles in length for combined 
          use by cars and off-highway vehicles.

           Senate Floor Amendments  of 8/30/11 ensure that the State of 
          California is indemnified in instances where the County of 
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          Inyo permits off-highway vehicles to be driven on stat 
          highways.

           ANALYSIS  :    Existing law prohibits an off-highway motor 
          vehicle (OHV) from being driven upon any public highway or 
          street, except to cross a highway or when a highway is 
          closed due to snow.  Existing law, however, also allows a 
          local authority, the federal government, or the Department 
          of Parks and Recreation to permit both OHVs and motor 
          vehicles on road segments of up to three miles in length 
          under its jurisdiction, if all of the following conditions 
          are met:

           The segment connects OHV trails, connects an OHV 
            recreational use area and necessary services, or connects 
            an OHV recreational use area to lodging facilities. 

           The local authority finds that the road segment is 
            designed and constructed to safely permit the use of 
            regular vehicular traffic and the driving of OHVs.

           The Commissioner of the California Highway Patrol (CHP) 
            declares that allowing combined use on the road segment 
            would not create a potential traffic safety hazard.

           The local authority adopts a resolution or ordinance 
            authorizing the combined use and prescribing rules and 
            regulations governing that combined use.

           The local authority erects signs on and along the road 
            indicating combined use. 

          Drivers of OHVs that are operated on the road pursuant to a 
          local authority's combined use authorization must comply 
          with all provisions of the California Vehicle Code, 
          including possessing a valid driver's license, obeying 
          speed laws, possessing evidence of insurance, and wearing a 
          helmet while on a motorcycle.  In no case, however, may an 
          OHV be operated on a road after dark. 
           
           This bill allows Inyo County (County) to develop a pilot 
          project in which segments of highways can be designated for 
          combined-use to link existing OHV trails and trailheads, 
          and to link OHV recreational-use areas with necessary 

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          service and lodging facilities so long as each segment does 
          not exceed 10-miles each.  Specifically, this bill:

           1. Requires the County to prescribe a procedure to 
             designate combined-use highways.  The procedure must be 
             approved by a majority vote of the Board of Supervisors.

           2. Requires the County prescribe a procedure to remove a 
             combined-use designation, including a designation that 
             is removed as a result of the conclusion of the pilot 
             program.

           3. Requires the County to establish uniform specifications 
             and symbols for signs, markers, and traffic control 
             devices to control OHVs on combined-used highways 
             including signs to designate right-of-way, warning 
             signs, and maximum speed.

           4. Prohibits speeds greater than 35 miles per hour on 
             combined-used highways by OHVs.

           5. Requires the CHP to find that the designated 
             combined-use highways do not create a potential safety 
             hazard before the county designates a road segment for 
             combined use.

          6. Requires the County include an opportunity for public 
             comment at a public hearing in order to evaluate the 
             pilot program.

          7. Allows the pilot program to include use of a state 
             highway, subject to approval by Department of 
             Transportation, or any crossing of a highway pursuant to 
             current law.

          8. Specifies, that by selecting and designating a highway 
             for combined use, the County agree to defend and 
             indemnify the state against any and all claims for any 
             safety-related losses or injuries resulting from use by 
             OHVs of a highway designated as a combined use highway 
             by the County.

          9. Requires the county, in consultation with the CHP, 
             Department of Transportation, and the Department of 

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             Parks and Recreation shall prepare and submit a report 
             to the Legislature evaluating the pilot project by 
             January 1, 2016.  The report must include (a) a 
             description of the combined-use highways, (b) an 
             evaluation of the overall safety and effectiveness of 
             the pilot project including its impact on traffic flows, 
             safety, off-highway vehicle usage on existing trails, 
             incursions into areas not designated for off-highway 
             vehicle usage, and nonmotorized recreation, and (c) a 
             description of the public comments received at a public 
             hearing held by the county in regards to an evaluation 
             of the pilot program.

          10.Sunsets this pilot project on January 1, 2017.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/31/11)

          Big Pine Shell
          Bishop Area Chamber of Commerce & Visitors Bureau
          Bishop Lions Club
          City of Bishop
          Eastern Sierra Propane
          Friends of Independence Lake 
          Friends of the High Lakes
          Golden State Cycle
          Hi-Country Market and Hardware
          Inyo County Board of Supervisors 
          Regional Council of Rural Counties

           OPPOSITION  :    (Verified  8/31/11)

          Sierra Club California

           ARGUMENTS IN SUPPORT  :    The author's office points out 
          that the vast majority of Inyo County is national parks and 
          other publicly owned land with only 1.6 percent of the 
          County in private ownership.  The author's office 
          introduced this bill to create a better linked trail system 
          in the County that will assist land managers in keeping 
          OHVs out of places where their use cannot be tolerated and 
          provide an economic base to the economy of the small 

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          communities within that county.  The author's office 
          asserts that the OHV trails for this linked system 
          currently exist so no new infrastructure is necessary.  
          Inyo County could enjoy many positive impacts if it had 
          more flexibility on combined use highway restrictions.  The 
          author's office states that Inyo County is a land 
          designated for recreation and the three mile cap is too 
          rigid.

           ARGUMENTS IN OPPOSITION  :    The Sierra Club states that 
          this is a poorly thought out bill that benefits one 
          minority segment of recreational users to the detriment of 
          all others, would harm the quality of life for rural 
          residents, and threatens natural and cultural resources.  
          Specifically, opponents note that the state Department of 
          Parks and Recreation's OHV program is intended to balance 
          OHV recreation with the protection of natural and cultural 
          resources by limiting OHVs to carefully chosen areas and 
          trails, but this bill threatens that balance by allowing 
          'special interests' to designate county roads for OHV use. 
           

           ASSEMBLY FLOOR  :  54-10, 5/31/11
          AYES: Achadjian, Allen, Atkins, Beall, Bill Berryhill, 
            Blumenfield, Bradford, Charles Calderon, Campos, Carter, 
            Cedillo, Conway, Cook, Davis, Donnelly, Fletcher, 
            Fuentes, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, 
            Grove, Hagman, Halderman, Hall, Harkey, Roger Hernández, 
            Hill, Huber, Jeffries, Jones, Knight, Lara, Logue, 
            Mansoor, Miller, Mitchell, Morrell, Nestande, Nielsen, 
            Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Smyth, Solorio, Torres, Valadao, Wagner, John A. 
            Pérez
          NOES: Ammiano, Feuer, Fong, Hayashi, Huffman, Ma, Skinner, 
            Swanson, Wieckowski, Yamada
          NO VOTE RECORDED: Alejo, Block, Bonilla, Brownley, 
            Buchanan, Butler, Chesbro, Dickinson, Eng, Furutani, 
            Gorell, Hueso, Bonnie Lowenthal, Mendoza, Monning, 
            Williams


          JJA:do  8/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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