BILL ANALYSIS Ó AB 628 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 628 (Conway) As Amended August 30, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |54-10|(May 31, 2011) |SENATE: |29-7 |(September 7, | | | | | | |2011) | ----------------------------------------------------------------- Original Committee Reference: TRANS. SUMMARY : Authorizes a pilot project to allow off-highway vehicles (OHV) to operate on combined-use highways in Inyo County, under certain conditions. The Senate amendments: 1)Clarify that a majority of the Inyo County Board of Supervisors (not a majority of the Board's quorum as previously proposed) must vote to approve the procedures for designating highways or roads for inclusion in the pilot project; also, require the pilot project to include procedures for the removal of a combined-use designation. 2)Restrict Inyo County's authority to establish a pilot project for combined-use highways to highway segments no more than 10 miles long and only if the Commissioner of the California Highway Patrol (CHP) finds that the combined-use designation would not create a potential traffic safety hazard. 3)Expand the reasons for which a pilot project can be established to include, in addition to providing a unified system of trails for off-highway motor vehicles, preserving traffic safety, improving natural resource protection, reducing off-highway vehicle trespassing on private land, and minimizing impacts on county residents. 4)Require Inyo County, as a part of the pilot project, to include an opportunity for public comment at a public hearing. 5)Modify reporting requirements to add specific areas of impact to be evaluated as well as a description of the public comments received at a public hearing on the program. AB 628 Page 2 6)Make other, technical amendments. EXISTING LAW : 1)Provides, generally, that a person may not drive a motor vehicle upon a highway, unless the person holds a valid driver's license. 2)Does not require a person to have a driver's license to operate a registered off-highway vehicle (OHV) off the highway, including incidental highway crossings. 3)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 (e.g., all-terrain vehicles). 4)Prohibits a vehicle registered as an OHV from being operated on public streets, except as noted below. 5)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 the Department of Parks and Recreation (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. 6)Prohibits, explicitly, a freeway from being designated for the combined use of regular traffic and OHVs. 7)Authorizes the Off-Highway Motor Vehicle Recreation Commission to propose highway segments for combined-use designation. 8)Provides that, prior to designating a highway for combined AB 628 Page 3 use, a local agency, federal agency, or the Director of DPR 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. 9)Requires signs approved by the California Department of Transportation (Caltrans) on designated combined use highways before the designation can become effective. 10)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. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version passed by the Senate. FISCAL EFFECT : According to Assembly Appropriations Committee: 1)Minor, absorbable costs in 2014-15 and 2015-16 to Caltrans, CHP and DPR to evaluate the pilot project. 2)Unknown, potentially significant legal liabilities to the state associated with potential injuries. 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. AB 628 Page 4 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. 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: AB 2338 (Conway) of 2010 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. Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093 FN: 0002533