BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 628
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 628 (Conway)
          As Amended  August 30, 2011
          Majority vote
           
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          |ASSEMBLY:  |54-10|(May 31, 2011)  |SENATE: |29-7 |(September 7,  |
          |           |     |                |        |     |2011)          |
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           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.  








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          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 








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            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.  









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          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 


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