Amended in Senate April 25, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1345

Introduced by Senator Berryhill

(Coauthor: Senator Gaines)

(Coauthors: Assembly Members Dahle and Mathis)

February 19, 2016

An act to amend Section 38026.1 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 1345, as amended, Berryhill. Vehicles: off-highway vehicle recreation: County of begin delete Sierra. end delete begin insert Inyo. end insert

Existing law authorizes an off-highway motor vehicle that has been issued a plate or device to be operated or driven upon a highway under certain circumstances. Existing law authorizes various public entities, and the Director of the Department of Parks and Recreation, to designate a highway, or portion thereof, for the combined use of regular vehicular traffic and off-highway motor vehicles if certain requirements are met. Existing law prohibits a highway from being designated for this combined use for a distance of more than 3 miles.

Existing law, until January 1, 2017, authorizes the County of Inyo to establish a pilot project that would exempt specified combined-use highways in the unincorporated area in the County of Inyo from this prohibition to link together existing roads in the unincorporated portion of the county to existing trails and trailheads on federal Bureau of Land Management or United States Forest Service lands in order to provide a unified linkage of trail systems for off-highway motor vehicles, as prescribed. Existing law requires the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, to prepare and submit to the Legislature a report evaluating the effectiveness of the pilot project by January 1, 2016, as specified.

This bill would begin delete expand these provisions to additionally authorize the County of Sierra to establish a pilot project as described above. The bill would require the county to prepare and submit to the Legislature a report evaluating the effectiveness of the pilot project by January 1, 2019. The bill would also extend the operation of these provisions until January 1, 2020. end delete begin insert extend the operation of these provisions until January 1, 2020, and would extend the reporting deadline until January 1, 2019. For purposes of the pilot project described above, the bill would prohibit a combined-use highway road segment or combination of adjacent combined-use highway road segments from exceeding 10 miles. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

It is the intent of the Legislature in enacting this
act begin delete and designating combined-use highways on unincorporated
county roads in the County of Sierra for more than three miles to
link existing roads in the unincorporated portion of the county to
existing trails and trailheads on federal Bureau of Land
Management or United States Forest Service lands in order to
provide a unified system of trails for off-highway motor vehicles.
It is the intent of the Legislature end delete to develop additional data to better
evaluate whether a combined-use highways system is workable in
other counties beyond the County of Inyo. It is further the intent
of the Legislature that no General Fund moneys be expended for
the pilot project established by this act, and the project will be
revenue neutral to the state.

SEC. 2.  

Section 38026.1 of the Vehicle Code is amended to
read:

38026.1.  

(a) Except as provided in subdivision (e), the
begin delete Counties end delete begin insert County end insert of Inyo begin delete and Sierra end delete may begin delete each end delete establish a pilot
project to designate combined-use highways on unincorporated
county roads in the county for no more than 10 miles so that the
combined-use highways can be used to link existing off-highway
motor vehicle trails and trailheads on federal Bureau of Land
Management or United States Forest Service lands, and to link
off-highway motor vehicle recreational-use areas with necessary
service and lodging facilities, in order to provide a unified system
of trails for off-highway motor vehicles, preserve traffic safety,
improve natural resource protection, reduce off-highway vehicle
trespass on private land, and minimize impacts on county residents.

(b) A pilot project established pursuant to this section shall do
all of the following:

(1) Prescribe a procedure for highway, road, or route selection
and designation. The procedure shall be approved by a vote of a
majority of begin delete each end delete begin insert the end insert county’s begin delete respective end delete board of supervisors.

(2) Prescribe a procedure for the county to remove a
combined-use designation, including a designation that is removed
as a result of the conclusion of the pilot program.

(3) In cooperation with the Department of Transportation,
establish uniform specifications and symbols for signs, markers,
and traffic control devices to control off-highway motor vehicles,
including, but not limited to, the following:

(A) Devices to warn of dangerous conditions, obstacles, or
hazards.

(B) Designations of the right-of-way for regular vehicular traffic
and off-highway motor vehicles.

(C) A description of the nature and destination of the
off-highway motor vehicle trail.

(D) Warning signs for pedestrians and motorists of the presence
of off-highway motor vehicle traffic.

(4) Require that off-highway motor vehicles subject to the pilot
project meet the safety requirements of federal and state law
regarding proper drivers’ licensing, helmet usage, and the
requirements pursuant to Section 38026.5.

(5) Prohibit off-highway motor vehicles from traveling faster
than 35 miles per hour on highways designated under this section.

begin insert

(6) Prohibit a combined-use highway road segment or
combination of adjacent combined-use highway road segments
designated under this section from exceeding 10 miles.

end insert begin delete

(6)

end delete

begin insert (7) end insert  Include an opportunity for public comment at a public
hearing held by begin delete each end delete begin insert the end insert county in order to evaluate the pilot
project.

(c) A pilot project established pursuant to this section may
include use of a state highway, subject to the approval of the
Department of Transportation, or any crossing of a highway
designated pursuant to Section 38025.

(d) (1) By selecting and designating a highway for combined
use pursuant to this section, begin delete each end delete begin insert the end insert county agrees to defend and
indemnify the state against any and all claims, including legal
defense and liability arising from a claim, for any safety-related
losses or injuries arising or resulting from use by off-highway
motor vehicles of a highway designated as a combined-use highway
by begin delete each end delete begin insert the end insert county’s begin delete respective end delete board of supervisors pursuant to
this section.

(2) This subdivision does not alter the requirements of
subdivision (e).

(e)  begin delete A end delete begin insert The end insert county shall not designate a highway for combined
use pursuant to this section unless the Commissioner of the
Department of the California Highway Patrol finds that designating
the highway for combined use would not create a potential traffic
safety hazard.

(f) Not later than January 1, begin delete 2016, end delete begin insert 2019, end insert the County of Inyo, in
consultation with the Department of the California Highway Patrol,
the Department of Transportation, and the Department of Parks
and Recreation, shall prepare and submit to the Legislature a report
evaluating the pilot project, and containing all of the following:

(1) A description of the road segments designated to allow
combined use for over three miles, as approved or adopted by a
majority vote of the members of the Inyo County Board of
Supervisors.

(2) 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.

(3) A description of the public comments received at a public
hearing held by the county in regards to an evaluation of the pilot
project.

begin delete

(g) Not later than January 1, 2019, the County of Sierra, in
consultation with the Department of the California Highway Patrol,
the Department of Transportation, and the Department of Parks
and Recreation, shall prepare and submit to the Legislature a report
evaluating the pilot project, and containing all of the following:

(1) A description of the road segments designated to allow
combined use for over three miles, as approved or adopted by a
majority vote of the members of the Sierra County Board of
Supervisors.

(2) 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.

(3) A description of the public comments received at a public
hearing held by the county in regards to an evaluation of the pilot
project.

(h)

end delete

begin insert (g) end insert  (1) A report submitted pursuant to subdivision (f) begin delete or (g) end delete
shall be submitted in compliance with Section 9795 of the
Government Code.

(2) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.