BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2338 (Conway)
Hearing Date: 08/02/2010 Amended: 05/28/2010
Consultant: Mark McKenzie Policy Vote: T&H 6-0
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BILL SUMMARY: AB 2338 would authorize segments of county roads
in Inyo County that are longer than three miles to be designated
for combined use by motor vehicles and off-highway vehicles
(OHVs), unless the California Highway Patrol (CHP) finds that
the combined-use designation would create a potential traffic
safety hazard.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
CHP: roadway studies __ unknown costs, likely less than $100
Special*
* Motor Vehicle Account
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STAFF COMMENTS: Existing law generally prohibits the operation
of OHVs on public streets and highways. However, a local
authority, a federal agency, or the Department of Parks and
Recreation (DPR) may designate a highway segment of less than
three miles for the combined use of motor vehicles and OHVs
under specified conditions, including: the segment connects OHV
trails or OHV recreational areas to lodging and services, the
segment is designed and constructed to safely accommodate both
regular traffic and OHVs, and the segment does not create a
traffic safety hazard in the opinion of CHP. OHV drivers that
use a designated combined-use roadway must have a valid driver's
license, may only operate the OHV during daylight hours, and are
prohibited from operating an OHV that does not have rubber tires
and an operational stoplight.
AB 2338 would authorize the designation of combined-use roadways
of over three miles on county roads in the unincorporated areas
of Inyo County. CHP could override the authorization for any
segment that would create a potential traffic safety hazard.
This bill is intended to allow numerous existing OHV trails and
trailheads to be linked, creating a unified trail system and
providing economic benefits to small communities. County
officials have identified 17 county road segments for
consideration as combined-use roads that would link OHV trails,
refueling points, services, and lodging in the areas of Lone
Pine, Independence, Big Pine, and Bishop.
CHP indicates that it would incur costs to conduct studies on
each proposed combined-use segment to determine whether a
designation would create a safety hazard. These costs are
unknown, but staff estimates they could be in the range of
$25,000 to $75,000 in any given year, depending on the number
and length of proposed roadways. Additionally, CHP is concerned
with the public safety and potential liability issues
surrounding the operation of both regular vehicular traffic and
OHVs, which are not designed to be operated on roadways. Staff
notes, however, that there are no known cases of state liability
related to combined-use roadways that have been authorized in
California since 1985.