BILL ANALYSIS �
AB 628
Page 1
ASSEMBLY THIRD READING
AB 628 (Conway)
As Amended April 25, 2011
Majority vote
TRANSPORTATION 8-0 APPROPRIATIONS 17-0
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|Ayes:|Jeffries, Achadjian, |Ayes:|Fuentes, Harkey, |
| |Galgiani, Logue, Miller, | |Blumenfield, Bradford, |
| |Norby, Portantino, | |Charles Calderon, Campos, |
| |Solorio | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes a pilot project to allow off-highway
vehicles (OHV) to operate on combined-use highways in Inyo
County, under certain conditions. Specifically, this bill:
1)Makes legislative findings and declarations regarding rural
Inyo County and opportunities to explore and recreate therein;
further states the Legislature's intent that no General Fund
moneys be expended for the pilot project, as authorized by
this bill.
2)Provides that the existing limitation that a highway segment
designated for combined OHV and regular traffic use may not be
longer than three miles long does not apply to a pilot project
in Inyo County.
3)Authorizes Inyo County, until January 1, 2017, to establish a
pilot project to provide a unified system of trails for OHVs
by designating combined use highways on unincorporated county
roads for segments that may otherwise exceed the three-mile
long limitation.
4)Requires that the pilot project do the following:
a) Prescribe a procedure for the County Board of
Supervisors to select roads, by a majority vote, to be
included in the pilot project;
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b) Establish, in cooperation with the California Department
of Transportation (Caltrans), uniform signs, markers, and
traffic control devices to control OHVs;
c) Require OHVs subject to the pilot program to meet safety
requirements related to, for instance, driver licensing,
helmet usage, and other conditions of lawful OHV operation;
and,
d) Limit speeds to no more than 35 miles per hour.
5)Requires, by January 1, 2016, Inyo County, in consultation
with the California Highway Patrol (CHP), Caltrans, and the
Department of Parks and Recreation (DPR), to evaluate the
pilot program and report its findings to the Legislature.
6)Makes other, conforming changes.
EXISTING LAW :
7)Provides, generally, that a person may not drive a motor
vehicle upon a highway, unless the person holds a valid
driver's license.
8)Does not require a person to have a driver's license to
operate a registered OHV off the highway, including incidental
highway crossings.
9)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).
10)Prohibits a vehicle registered as an OHV from being operated
on public streets, except as noted below.
11)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 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
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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.
12)Prohibits, explicitly, a freeway from being designated for
the combined use of regular traffic and OHVs.
13)Authorizes the Off-Highway Motor Vehicle Recreation
Commission to propose highway segments for combined-use
designation.
14)Provides that, prior to designating a highway for combined
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.
15)Requires signs approved by Caltrans on designated combined
use highways before the designation can become effective.
16)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.
FISCAL EFFECT : According to the 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.
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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.
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.
AB 628
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Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0000886