Bill Text: CA SB249 | 2017-2018 | Regular Session | Introduced
Bill Title: Off-highway motor vehicle recreation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-03 - Chaptered by Secretary of State. Chapter 459, Statutes of 2017. [SB249 Detail]
Download: California-2017-SB249-Introduced.html
Senate Bill | No. 249 |
Introduced by Senator Allen |
February 07, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5090.10 of the Public Resources Code is amended to read:5090.10.
“Conservation”SEC. 2.
Section 5090.11 of the Public Resources Code is amended to read:5090.11.
“Restoration”SEC. 3.
Section 5090.13 is added to the Public Resources Code, to read:5090.13.
“Monitoring program” means a program adopted by the department that provides periodic evaluations of monitoring results to assess the adequacy of conservation and restoration actions to inform adaptive management strategies. A monitoring program includes, but is not limited to, all of the following at each individual system unit:SEC. 4.
Section 5090.14 is added to the Public Resources Code, to read:5090.14.
“Adaptive management” means to use the results of information gathered through a monitoring program or scientific research and regulatory standards to adjust management strategies and practices at individual system units to ensure conservation and protection of natural and cultural resources.SEC. 5.
Section 5090.15 of the Public Resources Code is amended to read:5090.15.
(a) There is in the department the Off-Highway Motor Vehicle Recreation Commission, consisting of nine members, five of whom shall be appointed by the Governor and subject to Senate confirmation, two of whom shall be appointed by the Senate Committee on Rules, and two of whom shall be appointed by the Speaker of the Assembly.(3)Groups or associations of predominantly rural landowners.
It
(c)Whenever a reference is made to the State Park and Recreation Commission pertaining to a duty, power, purpose, responsibility, or jurisdiction of the State Park and Recreation Commission with respect to the state vehicular recreation areas, as established by this chapter, it is a reference to, and means, the Off-Highway Motor Vehicle Recreation Commission.
SEC. 6.
Section 5090.24 of the Public Resources Code is amended to read:5090.24.
The commission has the following(h)Prepare and submit a program report to the Governor, the Assembly Water, Parks, and Wildlife Committee, the Senate Committee on Natural Resources and Water, and the Committee on Appropriations of each house on or before January 1, 2011, and every three years thereafter. The report shall be adopted by the commission after discussing the contents during two or more public meetings. The report shall address the status of the program and off-highway motor vehicle recreation, including all of the following:
(1)The results of the strategic planning process completed pursuant to subdivision (l) of Section 5090.32.
(2)The condition of natural and cultural resources of areas and trails receiving state off-highway motor vehicle funds and the resolution of conflicts of use in those areas and trails.
(3)The status and accomplishments of funds appropriated for restoration pursuant to paragraph (2) of subdivision (b) of Section 5090.50.
(4)A summary of resource monitoring data compiled and restoration work completed.
(5)Actions taken by the division and department since the last program report to discourage and decrease trespass of off-highway motor vehicles on private property.
(6)Other relevant program-related environmental issues that have arisen since the last program report.
SEC. 7.
Section 5090.30 of the Public Resources Code is amended to read:5090.30.
There is in the department the Division of Off-Highway Motor Vehicle Recreation. Whenever any reference is made to the Office of Off-Highway Motor Vehicle Recreation, it shall be deemed to be a reference to, and to mean, the division.SEC. 8.
Section 5090.31 of the Public Resources Code is amended to read:5090.31.
The division shall be under the direction of a deputy director appointed by theSEC. 9.
Section 5090.32 of the Public Resources Code is amended to read:5090.32.
(l)Complete by January 1, 2009, a strategic planning process that will identify future off-highway motor vehicle recreational needs, including, but not limited to, potential off-highway motor vehicle parks in urban areas to properly direct vehicle operators away from illegal or environmentally sensitive areas. This strategic planning process shall take into consideration, at a minimum, environmental constraints, infrastructure requirements, demographic limitations, and local, state, and federal land use planning processes. The strategic plan shall be reviewed by the commission and updated periodically.
SEC. 10.
Section 5090.34 of the Public Resources Code is amended to read:5090.34.
(a) In cooperation with the commission, the division shall make available on the division’s Internet Web site information regarding off-highway motor vehicle recreation opportunities, pertinent laws and regulations, and responsible use of the system. At a minimum, the Web site shall include the following:(c)The division shall work with retailers of off-highway motor vehicles and off-highway recreation associations to distribute the guidebook developed under subdivision (b) and to increase awareness of the resources available on the division’s Internet Web site.
SEC. 11.
Section 5090.35 of the Public Resources Code is amended to read:5090.35.
(a) The protection of public safety, the appropriate utilization of lands, and the conservation ofSEC. 12.
Section 5090.39 is added to the Public Resources Code, to read:5090.39.
(a) The director shall assemble a science advisory team to advise and assist the department and the division in meeting the natural and cultural resource conservation purposes of this chapter. At the request of the director, the science advisory team shall convene to identify, develop, and prioritize pertinent subjects for investigation and review, compile the best readily available and applicable scientific information, and describe the gaps in that information, if any.SEC. 13.
Section 5090.43 of the Public Resources Code is amended to read:(a)State vehicular recreation areas shall be established on lands where there are quality recreational opportunities for off-highway motor vehicles and in accordance with the requirements of Section 5090.35. Areas shall be developed, managed, and operated for the purpose of making the fullest public use of the outdoor recreational opportunities present. The natural and cultural elements of the environment may be managed or modified to enhance the recreational experience consistent with the requirements of Section 5090.35.
(b)Lands for state vehicular recreation areas shall be selected for acquisition so as to minimize the need for establishing sensitive areas.
(c)After January 1, 1988, no new
5090.43.
(a) Lands for state vehicular recreation areas shall be selected to avoid or minimize impacts to natural or cultural resources.
If
SEC. 14.
Section 5090.60 of the Public Resources Code is amended to read:5090.60.
The fund consists of deposits from the following sources:SEC. 15.
Section 5090.61 of the Public Resources Code is amended to read:5090.61.
Moneys in the fund shall be available, upon appropriation by the Legislature, as follows:SEC. 16.
Section 5090.70 of the Public Resources Code is amended to read:5090.70.
(a) This chapter shall remain in effect only until January 1,SEC. 17.
Section 8352.6 of the Revenue and Taxation Code is amended to read:8352.6.
(a) (1) Subject to Section 8352.1, and except as otherwise provided in paragraphs (2) and (3), on the first day of every month, there shall be transferred from moneys deposited to the credit of the Motor Vehicle Fuel Account to the(b)
(3)Attendance at the state vehicular recreation areas.
(4)Off-highway recreation use
(c)
(d)It is the intent of the Legislature that the off-highway motor vehicle recreational use to be determined by the Department of Transportation pursuant to paragraph (2) of subdivision (b) be that usage by vehicles subject to registration under Division 3 (commencing with Section 4000) of the Vehicle Code, for recreation or the pursuit of recreation on surfaces where the use of vehicles registered under Division 16.5 (commencing with Section 38000) of the Vehicle Code may occur.
(e)
SEC. 18.
Section 38225 of the Vehicle Code is amended to read:38225.
(a) A service fee of seven dollars ($7) shall be paid to the department for the issuance or renewal of identification of off-highway motor vehicles subject to identification, except as expressly exempted under this division.(d)Any money temporarily transferred by the Legislature from the Off-Highway Vehicle Trust Fund to the General Fund shall be reimbursed, without interest, by the Legislature within two fiscal years of the transfer.
(e)