OHV Green Sticker Information SB 742

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Current OHV Green Sticker Program Expires at the end of this year. Look in your soon to be sent Club Newsletter for more information.

Link to SB 742 Government Information Page http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_742&sess=CUR&house=B&site=sen


Talks crucial for off-road parks
Riders, environmental groups negotiate on fees, land protection as a state deadline nears.
By Jim Sanders - Bee Capitol Bureau
Published 12:00 am PDT Sunday, July 8, 2007
Story appeared in MAIN NEWS section, Page A3

Print | E-Mail | Comments (8)| Digg it | del.icio.us


Sam Osterhout, 10, of Placerville, rides at Prairie City in Rancho Cordova on Thursday. Prairie City is one of eight off-road riding parks in California that could be shut down next year, unless environmentalists and riders can reach an agreement on how to overhaul the 36-year-old state program.
Sacramento Bee/Anne Chadwick Williams


Millions of motorcycle, dune buggy, four-wheel-drive and other off-road riders could see California's vehicle recreation parks shut down next year unless agreement can be reached on overhauling the state program.

Prairie City in Rancho Cordova is one of eight off-road riding parks whose fate could be decided by sensitive, behind-the-scenes talks between environmentalists and recreational riding groups.

"The stakes are very high," said Daphne Greene, deputy director of the off-highway program, a branch of the state parks department.

Vehicle parks allow thrill-seeking, trail-loving motorists to gun their engines on thousands of acres where environmental degradation can be monitored and damage treated.

State law authorizes the 36-year-old, off-highway program only until Dec. 31. Nobody is pushing to eliminate it, but a tug of war has developed between groups pushing for new trails, more environmental protection and better policing.

Any agreement to preserve the off-highway riding program is likely to more than double entrance fees at the eight state parks, which generally charge $5 per vehicle.

Besides Prairie City, the parks are Carnegie in Alameda and San Joaquin counties; Hollister Hills in San Benito County; Hungry Valley in Los Angeles, Ventura and Kern counties; Oceano Dunes in San Luis Obispo County; Clay Pit in Butte County; Ocotillo Wells in San Diego and Imperial counties; and Heber Dunes in Imperial County.

Sen. Darrell Steinberg, D-Sacramento, has jumped into the fray by proposing Senate Bill 742, which would keep the off-highway program alive while overhauling its funding and operation.

Steinberg's bill has passed the Senate, 21-17. But many issues remain unresolved and, at Steinberg's urging, officials for recreational riders, environmentalists and other interest groups are scrambling to reach consensus.

"My message is, if the program expires, everyone loses -- so figure it out," Steinberg said.

SB 742, by preserving existing fuel-tax revenue while increasing rider fees, could generate more than $30 million annually in new funds. Steinberg said the money should benefit all sides.

"Riders want to ensure that there's maximum opportunity to ride, and environmentalists want to make sure that as much land is protected from riding as possible," he said. "Compromise is the order of the day."

Carol Moreland, a Sacramento off-road rider who has not been involved in the fight over SB 742, said she does not think motorists would abandon the sport if fees rise.

"It's pretty cheap entertainment, if you want to look at it that way," said Moreland, of the Capital City Mountain Goat Four Wheel Drive Club. "I just think it would be a tragedy to close (Prairie City)."

Elimination of the vehicle parks, all sides concede, could lead to uncontrolled off-road riding on unguarded public lands that would strip vegetation and erode soils with no program, or money, for restoration.

California's vehicle parks attract about 5 million patrons per year.

"It makes sense for all of us, it certainly makes sense for the state of California, to have a balanced program," said Terry McHale, a lobbyist representing off-road riders.

Pete Conaty, who is teaming with McHale, said he is optimistic that agreement can be reached on SB 742, which is scheduled to be heard Tuesday by the Assembly Water, Parks and Wildlife Committee.

"I'd say we have a 75 percent chance of reaching agreement on the remaining big issues," Conaty said.

Brent Schoradt, of the California Wilderness Coalition, said eliminating the program would be a "loss for the environment and a loss for the public."

But SB 742 does not go far enough to address environmental concerns or crack down on rogue riders, he said.

"We feel the current version of the bill is extremely one-sided," he said.

Under SB 742, park entrance fees would double to $10 per vehicle, and motorists pulling a trailer would pay an additional $10. The price of state-issued stickers to qualify a vehicle for admission also would rise -- from $25 every two years to $84 every two years.

SB 742's details might change if competing factions can settle on a compromise, but the bill would extend the program until 2013, and key elements call for:

• At least 45 percent of the program's grants to be spent on maintenance and operation, 20 percent on law enforcement, 20 percent on restoration and 5 percent on education programs, leaving the remaining 10 percent uncommitted.

• The governor, rather than legislative leaders, to appoint a majority of the off-road commission that helps oversee the program. Membership would be expanded from seven to nine, with five appointed by the governor.

• Changing the commission's role to more of an advisory body. It no longer would approve grants or capital outlay projects, but it would continue to review and approve the program's general and strategic plans.

Pending negotiations will cover issues ranging from the extent of fee hikes to whether the off-highway park program should be extended for an indefinite period, rather than to 2013.

Environmentalists are pushing, among other things, to ensure that the eight parks better serve hikers, campers and fishermen who use the unpaved roads, too, and that state funds are not used to create new riding trails on key federal lands.

SB 742 is likely to die unless a deal is struck, Steinberg said.

"Closing is always the difficult part," Steinberg said of talks between environmentalists and riding groups. "They need to close."
 
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OHV Sierra Club View SB 742

Sierra Club View
FEATURE STORIES





Keeping our wildlands from the off-road to ruin
Forest Service constructing umbrella against the driving reign
More and more hikers, campers, and anglers are confronting growing damage and disruption caused by off-road vehicles (ORVs).

These aggressive dirt bikes, all-terrain vehicles, four-wheel-drive vehicles, and snowmobiles, are made to be ridden in the back country. Their tracks may be visible for generations, and their impacts can be far-reaching. The problem runs coast to coast. As the New York Times reported in 2004, "`renegade riders' are increasing, in some cases threatening violence, signs torn down, fences demolished, off-limit areas traversed and public drunkenness."

Aggressive advertising and marketing by an increasingly vocal and powerful recreational-vehicle industry has intensified the problem. When riders pay many thousands of dollars for these high-powered toys, they count on being able to ride them unimpeded nearly anywhere.

In California, hundreds of thousands of these vehicles travel the backcountry every year. When irresponsibly used or improperly controlled, they cause damage to sensitive soils, degrade critical wildlife habitat, disturb and displace wildlife, trespass onto private property and closed areas, and shatter the quiet of the great outdoors. As more people live in urban areas and seek respite in backcountry peace and quiet, such vehicular impacts become more and more disturbing. The problem is especially conspicuous in the vast open spaces of the California desert, but our state's national forests also suffer damage from uncontrolled ORV use.

In 1972 President Richard Nixon signed an executive order directing that America's public lands be managed to "minimize damage" from motorized ORVs. The order states that federal agencies must manage ORV use so as to protect natural resources, promote the safety of all land users, and minimize conflicts among various uses. Open routes must be clearly signed and publicized, closures must be enforced, and effects of ORV use must be monitored.

Thirty-five years later, implementation of this order is still spotty. In areas with plenty of public scrutiny (such as national parks and designated wilderness), ORV closures have been implemented and are generally enforced. Elsewhere, chaos often reigns. The Times article reports, "According to the latest estimates by the Forest Service, almost 36 million Americans use off-highway vehicles, a figure that does not include sport utility vehicles. And with that increase in numbers, many officials said, has come an increase in illegal activity - fences demolished, signs torn down, off-limit areas traversed and public drunkenness."

California leads in designating routes
The Forest Service is finally biting the bullet and conducting a travel-management process limiting motorized travel to "designated routes" only. This is something that Sierra Club and others have sought for many years. Some ORV advocates, however, want every track where a vehicle has ever gone to be designated as an open route.

The pro-conservation majority on the California Off-Highway Motor Vehicle Recreation Commission has approved $8 million in grants to California's national forests to complete route designation by 2009. This financial support is allowing California to lead the nation in implementing ORV travel planning and route designation.

All 19 national forests in California have inventoried existing vehicle routes and have been and will be holding public meetings and conducting environmental reviews to decide which routes to keep open to ORVs. A preliminary report found over 11,000 miles of unplanned and user-created roads and vehicle trails on California's national forests. Conservationists have a once-in-a-generation opportunity to protect wild places by establishing a sustainable and enforceable route system to keep motorized routes out of potential wilderness and other sensitive areas such as streambeds and meadows. Our goal is to protect wildlife habitat, water quality, and traditional outdoor recreation. Once route designation is complete, routes that are not designated will become candidates for restoration or can remain open to non-motorized recreation.

The Smith River National Recreation Area and Orleans Ranger District have recently issued a final decision to decommission hundreds of miles of roads that were fragmenting habitat and increasing sediment loads in local rivers. In contrast, however, the Tahoe National Forest seeks to add 50 more miles of new ORV routes after discovering more than 2,500 miles of unplanned and user-created routes.

Because the planning process is focusing on motorized-route designation, there is a risk that trails for quiet recreation may be neglected. While ORV enthusiasts say they are happy to share trails, hikers avoid areas frequented by dirt bikes or ATVs, due to the noise, air pollution, dust, and ugly scars on the land.

Reforms needed in pioneering state program
California's Off-Highway Motor Vehicle Law of 1971 provides a blueprint for managed Off-Highway Vehicle (OHV) recreation in designated areas, requiring maintenance and oversight to allow for long-term OHV use consistent with environmental stewardship. In 1982 the legislature created the Off-Highway Motor Vehicle Recreation Division in the state Parks and Recreation Department to administer this OHV program, and also the Off-Highway Motor Vehicle Recreation Commission to allow public input and provide policy guidelines.

The commission now allocates an annual grants budget of $18 million to manage ORV recreation on California's public lands. Leadership and funding provided by the commission have been the force enabling California's national forests to lead the nation in route-designation efforts.

The future of this important program is gravely at risk. The State OHV Program that funds these grants, as well as the operations and maintenance of six State Vehicular Recreation Areas, is set to expire on Jan. 1. The program is up for renewal in the legislature, and ORV-industry groups are working to undermine environmental programs that prevent and repair ORV damage to California's wildlife habitat, waterways, and wilderness.

California state Sen. Darrell Steinberg has introduced Senate Bill 742 to renew and reform the State OHV Program. We are hopeful that Senator Steinberg's bill will provide for reasonable motorized and non-motorized recreation while strengthening law enforcement and restoration programs that protect wild lands and communities from ORV damage. The current draft of SB 742, however, currently doesn't fund traditional outdoor recreation and would hand more authority to the OHV Division, which focuses on providing ORV recreation, often at the expense of restoration and non-motorized recreation. Conservationists are urging Sen. Steinberg to accept conservation amendments to SB 742.

WhatYouCanDo

Contact Sen. Darrell Steinberg at:

State Capitol, #4035
Sacramento, CA 95814
(916)651-4006
fax: (916)323-2263
Senator.Steinberg@senate.ca.gov
 
SB 742 Current Status and link to Current Revision of Bill

Link to Current Revsion of Bill

http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_742_bill_20070709_amended_asm_v95.html

Link to Assembly Review of Bill

http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_742_cfa_20070709_130302_asm_comm.html

CURRENT BILL STATUS

CURRENT BILL STATUS


MEASURE : S.B. No. 742
AUTHOR(S) : Steinberg (Coauthor: Assembly Member Wolk).
TOPIC : Off-highway motor vehicle recreation.
HOUSE LOCATION : ASM
+LAST AMENDED DATE : 07/09/2007


TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy

LAST HIST. ACT. DATE: 08/22/2007
LAST HIST. ACTION : Set, first hearing. Referred to APPR. suspense file.
COMM. LOCATION : ASM APPROPRIATIONS
HEARING DATE : 08/29/2007

TITLE : An act to amend Sections 5090.02, 5090.15, 5090.24,
5090.32, 5090.53, 5090.64, 5090.70, and 5091.15 of, to
add Section 5090.52 to, to repeal Sections 5090.51 and
5090.63 of, and to repeal and add Sections 5090.34,
5090.50, and 5090.61 of, the Public Resources Code, to
amend Section 8352.8 of, to repeal Section 8352.7 of,
and to repeal and add Section 8352.6 of, the Revenue and
Taxation Code, and to amend Sections 38165, 38225, and
38301 of the Vehicle Code, relating to off-highway motor
vehicle recreation.
 
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Just so you know,

This Green Sticker program supplies all the funding to operate many of the OHV parks we all use. If the program goes by by all these areas will be closed to all users.

Just to name a few:

Pismo Beach dunes
Glamis
Cow Mountain
Smith River area
CC Camp
Hollister
Carmicheal
Los Padres
Truckhaven

Yup, these and more straight up closed, with use after closure being cited as trespassing and the punishment has not even been set forth.
 
Update

CURRENT BILL STATUS


MEASURE : S.B. No. 742
AUTHOR(S) : Steinberg (Coauthor: Assembly Member Wolk).
TOPIC : Off-highway motor vehicle recreation.
HOUSE LOCATION : ASM
+LAST AMENDED DATE : 08/31/2007


TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy

LAST HIST. ACT. DATE: 08/31/2007
LAST HIST. ACTION : Read second time. Amended. To second reading.
FILE : ASM SECOND READING
FILE DATE : 09/04/2007
ITEM : 47

COMM. LOCATION : ASM APPROPRIATIONS
COMM. ACTION DATE : 08/30/2007
COMM. ACTION : Do pass as amended.
COMM. VOTE SUMMARY : Ayes: 15 Noes: 00 PASS

TITLE : An act to amend Sections 5090.02, 5090.15, 5090.24,
5090.32, 5090.53, 5090.64, 5090.70, and 5091.15 of, to
add Section 5090.52 to, to repeal Sections 5090.51 and
5090.63 of, and to repeal and add Sections 5090.34,
5090.50, and 5090.61 of, the Public Resources Code, to
amend Section 8352.8 of, to repeal Section 8352.7 of,
and to repeal and add Section 8352.6 of, the Revenue and
Taxation Code, and to amend Sections 38165, 38225, and
38301 of the Vehicle Code, relating to off-highway motor
vehicle recreation.
 
Waht to do Now

From Pirates Land Use Section:

SB 742 as amended passed Assembly appropriations by a vote of 15-0. all Democrats voted aye as well as 3 Republicans: Bill Emmerson (AD63) from Riverside, Sharon Runner (AD 36) from Lancaster, and Doug LaMalfa (AD2) from Northern California. Abstaining were 2 Republicans, Mimi Walters (AD73) from Orange County and Alan Nakanishi (AD 10) from the Sacramento area.

Did it come out the way it went in? Yes

Are we supporting it? Yes

Who do we contact, State Assembly and Senate members? All State Assembly members.

How long do we have? this is a good question as we are sure when it will go to the floor for a floor vote we hope it is soon because as things will get towards the end of the legislative year things get weird at times.

If you would like to read the bill it is now in print and you can view it at the following address
This is it. http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_742_bill_20070831_amended_asm_v94.pdf
 
Email Lobbying -- this is simple. Pick your assemblymen below

Step 1 Select and highlight the following, then right-click COPY:

Quote:
assemblymember.berg@assembly.ca.gov; assemblymember.lamalfa@assembly.ca.gov; assemblymember.keene@assembly.ca.gov; assemblymember.leslie@assembly.ca.gov; assemblymember.cox@assembly.ca.gov; assemblymember.nation@assembly.ca.gov; assemblymember.wiggins@assembly.ca.gov; assemblymember.wolk@assembly.ca.gov; assemblymember.steinberg@assembly.ca.gov; assemblymember.nakanishi@assembly.ca.gov; assemblymember.canciamilla@assembly.ca.gov; assemblymember.yee@assembly.ca.gov; assemblymember.leno@assembly.ca.gov; assemblymember.hancock@assembly.ca.gov; assemblymember.houston@assembly.ca.gov; assemblymember.chan@assembly.ca.gov; assemblymember.matthews@assembly.ca.gov; assemblymember.corbett@assembly.ca.gov; assemblymember.mullin@assembly.ca.gov; assemblymember.dutra@assembly.ca.gov; assemblymember.simitian@assembly.ca.gov; assemblymember.lieber@assembly.ca.gov; assemblymember.diaz@assembly.ca.gov; assemblymember.cohn@assembly.ca.gov; assemblymember.cogdill@assembly.ca.gov; assemblymember.aghazarian@assembly.ca.gov; assemblymember.laird@assembly.ca.gov; assemblymember.salinas@assembly.ca.gov; assemblymember.samuelian@assembly.ca.gov; assemblymember.parra@assembly.ca.gov; assemblymember.reyes@assembly.ca.gov; assemblymember.mccarthy@assembly.ca.gov; assemblymember.maldonado@assembly.ca.gov; assemblymember.maze@assembly.ca.gov; assemblymember.jackson@assembly.ca.gov; assemblymember.runner@assembly.ca.gov; assemblymember.strickland@assembly.ca.gov; assemblymember.richman@assembly.ca.gov; assemblymember.montanez@assembly.ca.gov; assemblymember.levine@assembly.ca.gov; assemblymember.pavley@assembly.ca.gov; assemblymember.koretz@assembly.ca.gov; assemblymember.frommer@assembly.ca.gov; assemblymember.liu@assembly.ca.gov; assemblymember.goldberg@assembly.ca.gov; assemblymember.nunez@assembly.ca.gov; assemblymember.wesson@assembly.ca.gov; assemblymember.ridley-thomas@assembly.ca.gov; assemblymember.chu@assembly.ca.gov; assemblymember.firebaugh@assembly.ca.gov; assemblymember.jerome.horton@assembly.ca.gov; assemblymember.dymally@assembly.ca.gov; assemblymember.nakano@assembly.ca.gov; assemblymember.lowenthal@assembly.ca.gov; assemblymember.oropeza@assembly.ca.gov; assemblymember.bermudez@assembly.ca.gov; assemblymember.chavez@assembly.ca.gov; assemblymember.calderon@assembly.ca.gov; assemblymember.mountjoy@assembly.ca.gov; assemblymember.pacheco@assembly.ca.gov; assemblymember.mcleod@assembly.ca.gov; assemblymember.longville@assembly.ca.gov; assemblymember.dutton@assembly.ca.gov; assemblymember.benoit@assembly.ca.gov; assemblymember.bogh@assembly.ca.gov; assemblymember.haynes@assembly.ca.gov; assemblymember.harman@assembly.ca.gov; assemblymember.maddox@assembly.ca.gov; assemblymember.correa@assembly.ca.gov; assemblymember.campbell@assembly.ca.gov; assemblymember.spitzer@assembly.ca.gov; assemblymember.daucher@assembly.ca.gov; assemblymember.bates@assembly.ca.gov; assemblymember.wyland@assembly.ca.gov; assemblymember.plescia@assembly.ca.gov; assemblymember.kehoe@assembly.ca.gov; assemblymember.lasuer@assembly.ca.gov; assemblymember.horton@assembly.ca.gov; assemblymember.vargas@assembly.ca.gov; assemblymember.garcia@assembly.ca.gov; Assemblywoman.Runner@assembly.ca.gov

Step 2 Paste it into the BCC line of your email program.

Step 3 Select and highlight the following:

Quote:
This is a quick note to let you know that I fully support SB-742.

SB-742 is a balanced bill for both OHV users that also will protect the environment.

Please support SB-742 in upcoming discussions and votes. THANKS!

Step 4 Paste it into the subject area of your email program.
Tweak it a little so that it doesn't look too much like a form letter (the BCC: may help with that), and then append your name and affiliations.

Step 5 Enter a meaningful subject -- something like: Voter Requests support for SB-742,
Support Legislation SB-742, or some similar meaningful title of your own.

Step 6 Hit send, and you just emailed all eight assembly-members.

Simple!

Randii
 
Done. Here's a site I found to help figure out who your reps are:

http://www.assembly.ca.gov/acs/defaulttext.asp

Just click the "Find my district" button on the left and enter your address.

Also gives addresses if anyone wants to send letters.
 
SB 742 Passes and Sent to Governor for Signature

A major revision to the legislation governing Off High Motor Vehicle Recreation Division of California State Parks, SB 742, has passed the Assembly and Senate. The OHMVR program legislation is now headed for the Governor’s signature.

This is a huge victory for California recreationists as it provides an ecologically balanced program with an emphasis on getting money into the field for riding opportunities. With tis new legislation, the OHMVR Division can manage OHV recreation in a way that will be a national model ensuring this and future generations have the right to ride responsibly.

Recreation interests have been in negotiations with law enforcement, environmental, and political representatives since February working to craft the new legislation. This legislation is a message from California that OHV is not only viable, but deserving of significant granting percentages in every area where recreation occurs. The bill addresses OHV interests by providing for strong, fair, reasonable environmental protections and steady law enforcement is obviously part of the equation.

The new legislation, which includes fundamental changes to the OHMVR Commission, is slated to take effect in January 1, 2008.
 
UPDATE !!!!!!! Signed by Governor

The Governor signed SB 742. Thank you for all your hard work on this historic bill.

This has been an unusual year. With the Governor traveling the world this month (China, the United Nations) a lot of bills remain on his desk (about 344!), which must be dealt with before midnight on October 14. Both of us have many other bills that we are tracking for other clients.

We and Daphne are working on talking points and should have them out by Tuesday of next week. We wanted to give you a heads up that SB 742 has been signed.

The bill does not take effect until January 1, 2008.
 
ECOLOGICALLY BALANCED BILL THAT GREATLY IMPROVES THE MANAGEMENT AND FUNDING OF THE CALIFORNIA OFF-HIGHWAY MOTOR VEHICLE RECREATION PROGRAM IS SIGNED INTO LAW
Support for this bill came from both the OHV and environmental community.

BAKERSFIELD, CA (October 19, 2007) On Friday October 12, 2007, Governor Schwarzenegger signed S.B.742 into law. This bill reforms the California Off-Highway Motor Vehicle Recreation (OHMVR) program and extends the date it is scheduled to sunset for ten years. The OHMVR program has been a source of contention for off-roaders and environmentalists alike. It has even been the subject of an audit by the State of California. The audit brought to light the fact that the management of the program, as organized, with a commission that was given the majority of the funding authority was dysfunctional.

The commission, in recent years, as appointed by the legislature and Governor, had not shown its commitment to fulfill the mission of the program. During the last grants cycle the OHMVR Commission only approved $365,000, from an allotment of $18 million, for on the ground maintenance of trails. The OHMVR program has historically gone to great lengths to manage its OHV areas in an ecologically balanced manner. This bill continues that tradition while at the same time providing the needed funding for maintaining the existing OHV areas in the state.

This bill is the product of long and comprehensive negotiations with all concerned parties. It was authored by California State Senator Darrell Steinberg, Chairman of the Natural Resources Committee. Off-road recreation is often a controversial issue and all parties involved in this process are to be commended for their dedication to the negotiation process. The end product is a piece of legislation that continues the OHMVR Division’s tradition of environmental protection while at the same time providing the necessary funds to manage an increasingly popular form of family recreation. This bill is a winner for all Californians!



Some key changes made by this legislation are:

The OHMVR Commission, which previously held the majority of the funding power, now has an advisory role. It has also been expanded from seven members to nine. The two additions are to be appointed by the Governor and will require Senate confirmation. Grant funding decisions will now be made by the OHMVR division.

Fines for excursion into areas closed to OHV operation have increased from $35 to $50 for the first offense and for the second offense within seven years being increased to $75. The third offense will not exceed $150. The OHV community understands the importance of protecting Wilderness areas.

With regard to Roadless Areas, all inventoried system road and trail routes existing on or before January 1, 2009 are not only protected as legislatively intended legitimate routes but are also available for state funding.



Program funding will no longer be decided by fuel tax studies. The Revenue & Taxation code clearly states that the funds transferred to the OHV Trust Fund will be equal to the percent transferred in 2007. Adjustments will be made every five years based on OHV recreation use.

The sunset, or end of the program, is the longest period in recent history: ten years. All involved in this process believed that the bill was a good compromise and did not feel the need rewrite the program again in a short time period.

The cost of “Green Sticker” registration will increase from $25 to $50 every two years. The increase of $25 goes directly into the OHV Trust Fund. During negotiations this was a controversial issue. The increase agreed upon in the end was significantly lower than originally proposed.

(Note: BlueRibbon Coalition's Don Amador was instrumental in developing language and support for this bill, along with other CA OHV folks. It takes teamwork and unity to get such a bill passed. Awesome job to all! Del)

###

ORBA is a national trade association composed of off-road related businesses united to promote common goals that support the prosperity and growth of the off-road industry.
 
Bill Summary

What the bill does

There are many changes and I’m not going to go through all of them. If you would like to read the entire bill you can go to the following web site and look up SB 742: www.leginfo.ca.gov

The Off-Highway Motor Vehicle Recreation Act of 2003 would have been repealed on January 1, 2008. What would this have done? The OHMVR Division would have been dismantled, State Vehicular Recreation Areas (SVRAs) closed, the OHMVR Grants program would have gone away, the OHMVR Commission would have gone away, the “Green Sticker†registration program would stop, as well as many other issues. Some of which was unclear as to what may have happened regarding the issue of OHVs.

SB-742 extends the Act until 2018. This is the longest sunset that the program has received from the legislature. This gives the OHMVR Division time to make some long-range plans and to implement them. There are many other aspects related to the division that this bill does.

This bill increases the membership of the commission from seven to nine members, with five members appointed by the Governor, subject to Senate confirmation. The OHMVR Commission will also be advisory on the grants and cooperative agreements. This is a huge change: currently the commission approves all of the grants and cooperative agreements; now they will only review and comment on them. They will also review and comment on the strategic plan developed by the Division, along with many other duties.

There are changes in how the grants and cooperative agreements will be appropriated. The division shall develop and implement a grant and cooperative agreement program to support the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of off-highway motor vehicles, and programs involving off-highway motor vehicle safety or education.

When appropriated by the Legislature for grants and cooperative agreements, available funds shall be awarded in accordance with the following categories:


Operation and Maintenance

Fifty percent (50%) of the funds appropriated by the Legislature shall be expended solely for grants and cooperative agreements for the acquisition, maintenance, operation, planning, development, or conservation of trails and facilities associated with the use of off-highway motor vehicles for recreation or motorized access to non-motorized recreation. What this does is get the money on the ground. This is also an enormous change — in the past amounts were set and the percentages kept going down to the amount of money that was getting to the on the ground projects. Last year, it was less than 2% of the funds granted.


Restoration

Twenty-five percent (25%) of the funds shall be expended solely for grants and cooperative agreements for projects that provide ecological restoration or repair to habitat damaged by either legal or illegal off-highway motor vehicle use.

It also makes eligible nonprofit organizations to apply for restoration funds.


Law enforcement

Twenty percent (20%) of the funds shall be available for law enforcement grants and cooperative agreements and shall be allocated to local and federal law enforcement entities for personnel and related equipment.


Education and safety

Five percent (5%) of the funds shall be available for grants and cooperative agreements that either provide comprehensive education that teaches off-highway motor, vehicle safety, environmental responsibility, or respect for private property, or provide safety programs associated with off-highway motor vehicle recreation.


How funds will be transferred into the “OHV Trust Fundâ€

In the past, funds were transferred into the “OHV Trust Fund†by a formula that related to a fuel tax study. These studies were very costly and complex.

Under SB-742, the amount transferred to the Motor Vehicle Fuel Account, shall be equal to the percent transferred in the 2006-07 fiscal year. Every five years, starting in the 2013-14 fiscal year, the percent transferred may be adjusted by the Department of Transportation in cooperation with the Department of Parks and Recreation and the Department of Motor Vehicles.

Adjustments shall be based on, but not limited to, the changes in the following factors since the 2006-07 fiscal year or the last adjustment, whichever is more recent:


The number of vehicles registered as off-highway motor vehicles as required by Division 16.5 (commencing with Section 38000) of the Vehicle Code.
The number of registered street-legal vehicles that are anticipated to be used off-highway, including four-wheel drive vehicles, all-wheel drive vehicles, and dual-sport motorcycles.
Attendance at the state vehicular recreation areas.
Off-highway recreation use on federal lands as indicated by the United States Forest Service's National Visitor Use Monitoring and the United States Bureau of Land Management's Recreation Management Information System.

This makes the process equal and much more accurate as to what is happening out on the ground, not a survey that only samples a small number of people.


Other Changes
There were other changes that will take effect on January 1, 2008 but due to the timeframe of getting this out to be able to get in the In Gear, I’m not going to go into each of them. In the coming months, there will be other talking points and explanations given on this bill. I wanted to get this to you now as we have been stating as soon as the bill was signed we would explain what some of the changes that were made in this important piece of legislation.

Again, this could not have been done if it wasn’t for the hard work of many people. If you have questions or would like more information on the changes please contact me, and I will be happy to talk with you about them.
 
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