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SB-249 Off-highway motor vehicle recreation. (2017-2018)

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Date Published: 05/26/2017 10:00 AM
SB249:v98#DOCUMENT

Amended  IN  Senate  May 26, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 249


Introduced by Senator Allen

February 07, 2017


An act to amend Sections 5090.10, 5090.11, 5090.15, 5090.24, 5090.30, 5090.31, 5090.32, 5090.34, 5090.35, 5090.43, 5090.60, 5090.61, and 5090.70 of, and to add Sections 5090.13, 5090.14, and 5090.39 to, the Public Resources Code, and to amend Section 8352.6 of the Revenue and Taxation Code, and to amend Section 38225 of the Vehicle Code, relating to state parks, and declaring the urgency thereof, to take effect immediately. parks.


LEGISLATIVE COUNSEL'S DIGEST


SB 249, as amended, Allen. Off-highway motor vehicle recreation.
(1) The Off-Highway Motor Vehicle Recreation Act of 2003 creates the Division of Off-Highway Motor Vehicle Recreation within the Department of Parks and Recreation. The act gives the division certain duties and responsibilities, including the planning, acquisition, development, conservation, and restoration of lands in state vehicular recreation areas. Existing law requires the division to develop and implement a grant and cooperative agreement program with other agencies funded from no more than 1/2 of the revenues in the Off-Highway Vehicle Trust Fund, with specified percentages of these revenues to be available, upon appropriation, for various purposes related to off-highway vehicles. Existing law requires the remaining revenues in the Off-Highway Vehicle Trust Fund to be available for the support of the division and for the planning, acquisition, development, construction, maintenance, administration, operation, restoration, and conservation of lands in state vehicular recreation areas and certain other areas. The act is repealed on January 1, 2018.
This bill would revise and recast various provisions of the act. The bill would expand the duties of the division by requiring it to, among other things, (1) prepare and submit program and strategic planning reports to the department and the Natural Resources Agency regarding units of the state park system, as specified, (2) post on the department’s Internet Web site all plans, reports, and studies developed pursuant to the act’s provisions, as specified, (3) in consultation with specified bodies and departments, update the 2008 Soil Conservation Standard and Guidelines and Standards to establish a generic and measurable soil conservation standard by December 31, 2020, and review and, as appropriate, update that standard every 5 years thereafter, (4) implement a monitoring program, as defined, to monitor evaluate the condition of soils, wildlife, and vegetation habitats in each state vehicular recreation area each year, as specified, and (5) identify and protect sensitive natural, cultural, and archaeological resources within state vehicular recreations areas as natural and cultural preserves closed to off-highway vehicle recreation use. recreation areas. The bill would require the division to take other specified measures to protect natural and cultural preserves within state vehicular recreation areas, including measures to mitigate harmful impacts to these areas and to protect them from off-highway vehicle recreation use, as specified. The bill would require the Director of Parks and Recreation to assemble a science advisory team to advise and assist the department and the division in meeting the natural and cultural resource conservation purposes of the act, as specified. The bill would also prohibit any expansion of an existing, or development of any new, state vehicular recreation area or allocation of grant program funds for new or expanded units of the system until the science advisory team completes its review and submits its recommendations to the department, and the department implements the recommendations. the division, through a public process, to develop protocols and practices, no later than July 1, 2019, to ensure certain requirements relating to the management of state vehicular recreation areas and other areas of the system are met. The bill would establish specified procedures for the review of the protocols and practices by the department and would, by July 1, 2020, require the department to determine whether they meet the requirements of the act and to modify any aspects that are inadequate. The bill would change the repeal date for the act to January 1, 2023, thereby extending the act’s provisions until that date.

(2)Existing law, until January 1, 2018, creates the Off-Highway Vehicle Trust Fund. Existing law provides for deposit of various revenues in the fund, including a portion of gasoline excise tax revenues attributable to off-highway vehicle use and $33 in annual special charges imposed, until January 1, 2018, on off-highway motor vehicles subject to identification, which charges are collected by the Department of Motor Vehicles. Existing law, until January 1, 2018, requires the moneys in the trust fund to be used for the Off-Highway Motor Vehicle Recreation Program. Existing law, until January 1, 2018, also requires an annual service fee of $7 to be paid to the Department of Motor Vehicles for deposit in the Motor Vehicle Account for the issuance or renewal of identification of off-highway motor vehicles.

This bill would extend the Off-Highway Vehicle Trust Fund until January 1, 2023, and would also similarly extend the $33 annual special charge and the $7 identification fee.

(3)Existing law requires any money temporarily transferred from the Off-Highway Vehicle Trust Fund to the General Fund to be reimbursed, without interest, within 2 fiscal years of the transfer.

This bill would delete this provision.

(4)

(2) Existing law imposes an excise tax on gasoline. Existing law requires a portion of the moneys attributable to the excise tax on gasoline related to specified off-highway motor vehicles and off-highway vehicle activities to be transferred monthly from the Motor Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund. Fund and, commencing November 1, 2017, requires the portion of those moneys from a $0.12 per gallon increase, and future inflation adjustments from that increase, to be transferred to the State Parks and Recreation Fund, to be used for state parks, off-highway vehicle programs, or boating programs. Existing law requires the amount of money transferred to be based upon the percentage of total fuel tax revenues transferred for this purpose in the 2006–07 fiscal year, but authorizes the Department of Transportation, in cooperation with the Department of Parks and Recreation and the Department of Motor Vehicles, to adjust the amount transferred every 5 years, beginning in the 2013–14 fiscal year. Existing law specifies the factors to be considered in making an adjustment from the 2006–07 fiscal year baseline, including the number of off-highway vehicles paying identification fees, the number of registered street-legal vehicles anticipated to be used off highway, attendance at state vehicular recreation areas, and off-highway recreation use on federal lands.
This bill would revise the method of calculating the gasoline excise taxes attributable to off-highway vehicle use. The bill would require an estimate to be made every 5 years of gasoline excise tax revenue paid by motor vehicles when actually used off highway for motorized recreation and by motor vehicles when actually used off highway to access nonmotorized recreation. The bill would delete the use of factors based on vehicle populations and attendance at state vehicular recreation areas. The bill would delete the reference to the 2006–07 fiscal year baseline.
This bill would initially require all of these fuel taxes to be transferred to the State Parks and Recreation Fund. The bill would require the Director of the Department of Parks and Recreation, in consultation with the State Park and Recreation Commission, to include, in the annual budget submitted by the Governor to the Legislature, a proposed allocation of fuel taxes for the purposes of the department, including support for state parks and the Off-Highway Motor Vehicle Recreation Program. The bill, upon enactment of the Budget Act, would require the portion of fuel tax revenues allocated by the Budget Act for purposes of the Off-Highway Motor Vehicle Recreation Program to be transferred to the Off-Highway Vehicle Trust Fund. The bill would make statements of legislative intent in this regard.

(5)This bill would declare that it is to take effect immediately as an urgency statute.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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” and “conserve” mean activities, practices, and programs that protect and sustain soils, plants, wildlife, habitats, and cultural resources in accordance with the standards adopted pursuant to Section 5090.35.

SEC. 2.

 Section 5090.11 of the Public Resources Code is amended to read:

5090.11.
 “Restoration” and “restore” mean, upon closure of the unit or any portion thereof, the restoration of land to the contours, the plant communities, and the plant covers comparable to those on surrounding lands or at least those that existed prior to off-highway motor vehicle use.

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:
(a) Surveys to determine the status of natural and cultural resources.
(b) Periodic assessments of the effectiveness of protection and restoration measures currently in place.
(c) Progress reports on the implementation of conservation and restoration measures, the designation and management of cultural and natural preserves, and alternative management strategies.
(d) A schedule for conducting monitoring activities.

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.
(b) Persons appointed to the commission shall have expertise, or work or volunteer experience, or both, in one or more of the following areas:
(1) Off-highway vehicle recreation.
(2) Biological or soil sciences.
(3) The legal and practical aspects of rural landownership and management.
(4) Law enforcement.
(5) Environmental and cultural resource protection. protection or management.
(6) Nonmotorized outdoors outdoor recreation.
(c) It is the intent of the Legislature that appointees to the commission represent all of the primary qualifications delineated in paragraphs (1) to (6) of subdivision (b), inclusive, to the extent possible, at all times and that no more than two commissioners may serve under the same qualification at any time. times. It is further the intent of the Legislature that the commissioners reflect the geographic diversity of California as well as the diversity of all Californians, including, but not limited to, the special needs of Californians who participate in off-highway vehicular recreation pursuant to this chapter.

SEC. 6.

 Section 5090.24 of the Public Resources Code is amended to read:

5090.24.
 The commission has the following duties and responsibilities:
(a) Be fully informed regarding all governmental activities affecting the program.
(b) Meet periodically at least four times per year at various locations throughout the state to receive comments on the implementation of the program. Establish an annual calendar of proposed meetings at the beginning of each calendar year. The meetings shall include a public meeting, before the beginning of each grant program cycle, to collect public input concerning the program, recommendations for program improvements, and specific project needs for the system.
(c) Receive Hold a public hearing to receive public comment regarding any proposed substantial acquisition or development project at a location in close geographic proximity to the project. project, unless a hearing consistent with federal law or regulation has already been held regarding the project.
(d) Consider, upon the request of any owner or tenant, whose property is in the vicinity of any land in the system, any adverse impacts occurring on that person’s property from the operation of off-highway motor vehicles and recommend to the division suitable measures for the prevention of any adverse impact determined by the commission to be occurring, and suitable measures for the restoration of adversely impacted property.
(e) Review and comment annually to the director on the proposed budget of expenditures from the fund.
(f) Review and comment on all plans for new and expanded local and regional vehicle recreation areas that have applied for grant funds.
(g) Review and comment on strategic plans periodically developed by the division.
(h) Prepare and submit a program report to the Governor, the Assembly Committee on Water, Parks, and Wildlife, the Senate Committee on Natural Resources and Water, and the Committee on Appropriations of each house of the Legislature on or before January 1, 2022. The report shall be adopted by the commission after discussing the contents during two or more public meetings. One of the public meetings shall be held in northern California and one shall be held in southern California. The report shall address the status of the program and off-highway motor vehicle recreation, including all of the following:
(1) A summary of the process and protocols developed pursuant to subdivision (a) of Section 5090.39.
(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.

(h)

(i) Make other recommendations to the deputy director regarding the off-highway motor vehicle recreation program.

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 the director. The deputy director shall be part of the department’s management team.

SEC. 9.

 Section 5090.32 of the Public Resources Code is amended to read:

5090.32.
 Under the general direction of the department, director, the division has the following duties and responsibilities:
(a) Planning, acquisition, development, conservation, and restoration of lands in the state vehicular recreation areas.
(b) Direct management, maintenance, administration, and operation of lands in the state vehicular recreation areas.
(c) Provide for law enforcement and appropriate public safety activities.
(d) Implementation of all aspects of the program.
(e) Ensure program compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)) in state vehicular recreation areas.
(f) Provide staff assistance to the commission.
(g) Prepare, implement, and periodically update plans for lands in, or proposed to be included in, state vehicular recreation areas, including new state vehicular recreation areas. However, a plan need not be prepared or updated in any instance specified in subdivision (c) of Section 5002.2, except for 5002.2. For purposes of subdivision (c) of Section 5002.2 and this subdivision, unauthorized or otherwise unintended off-highway trails that were not created for the purpose of emergency repair or restoration work authorized by the division, or expansion areas, which areas shall not be considered an existing facility or use under this section. use.
(h) Conduct, or cause to be conducted, surveys, and prepare, or cause to be prepared, studies that are necessary or desirable for implementing the program.
(i) Recruit and utilize volunteers to further the objectives of the program.
(j) Prepare and coordinate safety and education programs.
(k) Provide for the enforcement of Division 16.5 (commencing with Section 38000) of the Vehicle Code and other laws regulating the use or equipment of off-highway motor vehicles in all areas acquired, maintained, or operated by funds from the fund; however, the Department of the California Highway Patrol shall have responsibility for enforcement on highways.
(l) Ensure protection of natural and cultural resources, including by setting unit capacity limits pursuant to Sections 5001.96 and 5019.5.
(m) Prepare and submit program and strategic planning reports, reports to the department and the Natural Resources Agency, including annually reporting the number and type of injuries and accidents and the number and type of citations and other enforcement actions taken at system units, disaggregated by individual unit.
(n) Post on the department’s Internet Web site all plans, reports, and studies developed pursuant to this chapter, including those regarding conservation, restoration, monitoring, and adaptive management of system units, disaggregated by individual unit.
(o) Report on any closure implemented pursuant to Section 5090.35 at the next commission meeting following the closure.

(o)

(p) Complete other duties as determined by the director.

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 Internet Web site shall include the following:
(1) The text of laws and regulations relating to the program and operation of off-highway vehicles.
(2) A statewide map and regional maps of federal, state, and local off-highway vehicle recreation areas and facilities in the state, including links to maps of federal off-highway vehicle routes resulting from the route designation process.
(3) Information concerning safety, education, and trail etiquette.
(4) Information to prevent trespass, damage to public and private property, and damage to natural resources, including penalties and liability associated with trespass and damage caused.
(b) The division shall create, and make available for distribution, create, and update when appropriate, a guidebook of federal, state, and local off-highway vehicle recreation opportunities that includes contact information where current specific maps and information for each facility can be located. Contact information may shall be provided and shall include available Internet Web site addresses, telephone numbers, and addresses of offices where maps can be accessed. The guidebook shall also include the address of the Internet Web site where the information in subdivision (a) may be found. The division may publish the guidebook when funds are provided in the annual budget process.

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 of natural and cultural resources are of the highest priority in the management of the state vehicular recreation areas. areas and other areas in the system, as defined in Section 5090.09. Accordingly, the division shall promptly repair and continuously maintain areas and trails, anticipate and prevent erosion and other impacts, and restore lands damaged by erosion and other impacts. The division shall take steps necessary to prevent damage to natural and cultural resources in these areas. When damage occurs in any portion of a state vehicular recreation area that is inconsistent with natural and cultural resources protection plans, plans or this section, the division shall promptly close the area. That area undertake protective and restoration measures which may include closure. Any area or portion of an area that is closed shall remain closed until it is repaired and restored and effective adaptive management measures are implemented to prevent repeated or continuous damage. The area shall be permanently closed if repeated or continuous damage cannot be prevented.
(b) (1) The division, in consultation with the United States Natural Resource Conservation Service, the United States Geological Survey, the United States Forest Service, the United States Bureau of Land Management, the United States Fish and Wildlife Service, the California Department of Fish and Wildlife, and the California Department of Conservation shall update the 2008 Soil Conservation Standard and Guidelines and Standards to establish a generic and measurable soil conservation, conservation standard by December 31, 2020, and shall review and, as appropriate, update the standard at least every five years thereafter.
(2) If the division determines that the soil conservation standards and habitat protection plans are not being met in any portion of any state vehicular recreation area, the division shall temporarily close and restore the noncompliant portion to repair and prevent erosion, until the soil conservation standards are met pursuant to subdivision (a).
(3) If the division determines that the soil conservation standards cannot be met in any portion of any state vehicular recreation area, the division shall permanently close and restore the noncompliant portion pursuant to subdivision (a). Section 5090.11.
(c) (1) The By December 31, 2020, the division shall compile, and update at least every five years thereafter, an inventory of wildlife and native plant populations, including wildlife habitats and vegetation communities in each state vehicular recreation area and shall prepare a wildlife habitat protection plan to conserve a viable species composition specific to each state vehicular recreation area consistent with recommendations of the science advisory team established pursuant to Section 5090.39. area.
(2) If the division determines that the wildlife habitat protection plan is not being met in any portion of any state vehicular recreation area, the division shall close and restore the noncompliant portion temporarily until the wildlife habitat protection plan is met pursuant to subdivision (a).
(3) If the division determines that the wildlife habitat protection plan cannot be met in any portion of any state vehicular recreation area, the division shall permanently close and restore the noncompliant portion pursuant to subdivision (a). Section 5090.11.
(d) The division shall implement a monitoring program to monitor evaluate the condition of soils, wildlife, and vegetation habitats in each state vehicular recreation area each year in order to determine whether the soil conservation standards and wildlife habitat protection plans are being met.
(e) The division shall not fund trail construction unless the trail is capable of complying with the conservation specifications prescribed in subdivisions (b) and (c). this section. The division shall not fund trail construction where conservation is not feasible.
(f) The division shall identify and protect sensitive natural, cultural, and archaeological resources within the state vehicular recreation areas as natural and cultural preserves closed to off-highway vehicle recreation use. areas.

SEC. 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.

(b)The science advisory team shall be composed of the following:

(1)Staff from the department, the Department of Fish and Wildlife, the Department of Conservation, and the State Water Resources Control Board.

(2)Staff from appropriate federal agencies to the extent that they are able to participate.

(3)Five to seven members who are scientists with expertise in soils, geomorphology, natural resource conservation, biology, botany, ecology, historical and cultural resources, or land use management systems. These members should also be familiar with off-highway motor vehicle recreation.

(c)Meetings of the science advisory team shall be open to the public and the public shall be given an opportunity to comment on the work of the team. The team shall consider relevant information from local communities, public agencies, public and nonprofit land management agencies, and other interested parties at its meetings.

(d)Among other subjects, as determined by the science advisory team or the director, the team shall investigate and, using the best available science, make recommendations to the department regarding all of the following:

(1)The soil conservation standards and measures necessary to avoid erosion damage.

(2)Habitat and wildlife assessment protocols appropriate to ensure accurate inventories of natural resources at every individual system unit.

(3)Habitat protection standards necessary for the protection, conservation, and restoration of natural and cultural resources, including sensitive species.

(4)Monitoring, evaluation, and corrective action practices necessary to support necessary adaptive management changes in response to reasonably foreseen events and unforeseen circumstances at individual system units.

(e)The science advisory team shall consider and recommend actions to ensure consistency in the management of system units with other resource protection plans, including, but not limited to, the state wildlife action plan, natural community conservation plans, regional conservation investment strategies, wildlife corridor plans, and other regional land use and resource conservation plans.

(f)The science advisory team shall complete its initial review and submit recommendations to the director by no later than July 1, 2020.

SEC. 12.

 Section 5090.39 is added to the Public Resources Code, to read:

5090.39.
 (a) The division shall ensure that its management of state vehicular recreation areas and the management of other areas in the system as defined in Section 5090.09 meet the requirements of this chapter. No later than July 1, 2019, the division shall, through a public process, develop protocols and practices to ensure all of the following:
(1) Soil conservation standards and measures are adequate to minimize erosion damage.
(2) Wildlife and habitat assessment and inventory methodologies incorporate the best available science.
(3) Soil conservation and habitat protection standards are capable of protecting, conserving, and restoring natural and cultural resources, including sensitive species.
(4) Monitoring and evaluation efforts comply with this chapter, and adaptive management practices address reasonable foreseen and unanticipated circumstances that may occur at units of the system.
(5) Management plans and soil conservation and wildlife habitat protection plans are consistent with other relevant resource protection plans, including, but not limited to, the state wildlife action plan, natural community conservation plans, regional conservation investment strategies, wildlife corridor plans, and other regional land use and resource conservation plans prepared by a local agency.
(6) The acquisition of land intended for off-highway motor vehicle use, to the maximum extent feasible, avoids lands on which motorized recreation would be inconsistent with this chapter.
(b) As part of the public process referenced in subdivision (a), the division shall conduct at least two public workshops, one in northern California and one in southern California. Thirty days prior to the workshop dates, the workshops shall be noticed on both the department’s and the commission’s Internet Web sites.
(c) Not later than January 1, 2020, the department shall complete a review of the practices and protocols developed pursuant to subdivision (a). The director shall solicit and consider comments and recommendations from the public, scientists with expertise in related fields of investigation, and others. By July 1, 2020, the director shall either determine in writing that the protocols and practices are adequate to meet the requirements of this chapter or the director shall modify any aspects of the protocols and practices that are inadequate.
(d) The director shall ensure that Section 5090.35 is implemented consistent with the practices and protocols.

SEC. 13.

 Section 5090.43 of the Public Resources Code is amended to read:
5090.43.

(a)Lands for state vehicular recreation areas shall be selected to avoid or minimize impacts to natural or cultural resources.

5090.43.
 (a) State vehicular recreation areas may be established on lands where there are quality opportunities for off-highway motor vehicle recreation and shall be managed in accordance with the requirements of this chapter. Areas may be developed, managed, and operated for the purpose of providing appropriate public use of the outdoor recreational opportunities present while protecting natural and cultural resources.
(b) Lands for state vehicular recreation areas shall be selected for acquisition so as to minimize the need for establishing sensitive areas to protect natural and cultural resources.

(b)

(c) All unavoidable impacts to natural or cultural resources in new, expanded, and existing state vehicular recreation areas shall be fully mitigated to a level of insignificance by implementing appropriate mitigation measures, including permanently protecting lands that provide comparable natural and cultural resources and values. Section 21081 does not apply to establishing new, or expanding existing, state vehicular recreation areas. State vehicular recreation areas shall incorporate all mitigation and permit recommendations or requirements of the Department of Fish and Wildlife and Wildlife, the United States Fish and Wildlife Service. Service, and all other responsible or trustee agencies.

(c)The use of funds from the Off-Highway Vehicle Trust Fund or any other source to purchase land for a state vehicular recreation area shall not predetermine that the land is appropriate for off-highway vehicle recreation.

(d) The department shall manage, or collaborate with another public entity or nonprofit organization to manage lands acquired for state vehicular recreation areas that are determined to not be appropriate for off-highway vehicle recreation. These lands shall be managed for park purposes, open space purposes, or conservation purposes. The department may dispose of, consistent with applicable provisions of law, lands acquired for state vehicular recreation areas that are determined to not be appropriate for off-highway vehicle recreation. If lands are sold, any revenue that results from the sale shall be reverted back to the fund originally used to purchase the lands.

(d)To

(e) After January 1, 1988, no new cultural or natural preserves or state wildernesses shall be established within state vehicular recreation areas. To ensure consistent protection of natural and cultural resources across all state parks, including state vehicular recreation areas, cultural or natural preserves sensitive areas shall be established within state vehicular recreation areas. areas where determined by the division to be necessary to protect natural and cultural resources. These sensitive areas shall be managed by the division in accordance with Sections 5019.71 5019.65, 5019.71, and 5019.74, which define the purpose and management of natural and cultural preserves. The division shall not create designations, other than sensitive areas, for lands containing natural or cultural values that the division determines need protection.

(e)

(f) If off-highway motor vehicle use results in damage to any natural or cultural preserve or values protected therein, or damage within sensitive areas, appropriate measures shall be promptly taken to protect these lands from any further damage, restore damage. These measures shall include restoration of damaged lands, lands and resources and take measures to prevent future damage, including which may include the erection of physical barriers.

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:
(a) Revenues from fuel taxes transferred from the State Parks and Recreation Fund, pursuant to subdivision (b) of Section 8352.6 of the Revenue and Taxation Code.
(b) Fees paid pursuant to subdivision (b) of Section 38225 of the Vehicle Code.
(c) Unexpended service fees.
(d) Fees and other proceeds collected at state vehicular recreation areas, as provided in subdivision (c) of Section 5010.
(e) Reimbursements.
(f) Revenues and income from any other source required by law to be deposited in the fund.

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:
(a) An amount, not to exceed 50 percent of the annual revenues to the fund, shall be available for grants and cooperative agreements pursuant to Article 5 (commencing with Section 5090.50).
(b) (1) The remainder of the annual revenues to the fund shall be available for the support of the division in implementing the off-highway motor vehicle recreation program and for the planning, acquisition, development, mitigation, construction, maintenance, administration, operation, restoration, and conservation of lands in the system.
(2) As used in this subdivision, “support of the division” includes functions performed outside of the division by others on behalf of the division, including a prorated share of the department’s common overhead and other costs incurred on behalf of the division for personnel management and training, accounting, and fiscal analysis, records, purchasing, public information activities, consultation of professional scientists and reclamation experts for the purposes of Section 5090.35, and legal services.

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, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.

(b)No expansion of an existing, or development of any new, state vehicular recreation area or allocation of grant program funds for new or expanded units of the system shall be undertaken or approved until the science advisory team completes its initial review and submits its recommendation to the department, pursuant to Section 5090.39, and the department implements the team’s recommendations.

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 State Parks and Recreation Fund created by Section 5010 of the Public Resources Code an amount attributable to taxes imposed upon distributions of motor vehicle fuel used in the operation of motor vehicles off highway and for which a refund has not been claimed. Transfers made pursuant to this section shall be made prior to transfers pursuant to Section 8352.2.

(2)The revenues attributable to the taxes imposed pursuant to subdivision (b) of Section 7360 and otherwise to be deposited in the State Parks and Recreation Fund pursuant to paragraph (1) shall instead be transferred to the General Fund.

(3)The Controller shall withhold eight hundred thirty-three thousand dollars ($833,000) from the monthly transfer to the State Parks and Recreation Fund pursuant to paragraph (1), and transfer that amount to the General Fund.

(b)The Director of Parks and Recreation, in consultation with the State Park and Recreation Commission, shall include, in the annual budget to be submitted by the Governor to the Legislature, a proposed allocation of fuel taxes transferred to the State Parks and Recreation Fund pursuant to this section for the purposes of the department, including support for state parks and the Off-Highway Motor Vehicle Recreation Program established pursuant to Chapter 1.25 (commencing with Section 5090.01) of Division 5 of the Public Resources Code. Upon enactment of the Budget Act, moneys to be allocated pursuant to the budget for the purposes of the Off-Highway Motor Vehicle Recreation Program shall be transferred to the Off-Highway Vehicle Trust Fund created by Section 38225 of the Vehicle Code.

(c)The amount transferred pursuant to subdivision (a) shall be equal to the motor vehicle fuel tax revenue paid by motor vehicles when actually used off highway for motorized recreation at units of the system, as defined in Section 5090.09 of the Public Resources Code, and by motor vehicles when actually used off highway to access nonmotorized recreation, whether or not that recreation is in a unit of the state park system. To calculate the amount of the transfer, an estimate shall be made every five years by the Department of Transportation, in cooperation with the Department of Parks and Recreation and the Department of Motor Vehicles, of the fuel tax revenues attributable to the following vehicles solely while in off-highway use:

(1)Vehicles identified with the Department of Motor Vehicles as off-highway motor vehicles as required by Division 16.5 (commencing with Section 38000) of the Vehicle Code.

(2)Registered street-legal vehicles used off highway for motorized recreation at units of the system, as defined in Section 5090.09 of the Public Resources Code, and registered street-legal vehicles used off highway to access nonmotorized recreation, including four-wheel drive vehicles, all-wheel drive vehicles, and dual-sport motorcycles.

(3)Vehicles used off highway for motorized recreation or used off highway to access nonmotorized recreation 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, to the extent not otherwise accounted for in paragraph (1) or (2).

(d)It is the intent of the Legislature that transfers from the Motor Vehicle Fuel Account pursuant to subdivision (a) should reflect the full range of motorized vehicle use off highway for both motorized recreation on any part of the system, as defined in Section 5090.09 of the Public Resources Code, and motorized off-highway access to nonmotorized recreation.

(e)It is the intent of the Legislature that the motor vehicle fuel tax revenues transferred pursuant to paragraph (1) of subdivision (a) that are associated with off-highway access to nonmotorized recreation should be used to augment funding available to the state park system for road improvements pursuant to Section 2107.7 of the Streets and Highways Code, and to support transportation and access to the state park system and other appropriate public recreation areas for underserved populations by, among other things, implementing a grant program for nonmotorized recreation and education opportunities.

(f)In the 2014–15 fiscal year, the Department of Transportation, in consultation with the Department of Parks and Recreation and the Department of Motor Vehicles, shall undertake a study to determine the appropriate adjustment to the amount transferred pursuant to subdivision (c) and to update the estimate of the amount attributable to taxes imposed upon distributions of motor vehicle fuel used in the operation of motor vehicles off highway and for which a refund has not been claimed. The department shall provide a copy of this study to the Legislature no later than January 1, 2016.

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.

(b)In addition to the service fee required by subdivision (a), a special fee of thirty-three dollars ($33) shall be paid at the time of payment of the service fee for the issuance or renewal of an identification plate or device.

(c)All fees received by the department pursuant to subdivision (b) and all day use, overnight use, or annual or biennial use fees for state vehicular recreation areas received by the Department of Parks and Recreation shall be deposited in the Off-Highway Vehicle Trust Fund, which is hereby created. In addition, the moneys allocated pursuant to subdivision (b) of Section 8352.6 of the Revenue and Taxation Code for the purposes of the off-highway motor vehicle recreation program in each Budget Act shall be transferred to the fund. There shall be a separate reporting of special fee revenues by vehicle type, including four-wheeled vehicles, all-terrain vehicles, motorcycles, and snowmobiles. All money described in this subdivision shall be deposited in the fund, and, upon appropriation by the Legislature, shall be allocated according to Section 5090.61 of the Public Resources Code.

(d)This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date. Any unencumbered funds remaining in the Off-Highway Vehicle Trust Fund on January 1, 2023, shall be transferred to the General Fund.

SEC. 19.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to make necessary changes to funding mechanisms for off-highway vehicle programs and related purposes as quickly as possible, it is necessary that this act take effect immediately.

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 Off-Highway Vehicle Trust State Parks and Recreation Fund created by Section 38225 5010 of the Vehicle Public Resources Code an amount attributable to taxes imposed upon distributions of motor vehicle fuel used in the operation of motor vehicles off highway and for which a refund has not been claimed. Transfers made pursuant to this section shall be made prior to transfers pursuant to Section 8352.2.
(2) (A) Commencing July 1, 2012, the The revenues attributable to the taxes imposed pursuant to subdivision (b) of Section 7360 and otherwise to be deposited in the Off-Highway Vehicle Trust State Parks and Recreation Fund pursuant to paragraph (1) shall instead be transferred to the General Fund.
(B) Commencing November 1, 2017, the revenues attributable to the taxes imposed pursuant to subdivision (c) of Section 7360, any adjustment pursuant to subdivision (d) of Section 7360, and Section 7361.2, and otherwise to be deposited in the Off-Highway Vehicle Trust State Parks and Recreation Fund pursuant to subdivision (a), shall instead be transferred to the State Parks and Recreation Fund to be used for state parks, off-highway vehicle programs, or boating programs.
(3) The Controller shall withhold eight hundred thirty-three thousand dollars ($833,000) from the monthly transfer to the Off-Highway Vehicle Trust State Parks and Recreation Fund pursuant to paragraph (1), and transfer that amount to the General Fund.
(b) Upon enactment of the Budget Act, moneys to be allocated pursuant to the budget for the purposes of the Off-Highway Motor Vehicle Recreation Program established pursuant to Chapter 1.25 (commencing with Section 5090.01) of Division 5 of the Public Resources Code shall be transferred to the Off-Highway Vehicle Trust Fund created by Section 38225 of the Vehicle Code. Fuel taxes transferred to the Off-Highway Vehicle Trust Fund shall be at least equal to the amount of fuel taxes transferred to the Off-Highway Vehicle Trust Fund pursuant to this section during the 2016–17 fiscal year, unless the amount transferred to the State Parks and Recreation Fund is less than that amount.

(b)

(c) The amount transferred to the Off-Highway Vehicle Trust Fund pursuant to paragraph (1) of subdivision (a), as a percentage of the Motor Vehicle Fuel Account, (a) shall be equal to the percentage transferred in the 2006–07 fiscal year. Every five years, starting in the 2013–14 fiscal year, the percentage 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: motor vehicle fuel tax revenue paid by motor vehicles when actually used off highway for motorized recreation at units of the system, as defined in Section 5090.09 of the Public Resources Code, and by motor vehicles when actually used off highway to access nonmotorized recreation, whether or not that recreation is in a unit of the state park system. To calculate the amount of the transfer, an estimate shall be made every five years by the Department of Transportation, in cooperation with the Department of Parks and Recreation and the Department of Motor Vehicles, of the fuel tax revenues attributable to the following vehicles solely while in off-highway use:
(1) The number of vehicles Vehicles identified with the Department of Motor Vehicles registered as off-highway motor vehicles as required by Division 16.5 (commencing with Section 38000) of the Vehicle Code.
(2) The number of registered Registered street-legal vehicles that are anticipated to be used off highway, highway for motorized recreation at units of the system, as defined in Section 5090.09 of the Public Resources Code, and registered street-legal vehicles used off highway to access nonmotorized recreation, including four-wheel drive vehicles, all-wheel drive vehicles, and dual-sport motorcycles.

(3)Attendance at the state vehicular recreation areas.

(4)Off-highway recreation use

(3) Vehicles used off highway for motorized recreation or used off highway to access nonmotorized recreation on federal lands as indicated by the United States Forest Service’s National Visitor Use Monitoring Program and the United States Bureau of Land Management’s Recreation Management Information System. System, to the extent not otherwise accounted for in paragraph (1) or (2).

(c)

(d) It is the intent of the Legislature that transfers from the Motor Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund pursuant to subdivision (a) should reflect the full range of motorized vehicle use off highway for both motorized recreation on any part of the system, as defined in Section 5090.09 of the Public Resources Code, and motorized off-road off-highway access to other recreation opportunities. Therefore, the Legislature finds that the fuel tax baseline established in subdivision (b), attributable to off-highway estimates of use as of the 2006–07 fiscal year, accounts for the three categories of vehicles that have been found over the years to be users of fuel for off-highway motorized recreation or motorized access to nonmotorized recreational pursuits. These three categories are registered off-highway motorized vehicles, registered street-legal motorized vehicles used off highway, and unregistered off-highway motorized vehicles. nonmotorized recreation.

(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) It is the intent of the Legislature that the motor vehicle fuel tax revenues transferred pursuant to paragraph (1) of subdivision (a) that are associated with off-highway access to nonmotorized recreation should be used to augment funding available to the state park system for road improvements pursuant to Section 2107.7 of the Streets and Highways Code, compliance with the Americans with Disability Act of 1990 (Public Law 101-336), and to support community access to the state park system and other appropriate public recreation areas, including areas operated by local, regional or federal agencies, for underserved populations by, among other things, implementing a grant program for nonmotorized recreation trails and education opportunities.

(e)

(f) In the 2014–15 fiscal year, the Department of Transportation, in consultation with the Department of Parks and Recreation and the Department of Motor Vehicles, shall undertake a study to determine the appropriate adjustment to the amount transferred pursuant to subdivision (b) (c) and to update the estimate of the amount attributable to taxes imposed upon distributions of motor vehicle fuel used in the operation of motor vehicles off highway and for which a refund has not been claimed. The department shall provide a copy of this study to the Legislature no later than January 1, 2016.