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

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Date Published: 02/07/2017 09:00 PM
SB249:v99#DOCUMENT


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, 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.


LEGISLATIVE COUNSEL'S DIGEST


SB 249, as introduced, 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 The act is repealed on January 1, 2018.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 program and strategic planning reports 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 Guidelines and Standards to establish a generic and measurable soil conservation standard by December 31, 2020, and update that standard every 5 years thereafter, (4) implement a monitoring program, as defined, to monitor 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. 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 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) 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. 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 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: 2/3   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” means and “conserve” mean activities, practices, and programs that protect and sustain soils, plants, wildlife, and their habitat 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” means, 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) In order to be Persons appointed to the commission, a nominee shall represent one or more of the following groups: commission shall have expertise, or work or volunteer experience, or both, in one or more of the following areas:
(1) Off-highway vehicle recreation interests. recreation.
(2) Biological or soil scientists. sciences.

(3)Groups or associations of predominantly rural landowners.

(3) The legal and practical aspects of rural landownership and management.
(4) Law enforcement.
(5) Environmental protection organizations. and cultural resource protection.
(6) Nonmotorized recreation interests. outdoors recreation.

It

(c) It is the intent of the Legislature that appointees to the commission represent all of the groups primary qualifications delineated in paragraphs (1) to (6), (6) of subdivision (b), inclusive, to the extent possible. possible, at all times and that no more than two commissioners may serve under the same qualification at any time.

(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 particular duties and responsibilities:
(a) Be fully informed regarding all governmental activities affecting the program.
(b) Meet at least four times per year periodically 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) Hold a public hearing to receive Receive public comment regarding any proposed substantial acquisition or development project at a location in close geographic proximity to the project, unless a hearing consistent with federal law or regulation has already been held regarding the project. project.
(d) Consider, upon the request of any owner or tenant, whose property is in the vicinity of any land in the system, any alleged 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 the strategic plan plans periodically developed by the division pursuant to Section 5090.32. division.

(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.

(h) 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. Section 507.1 does not apply to 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 have no responsibilities other than directing and managing the division and the program. 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.
 The Under the general direction of the department, 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 and implement 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 shall need not be prepared or updated in any instance specified in subdivision (c) of Section 5002.2. 5002.2, except for unauthorized or otherwise unintended off-highway trails or expansion areas, which shall not be considered an existing facility or use under this section.
(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)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.

(l) Ensure protection of natural and cultural resources, including by setting unit capacity limits pursuant to Sections 5001.96 and 5019.5.
(m) Prepare program and strategic planning reports, 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) 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 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 create, and make available for distribution, 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 include 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.

(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 of land natural and cultural resources are of the highest priority in the management of the state vehicular recreation areas; and, accordingly, areas. Accordingly, the division shall promptly repair and continuously maintain areas and trails, anticipate and prevent accelerated and unnatural erosion, and restore lands damaged by erosion to the extent possible. take steps necessary to prevent damage to natural and cultural resources in these areas. When damage occurs in a state vehicular recreation area that is inconsistent with natural and cultural resources protection plans, the division shall promptly close the area. That area 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 1991 2008 Soil Conservation Guidelines and Standards to establish a generic and measurable soil conservation conservation, standard by March 1, 2006, at least sufficient to allow restoration of off-highway motor vehicle areas and trails. The 1991 Soil Conservation Guidelines and Standards shall remain in effect until they are updated pursuant to this subdivision. December 31, 2020, and shall update the standard at least every five years thereafter.
(2) Upon a determination 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 area, the division shall temporarily close and restore the noncompliant portion to repair and prevent accelerated erosion, until the soil conservation standards are met. pursuant to subdivision (a).
(3) Upon a determination If the division determines that the soil conservation standards cannot be met in any portion of any state vehicular recreation area area, the division shall permanently close and restore the noncompliant portion pursuant to Section 5090.11. pursuant to subdivision (a).
(c) (1) The division shall make compile, and update at least every five years thereafter, an inventory of wildlife populations and their and native plant populations, including wildlife habitats and vegetation communities in each state vehicular recreation area and shall prepare a wildlife habitat protection program plan to sustain conserve a viable species composition specific to each state vehicular recreation area by July 1, 1989. consistent with recommendations of the science advisory team established pursuant to Section 5090.39.
(2) If the division determines that the wildlife habitat protection program 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 habitat protection program is met. pursuant to subdivision (a).
(3) If the division determines that the wildlife habitat protection program plan cannot be met in any portion of any state vehicular recreation area, the division shall permanently close and restore that the noncompliant portion pursuant to Section 5090.11. pursuant to subdivision (a).
(d) The division shall implement a monitoring program to monitor the condition of soils and wildlife habitat 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 programs 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). The division shall not fund trail construction where conservation is not feasible.
(f) The division shall monitor identify and protect cultural and sensitive natural, cultural, and archaeological resources within the state vehicular recreation areas. areas as natural and cultural preserves closed to off-highway vehicle recreation use.

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. 13.

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

(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.
(b) All unavoidable impacts to natural or cultural resources in new, expanded, and existing state vehicular recreation areas shall be 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 the United States Fish and Wildlife Service.
(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) To ensure consistent protection of natural and cultural resources across all state parks, including state vehicular recreation areas, cultural or natural preserves or state wildernesses shall be established within state vehicular recreation areas. To protect natural and cultural values, sensitive areas within state vehicular recreation areas may be designated by the division if the Off-Highway Motor Vehicle Recreation Commission holds a public hearing and makes a recommendation therefor. These sensitive areas shall be managed by the division in accordance with Sections 5019.71 and 5019.74, which define the purpose and management of natural and cultural preserves.

If

(e) If off-highway motor vehicle use results in damage to any natural or cultural values, preserve or values protected therein, appropriate measures shall be promptly taken to protect these lands from any further damage. These measures may include the erection of physical barriers and shall include the restoration of natural resources and the repair of damage to cultural resources. damage, restore damaged lands, and take measures to prevent future damage, including 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 Motor Vehicle Fuel Account in the Transportation Tax Fund. 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. “Support of the division” does not include costs incurred by, or attributable to, the director or the director’s immediate staff, or their salaries.

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, 2018, 2023, and as of that date is repealed, unless a later enacted statute, statute that is enacted before January 1, 2018, 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 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) Commencing July 1, 2012, the The revenues attributable to the taxes imposed pursuant to subdivision (b) of Section 7360 and Section 7361.1 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. The revenues attributable to the taxes imposed pursuant to subdivision (b) of Section 7360 and Section 7361.1 that were deposited in the Off-Highway Vehicle Trust Fund in the 2010–11 and 2011–12 fiscal years shall 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 Off-Highway Vehicle Trust 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.

(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 registered 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) 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 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, 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.

(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.

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 money transferred pursuant to Section 8352.6 of the Revenue and Taxation Code, all fees received by the department pursuant to subdivision (b), (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)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)

(d) This section shall remain in effect only until January 1, 2018, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2023, deletes or extends that date. Any unencumbered funds remaining in the Off-Highway Vehicle Trust Fund on January 1, 2018, 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.