Title PRC, California Pub. Res. Code

“Fund” means the Off-Highway Vehicle Trust Fund created by subdivision (c) of Section 38225 of the Vehicle Code. (Amended by Stats. 2002, Ch. 563, Sec. 3. Effective January 1, 2003.)

“Off-highway motor vehicle” means an off-highway motor vehicle as defined in Section 38006 of the Vehicle Code. (Added by Stats. 1982, Ch. 994, Sec. 11.)

“Program” means the Off-Highway Motor Vehicle Recreation Program. (Added by Stats. 1982, Ch. 994, Sec. 11.)

“System” means the state vehicular recreation areas, the California Statewide Motorized Trail, areas and trails within the state park system, and areas supported by the grant program. (Amended by Stats. 2005, Ch. 270, Sec. 4. Effective January 1, 2006.)

“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. (Amended by Stats. 2017, Ch. 459, Sec. 1. (SB 249) Effec…

“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. …

“Grant program” means the local assistance grant program and the cooperative agreement program. (Repealed (by Sec. 6) and added by Stats. 2002, Ch. 563, Sec. 5. Effective January 1, 2003.)

“Monitoring program” means a program adopted by the department that provides periodic evaluations of the condition of resources and informs adaptive management within state vehicular recreation areas. (Added by Stats. 2017, Ch. 459, Sec. 3. (SB 249) Effective January 1, 2018.)

“Adaptive management” means to use the results of information gathered through a monitoring program or scientific research to adjust management strategies and practices to conserve cultural resources and provide for the conservation and improvement of natural resources. (Added by…

“State vehicular recreation area” means a unit of the state park system established pursuant to Section 5090.43. (Added by Stats. 2017, Ch. 459, Sec. 5. (SB 249) Effective January 1, 2018.)

(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 sha…

In making appointments to the commission, the Governor, Senate Committee on Rules, and Speaker of the Assembly shall consider the places of residence of the members of the commission in order to ensure statewide representation. (Amended by Stats. 1987, Ch. 1027, Sec. 6.)

(a) The terms of the members of the commission shall be four years. (b) Appointments to the commission shall comply with the qualifications for membership specified in Sections 5090.15 and 5090.16. (Amended by Stats. 2002, Ch. 563, Sec. 9. Effective January 1, 2003.)

In case of any vacancy in the membership of the commission, the appointing authority of the vacating member shall appoint a successor member for the unexpired portion of the term. (Added by Stats. 1982, Ch. 994, Sec. 11.)

The members of the commission shall elect a chairperson from their number who shall serve as chairperson for one year and until his or her successor is elected. (Amended by Stats. 2002, Ch. 563, Sec. 10. Effective January 1, 2003.)

The director is the secretary of the commission. (Added by Stats. 1982, Ch. 994, Sec. 11.)

Members of the commission may receive a salary for their services in an amount of fifty dollars ($50) for each day, up to a maximum salary of one hundred dollars ($100) per month. A member of the commission may also be reimbursed for the actual and necessary expenses which are in…

The chairperson of the commission may appoint committees composed of members of the commission and prescribe the jurisdiction of each. (Amended by Stats. 2002, Ch. 563, Sec. 11. Effective January 1, 2003.)

The commission has the following duties and responsibilities: (a) Be fully informed regarding all governmental activities affecting the program. (b) Meet at least four times per year at various locations throughout the state to receive comments on the implementation of the progra…

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. (Amended by Stats. 2017, Ch. 459, Sec. 8. (SB…

The division shall be under the direction of a deputy director appointed by the director. (Amended by Stats. 2017, Ch. 459, Sec. 9. (SB 249) Effective January 1, 2018.)

The division has the following duties and responsibilities: (a) Planning, acquisition, development, conservation, and restoration of lands in the state vehicular recreation areas. (b) Management, maintenance, administration, and operation of lands in the state vehicular recreatio…

(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. Where practical, the Internet…

(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. Additionally, the division shall promptly repair and continuous…

The division may enter into contracts with concessionaires and grants or cooperative agreements with other public agencies, pursuant to laws and procedures specified in this division, for the care and maintenance of lands in the system, including law enforcement services with pub…

Eminent domain shall not be exercised to acquire any interest in property for a state vehicular recreation area, the California Statewide Motorized Trail, or any grant program area or trail by the division or any public agency that has entered into a grant or cooperative agreemen…

No owner or other person having legal control of property in the vicinity of any lands in the system is liable for any actions of any type resulting from, or caused by, the user of an off-highway motor vehicle who is trespassing on property outside the system; and no owner or oth…

(a) The department shall require that: (1) Any soil conservation standard, wildlife habitat protection plan, or monitoring program, required by this chapter, applies best available science. (2) All standards, plans, and monitoring programs subject to paragraph (1) shall provide o…

The following lands within the Hollister Hills State Vehicular Area shall be managed, as follows: (a) The division shall designate and set aside 280 acres for nature study, which shall be closed to the operation of off-highway motor vehicles. The division shall, in carrying out t…

(a) For purposes of this section, “land” means the land known as the “Alameda-Tesla Expansion Area,” which encompasses approximately 3,100 acres in the County of Alameda and is currently part of Carnegie State Vehicular Recreation Area. (b) (1) The department shall use the design…

(a) State vehicular recreation areas consist of areas selected, developed, and operated to provide off-highway vehicle recreation opportunities. State vehicular recreation areas shall be selected for acquisition on lands where the need to establish areas to protect natural and cu…

(a) The division shall develop and implement a grant and cooperative agreement program to support the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associat…

No funds may be granted or expended pursuant to Section 5090.50, unless all of the following conditions are met: (a) If the project involves a ground disturbing activity, the recipient has completed wildlife habitat and soil surveys and has prepared a wildlife habitat protection …

The fund consists of deposits from the following sources: (a) Revenues transferred from the Motor Vehicle Fuel Account in the Transportation Tax Fund. (b) Fees paid pursuant to subdivision (b) of Section 38225 of the Vehicle Code. (c) Unexpended service fees. (d) Fees and other p…

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). …

Money in the fund shall be used to pay for the repair of any boundary fence that segregates off-highway vehicle use from adjoining landowners and is adjacent to an off-highway vehicle site that is funded by the fund, when the fence has become broken or damaged by off-highway vehi…

The division shall assist in the designation of corridors for a California Statewide Motorized Trail. The California Statewide Motorized Trail shall consist of corridors that are designated and maintained for recreational travel by off-highway motor vehicles, as defined in Sectio…