SB 742 - OHV bill - "Green Sticker Program"

[Pantheus]

Here is the bill that is being worked on.

This is "The Green Sticker Program"  that funds SVRAs, provides grants for USFS rehab, maps, and education, and a LOT more.  The funding for this program which started in mid 70s (as I recall), comes primarily from gas-tax-transfers (some of the tax we pay on gas, but which is used off-road - some 85% of the fund), and green sticker registrations.

This program *IS* set to sunset December 31, 2007

Attempts are being made to keep it going for at least 5 more years.  SB742 is the bill that could / would do that, *BUT* the current language of the bill is *NOT YET* even close to satisfactory to user groups.  Compromise is being worked on, but slow going.  That is why you'll see opposition to this bill from our groups,  which have a good bunch of "us' working hard and long.

Here is the Legislative Analysis of that bill (so far)

http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_742_cfa_20070602_113021_sen_floor.html

Ken

[Pantheus]

OHMVR Legislation Update - SB 742

Previous reports of the demise of SB 742 have proven to be premature.

As was approved by the 10 major off road recreational and business groups who were actively participating in negotiating SB 742, the off road community and the environmental community continued to negotiate with the Department of Parks and Recreation acting as the facilitator after Senator Steinberg announced that he was dropping the bill two weeks ago.

An estimated 20 hours (including a weekend meeting) of negotiations have taken place since then. We have been making some progress. We were all surprised last Friday, July 6, when we were told that SB 742 was to be amended yet again.

Please be assured that neither side, especially the off road community had ever agreed to these amendments – so when you see the amendments, do not get excited.

Because of these amendments, the DPR-led negotiating group met with Senator Steinberg and his staff on July 9 to find out what was going on.

In that meeting, Senator Steinberg told us he had decided to try to keep the bill moving. He also was brought up to speed on our progress and most importantly he stated that he would accept any reasonable agreements that are worked out by the parties.

So SB 742 was heard in the Assembly Water, Parks & Wildlife committee on Tuesday, July 10, as amended with testimony by all sides that we will continue to work in good faith. The vote in committee was 8-3. (One Republican, Assemblyman Tom Berryhill, gave a courtesy “Aye” vote at the request of the OHV community so that negotiations can continue without missing a legislative deadline.)

We will continue to work on the bill and when both the enviros and OHV sides have a proposed solution, we will bring it to the OHV Leadership for discussion and a vote on the agreed upon provisions.

If we don’t reach agreement by the time the bill goes to Assembly Appropriations Committee (around August 20th) we will all walk away from SB 742 and introduce our own OHV legislation.

In order to reach an agreement, we may not get all that we want, but we should be able to support a functional OHV program that is ecologically balanced. The key provisions that we have already been successful on include:

The OHMVR Commission becomes mostly advisory in nature. This is similar to federal resource advisory councils.

The Governor gets 2 more appointments to the Commission giving him 5 appointments which effectively gives him control of the Commission (which is customary in 95% of all the state boards & commissions in California)

The restriction on red sticker vehicles has been removed.

No new rules on trespass or requiring the rider to get permission from the owner to go on private property

No license plate on motorcycles and ATVs

Increase O & M grants to 50% of the grant program. More funds will be available for on-the-ground trail projects and maintenance.

A more stewardship or holistic oriented “Restoration” pot where said funds can be used to restore or rehabilitate trails closed in a legal NEPA process. Relevant OHV studies may be funded as well.

So we need the off road community to “take the high road” and hang in there a little longer. Launching mean spirited and disingenuous attacks like the enviros did last week is not the path we should take at this time.

We will keep you posted.

You may use this information on your websites and send it to other websites

From Pete Conaty, Terry McHale, & Don Amador

[Pantheus]

Political negotiations are in progress..............


Riders, environmental groups negotiate on fees, land protection as a state deadline nears.
By Jim Sanders - Bee Capitol Bureau
Published 12:00 am PDT Sunday, July 8, 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Closing is always the difficult part," Steinberg said of talks between environmentalists and riding groups. "They need to close."

[Pantheus]

John Stewart, Natural Resources Consultant,  CA4WDC  says, with regard to what YOU / WE can do about SB 742, the OHV program that is stalled in Sacramento, that they are working hard to get going.

SB 742 isn't yet what the OHV groups are satisfied with, and that:



If you would like to make a recommendation to your legislator, just let them know that you are concerned about OHV recreation issues and you are supportive of a legislation that provides for maintained trails to preclude resource issues.

And, you support trail maintenance, law enforcement and education a primary components of an OHV program for the state.

And, you want to have a program that is permanent.

These are general points that ALL OHV groups in the state adhere to.

As the Assembly is out of session and the Senate is gridlocked over the budget, not much is happening in Sacramento.

Updates will be distributed as they are available.

[Pantheus]

Here's the text of SB 742, should you have any spare time.   Some parts are clear why we are not supporting it in the current form.

http://www.legisweb.net/v2/public/calm/Retrieve.asp?ref=urn%3Acalm%3A2007%3Asb0742%3Adoc

because that wraps:    http://tinyurl.com/2z4s99

Ken

[Pantheus]

Note, this post now contains information that has been changed in two posts down from this

The rumor mill is spinning, that this bill as been signed.

I'm waiting for all the final details, but from the "mill" it appears we did pretty darn good.

And the rumor mill turns out to be premature

Action needed TODAY !

call, WRITE, email these SUPPORTING SB742

Mimi Walters (Vice Chair)  R - Laguna Niguel

916–319-2073

916-319-2173 fax

assemblymember.walters@assembly.ca.gov

Anna Caballero, D - Salinas

916-319-2028

916-319-2128 fax

assemblymember.caballero@assembly.ca.gov

Bill Emmerson, R - Rancho Cucamonga

916-319-2063

916-319-2163 fax

assemblymember.emmerson@assembly.ca.gov

Betty Karnette, D - Long Beach

916-319-2054

916-319-2154 fax

assemblymember.karnette@assembly.ca.gov

 

Doug LaMalfa, R - Redding

916-319-2002

916-319-2102 fax

assemblymember.lamalfa@assembly.ca.gov

 

Ted Lieu, D - El Segundo

916-319-2053

916-319-2153 fax

assemblymember.lieu@assembly.ca.gov

 

Fiona Ma, D – San Francisco

916-319-2012

916-319-2112 fax

assemblymember.ma@assembly.ca.gov

Alan Nakanishi, R – Lodi

916-319-2010

916-319-2110 fax

assemblymember.nakanishi@assembly.ca.gov

 

Sharon Runner, R – Lancaster

916-319-2036

916-319-2136 fax

assemblymember.runner@assembly.ca.gov

Some highlights:

     Funding increased from $ 18M to  $25M to 30M, of which 50% is to go to Operation and Trail Maintenance , 25% for law Enforcement, 20% for resources, and 5% for education.  Unclear how funding will increase but believed to be from raising green Sticker fees from $ 22 / every two years to $ 50. every two years. raised fees at OHV parks, too.

     Program sunset in 10 years...  2 new Commissioners appointed by Governor. 5 to be appointed by Governor, 2 by Assembly, 2 by Speaker.  We must make sure we get a friendly Governor.

Ken

[chicomecha]

How much for new walking trails - that used to be great routes?

[Pantheus]

As I stated in an above post, the rumor of its passage, or signing was greatly premature, and largely incorrect.

Yesterday, August 31, it WAS amended in the Assembly Appropriations Committee, and does look better than it did, and passed that ASM APPR by a vote of 15 - 0.  Our emails and calls to the Committee members must have helped.

Here is a link to the "current" language of the bill.

http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_742_bill_20070831_amended_asm_v94.html

I believe it still now needs full Assembly approval, even though it left ASM APPR with a DO PASS,  then to a joint ASM / SEN conference to get it approved, then on to the Govenator's desk for signature.

So, the emails I have gotten that said it was "signed", and those that said it "passed", were premature, for sure.

But it currently looks  better than it did a week ago, in terms of language benefitting us users.

Ken

[Pantheus]

From CA4WDC, Don Klusman

He said the bill will be on the floor for a vote they HOPE on Thursday or Friday of this week.  The internet is not keeping up with the things that are happening in Sacramento right now.
 
That being said we must make those calls and emails supporting this bill.  All you have to say is you support SB 742 as it protects the sport of OHV and protects the environment.  It is a good bill and we fully support it.

------------------------------------------------------------------------------

What is needed today, is for EVERYONE to write your California Assemblyman, and Senator and urge passage of SB 742 because it protects the sport of OHV and protects the environment.  It is a good bill and we fully support it.

The bill is here:

http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_742&sess=CUR&house=B&author=steinberg

if it wraps:  http://tinyurl.com/2wzg37

Your  Assemblyman is here :      http://www.clorv.org/assembly.html

Your Senator is here:     http://www.clorv.org/senate.html

Do it today, Wednesday 9/5 or no later than tomorrow morning 9/6

The OHV users groups support this bill, and urge its passage.

Ken


 

[Pantheus]

Further to this:

OHV Leaders:  re:  Nor Cal off-roaders
 
I just heard that Assemblyman Ted Gaines (R) AD 4 will vote no on SB 742 because he is opposed to fee increases "in principle".  This is what we are up against with conservative Republicans who are usually our friends.  Please call Gaines' office:  916-319-2004
 

[Pantheus]

It's down to the wire on SB742.  We can get it passed with your help.

Get this message out to everyone.  Make those phone calls tomorrow.  Please.

Thank You,

Harry Baker

[Message to CLORV member Associations]

From Pete Conaty & Terry McHale -

There will be two minor technical amendments to SB 742 on the Assembly Floor.  These are amendments that have been agreed to by all sides.

The first amendment is a sentence that was in the negotiated language (and the 7/9 version of the bill) but was inadvertently struck with the last set of amendments. The second amendment is two provisions which are in current law but were also inadvertently struck.

FYI – These type of amendments are typical when a bill is heavily rewritten and makes so many changes.

We need off road leaders to call their Assembly members in their areas.  We would like to have a large “aye” vote total on the Assembly Floor.

As stated before, Republican legislators don't like to vote for fee increases so they need to hear from off road leaders that you support this modest fee increase.  Please call all in your area and express your support.  Please call any legislators you know and are familiar with.

Some suggestions:

SDORC / ASA – all legislators in SD, Riverside, Imperial & San Bernardino
AMA D-36 / Cal4WD – N CA & Central Valley
AMA D-37 / CORVA – LA, Ventura, San Bernardino
FOD – San Jose, also specifically Blakeslee & Maldonado
ORBA – Fresno & Bakersfield

The bill will probably be amended on Thursday and voted on in the Assembly on Friday.

Even though there is talk about closing down early, we think it is more likely that the Legislature will stay in session until 9/11 or 9/12

Keep up the good work – everyone has done a great job holding together and united.

If you don’t have your CLORV Legislative Roster handy, you can find their Capitol office phone numbers at:

http://www.assembly.ca.gov/clerk/MEMBERINFORMATION/memberdir_1.asp

http://www.senate.ca.gov/~newsen/senators/senators.htp

Pete & Terry

[Pantheus]

Of you'd find it easier to call your Assemblyperson here are there phone numbers.


California State Assembly Member State Capitol Phone

Assemblywoman Patty Berg (D-01) 916-319-2001
Assemblyman Doug LaMalfa (R-02)* 916-319-2002   <-----
Assemblyman Rick Keene (R-03)* 916-319-2003      <-----
Assemblyman Ted Gaines (R-04)* 916-319-2004
Assemblyman Roger Niello (R-05)* 916-319-2005
Assemblyman Jared Huffman (D-06) 916-319-2006
Assemblywoman Noreen Evans (D-07) 916-319-2007
Assemblywoman Lois Wolk (D-08)* 916-319-2008
Assemblyman Dave Jones (D-09) 916-319-2009
Assemblyman Alan Nakanishi (R-10)* 916-319-2010
Assemblyman Mark DeSaulnier (D-11) 916-319-2011
Assemblywoman Fiona Ma (D-12)* 916-319-2012
Assemblyman Mark Leno (D-13) 916-319-2013
Assemblywoman Loni Hancock (D-14) 916-319-2014
Assemblyman Guy Houston (R-15)* 916-319-2015
Assemblyman Sandré Swanson (D-16)* 916-319-2016
Assemblywoman Cathleen Galgiani (D-17)* 916-319-2017
Assemblywoman Mary Hayashi (D-18) 916-319-2018
Assemblyman Gene Mullin (D-19)* 916-319-2019
Assemblyman Alberto Torrico (D-20)* 916-319-2020
Assemblyman Ira Ruskin (D-21) 916-319-2021
Assemblywoman Sally Lieber (D-22) 916-319-2022
Assemblyman Joe Coto (D-23)* 916-319-2023
Assemblyman Tom Berryhill (R-25)* 916-319-2025
Assemblyman Greg Aghazarian (R-26)* 916-319-2026


Ken

[Pantheus]

You can of course write, call or email any or all of them, as you have time for, but ...

The ONE that is most interested in hearing from you is the one that represents YOUR District.  Since I'm unsure without a bit of work where you live, here is a list of counties that each Assembly person represents, and therefore YOUR Assemblyperson.

http://www.clorv.org/06generalvoterguidenorthern.html#California%20State%20Assembly

What that shows is that if you are in: 

Siskiyou, Modoc, Shasta, Tehama, Glenn, Colusa, Sutter, Yolo, & portions of Butte County you are in District 2 and Doug LaMalfa ii your Assembly person.

Assemblyman Doug LaMalfa (R-02)*
   State Capitol
Sacramento, CA 95814
916-319-2002    100 East Cypress Ave #100
Redding, CA 96002
530-223-6300    
assemblymember.lamalfa@asm.ca.gov

If you are in:

Lassen, Plumas, Butte, Yuba, Sierra, Nevada, & portions of Placer you are in District 3 and your guy is Rick Keene

Assemblyman Rick Keene (R-03)*
   State Capitol
Sacramento, CA 95814
916-319-2003    196 Memorial Way
Chico, CA 95926
530-895-4217    
assemblymember.keene@asm.ca.gov


On the California Senate side

If you are in:

Del Norte, Siskiyou, Trinity, Shasta, Tehama, Glenn, Butte, Colusa, Sutter, Yuba, Placer County, you are in Senate District 4  then Sam Aanestad is your guy

Senator Sam Aanestad (R-04)*   

State Capitol
Sacramento, CA 95814
916-651-4004   

200 Providence Mine Rd #108
Nevada City, CA 95959
530-470-1846
   
senator.aanestad@sen.ca.gov


If you are in:

Humboldt, Mendocino, Lake, Sonoma, Napa, Solano Counties then you are in Senate District 2, and Patricia Wiggins is your person

Senator Patricia Wiggins (D-02)*
   

State Capitol
Sacramento, CA 95814
916-651-4002
   

50 "D" St #120-A
Santa Rosa, CA 95404
707-576-2771
   
senator.wiggins@sen.ca.gov


Ken

[Pantheus]

Good news.

SB 742 passed the Assembly this evening by a vote of 69 - 0

It is possible there could be some absentee votes, that might change that number a tiny bit,  but it's now out of Assembly and onto the SENATE.

Please read the next post, and PLEASE contact YOUR Senators.  You can find out who they are if you don't know by clicking a link in that article.

Ken

[Pantheus]

Fellow offroaders,

There are two posts attached concerning SB742.  The first is on behalf of several anti access groups, not our friends, who are working to eliminate our OHMVR program.  The second is from CORVA, our friend, in the fight to save our OHMVR program.

Read the anti access post and get mad.  Then read the CORVA post, log into the "find both your elected officials" site, and make your calls.  This is our last opportunity to save our OHMVR program.  If SB742 is not passed this week, the program WILL END this year.

You can make the difference.

Thank you for your help,

Helen Baker     

[The reference to wealthy offroaders in the post below, is laughable, however the reference to influential offroaders means that our efforts to take back our OHMVR program are working - keep fighting the good fight!  Helen]


Off-Road Politics Affect Protection of California Parks;
Conservation Groups Warn State to Tread Lightly

SACRAMENTO— Several conservation organizations, increasingly dismayed by the growing influence of the small but wealthy and influential off-road lobby, have signed a letter to Ruth Coleman, Director of California Department of Parks and Recreation, Governor Arnold Schwarzenegger and Senator Dianne Feinstein demanding an end to interference by the department’s Off-Highway Vehicle Division in state parks resource decisions.

The letter cites emails obtained by Public Employees for Environmental Responsibility under a Public Records Act request, confirming intervention by Off-Highway Vehicle Division Director Daphne Greene, who blocked adoption of a long-overdue General Plan Amendment for Red Rock Canyon State Park because off-roaders didn’t like the plan. The letter also cites Greene’s objecting to road closures for resource protection requested by State Parks resources staff, which resulted in continuing damage to a valuable archaeological site.

Senator Feinstein’s Desert Protection Act transferred Red Rock Canyon’s Last Chance Addition from the Bureau of Land Management to the state parks department in 1994, primarily to ensure protection of its vast cultural resources from off-road vehicles. The state initiated a General Plan Amendment for management of the area, but a stakeholder plan, which was to go to the Parks and Recreation Commission in December 2005, was held up when off-roaders complained to Greene about road closures. The General Plan process was allowed to wither — and with it the management of Red Rock Canyon’s spectacular geologic formations, rare desert riparian areas, and rich cultural resources. The net result has been absence of a management plan 13 years after state park acquisition and the gradual transformation of this unique landscape into an off-road free-for-all.

Pressure from conservationists over the past two years resulted in a promise from the parks department for a new General Plan process. The groups do not want a repeat of the Off-Highway Division’s historic interference.

Karen Schambach, California director of Public Employees for Environmental Responsibility, points out: “It is absolutely outrageous that the director would allow OHV interests to undermine the recommendations of department resource specialists. With three off-road open areas and over 800 miles of roads surrounding Red Rock Canyon State Park, the desires of one California recreation community should not take precedence over the needs and interests of all others. California State Parks should honor the Congressional vision that these lands should be managed “to provide maximum protection for the area’s scenic and scientific values.”

The Off-Highway Division has an annual budget of $55 million, primarily from transfers from the state’s fuel tax. That budget will increase dramatically if the legislature passes SB742 this session.

“Apparently money really does talk. In this instance it spoke more loudly than the agency's duty to protect important resources and public lands for the majority,” said Chris Kassar, a wildlife biologist with the Center for Biological Diversity. “The previous effort to provide timely and essential protection for this special place was hijacked by wealthy off-road interests, and we are committed to ensuring this doesn't happen a second time.”

Desert Protective Council Conservation Coordinator Terry Weiner observed, “Surveys conducted by State Parks document that only 15 percent or so of California’s recreating public indicate that they indulge in ORV recreation as their favorite recreation and that 85 percent instead head to California state parks and other public lands to bird-watch, hike, camp, fish and hunt. They deserve to be able to visit Red Rock Canyon State Park and experience the unique desert formations and tranquility for which the park was established. We expect our State Park managers to protect the irreplaceable resources entrusted to their care.”
###
ARE YOU MAD YET??  ARE YOU READY TO MAKE YOUR CALL?

JUST DO IT!

[This CORVA ALERT was sent 9/9/07 ---Follow these easy directions to find your legislators, and call them NOW!  Helen]

Dear CORVA Members AND FELLOW OFFROADERS,

The long road to take our OHV Program back from those wishing to end our sport has arrived.  Senator Steinberg's bill, SB 742 that began last February now needs Our Support.  We need you to call your Assembly member now as this is scheduled to be heard this Monday, Sept 10th.  SB 742 as amended passed the Assembly appropriations committee by a vote of 15-0 and now heads to the Assembly floor.  It will then go to the Senate floor for final passage as early as Tuesday.

So please contact your Assembly member and State Senator and urge their AYE vote today on SB 742!

Find both your elected officials here:
http://192.234.213.69/smapsearch/framepage.asp

SB 742 is a balanced bill for both OHV users as well as protecting the environment.

In the September issue of our Off Roader In Action newsletter, President Ed Waldheim explains our situation on page 4.  http://www.corva.org/index2.html

The complete bill can be found here:
http://www.leginfo.ca.gov/pub/07-08/...ed_asm_v94.pdf

Last amendments here:
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_742_bill_20070906_amended_asm_v93.html
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