SECTIONS 5090.15-5090.24 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5090.15-5090.24

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 appointed to the commission, a nominee shall
represent one or more of the following groups:
(1) Off-highway vehicle recreation interests.
(2) Biological or soil scientists.
(3) Groups or associations of predominantly rural landowners.
(4) Law enforcement.
(5) Environmental protection organizations.
(6) Nonmotorized recreation interests.
It is the intent of the Legislature that appointees to the
commission represent all of the groups delineated in paragraphs (1)
to (6), inclusive, to the extent possible.
(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.

5090.16. 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.

5090.17. (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.

5090.18. 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.

5090.19. 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.

5090.20. The director is the secretary of the commission.

5090.21. 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 incurred in the performance of the member's
duties.
Notwithstanding any other provision of law, any member of the
commission who is also a member of, and is entitled to receive the
benefits from, the Legislators' Retirement System may elect to forego
the compensation provided by this section and, if the compensation
is foregone, the member shall not have his or her retirement benefits
reduced and shall not be required to be reinstated into the
retirement system.

5090.22. The chairperson of the commission may appoint committees
composed of members of the commission and prescribe the jurisdiction
of each.

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 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 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.
(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 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 developed by the
division pursuant to Section 5090.32.
(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.