reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.02.

5090.02. (a) The Legislature finds all of the following:
(1) Off-highway motor vehicles are enjoying an ever-increasing popularity in California.
(2) Off-highway recreation includes both motorized recreation and motorized off-highway access to nonmotorized recreation activities.
(3) The indiscriminate and uncontrolled use of those vehicles may have a deleterious impact on the environment, wildlife habitats, native wildlife, and native flora.
(b) The Legislature hereby declares that effectively managed areas and adequate facilities for the use of off-highway vehicles and conservation and enforcement are essential for ecologically balanced recreation.
(c) Accordingly, it is the intent of the Legislature that:
(1) Existing off-highway motor vehicle recreational areas, facilities, and opportunities should be expanded and managed in a manner consistent with this chapter, in particular to maintain sustained long-term use.
(2) New off-highway motor vehicle recreational areas, facilities, and opportunities should be provided and managed pursuant to this chapter in a manner that will sustain long-term use.
(3) The department should support both motorized recreation and motorized off-highway access to nonmotorized recreation.
(4) When areas or trails or portions thereof cannot be maintained to appropriate established standards for sustained long-term use, they should be closed to use and repaired, to prevent accelerated erosion. Those areas should remain closed until they can be managed within the soil conservation standard or should be closed and restored.
(5) Prompt and effective implementation of the Off-Highway Motor Vehicle Recreation Program by the department and the Division of Off-Highway Motor Vehicle Recreation should have an equal priority among other programs in the department.
(6) Off-highway motor vehicle recreation should be managed in accordance with this chapter through financial assistance to local governments and joint undertakings with agencies of the United States and with federally recognized Native American tribes.
(Amended by Stats. 2007, Ch. 541, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.03.

5090.03. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1982, Ch. 994, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.05.

5090.05. “Division” means the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation.
(Added by Stats. 1982, Ch. 994, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.06.

5090.06. “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.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.07.

5090.07. “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.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.09.

5090.09. “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.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.10.

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.
(Amended by Stats. 2017, Ch. 459, Sec. 1. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.11.

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.
(Amended by Stats. 2017, Ch. 459, Sec. 2. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.12.

5090.12. “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.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.13.

5090.13. “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.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.14.

5090.14. “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 Stats. 2017, Ch. 459, Sec. 4. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.14.1.

5090.14.1. “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.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 2 - Off-Highway Motor Vehicle Recreation Commission › Section 5090.15.

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 have expertise in or represent one of the following interests:
(1) Off-highway vehicle recreation.
(2) Environmental protection.
(3) Motorized access to nonmotorized recreation.
(4) Law enforcement.
(5) Environmental restoration.
(6) Health and safety.
(7) Rural landowners or residents.
(8) Biological or soil specializations.
(9) Public-at-large.
(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.
(Amended by Stats. 2021, Ch. 258, Sec. 20. (SB 155) Effective September 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 2 - Off-Highway Motor Vehicle Recreation Commission › Section 5090.16.

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.
(Amended by Stats. 1987, Ch. 1027, Sec. 6.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 2 - Off-Highway Motor Vehicle Recreation Commission › Section 5090.17.

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.
(Amended by Stats. 2002, Ch. 563, Sec. 9. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 2 - Off-Highway Motor Vehicle Recreation Commission › Section 5090.18.

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.
(Added by Stats. 1982, Ch. 994, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 2 - Off-Highway Motor Vehicle Recreation Commission › Section 5090.19.

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.
(Amended by Stats. 2002, Ch. 563, Sec. 10. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 2 - Off-Highway Motor Vehicle Recreation Commission › Section 5090.21.

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.
(Amended by Stats. 1985, Ch. 942, Sec. 4.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 2 - Off-Highway Motor Vehicle Recreation Commission › Section 5090.22.

5090.22. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 3 - Division of Off-Highway Motor Vehicle Recreation › Section 5090.30.

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.
(Amended by Stats. 2017, Ch. 459, Sec. 8. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 3 - Division of Off-Highway Motor Vehicle Recreation › Section 5090.31.

5090.31. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 3 - Division of Off-Highway Motor Vehicle Recreation › Section 5090.32.

5090.32. 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 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 management and wildlife habitat protection plans for lands in, or proposed to be included in, state vehicular recreation areas, including new state vehicular recreation areas. These plans shall be developed in consideration of statutorily required state and regional conservation objectives. However, a plan shall not be prepared in any instance specified in subdivision (c) of Section 5002.2. Trails may only be added or included as components of existing trail systems when developing or updating plans in state vehicular recreation areas, upon completion of full environmental review.
(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) Provide for the conservation of natural and cultural resources, including appropriate mitigation.
(m) Post on the department’s Internet Web site all plans, reports, and studies related to off-highway vehicle recreation developed by the division.
(n) Report on any closure implemented pursuant to Section 5090.35 at the next commission meeting following the closure.
(o) Complete other duties as determined by the director.
(Amended by Stats. 2017, Ch. 459, Sec. 10. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 3 - Division of Off-Highway Motor Vehicle Recreation › Section 5090.34.

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. Where practical, 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 may create, and update when appropriate, a guidebook of federal, state, and local off-highway vehicle recreation opportunities that includes information where current specific maps and information for each facility can be located. Contact information 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.
(c) The division may 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.
(Amended by Stats. 2017, Ch. 459, Sec. 11. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 3 - Division of Off-Highway Motor Vehicle Recreation › Section 5090.36.

5090.36. 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 public agencies having law enforcement authority.
(Amended by Stats. 2002, Ch. 563, Sec. 19. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 3 - Division of Off-Highway Motor Vehicle Recreation › Section 5090.37.

5090.37. 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 agreement with the division.
(Amended by Stats. 2003, Ch. 62, Sec. 246. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 3 - Division of Off-Highway Motor Vehicle Recreation › Section 5090.38.

5090.38. 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 other person having legal control of property in the vicinity of any lands in the system is liable for any one’s actions of any type commenced on, or taking place within, the boundaries of lands in the system.
(Added by renumbering Section 5090.46 by Stats. 2004, Ch. 908, Sec. 10. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 3 - Division of Off-Highway Motor Vehicle Recreation › Section 5090.39.

5090.39. (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 opportunities for public comment, including, but not limited to, written comments and public meetings, as appropriate.
(b) Nothing in this chapter relieves the division from compliance with state and federal laws and regulations, including permit requirements.
(Added by Stats. 2017, Ch. 459, Sec. 13. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 4 - State Vehicular Recreation Areas › Section 5090.41.

5090.41. 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 this subdivision, protect the natural and cultural values of the designated lands by taking appropriate measures, which may include the erection of physical barriers to off-highway vehicle use.
(b) The division shall identify approximately 395 acres as a “Buffer Zone” on the Record of Survey filed by the State of California with the County Recorder of San Benito County, California, on April 2, 1990, in the Book of Maps, Number 10, Page Number 79, plus the three southernmost areas, consisting of approximately 196 acres identified on Figure I-2, Page 5, Appendix, Environmental Impact Report for Acquisition of Additional Land at Hollister Hills SVRA, State Clearinghouse Number 88051716, which shall be closed to the operation of off-highway motor vehicles.
(Added by Stats. 1994, Ch. 798, Sec. 3. Effective September 27, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 4 - State Vehicular Recreation Areas › Section 5090.42.

5090.42. (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 designation process, pursuant to Article 1.7 (commencing with Section 5019.50) of Chapter 1, and planning process, pursuant to Section 5002.2, to determine the best use of the land. The land shall not be designated as a state vehicular recreation area, as defined in Section 5090.14.1.
(2) One million dollars ($1,000,000) shall be transferred from the General Fund to the State Parks and Recreation Fund, established pursuant to Section 5010, to be used for the purposes of paragraph (1).
(c) (1) Twenty-nine million eight hundred thousand dollars ($29,800,000) shall be transferred from the General Fund to the Off-Highway Vehicle Trust Fund, established pursuant to Section 38225 of the Vehicle Code, to be used in accordance with this chapter, including the acquisition and development of properties to expand off-highway vehicle recreation and where quality recreation opportunities for off-highway motor vehicles may be provided.
(2) When considering acquisition and development of properties to expand off-highway vehicle recreation opportunities, the department may prioritize properties that have potential to serve large urban areas such as the Bay Area and Central Valley, offer potential recreational opportunities for off highway vehicle recreation, and potential opportunities for motorized access to nonmotorized recreation. Properties for consideration may include areas within existing State Parks and State Recreation Areas, including, but not limited to, Henry Coe State Park. The department shall not consider the Alameda-Tesla Expansion Area in this process.
(Added by Stats. 2021, Ch. 258, Sec. 21. (SB 155) Effective September 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 4 - State Vehicular Recreation Areas › Section 5090.43.

5090.43. (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 cultural resources is minimized, the terrain is capable of withstanding motorized vehicle impacts, and where there are quality recreational opportunities for off-highway motor vehicles. Areas shall be developed, managed, and operated for the purpose of providing the fullest appropriate public use of the vehicular recreational opportunities present, in accordance with the requirements of this chapter, while providing for the conservation of cultural resources and the conservation and improvement of natural resource values over time.
(b) After January 1, 1988, no new cultural or natural preserves or state wildernesses shall be established within state vehicular recreation areas. To protect natural and cultural resource values, sensitive areas may be established within state vehicular recreation areas where determined by the department to be necessary to protect natural and cultural resources. 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.
(c) If off-highway motor vehicle use results in damage to any natural or cultural resources or damage within sensitive areas, 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.
(Amended by Stats. 2017, Ch. 459, Sec. 14. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 4.5 - California Statewide Motorized Trail › Section 5090.44.

5090.44. 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 Section 38006 of the Vehicle Code, and that are designated for off-highway motor vehicle travel by the owner of, or other person or public entity having control over, the property traversed by the corridor. Portions of the California Statewide Motorized Trail may include lands designated and maintained as trailheads. The California Statewide Motorized Trail shall be selected and managed in accordance with this chapter. Trails designated pursuant to this section may be known as the California Statewide Motorized Trail.
(Amended by Stats. 2002, Ch. 563, Sec. 23. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 5 - Local Assistance Grants, Grants to Nonprofit Organizations and Educational Institutions, and Cooperative Agreements with Federal Agencies › Section 5090.53.

5090.53. 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 program to sustain a viable species composition for the project area.
(b) If the project involves a ground disturbing activity, the recipient agrees to monitor the condition of soils and wildlife in the project area each year in order to determine whether the soil conservation standards adopted pursuant to Section 5090.35 and the wildlife habitat protection program prepared pursuant to subdivision (a) are being met.
(c) If the project involves a ground disturbing activity, the recipient agrees that, whenever the soil conservation standards adopted pursuant to Section 5090.35 are not being met in any portion of a project area, the recipient shall close temporarily that noncompliant portion, to repair and prevent accelerated erosion, until the same soil conservation standards adopted pursuant to Section 5090.35 are met.
(d) If the project involves a ground disturbing activity, the recipient agrees that, whenever the wildlife habitat protection program prepared pursuant to subdivision (a) is not being met in any portion of a project area, the recipient shall close temporarily that noncompliant portion until the same wildlife habitat protection program prepared pursuant to subdivision (a) is met.
(e) The recipient agrees to enforce the registration of off-highway motor vehicles and the other provisions of Division 16.5 (commencing with Section 38000) of the Vehicle Code and to enforce the other applicable laws regarding the operation of off-highway motor vehicles.
(f) The recipient agrees to cooperate with appropriate law enforcement entities to provide proper law enforcement at and around the facility.
(g) The recipient has identified the potential for the facility to reduce illegal and unauthorized off-highway motor vehicle recreation activities in the surrounding areas.
(h) The recipient has included in its application a description of how it is meeting the operations and maintenance needs of any existing off-highway motor vehicle recreation facility under its jurisdiction.
(Amended by Stats. 2007, Ch. 541, Sec. 11. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 6 - Fiscal Management › Section 5090.60.

5090.60. 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 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.
(Amended by Stats. 2002, Ch. 563, Sec. 32. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 6 - Fiscal Management › Section 5090.61.

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.
(Amended by Stats. 2017, Ch. 459, Sec. 16. (SB 249) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 6 - Fiscal Management › Section 5090.65.

5090.65. 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 vehicle users.
(Added by renumbering Section 5090.47 by Stats. 2002, Ch. 563, Sec. 25. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.26 - Outdoor Equity Grants Program › Section 5090.76.

5090.76. (a) Except as authorized by the Legislature, the department shall not allocate for the purposes of the grant program any general fund moneys appropriated by the Legislature to the department in the annual Budget Act.
(b) The director may accept private donations made for the support of the grant program. The director may solicit and accept private funding to help offset the costs of the grant program.
(c) All moneys received pursuant to this section or appropriated by the Legislature for the purpose of the grant program shall be deposited in the California Outdoor Equity Account, which is hereby created within the State Parks and Recreation Fund.
(d) Before commencing any program development activities for the grant program, adequate donations or funds shall be deposited into the California Outdoor Equity Account. This amount shall be sufficient to administer the grant program and provide grant awards.
(Added by Stats. 2019, Ch. 675, Sec. 1. (AB 209) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.26 - Outdoor Equity Grants Program › Section 5090.77.

5090.77. (a) The department shall gather information from applicants following each award year for purposes of evaluating the effectiveness of outdoor environmental education programs in achieving the objectives of the grant program. Notwithstanding Section 10231.5 of the Government Code, the department shall annually summarize and report this information for the previous award year to the appropriate budget and fiscal committees of the Legislature. The information in the annual report shall include the total number of children served, the total number and types of entities that received grant awards, appropriate recommendations to improve the grant program, partnerships formed, educational objectives achieved, the total number of applications received, and the total number of children who would have been served had all applicants for the award year received grant awards.
(b) A report required pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2019, Ch. 675, Sec. 1. (AB 209) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.26 - Outdoor Equity Grants Program › Section 5090.78.

5090.78. The department shall adopt guidelines it determines as necessary to carry out the purposes of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the adoption of guidelines pursuant to this section. The department shall develop a process for public comment and review of the guidelines that involves three public hearings in three different parts of the state before the adoption of those guidelines.
(Added by Stats. 2019, Ch. 675, Sec. 1. (AB 209) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.27 - California Sno-Park Permit Program › ARTICLE 1 - General Provisions › Section 5091.01.

5091.01. (a) The Legislature finds that as the popularity of winter recreation has steadily grown, so too has the problem of insufficient parking areas for participants.
(b) The Legislature hereby declares that adequate parking facilities for winter recreation are essential to ensure safety and well-being of the states’ winter recreationists.
(c) Accordingly, in furtherance of the California Outdoor Recreation Plan, it is the intent of the Legislature to establish the California SNO-PARK Permit Program, whereby winter recreationists may purchase a windshield sticker that will allow them to park in any of the roadside parking areas to be established and plowed for this purpose.
(Added by Stats. 1984, Ch. 1560, Sec. 2. Effective September 30, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.27 - California Sno-Park Permit Program › ARTICLE 1 - General Provisions › Section 5091.02.

5091.02. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter.
(a) “Authorized vendor” means a retail commercial enterprise, authorized by the department to sell SNO-PARK permits established by this chapter.
(b) “Department” means the Department of Parks and Recreation.
(c) “Fund” means the Winter Recreation Fund.
(d) “Designated parking area” means an area located, constructed, maintained, and signed pursuant to this chapter.
(e) “Winter recreation” means any recreational activity principally dependent upon snow-covered ground, including, but not limited to, cross-country skiing, snowshoeing, sledding, ice fishing, snow camping, dogsledding, and snowmobiling.
(Added by Stats. 1984, Ch. 1560, Sec. 2. Effective September 30, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.27 - California Sno-Park Permit Program › ARTICLE 2 - Designation of Parking Areas › Section 5091.10.

5091.10. (a) The State Park and Recreation Commission shall hold at least two public hearings, one in the northern portion of the state and one in the southern portion of the state, to seek proposals from individuals, winter recreation user groups, the department, and other public agencies for parking areas to be designated under this chapter.
(b) The director shall appoint a committee, which shall be known as the “Winter Recreation Committee,” to advise the director on the location of designated parking areas.
(c) The department shall, after consultation with the State Park and Recreation Commission, the Department of Transportation, the Department of the California Highway Patrol, the appropriate boards of supervisors, and any local public or private persons owning lands adjacent to each site, designate winter recreation parking locations throughout the state and include the sites as an element of the California outdoor recreation plan. The department may enter into long-range agreements for the utilization of private and public lands for the programs. The location and design of any proposed site adjacent to, or directly impacting on, a state highway shall be reviewed and approved by the Department of Transportation. The location and design of any proposed site adjacent to, or directly impacting on, a county road shall be reviewed and approved by the appropriate board of supervisors.
(d) Using funds appropriated from the Winter Recreation Fund and allocated pursuant to paragraph (1) of subdivision (b) of Section 5091.25, the Department of Transportation shall provide for the removal of snow accumulating on designated parking areas according to priorities established by the Department of Transportation in consultation with the department. The removal of snow from the roadway of state highways shall always take precedence over the removal of snow from designated parking areas.
(e) Using funds appropriated from the Winter Recreation Fund and allocated pursuant to paragraph (3) of subdivision (b) of Section 5091.25, the department may make grants to counties for the removal of snow accumulating on designated parking areas. The department may contract with the appropriate public and private entities for snow removal, provision of sanitary facilities, signage, trash removal, parking lot repairs, and other services. In no event shall the removal of snow on designated parking areas become a county responsibility, except by agreement with the appropriate board of supervisors.
(Amended by Stats. 2001, Ch. 278, Sec. 1. Effective January 1, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.27 - California Sno-Park Permit Program › ARTICLE 3 - SNO-PARK Permit Program › Section 5091.15.

5091.15. (a) Except as provided in this section, no person shall, from November 1 of any year to May 30 of the next year or for a shorter time as determined by the department, park a vehicle in a designated parking area unless the vehicle displays a parking permit issued by the department. Overnight camping in a vehicle parked in a designated parking area may be authorized by the department when it determines that the use is for a recreational activity, is safe and prudent, and is of limited duration.
(b) No parking permit shall be required under this section for a vehicle owned and operated by the United States, another state or political subdivision thereof, or by this state or by a city, county, district, or political subdivision thereof.
(c) The fee for the issuance of a parking permit under this chapter shall be determined by the department. The department shall hold at least one public hearing and notify the Legislature at least 30 days prior to any proposal to change the fees.
(d) A person who violates this section is guilty of an infraction punishable by a fine of seventy-five dollars ($75). Unless the peace officer issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle. If the parking of the vehicle is witnessed by the peace officer, the operator of the vehicle is in violation of this section.
(e) The department may negotiate reciprocity agreements with other states having similar programs if the agreements are in the best interests of the California SNO-PARK program.
(f) The department may contract with appropriate agencies for law enforcement, including, but not limited to, the Department of the California Highway Patrol, the county sheriffs, and the United States Department of Agriculture Forest Service. Enforcement activities may be funded with moneys appropriated from the Winter Recreation Fund.
(Amended by Stats. 2007, Ch. 541, Sec. 17. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.27 - California Sno-Park Permit Program › ARTICLE 4 - Permits › Section 5091.20.

5091.20. (a) The department shall print the permits required by this chapter and shall supervise the sale of the permits throughout the state.
(b) The department shall either distribute and sell the permits directly or contract with vendors according to rules and regulations adopted by the department. The authorized vendors shall be bonded in accordance with the rules and regulations and shall receive a stipulated commission for each permit sold.
(c) In situations where the department elects to contract with a vendor pursuant to subdivision (b), the department shall provide the permits to the vendor at no cost. The vendor may deduct his or her commission from the proceeds acquired from permit sales prior to remitting those proceeds to the department.
(Amended by Stats. 2002, Ch. 292, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.27 - California Sno-Park Permit Program › ARTICLE 5 - Revenues › Section 5091.25.

5091.25. (a) Proceeds from the sale of SNO-PARK parking permits shall be paid to the State Treasury to the credit of the Winter Recreation Fund, which is hereby created.
(b) The moneys in the Winter Recreation Fund shall be allocated, when appropriated, as follows:
(1) An amount equal to the actual and necessary costs incurred in the removal of snow from designated parking areas shall be paid to the Department of Transportation.
(2) The balance of the funds shall be expended for the acquisition, lease, development, and maintenance of additional designated parking areas, for sanitation facilities, trailhead markings, and other facilities designed to promote the safety and well-being of persons engaged in winter recreation, and for grants to counties for the actual and necessary costs incurred in the removal of snow from designated parking areas, and to inform and educate the public about the program.
(Amended by Stats. 2007, Ch. 541, Sec. 18. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.27 - California Sno-Park Permit Program › ARTICLE 5 - Revenues › Section 5091.26.

5091.26. Eminent domain shall not be exercised to acquire any interest in property for a designated parking area.
(Added by Stats. 1984, Ch. 1560, Sec. 2. Effective September 30, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.27 - California Sno-Park Permit Program › ARTICLE 5 - Revenues › Section 5091.27.

5091.27. The department may adopt rules and regulations necessary to implement and enforce this chapter.
(Added by Stats. 1984, Ch. 1560, Sec. 2. Effective September 30, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.3 - California Wilderness Preservation System › Section 5093.31.

5093.31. In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas on state-owned lands within California, leaving no areas designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the State of California to secure for present and future generations the benefits of an enduring resource of wilderness.
(Added by Stats. 1974, Ch. 1196.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.3 - California Wilderness Preservation System › Section 5093.32.

5093.32. As used in this chapter:
(a) “Minimum management requirements” means the minimum wilderness management actions that are necessary to administer a wilderness area for the purpose of this chapter.
(b) “Minimum tool” means the least intrusive tool, equipment, device, regulation, action, or practice that will achieve the minimum management requirements.
(c) “Roadless area” means a reasonably compact area of undeveloped land that possesses the general characteristics of a wilderness, as described in subdivision (c) of Section 5093.33, and within which there is no improved road that is suitable for public travel by motorized vehicles intended primarily for highway use.
(d) “Secretary” means the Secretary of the Resources Agency.
(e) “System” means the California wilderness preservation system.
(f) “Wilderness areas” means component areas of the system as described in Section 5093.33, 5093.34, or 5093.345.
(Amended by Stats. 2008, Ch. 689, Sec. 1. Effective January 1, 2009.)