2005 California Public Resources Code Sections 5090.15-5090.24 Commission

5090.15.  (a) There is in the department the Off-Highway Motor
Vehicle Recreation Commission, consisting of seven members, three of
whom shall be appointed by the Governor, 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 recreationist 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 any 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 shall be deemed to be a reference to,
and to mean, the Off-Highway Motor Vehicle Recreation Commission.
   (d) Based on the findings in the 2004 Off-Highway Vehicle Fuel Tax
Study, the division shall, not later than January 1, 2005, prepare
and submit to the Legislature a report that identifies the principal
reasons why people are using off-road trails and facilities, and an
estimate of the proportional amount of off-highway motor vehicle use
by jurisdiction, as a means of assisting in the determination of how
fuel tax and in lieu of property tax funds should be expended.
   (e) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute that
is enacted before January 1, 2008, deletes or extends the dates on
which it becomes inoperative and is repealed.
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.
5090.23.  The commission shall establish policies for the general
guidance of the director and the division regarding all aspects of
the system and the program.
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.
   (c) 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.
   (d) Review and comment annually to the director on the proposed
budget of expenditures from the fund.
   (e) Review and approve all minor and major capital outlay
expenditures proposed for the system.
   (f) Conduct one public meeting annually, prior to the start of
each grant program cycle, to collect public input concerning the
program, recommendations for program improvements, and specific
project needs for the system.
   (g) Prepare and submit a program report to the Governor, the
Assembly Water, Parks, and Wildlife Committee, the Senate Committee
on Natural Resources and Wildlife, and the Committee on
Appropriations of each house on or before July 1, 2005, and every two
years thereafter.  The report shall address the status of the
program and off-highway motor vehicle recreation, the results of the
strategic planning process completed pursuant to subdivision (n) of
Section 5090.32, the condition of natural and cultural resources of
areas and trails receiving state off-highway motor vehicle funds, the
resolution of conflicts of use in those areas and trails, the status
of, and the accomplishments of expenditures from, the Conservation
and Enforcement Services Account, a summary of resource monitoring
data compiled and restoration work concluded, and other relevant
program-related environmental issues that have arisen over the
preceding two calendar years.
   The program report shall be adopted by the commission after
discussing its contents during two or more public hearings.
   (h) The commission shall hold a public hearing in an area in close
proximity to any proposed substantial acquisition or development
project unless a hearing consistent with federal law or regulation is
held in close proximity to the proposed project.