Existing law authorizes the Department of Parks and Recreation to issue to a nonresident of this state a special permit to operate an off-highway motor vehicle. Existing law requires the fee for this special permit to be not less than $20, as established by the department.

This bill would require the department to issue a special permit to California residents to operate certain off-road motorcycles at sanctioned events, as defined. The bill would require the department to establish a fee for this permit, as specified.

Existing law authorizes the Department of Parks and Recreation to issue to a nonresident of this state a special permit to operate an off-highway motor vehicle. Existing law requires the fee for this special permit to be not less than $20, as established by the department.

This bill would require the department to issue a special permit to California residents to operate certain off-road motorcycles at sanctioned events, as defined. The bill would require the department to establish a fee for this permit, as specified.

Existing law authorizes the Department of Parks and Recreation to issue to a nonresident of this state a special permit to operate an off-highway motor vehicle. Existing law requires the fee for this special permit to be not less than $20, as established by the department.

This bill would require the department to issue a special permit to California residents to operate certain off-road motorcycles at sanctioned events, as defined. The bill would require the department to establish a fee for this permit, as specified.

Existing law authorizes the Department of Parks and Recreation to issue to a nonresident of this state a special permit to operate an off-highway motor vehicle. Existing law requires the fee for this special permit to be not less than $20, as established by the department.

This bill would require the department to issue a special permit to California residents to operate certain off-road motorcycles at sanctioned events, as defined. The bill would require the department to establish a fee for this permit, as specified.

Existing law authorizes the Department of Parks and Recreation to issue to a nonresident of this state a special permit to operate an off-highway motor vehicle. Existing law requires the fee for this special permit to be not less than $20, as established by the department.

This bill would require the department to issue a special permit to California residents to operate certain off-road motorcycles at sanctioned events, as defined. The bill would require the department to establish a fee for this permit, as specified.

 UNFINISHED BUSINESS  

Bill No: SB 708

Author: Jones (R)

Amended: 5/29/24

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 10-0, 3/28/23

AYES: Min, Seyarto, Allen, Becker, Eggman, Grove, Hurtado, Laird, Limón, Padilla

NO VOTE RECORDED: Dahle

SENATE TRANSPORTATION COMMITTEE: 16-0, 4/25/23

AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 39-0, 5/11/23 (Consent)

AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Grove

ASSEMBLY FLOOR: 59-0, 8/22/24 - See last page for vote

SUBJECT: Vehicles: off-highway motor vehicles: off-highway motorcycles: sanctioned event permit

SOURCE: Author

DIGEST:

This bill creates, beginning January 1, 2026, a “sanctioned event permit” that allows a California resident, upon payment of a fee, to operate certain off-road motorcycles at sanctioned events.

Assembly amendments specify that the fee is to recover State Parks’ costs to administer the permit program, not to fund an OHV grant program.

ANALYSIS:

Existing federal law:

1. Allows the use of off-highway vehicles (OHVs) that are not compliant with emissions regulations solely for competition.
2. Requires that OHVs must have a Forest Service approved spark arrestor, properly installed and maintained.

Existing state law:

1. Establishes the Department of Parks and Recreation (State Parks) to administer and manage the state park system, including state vehicular recreation areas, which provide off-highway vehicle (OHV) recreation opportunities.
2. Establishes the Department of Motor Vehicles (DMV) to, among other purposes, regulate the use of motor vehicles, register vehicles, and license drivers.
3. Defines, generally, “off-highway motor vehicle” to include motorcycles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, jeeps, and recreational OHVs.
4. Requires motor vehicles that are unregistered because they are used exclusively off-road to be issued and display an identification plate obtained from DMV, with certain exceptions, including certain OHVs used in competitive events upon closed courses.
5. Requires DMV, upon identifying an OHV subject to the identification described above, to issue to the owner a suitable identification plate that is capable of being attached to the vehicle, as specified.
6. Requires certain fees associated with OHVs to be deposited in the OHV Trust Fund, and requires moneys in the fund to be allocated for specified purposes related to off-highway recreation.
7. Prohibits any person from using any internal combustion engine on any forest-covered, brush-covered, or grass-covered land unless the engine is equipped with a spark arrestor. An exception is made for motor vehicles operating in an organized competition if the event is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction.
8. Establish a green sticker program whereby OHVs that meet air emissions standards can operate year round on public lands.
9. Establish a red sticker program whereby OHVs of model year 2021 or earlier that do not meet air emissions standards can only operate during the riding season, as determined by California Air Resources Board (ARB), on public lands.
10. Provide that DMV shall issue, for a fee, the green and red stickers to distinguish between the two OHV types.
11. Require OHVs, for model years 2022 or later to ride on public lands, to either meet ARB’s air emissions standards or only be used in sanctioned, competition events on a closed course. Provide that no new red stickers will be issued for model years 2022 or later. However, beginning in 2025, pre-2022 model year red sticker OHVs may operate year round, rather than be limited to the riding season.

This bill creates, beginning January 1, 2026, a “sanctioned event permit” that allows a California resident, upon payment of a fee, to operate certain off-road motorcycles at sanctioned events. The permit will be valid for the calendar year issued for OHV recreational special events approved by any agency, as specified. Specifically, this bill:

1. Requires State Parks, upon payment of a fee, to issue an annual special permit, to be known as the “sanctioned event permit,” to California residents to operate an off-road motorcycle at a sanctioned event.
   1. Require State Parks to make this permit available for online purchase beginning January 1, 2026.
   2. Limit eligibility for this permit to both of the following:
      1. California residents; and,
      2. Model year 2022 and newer off-road motorcycles that are not eligible for the “Green Sticker” or “Red Sticker” identification.
   3. Provide that a sanctioned event permit shall expire on December 31 of the year that the permit is issued.
   4. Provide that a sanctioned event permit is nonrefundable, nonreplaceable, and void if removed from an off-road motorcycle.
   5. Require the sanctioned event permit to be displayed on the left side of an off-road motorcycle and visible for inspection at sanctioned events.
2. Defines “sanctioned event” to mean an event approved by an agency within its guidelines for OHV competition or racing events.
3. Requires State Parks to set the fee amount for a sanctioned event permit to recover the operating and administrative costs of this program. State Parks may adjust the fee amount. Requires State Parks to deposit revenues received from this fee into the Off-Highway Vehicle Trust Fund.

Background

In 1994, ARB adopted the first regulation to control emissions from OHVs. ARB subsequently adopted the red sticker program after industry noted concerns over a lack of compliant models. Under this program, vehicles that do not meet emissions standards must have a “3” or “C” in the eighth digit of the VIN and may be used for recreational purposes on public lands in accordance with the red sticker schedule if they have a red sticker. The red sticker schedule limits use to certain times of year to support compliance with federal ozone standards.

ARB adopted the red sticker program in 1998 as a temporary measure to provide industry time to develop compliant models while not disrupting vehicle availability and sales. ARB anticipated that as green sticker models came onto the market, consumers would prefer these models since they have no use restrictions. While this largely occurred with ATVs, demand for red sticker motorcycles remained high, accounting for over 50 percent of sales between 2012 and 2015.

Ultimately, the red sticker program’s riding restrictions were ineffective at changing consumer behavior and these OHVs disproportionately accounted for OHV emissions. In response, ARB updated its regulations to sunset the red sticker program for model years 2022 and later, but included provisions to continue to allow the recreational use of older models on public lands. OHVs that do not meet ARB’s standards may only be used on public lands for competition and competition-associated practice events on a closed course. The new regulations also bring California’s rules into alignment with federal OHV rules adopted in 2006.

Comments

Need for the bill. According to State Parks, the federal government looks to California’s sticker programs to identify competition OHVs on federal lands in California during federally sanctioned events. With the sunset of the red sticker program, federal land managers have inconsistently allowed the use of off-road motorcycles without a sticker. State Parks notes a replacement sticker program could more consistently allow the use of off-road motorcycles on federal lands during sanctioned events.

Seems familiar. This bill is similar to other bills from prior years by the same author, including SB 894 (Jones, 2022), SB 227 (Jones, 2021), and SB 1024 (Jones, 2020). Those bills would have established a process for DMV to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. Only SB 894 passed the Legislature. The Governor ultimately vetoed SB 894, stating:

I recognize the economic benefits OHV competitions bring to rural communities, but I am concerned about the fiscal impact to implement the bill. It is anticipated that there will be fewer than 2,000 annual applications under this program. DMV's implementation costs are anticipated to be significant, and the Off Highway Vehicle Trust Fund is required to reimburse the DMV for those up-front costs. Given the small number of vehicles and the fees set forth in the bill, it may take a decade or more for the OHV Trust Fund to recoup those costs - if at all.

This bill differs from the other bills in that it does not require DMV to register and identify competition OHVs (i.e. OHVs which do not comply with ARB’s air emission regulations that are used for competition only). Instead, this bill requires State Parks, beginning January 1, 2026, to offer sanctioned event permits online for a fee (set by State Parks). The permit would be valid for the calendar year in which the permit was issued and would only be available to off-road motorcycles of model year 2022 or later that are not eligible for ARB’s green or red sticker programs.

Spark arrestor. Prior bills on this subject also required the use of a spark arrestor and muffler. This bill does not require either. At least with regard to the spark arrestor, federal and state law already require such a device, as noted in the “Existing Law” section.

Sanctioned event. Under this bill, off-road motorcycles could only be used on public lands at a sanctioned event, defined as an event approved by an agency within its guidelines for OHV competition or racing events. This could include sanctioned events hosted by federal, state, or local agencies, or tribes. State agencies that offer OHV competition events include State Parks and some state fairs. The Bureau of Land Management and the U.S. Forest Service offer events on federal lands. Local agencies that offer events include counties and some cities. It is unclear if Native American tribes in California offer OHV opportunities.

Cost recovery for State Parks. This bill requires State Parks to set a fee to recover the operating and administrative costs of a sanctioned event permit. State Parks may adjust the fee over time.

Related/Prior Legislation

SB 894 (Jones, 2022) would have established a process to register and identify certain off-highway vehicles that do not comply with air emission regulations for use solely for competition off public highways. The bill was vetoed by the Governor.

SB 227 (Jones, 2021) would have established a process to register and identify certain off-highway vehicles that do not comply with air emission regulations for use solely for competition off public highways. The bill was held on the suspense file in the Assembly Appropriations Committee.

SB 1024 (Jones, 2020) would have established a new registration program for off-highway motorcycles and vehicles used in competition. The bill was placed on the inactive file in the Senate after returning from the Assembly.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, State Parks reports no General Fund impact, with the bill authorizing State Parks to establish a fee for the “sanctioned event” permit to recover its operating and administrative costs. State Parks reports this will be through the Motor Vehicle Trust Fund, with unknown costs depending how many permits are issued, but estimated at $50,000 annually ongoing, which includes startup costs to establish the fee.

SUPPORT: (Verified 8/22/24)

3 Brothers Racing
40+ Vintage Motorcycle Club
40 Plus Vintage Group Hollister

Abate of California
Airflow Heating
American Motorcyclist Association
American Motorcyclist Association, District 36
ARCH Motorcycle Company
Bay Area Riders Forum
California Custom Trailers & Powersports
California Wilderness Coalition
Calmoto European Motorcycles
Chaparral Motorsports
CJC Club
California Motorcycle Dealers Association
Coalition for Public Access
Del Amo Motorsports Group
Del Amo Motorsports of South Bay
Dunlop Motorcycle Tires
East Bay Motorsports
FMF Racing
Fox Racing
GP Motorcycles
Hardline Products INC.
HYR Motorsports
Indian Motorcycle of Redlands
K&B Motorsports of Petaluma
Kiska INC.
KTM North America
Malcom Smith Motorsports
Monterey Power Sports
Motion Pro
Motorcycle Industry Council
Northstate Powersports
OC Motorcycle
Off Road Vehicle Legislative Coalition
Pierer Mobility Group
Quiet Warrior Racing LLC
San Diego Off-Road Coalition
Santa Barbara Motorsports
Sierra Motor Sports
Siskiyou County Off-Road Riders
Spirit Motorcycles San Jose
Temecula Motorsports
THOR Motocross
Timekeepers Motorcycle Club
Tracy Motorsports INC.
Tri-valley Moto
Tuleyome
Western Propane Services, INC.
Yoshimura R&D of America

OPPOSITION: (Verified 8/22/24)

None received

ARGUMENTS IN SUPPORT: According to the author, “Starting in 2026, [this bill] creates a new online sanctioned event permit program for model year 2022 and newer competition motorcycles so that land agency staff and law enforcement will be able to easily identify them when operated at sanctioned events held on public lands. The identification decal will be displayed on competition motorcycles. Permit fees from [this bill] will also restore monies historically slated for important conservation and law enforcement efforts that were lost with the termination of the Red Sticker program. [This bill] will allow competition riders to continue their sport in a safe, responsible, and fiscally-wise manner. It also allows land managers to have a way to distinguish types of vehicles."

ASSEMBLY FLOOR: 59-0, 8/22/24

AYES: Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Friedman, Gallagher, Gipson, Grayson, Hart, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, Mathis, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Addis, Aguiar-Curry, Bauer-Kahan, Bonta, Calderon, Cervantes, Mike Fong, Gabriel, Garcia, Haney, Holden, Irwin, Low, McCarty, McKinnor, Ortega, Petrie-Norris, Weber, Wicks, Wilson

Prepared by: Catherine Baxter / N.R. & W. / (916) 651-4116

8/22/24 16:10:50

**** END ****

SENATE THIRD READING

STR Bill Id:SB 708

Author:(Jones)

As Amended Ver:May 29, 2024

Majority vote

SUMMARY

Requires the Department of Parks and Recreation (State Parks), starting January 1, 2026, to issue an annual special permit that allows a California resident, upon payment of a fee, to operate off-road motorcycles that do not meet emissions standards at "sanctioned events."

Major Provisions

1. Requires State Parks to make the permit available for sale online beginning January 1, 2026.
2. Defines "sanctioned event" as an event approved by an agency within its guidelines for off-highway vehicle (OHV) competition or racing events.
3. Specifies that a sanctioned event permit expires on December 31 of the year issued, is only available to California residents, and is for model year 2022 and newer off-road motorcycles that are not eligible for the "Green Sticker" or "Red Sticker" off-highway vehicle identification.
4. Requires a sanctioned event permit to be displayed on the left side of an off-road motorcycle and be visible for inspection and makes the permit nonrefundable, nonreplaceable, and void if removed from an off-road motorcycle.
5. Requires State Parks to establish a fee to recover costs of issuing the permit.

COMMENTS

In 1994, the California Air Resources Board (CARB) adopted the first regulation to control emissions from OHVs. CARB subsequently adopted the Red Sticker Program in 1998 after industry noted concerns over a lack of compliant models. The Red Sticker Program was intended as a temporary measure to provide industry time to develop emission compliant models while not disrupting vehicle availability and sales. Under this program, vehicles that do not meet emissions standards must have a "3" or "C" in the eighth digit of the vehicle identification number and may be used for recreational purposes on public lands in accordance with the Red Sticker schedule if they have a red sticker. The Red Sticker schedule limits use to certain times of year to support compliance with federal ozone standards.

CARB anticipated that as emission compliant (Green Sticker) models came onto the market, consumers would prefer these models since they have no use restrictions. While this largely occurred with all-terrain vehicles (ATVs), demand for Red Sticker motorcycles remained high, accounting for over 50% of sales between 2012 and 2015.

Ultimately, the Red Sticker Program's riding restrictions were ineffective at changing consumer behavior and these OHVs disproportionately accounted for OHV emissions. In response, CARB updated its regulations to sunset the Red Sticker Program for model years 2022 and later, but included provisions to continue to allow the recreational use of older models on public lands. OHVs that do not meet CARB's standards may only be used on public lands for competition and competition-associated practice events on a closed course. The new regulations also bring California's rules into alignment with federal OHV rules adopted in 2006.

Previous bills that were similar to this bill would have established a process for the Department of Motor Vehicles to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. This bill would require State Parks, beginning January 1, 2026, to offer sanctioned event permits online for a fee (set by State Parks). The permit would be valid for the calendar year in which the permit was issued and would only be available to off-road motorcycles of model year 2022 or later that are not eligible for CARB's Green or Red Sticker Programs.

According to the Author

"Starting in 2026, [this bill] creates a new online sanctioned event permit program for model year 2022 and newer competition motorcycles so that land agency staff and law enforcement will be able to easily identify them when operated at sanctioned events held on public lands. The identification decal will be displayed on competition motorcycles. Permit fees from [this bill] will also restore monies historically slated for important conservation and law enforcement efforts that were lost with the termination of the Red Sticker program. [This bill] will allow competition riders to continue their sport in a safe, responsible, and fiscally-wise manner. It also allows land managers to have a way to distinguish types of vehicles."

Arguments in Support

Supporters write that "California's powersports community and industry, which had a retail marketplace valued at $4.4 billion in 2023" is under threat and that "California should prioritize outdoor recreation in all forms, including competitive off-road motorcycle riding." Supporters believe this bill provides a compromise for Red Sticker motorcycles to compete in sanctioned events while avoiding the cost impacts of previous legislation that was ultimately vetoed by the Governor.

Arguments in Opposition

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "State Parks reports no General Fund impact, with the bill authorizing State Parks to establish a fee for the "sanctioned event" permit to recover its operating and administrative costs. State Parks reports this will be through the Motor Vehicle Trust Fund, with unknown costs depending how many permits are issued, but estimated at $50,000 annually ongoing, which includes startup costs to establish the fee."

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Grove

ASM WATER, PARKS, AND WILDLIFE: 12-0-3

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Gallagher, Davies, Hart, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Garcia, Luz Rivas

ASM TRANSPORTATION: 15-0-0

YES: Wilson, Davies, Aguiar-Curry, Berman, Juan Carrillo, Hart, Hoover, Jackson, Lowenthal, Papan, Sanchez, Ting, Wallis, Ward, Wicks

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta

ABS, ABST OR NV: Villapudua

UPDATED

VERSION: May 29, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0003785

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 708

Author:(Jones) – As Amended Ver:May 29, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Parks and Recreation (State Parks), starting January 1, 2026, to issue an annual special permit that allows a California resident, upon payment of a fee, to operate off-road motorcycles that do not meet emissions standards at competitions on public lands that qualify as “sanctioned events.”

Specifically, this bill:

1. Requires State Parks to make the permit available for sale online beginning January 1, 2026.
2. Defines “sanctioned event” as an event approved by an agency within its guidelines for off-highway vehicle (OHV) competition or racing events.
3. Specifies that a sanctioned event permit expires on December 31 of the year issued, is only available to California residents, and is for model year 2022 and newer off-road motorcycles that are not eligible for the “Green Sticker” or “Red Sticker” off-highway vehicle identification.
4. Requires a sanctioned event permit to be displayed on the left side of an off-road motorcycle and be visible for inspection and makes the permit nonrefundable, nonreplaceable, and void if removed from an off-road motorcycle.
5. Requires State Parks to establish a fee to recover costs of issuing the permit.

FISCAL EFFECT:

State Parks reports no General Fund impact, with the bill authorizing State Parks to establish a fee for the “sanctioned event” permit to recover its operating and administrative costs. State Parks reports this will be through the Motor Vehicle Trust Fund, with unknown costs depending how many permits are issued, but estimated at $50,000 annually ongoing, which includes startup costs to establish the fee.

COMMENTS:

1. Purpose. According to the author:

Starting in 2026, SB 708 creates a new online sanctioned event permit program for model year 2022 and newer competition motorcycles so that land agency staff and law enforcement will be able to easily identify them when operated at sanctioned events held on public lands. The identification decal will be displayed on competition motorcycles. Permit fees from SB 708 will also restore monies historically slated for important conservation and law enforcement efforts that were lost with the termination of the Red Sticker program. SB 708 will allow Competition riders to continue their sport in a safe, responsible, and fiscally-wise manner. It also allows land managers to have a way to distinguish types of vehicles.

1. Background. In 1994, the Air Resources Board (ARB) adopted the first regulation to control emissions from OHVs. ARB subsequently adopted the Red Sticker Program in 1998 after industry noted a lack of compliant models. The Red Sticker Program was intended to be temporary to provide industry time to develop emission compliant models while not disrupting vehicle availability and sales. Under this program, vehicles that do not meet emissions standards must have a “3” or “C” in the eighth digit of the VIN and may be used for recreational purposes on public lands in accordance with the Red Sticker schedule if they have a red sticker. The Red Sticker schedule limits use to certain times of year to support compliance with federal ozone standards.
   
   ARB anticipated that as emission compliant (Green Sticker) models came onto the market, consumers would prefer these models since they have no use restrictions. While this largely occurred with ATVs, demand for Red Sticker motorcycles remained high, accounting for over 50% of sales between 2012 and 2015. Ultimately, the Red Sticker Program’s riding restrictions were ineffective at changing consumer behavior and these OHVs disproportionately accounted for OHV emissions. In response, ARB updated its regulations to sunset the Red Sticker Program for model years 2022 and later, but included provisions to continue to allow the recreational use of older models on public lands. OHVs that do not meet ARB’s standards may only be used on public lands for certain competitions and practice events on a closed course.
   
   This bill takes a different approach from previous bills that were never enacted by requiring State Parks to offer sanctioned event permits online for a fee, allowing use of specified off-road motorcycles only at sanctioned events on public lands, including events hosted by federal, state, or local agencies, or tribes.
2. Previous Legislation. SB 894 (Jones), of the 2021-2022 Legislative Session, would have established a process to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. SB 894 was vetoed by the Governor.
   
   SB 227 (Jones), of the 2021-22 Legislative Session, was nearly identical to AB 894 and was held on the suspense file in the Assembly Appropriations Committee.
   
   SB 1024 (Jones), of the 2019-2020 Legislative Session, would have established a new registration program for OHVs used in competition. SB 1024 was placed on the inactive file in the Senate.

Analysis Prepared by: Jacqueline Kinney / APPR. / (916) 319-2081

Date of Hearing: July 1, 2024

ASSEMBLY COMMITTEE ON TRANSPORTATION

Lori D. Wilson, Chair

SBPCA Bill Id:SB 708

Author:(Jones) – As Amended Ver:May 29, 2024

SENATE VOTE: 39-0

SUBJECT: Vehicles: off-highway motor vehicles: off-highway motorcycles: sanctioned event permit

SUMMARY: Requires the Department of Parks and Recreation (Parks) to issue a permit that allows a California resident, upon payment of a fee, to operate off-road motorcycles that do not meet emissions standards at competitions on public lands (i.e.,“sanctioned events”). Specifically, this bill:

1. Requires Parks to issue an annual special permit known as the “sanctioned event permit” to operate certain off-road motorcycles at sanctioned events.
2. Requires the permit be available for online purchase beginning January 1, 2026.
3. Defines “sanctioned event” as an event approved by an agency within its guidelines for off-highway vehicle (OHV) competition or racing events.
4. Specifies that a sanctioned event permit shall expire on December 31^st of the year that the permit is issued, is only available to California residents, and is for model year 2022 and newer off-road motorcycles that are not eligible for the “Green Sticker” or “Red Sticker” off-highway vehicle identification.
5. Requires a sanctioned event permit to be displayed on the left side of an off-road motorcycle and be visible for inspection at sanctioned events.
6. Specifies that a sanctioned event permit is nonrefundable, nonreplaceable, and void if removed from an off-road motorcycle.
7. Requires Parks to establish a fee to recover the operation and administrative costs of issuing the permit.

EXISTING LAW:

1. Establishes Parks to administer and manage the state park system, including state vehicular recreation areas, which provide OHV recreation opportunities. (Public Resources Code (PRC) 501 and 5001)
2. Establishes the Department of Motor Vehicles (DMV) to, among other purposes, regulate the use of motor vehicles, register vehicles, and license drivers. (Vehicle Code (VEH) 1500)
3. Defines “off-highway motor vehicle” to generally include motorcycles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles (ATVs), jeeps, and recreational OHVs. (VEH 38012)
4. Requires motor vehicles that are unregistered because they are used exclusively off-road to be issued and to display an identification plate obtained from DMV, with certain exceptions, including certain OHVs used in competitive events upon closed courses. (VEH 38010)
5. Requires DMV, upon identifying an OHV subject to the identification described above, to issue to the owner a suitable identification plate that is capable of being attached to the vehicle, as specified. (VEH 38160)
6. Requires certain fees associated with OHVs to be deposited in the OHV Trust Fund, and requires moneys in the fund to be allocated for specified purposes related to off-highway recreation. (VEH 38225)
7. Authorizes Parks to issue to a nonresident of this state a special permit to operate an off-highway motor vehicle. Requires the fee for this special permit to be not less than $20, as established by State Parks. (VEH 38087.5, 38231.5)
8. Establishes a Green Sticker Program, with stickers issued by DMV, whereby OHVs that meet air emissions standards can operate year round on public lands. [Title 13 California Code of Regulations Section (CCR) 2412 (b)]
9. Establishes a Red Sticker Program, with stickers issued by DMV, whereby OHVs of model year 2021 or earlier that do not meet air emissions standards can only operate during the riding season, as determined by the California Air Resources Board (CARB), on public lands. [Title 13 CCR 2412 (f), 2415]
10. Specifies that, beginning in 2025, pre-2022 model year Red Sticker OHVs may operate year round, rather than be limited to the riding season. [Title 13 CCR 2412 (f)]

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will have negligible state costs pursuant to Senate Rule 28.8.

COMMENTS: In 1994, CARB adopted the first regulation to control emissions from OHVs. CARB subsequently adopted the Red Sticker Program in 1998 after industry noted concerns over a lack of compliant models. The Red Sticker Program was intended as a temporary measure to provide industry time to develop emission compliant models while not disrupting vehicle availability and sales. Under this program, vehicles that do not meet emissions standards must have a “3” or “C” in the eighth digit of the VIN and may be used for recreational purposes on public lands in accordance with the Red Sticker schedule if they have a red sticker. The Red Sticker schedule limits use to certain times of year to support compliance with federal ozone standards.

CARB anticipated that as emission compliant (Green Sticker) models came onto the market, consumers would prefer these models since they have no use restrictions. While this largely occurred with ATVs, demand for Red Sticker motorcycles remained high, accounting for over 50% of sales between 2012 and 2015.

Ultimately, the Red Sticker Program’s riding restrictions were ineffective at changing consumer behavior and these OHVs disproportionately accounted for OHV emissions. In response, CARB updated its regulations to sunset the Red Sticker Program for model years 2022 and later, but included provisions to continue to allow the recreational use of older models on public lands. OHVs that do not meet CARB’s standards may only be used on public lands for competition and competition-associated practice events on a closed course. The new regulations also bring California’s rules into alignment with federal OHV rules adopted in 2006.

Previous bills that were similar to this bill would have established a process for DMV to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. This bill would require Parks, beginning January 1, 2026, to offer sanctioned event permits online for a fee (set by Parks). The permit would be valid for the calendar year in which the permit was issued and would only be available to off-road motorcycles of model year 2022 or later that are not eligible for CARB’s Green or Red Sticker Programs.

These off-road motorcycles could only be used on public lands at a sanctioned event, defined as an event approved by an agency within its guidelines for OHV competition or racing events. This could include sanctioned events hosted by federal, state, or local agencies, or tribes. State agencies that offer OHV competition or racing events include Parks and some state fairs. The Bureau of Land Management and the U.S. Forest Service offer events on federal lands. Local agencies that offer events include counties and some cities. It is unclear if Native American tribes in California offer OHV opportunities.

According to Parks, the federal government looks to California’s Sticker Programs to identify competition OHVs on federal lands in California during federally sanctioned events. With the sunset of the Red Sticker Program, federal land managers have inconsistently allowed the use of off-road motorcycles without a sticker. Parks notes a replacement Sticker Program could more consistently allow the use of off-road motorcycles on federal lands during sanctioned events.

According to the author, “Starting in 2026, SB 708 creates a new online sanctioned event permit program for model year 2022 and newer competition motorcycles so that land agency staff and law enforcement will be able to easily identify them when operated at sanctioned events held on public lands. The identification decal will be displayed on competition motorcycles. Permit fees from SB 708 will also restore monies historically slated for important conservation and law enforcement efforts that were lost with the termination of the Red Sticker program. SB 708 will allow Competition riders to continue their sport in a safe, responsible, and fiscally-wise manner. It also allows land managers to have a way to distinguish types of vehicles.”

In support, Fox Racing writes, “California should prioritize outdoor recreation in all forms, including competition OFMC riding. According to the Bureau of Economic Analysis’ 2021 ORSA Report, outdoor recreation as a whole contributed $44,498,223,000 to California’s economy. Last year, related legislation (SB 894) which would have established a new registration program for competition vehicles in the Department of Motor Vehicles (DMV) passed the legislature nearly unanimously. While acknowledging the economic benefits that OHV competitions bring to the state, Governor Newsom ultimately vetoed the bill over fiscal impact concerns within the DMV. We believe the permit program under SB 708 which establishes a special permit within the Department of Parks and Recreation provides a compromise solution that should alleviate the Governor’s concerns and allow for competition OFMC to continue to operate at sanctioned events.”

Previous legislation. SB 894 (Jones) of 2022 would have established a process to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. SB 894 was vetoed by the Governor.

SB 227 (Jones) of 2021 would have established a process to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. SB 227 was held on the suspense file in the Assembly Appropriations Committee.

SB 1024 (Jones) of 2020 would have established a new registration program for OHVs used in competition. SB 1024 was placed on the inactive file in the Senate after returning from the Assembly.

Double referral. This bill was heard in the Assembly Committee on Water, Parks, and Wildlife and passed 12-0.

REGISTERED SUPPORT / OPPOSITION:

Support

3 Brothers Racing
40+ Vintage Motorcycle Club
Abate of California - Motorcyclists Rights & Safety Organization
Airflow Heating
American Motorcyclist Association
American Motorcyclist Association District 36
ARCH Motorcycle Company
Bay Area Riders Forum

California Motorcycle Dealers Association
California Wilderness Coalition (CALWILD)
Calmoto European Motorcycle
Chaparral Motorsports
CJC Club
County of Monterey
Del Amo Motorsports
Del Amo Motorsports of South Bay
District 36 Motorcycle Sports Committee
Dunlop Motorcycle Tires
East Bay Motorsports
FMF Racing
Fox Racing
GP Motorcycles
Hardline Products
HYR Motorsports
Indian Motorcycle of Redlands
K and B Motorsports of Petaluma
KISKA
KTM North America
Malcom Smith Motorcycles
Monterey Peninsula Powersports
Motion Pro
Motorcycle Industry Council
Northstate Powersports
OC Motorcycle
Off Road Vehicle Legislative Coalition
Pierer Mobility North America
Quiet Warrior Racing
San Diego Off-Road Coalition
Santa Barabra Motorsports
Sierra Motor Sports
Siskiyou County Off-Road Riders
Spirit Motorcycles San Jose
Temecula Powersports
Thorsport Racing
Timekeepers Motorcycle Club
Tracy Motorsports
Tri-Valley Moto
Tuleyome
Vintage Plus Vintage Group
Western Propane Services
Yoshimura

One Individual

Opposition

None on file

Analysis Prepared by: Julia Kingsley / TRANS. / (916) 319-2093

Date of Hearing: June 11, 2024

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Diane Papan, Chair

SBPCA Bill Id:SB 708

Author:(Jones) – As Amended Ver:May 29, 2024

SENATE VOTE: 39-0

SUBJECT: Vehicles: off-highway motor vehicles: off-highway motorcycles: sanctioned event permit

SUMMARY: Requires the Department of Parks and Recreation (State Parks) to issue a sanctioned event permit that allows a California resident, upon payment of a fee, to operate off-road motorcycles that do not meet emissions standards at competitions on public lands (i.e., “sanctioned events”). Specifically, this bill:

1. Requires State Parks to issue an annual special permit known as the “sanctioned event permit” to operate certain off-road motorcycles at sanctioned events.
2. Requires the permit be available for online purchase beginning January 1, 2026.
3. Defines “sanctioned event” as an event approved by an agency within its guidelines for off-highway vehicle competition or racing events.
4. Specifies that a sanctioned event permit shall expire on December 31^st of the year that the permit is issued, is only available to California residents, and is for model year 2022 and newer off-road motorcycles that are not eligible for the “Green Sticker” or “Red Sticker” off-highway vehicle identification.
5. Requires a sanctioned event permit to be displayed on the left side of an off-road motorcycle and be visible for inspection at sanctioned events.
6. Specifies that a sanctioned event permit is nonrefundable, nonreplaceable, and void if removed from an off-road motorcycle.
7. Requires State Parks to establish a fee for this permit to recover the operation and administrative costs of issuing the permit.

EXISTING LAW:

1. Establishes State Parks to administer and manage the state park system, including state vehicular recreation areas, which provide off-highway vehicle (OHV) recreation opportunities (Public Resources Code § 501, § 5001 et seq.).
2. Establishes the Department of Motor Vehicles (DMV) to, among other purposes, regulate the use of motor vehicles, register vehicles, and license drivers (Vehicle Code § 1500 et seq.).
3. Defines “off-highway motor vehicle” to generally include motorcycles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles (ATVs), jeeps, and recreational OHVs (Vehicle Code § 38012).
4. Requires motor vehicles that are unregistered because they are used exclusively off-road to be issued and to display an identification plate obtained from DMV, with certain exceptions, including certain OHVs used in competitive events upon closed courses (Vehicle Code § 38010).
5. Requires DMV, upon identifying an OHV subject to the identification described above, to issue to the owner a suitable identification plate that is capable of being attached to the vehicle, as specified (Vehicle Code § 38160).
6. Requires certain fees associated with OHVs to be deposited in the OHV Trust Fund, and requires moneys in the fund to be allocated for specified purposes related to off-highway recreation (Vehicle Code § 38225 et seq.).
7. Authorizes State Parks to issue to a nonresident of this state a special permit to operate an off-highway motor vehicle. Requires the fee for this special permit to be not less than $20, as established by State Parks (Vehicle Code § 38087.5, § 38231.5).
8. Establishes a Green Sticker Program, with stickers issued by DMV, whereby OHVs that meet air emissions standards can operate year round on public lands [Title 13 California Code of Regulations (CCR) § 2412 (b)].
9. Establishes a Red Sticker Program, with stickers issued by DMV, whereby OHVs of model year 2021 or earlier that do not meet air emissions standards can only operate during the riding season, as determined by the California Air Resources Board (CARB), on public lands [Title 13 CCR § 2412 (f), § 2415].
10. Specifies that, beginning in 2025, pre-2022 model year Red Sticker OHVs may operate year round, rather than be limited to the riding season [Title 13 CCR § 2412 (f)].

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. This bill will allow emission noncompliant competition motorcycles that are model year 2022 and newer to receive a permit from State Parks. According to the author, “[This bill] will create a new online sanctioned event permit program for model year 2022 and newer competition motorcycles to replace the Red Sticker registration program that ended [for vehicles newer than] 2021 by providing an identification decal that is to be displayed on competition motorcycles when operated at sanctioned events on public lands.”
2. Background. In 1994, CARB adopted the first regulation to control emissions from OHVs. CARB subsequently adopted the Red Sticker Program in 1998 after industry noted concerns over a lack of compliant models. The Red Sticker Program was intended as a temporary measure to provide industry time to develop emission compliant models while not disrupting vehicle availability and sales. Under this program, vehicles that do not meet emissions standards must have a “3” or “C” in the eighth digit of the VIN and may be used for recreational purposes on public lands in accordance with the Red Sticker schedule if they have a red sticker. The Red Sticker schedule limits use to certain times of year to support compliance with federal ozone standards.
   
   CARB anticipated that as emission compliant (Green Sticker) models came onto the market, consumers would prefer these models since they have no use restrictions. While this largely occurred with ATVs, demand for Red Sticker motorcycles remained high, accounting for over 50% of sales between 2012 and 2015.
   
   Ultimately, the Red Sticker Program’s riding restrictions were ineffective at changing consumer behavior and these OHVs disproportionately accounted for OHV emissions. In response, CARB updated its regulations to sunset the Red Sticker Program for model years 2022 and later, but included provisions to continue to allow the recreational use of older models on public lands. OHVs that do not meet CARB’s standards may only be used on public lands for competition and competition-associated practice events on a closed course. The new regulations also bring California’s rules into alignment with federal OHV rules adopted in 2006.
   
   Previous bills that were similar to this bill would have established a process for DMV to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. This bill would require State Parks, beginning January 1, 2026, to offer sanctioned event permits online for a fee (set by State Parks). The permit would be valid for the calendar year in which the permit was issued and would only be available to off-road motorcycles of model year 2022 or later that are not eligible for CARB’s Green or Red Sticker Programs.
   
   These off-road motorcycles could only be used on public lands at a sanctioned event, defined as an event approved by an agency within its guidelines for OHV competition or racing events. This could include sanctioned events hosted by federal, state, or local agencies, or tribes. State agencies that offer OHV competition or racing events include State Parks and some state fairs. The Bureau of Land Management and the U.S. Forest Service offer events on federal lands. Local agencies that offer events include counties and some cities. It is unclear if Native American tribes in California offer OHV opportunities.
   
   According to State Parks, the federal government looks to California’s Sticker Programs to identify competition OHVs on federal lands in California during federally sanctioned events. With the sunset of the Red Sticker Program, federal land managers have inconsistently allowed the use of off-road motorcycles without a sticker. State Parks notes a replacement Sticker Program could more consistently allow the use of off-road motorcycles on federal lands during sanctioned events.
3. Dual referral. This bill is also referred to the Assembly Transportation Committee.
4. Arguments in support. Several off-road organizations and industry associations write in support, stating that this new permit program for the newer competition motorcycles is needed because CARB ended the Red Sticker Program in 2021 with no subsequent identification process in place for the 2022 and newer model year competition motorcycles. Supporters maintain that the lack of a vehicle permit has caused chaos and confusion with numerous state and federal land management agencies when trying to identify those vehicles at sanctioned competition events held on public lands.
   
5. Related legislation. SB 894 (Jones) of 2022 would have established a process to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. SB 894 was vetoed by the Governor.
   
   SB 227 (Jones) of 2021 would have established a process to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. SB 227 was held on the suspense file in the Assembly Appropriations Committee.
   
   SB 1024 (Jones) of 2020 would have established a new registration program for OHVs used in competition. SB 1024 was placed on the inactive file in the Senate after returning from the Assembly.

REGISTERED SUPPORT / OPPOSITION:

Support

Coalition for Public Access (Sponsor)
3 Brothers Racing
Abate of California
American Motorcyclist Association
Bay Area Riders Forum
California Motorcycle Dealers Association
California Wilderness Coalition
Del Amo Motorsports
Del Amo Motorsports of South Bay
Dunlop Motorcycle Tires
Gp Motorcycles
K&B Motorsports of Petaluma
Kiska Inc.
KTM North America
Motorcycle Industry Council
Northstate Powersports
Off Road Vehicle Legislative Coalition
Pierer Mobility North America
Santa Barabra Motorsports
Sierra Motor Sports
Tuleyome
Western Propane Services, Inc.

Opposition

None on file

Analysis Prepared by: Stephanie Mitchell / W., P., & W. / (916) 319-2096

 CONSENT  

Bill No: SB 708

Author: Jones (R)

Amended: 3/29/23

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 10-0, 3/28/23

AYES: Min, Seyarto, Allen, Becker, Eggman, Grove, Hurtado, Laird, Limón, Padilla

NO VOTE RECORDED: Dahle

SENATE TRANSPORTATION COMMITTEE: 16-0, 4/25/23

AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Vehicles: off-highway motor vehicles: off-highway motorcycles: sanctioned event permit

SOURCE: Author

DIGEST:

This bill creates, beginning January 1, 2025, a “sanctioned event permit” that allows a California resident, upon payment of a fee, to operate certain off-road motorcycles at sanctioned events.

ANALYSIS:

Existing federal law:

1. Allows the use of off-highway vehicles (OHVs) that are not compliant with emissions regulations solely for competition.
2. Requires that OHVs must have a Forest Service approved spark arrestor, properly installed and maintained.

Existing state law:

1. Establishes the Department of Parks and Recreation (State Parks) to administer and manage the state park system, including state vehicular recreation areas, which provide off-highway vehicle (OHV) recreation opportunities.
2. Establishes the Department of Motor Vehicles (DMV) to, among other purposes, regulate the use of motor vehicles, register vehicles, and license drivers.
3. Defines, generally, “off-highway motor vehicle” to include motorcycles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, jeeps, and recreational OHVs.
4. Requires motor vehicles that are unregistered because they are used exclusively off-road to be issued and display an identification plate obtained from DMV, with certain exceptions, including certain OHVs used in competitive events upon closed courses.
5. Requires DMV, upon identifying an OHV subject to the identification described above, to issue to the owner a suitable identification plate that is capable of being attached to the vehicle, as specified.
6. Requires certain fees associated with OHVs to be deposited in the OHV Trust Fund, and requires moneys in the fund to be allocated for specified purposes related to off-highway recreation.
7. Prohibits any person from using any internal combustion engine on any forest-covered, brush-covered, or grass-covered land unless the engine is equipped with a spark arrestor. An exception is made for motor vehicles operating in an organized competition if the event is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction.

Existing state regulations (promulgated by the California Air Resources Board (ARB)):

1. Establish a green sticker program whereby OHVs that meet air emissions standards can operate year round on public lands.
2. Establish a red sticker program whereby OHVs of model year 2021 or earlier that do not meet air emissions standards can only operate during the riding season, as determined by ARB, on public lands.
3. Provide that DMV shall issue, for a fee, the green and red stickers to distinguish between the two OHV types.
4. Require OHVs, for model years 2022 or later to ride on public lands, to either meet ARB’s air emissions standards or only be used in sanctioned, competition events on a closed course. Provide that no new red stickers will be issued for model years 2022 or later. However, beginning in 2025, pre-2022 model year red sticker OHVs may operate year round, rather than be limited to the riding season.

This bill creates, beginning January 1, 2025, a “sanctioned event permit” that allows a California resident, upon payment of a fee, to operate certain off-road motorcycles at sanctioned events. The permit will be valid for the calendar year issued for OHV recreational special events approved by any agency, as specified. Specifically, this bill:

1. Requires State Parks, upon payment of a fee, to issue an annual special permit, to be known as the “sanctioned event permit,” to California residents to operate an off-road motorcycle at a sanctioned event.
   1. Require State Parks to make this permit available for online purchase beginning January 1, 2025.
   2. Limit eligibility for this permit to both of the following:
      1. California residents, AND
      2. Model year 2022 and newer off-road motorcycles that are not eligible for the “Green Sticker” or “Red Sticker” identification.
   3. Provide that a sanctioned event permit shall expire on December 31 of the year that the permit is issued.
   4. Provide that a sanctioned event permit is nonrefundable, nonreplaceable, and void if removed from an off-road motorcycle.
   5. Require the sanctioned event permit to be displayed on the left side of an off-road motorcycle and visible for inspection at sanctioned events.
2. Defines “sanctioned event” to mean an event approved by an agency within its guidelines for OHV competition or racing events.
3. Requires State Parks to set the fee amount for a sanctioned event permit to recover the operation and administrative costs of this program. State Parks may adjust the fee amount.
   1. Require State Parks to deposit revenues received from this fee into the Off-Highway Vehicle Trust Fund.
   2. Provide that money in this fund shall be allocated, upon appropriation by the Legislature, for a State Parks’ grant program that supports the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of OHVs, and programs involving OHV safety or education.

Background

In 1994, ARB adopted the first regulation to control emissions from OHVs. ARB subsequently adopted the red sticker program after industry noted concerns over a lack of compliant models. Under this program, vehicles that do not meet emissions standards must have a “3” or “C” in the eighth digit of the VIN and may be used for recreational purposes on public lands in accordance with the red sticker schedule if they have a red sticker. The red sticker schedule limits use to certain times of year to support compliance with federal ozone standards.

ARB adopted the red sticker program in 1998 as a temporary measure to provide industry time to develop compliant models while not disrupting vehicle availability and sales. ARB anticipated that as green sticker models came onto the market, consumers would prefer these models since they have no use restrictions. While this largely occurred with ATVs, demand for red sticker motorcycles remained high, accounting for over 50 percent of sales between 2012 and 2015.

Ultimately, the red sticker program’s riding restrictions were ineffective at changing consumer behavior and these OHVs disproportionately accounted for OHV emissions. In response, ARB updated its regulations to sunset the red sticker program for model years 2022 and later, but included provisions to continue to allow the recreational use of older models on public lands. OHVs that do not meet ARB’s standards may only be used on public lands for competition and competition-associated practice events on a closed course. The new regulations also bring California’s rules into alignment with federal OHV rules adopted in 2006.

Comments

Need for the bill. According to State Parks, the federal government looks to California’s sticker programs to identify competition OHVs on federal lands in California during federally sanctioned events. With the sunset of the red sticker program, federal land managers have inconsistently allowed the use of off-road motorcycles without a sticker. State Parks notes a replacement sticker program could more consistently allow the use of off-road motorcycles on federal lands during sanctioned events.

Seems familiar. This bill is similar to other bills from prior years by the same author, including SB 894 (Jones, 2022), SB 227 (Jones, 2021), and SB 1024 (Jones, 2020). Those bills would have established a process for DMV to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. Only SB 894 passed the Legislature. The Governor ultimately vetoed SB 894, stating:

I recognize the economic benefits OHV competitions bring to rural communities, but I am concerned about the fiscal impact to implement the bill. It is anticipated that there will be fewer than 2,000 annual applications under this program. DMV's implementation costs are anticipated to be significant, and the Off Highway Vehicle Trust Fund is required to reimburse the DMV for those up-front costs. Given the small number of vehicles and the fees set forth in the bill, it may take a decade or more for the OHV Trust Fund to recoup those costs - if at all.

This bill differs from the other bills in that it does not require DMV to register and identify competition OHVs (i.e. OHVs which do not comply with ARB’s air emission regulations that are used for competition only). Instead, this bill requires State Parks, beginning January 1, 2025, to offer sanctioned event permits online for a fee (set by State Parks). The permit would be valid for the calendar year in which the permit was issued and would only be available to off-road motorcycles of model year 2022 or later that are not eligible for ARB’s green or red sticker programs.

Spark arrestor. Prior bills on this subject also required the use of a spark arrestor and muffler. This bill does not require either. At least with regard to the spark arrestor, federal and state law already require such a device, as noted in the “Existing Law” section.

Sanctioned event. Under this bill, off-road motorcycles could only be used on public lands at a sanctioned event, defined as an event approved by an agency within its guidelines for OHV competition or racing events. This could include sanctioned events hosted by federal, state, or local agencies, or tribes. State agencies that offer OHV competition events include State Parks and some state fairs. The Bureau of Land Management and the U.S. Forest Service offer events on federal lands. Local agencies that offer events include counties and some cities. It is unclear if Native American tribes in California offer OHV opportunities.

Cost recovery for State Parks. This bill requires State Parks to set a fee for the issuance of a sanctioned event permit to recover its operation and administrative costs of the program. However, this bill also provides that the revenue be allocated for State Parks’ OHV grant program. Assuming State Parks sets the fee to recover its costs to administer the permit program, there would be no additional funding for its OHV grant program, which funds the acquisition and development of OHV trails and facilities, and programs involving OHV safety or education. The author notes in supporting materials for this bill the importance of this funding for OHV conservation work and that all OHV riders that use public lands should help to pay for OHV opportunities and stewardship.

Should this bill move forward, the author may wish to consider ways to structure the fee (or fees) to ensure competition off-road motorcycle riders fairly “pay their way.” This could look similar to the fee structure proposed in SB 894 (Jones, 2022), which would have established two fees: a “service fee” to recover costs to issue the permit and a “special fee” for operating these OHVs on public lands. In this case, revenues from the latter would be deposited into the OHV Trust Fund for specified uses, including enforcement and OHV-related acquisitions and conservation.

Related/Prior Legislation

SB 894 (Jones, 2022) would have established a process to register and identify certain off-highway vehicles that do not comply with air emission regulations for use solely for competition off public highways. Thr bill was vetoed by the Governor.

SB 227 (Jones, 2021) would have established a process to register and identify certain off-highway vehicles that do not comply with air emission regulations for use solely for competition off public highways. Thr bill was held on the suspense file in the Assembly Appropriations Committee.

SB 1024 (Jones, 2020) would have established a new registration program for off-highway motorcycles and vehicles used in competition. Thr bill was placed on the inactive file in the Senate after returning from the Assembly.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 5/8/23)

Abate of California

American Motorcyclist Association

American Motorcyclists Association, District 36

California Custom Trailers & Powersports

California Motorcycle Dealers Association

California Wilderness Coalition

Motorcycle Industry Council

San Diego Off-Road Coalition

Sierra Motor Sports

Tuleyome

OPPOSITION: (Verified 5/8/23)

None received

ARGUMENTS IN SUPPORT: According to the author, “SB 708 creates a new online sanctioned event permit program for model year 2022 and newer Competition motorcycles so that land agency staff and law enforcement will be able to easily identify them when operated at sanctioned events held on public lands.  The identification decal will be displayed on competition motorcycles. Permit fees from SB 708 will also restore monies historically slated for important conservation and law enforcement efforts that were lost with the termination of the Red Sticker program. SB 708 will allow Competition riders to continue their sport in a safe, responsible, and fiscally-wise manner. It also allows land managers to have a way to distinguish types of vehicles.”

Prepared by: Catherine Baxter / N.R. & W. / (916) 651-4116

5/10/23 15:34:55

**** END ****

SENATE COMMITTEE ON TRANSPORTATION

Senator Lena Gonzalez, Chair

2023 - 2024 Regular

Bill No: Hearing Date: 4/25/2023

SUBJECT:

DIGEST: This bill creates, beginning January 1, 2025, a “sanctioned event permit” that allows a California resident, upon payment of a fee, to operate certain off-road motorcycles at sanctioned events.

ANALYSIS:

Existing law:

1. Generally defines “off-highway motor vehicle” to include motorcycles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, jeeps, and recreational OHVs.
2. Requires motor vehicles that are unregistered because they are used exclusively off-road to be issued and display an identification plate obtained from the Department of Motor Vehicles (DMV), with certain exceptions, including certain OHVs used in competitive events upon closed courses.
3. Requires the DMV, upon identifying an OHV subject to the identification described above, to issue to the owner a suitable identification plate that is capable of being attached to the vehicle, as specified.
4. Requires certain fees associated with OHVs to be deposited in the OHV Trust Fund, and requires moneys in the fund to be allocated for specified purposes related to off-highway recreation.

California Air Resources Board (ARB) regulations

1. Establish a green sticker program whereby OHVs that meet air emissions standards can operate year round on public lands.
2. Establish a red sticker program whereby OHVs of model year 2021 or earlier that do not meet air emissions standards can only operate during the riding season, as determined by ARB, on public lands.
3. For a fee, the DMV issues the green and red stickers to distinguish between the two OHV types.
4. For model years 2022 or later, to ride on public lands OHVs must either meet ARB’s air emissions standards or only be used in sanctioned, competition events on a closed course. No new red stickers will be issued for model years 2022 or later. However, beginning in 2025, pre-2022 model year red sticker OHVs may operate year round, rather than be limited to the riding season.
5. Prohibits any person from using any internal combustion engine on any forest-covered, brush-covered, or grass-covered land unless the engine is equipped with a spark arrestor. An exception is made for motor vehicles operating in an organized competition if the event is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction. (Public Resources Code Section 4442)

Federal law:

1. Allows the use of OHVs that are not compliant with emissions regulations solely for competition.
2. Requires that off-highway vehicles must have a Forest Service approved spark arrestor, properly installed and maintained. (36 CFR 261.52)

This bill:

1. Requires State Parks, upon payment of a fee, to issue an annual special permit, to be known as the “sanctioned event permit,” to California residents to operate an off-road motorcycle at sanctioned events.
2. Requires State Parks to make this permit available for online purchase beginning January 1, 2025.
3. Limits eligibility for this permit to California residents for model year 2022 and newer off-road motorcycles that are not eligible for the “Green Sticker” or “Red Sticker” identification.
4. Provides that a sanctioned event permit shall expire on December 31 of the year that the permit is issued.
5. Provides that a sanctioned event permit is nonrefundable, non-replaceable, and void if removed from an off-road motorcycle.
6. Requires the sanctioned event permit to be displayed on the left side of an off-road motorcycle and visible for inspection at sanctioned events.
7. Defines “sanctioned event” to mean an event approved by an agency within its guidelines for off-highway vehicle competition or racing events.
8. Requires State Parks to set the fee amount for a sanctioned event permit to recover the operation and administrative costs of this program. State Parks may adjust the fee amount.
9. Requires State Parks to deposit revenues received from this fee into the Off-Highway Vehicle Trust Fund.
10. Provides that money in this fund shall be allocated, upon appropriation by the Legislature, for a State Parks’ grant program that supports the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of OHVs, and programs involving OHV safety or education.

COMMENTS:

1. Background. In 1994, the California Air Resources Board (CARB) adopted the first regulation to control emissions from OHVs. ARB subsequently adopted the red sticker program after industry-noted concerns over a lack of compliant models. Under this program, vehicles that do not meet emissions standards must have a “3” or “C” in the eighth digit of the VIN and may be used for recreational purposes on public lands in accordance with the red sticker schedule if they have a red sticker. The red sticker schedule limits use to certain times of year to support compliance with federal ozone standards.

CARB adopted the red sticker program in 1998 as a temporary measure to provide the industry time to develop compliant models while not disrupting vehicle availability and sales. CARB anticipated that as green sticker models came onto the market, consumers would prefer these models since they have no use restrictions. While this largely occurred with ATVs, demand for red sticker motorcycles remained high, accounting for over 50 percent of sales between 2012 and 2015.

Ultimately, the red sticker program’s riding restrictions were ineffective at changing consumer behavior and these OHVs disproportionately accounted for OHV emissions. In response, CARB updated its regulations to sunset the red sticker program for model years 2022 and later, but included provisions to continue to allow the recreational use of older models on public lands. OHVs that do not meet CARB’s standards may only be used on public lands for competition and competition-associated practice events on a closed course. The new regulations also bring California’s rules into alignment with federal OHV rules adopted in 2006.

1. Author’s Statement. “SB 708 will create a new online sanctioned event permit program for model year 2022 and newer competition motorcycles to replace the Red Sticker registration program that ended in 2021 by providing an identification decal that is to be displayed on competition motorcycles when operated at sanctioned events on public lands.”
2. Need for the Bill. According to State Parks, the federal government looks to California’s sticker programs to identify competition OHVs on federal lands in California during federally sanctioned events. With the sunset of the red sticker program, federal land managers have inconsistently allowed the use of off-road motorcycles without a sticker. State Parks notes a replacement sticker program could more consistently allow the use of off-road motorcycles on federal lands during sanctioned events.
3. Sanctioned Event. This bill allows off-road motorcycles to be used on public lands at a sanctioned event, defined as an event approved by an agency within its guidelines for OHV recreational special events. This could include sanctioned events hosted by federal, state, or local agencies, or tribes. State agencies that offer OHV competition events include State Parks and some state fairs. The Bureau of Land Management and the U.S. Forest Service offer events on federal lands. Local agencies that offer events include counties and some cities.
4. Looks Familiar. For several years the author has attempted to create programs to allow certain non-compliant OHVs to be used solely for competition off public highways. His latest effort, SB 894 from last year, passed the Senate without a “NO” vote and passed the Assembly nearly unanimously. Unfortunately that bill was vetoed. The Governor’s veto message raised fiscal concerns about the DMV’s cost of administering the program:

“I recognize the economic benefits OHV competitions bring to rural communities, but I am concerned about the fiscal impact to implement the bill. It is anticipated that there will be fewer than 2,000 annual applications under this program. DMV's implementation costs are anticipated to be significant, and the Off-Highway Vehicle Trust Fund is required to reimburse the DMV for those up-front costs. Given the small number of vehicles and the fees set forth in the bill, it may take a decade or more for the OHV Trust Fund to recoup those costs - if at all.”

This bill addresses that concern by eliminating the role of the DMV, instead creating a similar sticker program administered by State Parks.

1. Spark Arrestor. Prior bills on this subject required the use of a spark arrestor and muffler. This bill does not require either. At least with regard to the spark arrestor, federal and state law already requires such a device, as noted in the “Current Law” section.
2. Fees. The bill authorizes State Parks to establish a fee for the permit to recover the costs of the permitting program. The author’s intent is that the permittees contribute towards the Off-Highway Vehicle Trust Fund, though the mechanism for doing so isn’t yet clear.
3. Double Referral. This bill was previously heard by the Senate Natural Resources and Water Committee on March 28, 2023 and approved 10-0.

Related Legislation:

SB 894 (Jones, 2022) – Establishes a process to register and identify certain off-highway vehicles that do not comply with air emission regulations for use solely for competition off public highways. This bill was vetoed by Governor Newsom.

SB 227 (Jones, 2021) – Establishes a process to register and identify certain off-highway vehicles that do not comply with air emission regulations for use solely for competition off public highways. This bill was held on the suspense file in the Assembly Appropriations Committee.

SB 1024 (Jones, 2020) – Establishes a new registration program for off-highway motorcycles and vehicles used in competition. This bill was placed on the inactive file in the Senate after returning from the Assembly.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

Unknown.

POSITIONS: (Communicated to the committee before noon on Wednesday, April 19, 2023.)

SUPPORT:

Abate of California - Motorcyclists Rights & Safety Organization

American Motorcyclist Association

California Custom Trailers & Powersports

California Wilderness Coalition (CALWILD)

CMDA-California Motorcycle Dealers Association

District 36 Motorcycle Sports Committee, INC. (AMA D36)

San Diego Off-road Coalition

Sierra Motor Sports

Tuleyome

OPPOSITION:

None received

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: March 28, 2023

Subject: Vehicles: off-highway motor vehicles: off-highway motorcycles: sanctioned event permit

BACKGROUND AND EXISTING LAW

Existing law

1. Establishes the Department of Parks and Recreation (State Parks) to administer and manage the state park system, including state vehicular recreation areas, which provide off-highway vehicle (OHV) recreation opportunities.
2. Establishes the Department of Motor Vehicles (DMV) to, among other purposes, regulate the use of motor vehicles, register vehicles, and license drivers.
3. Generally defines “off-highway motor vehicle” to include motorcycles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, jeeps, and recreational OHVs.
4. Requires motor vehicles that are unregistered because they are used exclusively off-road to be issued and display an identification plate obtained from DMV, with certain exceptions, including certain OHVs used in competitive events upon closed courses.
5. Requires DMV, upon identifying an OHV subject to the identification described above, to issue to the owner a suitable identification plate that is capable of being attached to the vehicle, as specified.
6. Requires certain fees associated with OHVs to be deposited in the OHV Trust Fund, and requires moneys in the fund to be allocated for specified purposes related to off-highway recreation.

California Air Resources Board (ARB) regulations

1. Establishes a green sticker program whereby OHVs that meet air emissions standards can operate year round on public lands.
2. Establishes a red sticker program whereby OHVs of model year 2021 or earlier that do not meet air emissions standards can only operate during the riding season, as determined by ARB, on public lands.
3. For a fee, DMV issues the green and red stickers to distinguish between the two OHV types.
4. For model years 2022 or later, to ride on public lands, OHVs must either meet ARB’s air emissions standards or only be used in sanctioned, competition events on a closed course. No new red stickers will be issued for model years 2022 or later. However, beginning in 2025, pre-2022 model year red sticker OHVs may operate year round, rather than be limited to the riding season.

Federal law allows the use of OHVs that are not compliant with emissions regulations solely for competition.

Background

In 1994, ARB adopted the first regulation to control emissions from OHVs. ARB subsequently adopted the red sticker program after industry noted concerns over a lack of compliant models. Under this program, vehicles that do not meet emissions standards must have a “3” or “C” in the eighth digit of the VIN and may be used for recreational purposes on public lands in accordance with the red sticker schedule if they have a red sticker. The red sticker schedule limits use to certain times of year to support compliance with federal ozone standards.

ARB adopted the red sticker program in 1998 as a temporary measure to provide industry time to develop compliant models while not disrupting vehicle availability and sales. ARB anticipated that as green sticker models came onto the market, consumers would prefer these models since they have no use restrictions. While this largely occurred with ATVs, demand for red sticker motorcycles remained high, accounting for over 50 percent of sales between 2012 and 2015.

Ultimately, the red sticker program’s riding restrictions were ineffective at changing consumer behavior and these OHVs disproportionately accounted for OHV emissions. In response, ARB updated its regulations to sunset the red sticker program for model years 2022 and later, but included provisions to continue to allow the recreational use of older models on public lands. OHVs that do not meet ARB’s standards may only be used on public lands for competition and competition-associated practice events on a closed course. The new regulations also bring California’s rules into alignment with federal OHV rules adopted in 2006.

PROPOSED LAW

This bill would create, beginning January 1, 2025, a “sanctioned event permit” that would allow a California resident, upon payment of a fee, to operate certain off-road motorcycles at sanctioned events. The permit would be valid for the calendar year issued for off-highway vehicle recreational special events approved by any agency, as specified.

Specifically, this bill would:

1. Require State Parks, upon payment of a fee, to issue an annual special permit, to be known as the “sanctioned event permit,” to California residents to operate an off-road motorcycle at a sanctioned event.
   1. Require State Parks to make this permit available for online purchase beginning January 1, 2025.
   2. Limit eligibility for this permit to both of the following:
      1. California residents, AND
      2. Model year 2022 and newer off-road motorcycles that are not eligible for the “Green Sticker” or “Red Sticker” identification.
   3. Provide that a sanctioned event permit shall expire on December 31 of the year that the permit is issued.
   4. Provide that a sanctioned event permit is nonrefundable, nonreplaceable, and void if removed from an off-road motorcycle.
   5. Require the sanctioned event permit to be displayed on the left side of an off-road motorcycle and visible for inspection at sanctioned events.
2. Define “sanctioned event” to mean an event approved by an agency within its guidelines for OHV recreational special events.
3. Require State Parks to set the fee amount for a sanctioned event permit to recover the operation and administrative costs of this program. State Parks may adjust the fee amount.
   1. Require State Parks to deposit revenues received from this fee into the Off-Highway Vehicle Trust Fund.
   2. Provide that money in this fund shall be allocated, upon appropriation by the Legislature, for a State Parks’ grant program that supports the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of OHVs, and programs involving OHV safety or education.

ARGUMENTS IN SUPPORT

According to the author, “SB 708 creates a new online sanctioned event permit program for model year 2022 and newer Competition motorcycles so that land agency staff and law enforcement will be able to easily identify them when operated at sanctioned events held on public lands.  The identification decal will be displayed on competition motorcycles. Permit fees from SB 708 will also restore monies historically slated for important conservation and law enforcement efforts that were lost with the termination of the Red Sticker program. SB 708 will allow Competition riders to continue their sport in a safe, responsible, and fiscally-wise manner. It also allows land managers to have a way to distinguish types of vehicles.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Referral. This bill was referred to this committee first and the Senate Transportation Committee second. Elements of the bill under that committee’s jurisdiction will be discussed there and are included here for context and completeness only.

Seems familiar. This bill is similar to other bills heard in this committee in prior years by the same author, including SB 894 (2022), SB 227 (2021), and SB 1024 (2020). Those bills would have established a process for DMV to register and identify certain OHVs that do not comply with air emission regulations for use solely for competition off public highways. All of these bills passed this committee, but only SB 894 passed the Legislature. The Governor ultimately vetoed SB 894, stating:

“I recognize the economic benefits OHV competitions bring to rural communities, but I am concerned about the fiscal impact to implement the bill. It is anticipated that there will be fewer than 2,000 annual applications under this program. DMV's implementation costs are anticipated to be significant, and the Off Highway Vehicle Trust Fund is required to reimburse the DMV for those up-front costs. Given the small number of vehicles and the fees set forth in the bill, it may take a decade or more for the OHV Trust Fund to recoup those costs - if at all.”

This bill differs from the other bills in that it does not require DMV to register and identify competition OHVs (i.e. OHVs which do not comply with ARB’s air emission regulations that are used for competition only). Instead, this bill would require State Parks, beginning January 1, 2025, to offer sanctioned event permits online for a fee (set by State Parks). The permit would be valid for the calendar year in which the permit was issued and would only be available to off-road motorcycles of model year 2022 or later that are not eligible for ARB’s green or red sticker programs.

These off-road motorcycles could only be used on public lands at a sanctioned event, defined as an event approved by an agency within its guidelines for OHV recreational special events. This could include sanctioned events hosted by federal, state, or local agencies, or tribes. State agencies that offer OHV competition events include State Parks and some state fairs. The Bureau of Land Management and the U.S. Forest Service offer events on federal lands. Local agencies that offer events include counties and some cities. It is unclear if Native American tribes in California offer OHV opportunities.

According to State Parks, the federal government looks to California’s sticker programs to identify competition OHVs on federal lands in California during federally sanctioned events. With the sunset of the red sticker program, federal land managers have inconsistently allowed the use of off-road motorcycles without a sticker. State Parks notes a replacement sticker program could more consistently allow the use of off-road motorcycles on federal lands during sanctioned events.

“Sanctioned event” definition. The bill would define “sanctioned event” to mean an event approved by an agency within its guidelines for off-highway vehicle recreational special events (emphasis added). According to the author, the focus of the bill is on competition off-road motorcycles for use in competition events on public lands. Should the bill move forward, the Committee may wish to consider amending the bill to limit “sanctioned events” to “competition or racing events” instead of “recreational events,” which could have a broader meaning. See amendments.

Cost recovery for State Parks. This bill would require State Parks to set a fee for the issuance of a sanctioned event permit to recover its operation and administrative costs of the program. However, the bill also provides that the revenue be allocated for State Parks’ OHV grant program. Assuming State Parks sets the fee to recover its costs to administer the permit program, there would be no additional funding for its OHV grant program, which funds the acquisition and development of OHV trails and facilities, and programs involving OHV safety or education. The author notes in supporting materials for the bill the importance of this funding for OHV conservation work and that all OHV riders that use public lands should help to pay for OHV opportunities and stewardship.

Should the bill move forward, the author may wish to consider ways to structure the fee (or fees) to ensure competition off-road motorcycle riders fairly “pay their way.” This could look similar to the fee structure proposed in SB 894 (Jones, 2022), which would have established two fees: a “service fee” to recover costs to issue the permit and a “special fee” for operating these OHVs on public lands. In this case, revenues from the latter would be deposited into the OHV Trust Fund for specified uses, including enforcement and OHV-related acquisitions and conservation. This issue may be best addressed by the Senate Appropriations Committee.

Other issues to consider. This bill uses the term “off-road motorcycle,” but does not define it. Existing law does not provide a definition for this term, although it defines the term “off-highway motor vehicle,” which includes certain motorcycles. Existing law also defines the term “closed course” and limits the use of certain OHVs to these courses. The bill does not. Should the bill move forward, the author may wish to consider defining the term “off-highway motorcycle” and restricting sanctioned events to closed courses, as currently defined or under a new, proposed definition. For example, some prior OHV bills proposed amendments to the definition of this term. These issues may be better addressed by the Senate Transportation Committee.

Finally, the author may wish to consider granting State Parks authority to use vendors to issue the permits or to create the online permitting system.

Related legislation.

AB 1617 (Wallis, 2023) would remove the limitation on engine size from the definition of a “recreational off-highway vehicle.” This bill is pending in the Assembly Rules Committee.

Previous legislation.

SB 894 (Jones, 2022) would have established a process to register and identify certain off-highway vehicles that do not comply with air emission regulations for use solely for competition off public highways. This bill was vetoed by the Governor.

SB 227 (Jones, 2021) would have established a process to register and identify certain off-highway vehicles that do not comply with air emission regulations for use solely for competition off public highways. This bill was held on the suspense file in the Assembly Appropriations Committee.

SB 1024 (Jones, 2020) would have established a new registration program for off-highway motorcycles and vehicles used in competition. This bill was placed on the inactive file in the Senate after returning from the Assembly.

SUGGESTED AMENDMENTS

38087.7. (e) For purposes of this section, “sanctioned event” means an event approved by an agency within its guidelines for off-highway vehicle recreational special competition or racing events.

SUPPORT

California Motorcycle Dealers Association

OPPOSITION

None Received

-- END --