Proposed 2007 Emergency Regulations

[tomjeeps2]

Proposed 2007 Emergency Regulations
The only change in these regulations is a revision of the filing deadline for the Grants and Cooperative Agreements Program from the first Monday in August to the third Monday in September (September 17th, 2007).

Finding of Emergency
Notice of Proposed Emergency Action (follow link below)
Chapter 1
Chapter 2
Chapter 3
Appendix


http://ohv.parks.ca.gov/default.asp?page_id=1164

WRITTEN COMMENT PERIOD
Any interested person, or his or her authorized representative, may submit
written comments relative to the proposed emergency regulations described in
the attached Finding of Emergency. In order to be considered, public comments
on the proposed emergency regulations must:
1. Be in writing.
2. Be sent or delivered to
both the OHMVR Division and the Office of
Administrative Law.
3. Be received by both the Office of Administrative Law (OAL) and the
OHMVR Division
within 5 (five) calendar days of filing the
emergency regulations.
The Department will file the proposed
emergency regulations with the Office of Administrative Law on July
9, 2007
. The written comment period begins on July 10, 2007 and
ends at 5:00 p.m., on
July 14, 2007. OAL and the Department will
consider only written comments received during that time.
4. Identify the emergency topic.

2
All written comments shall be mailed, hand delivered, faxed or e-mailed to
OAL at the following address, facsimile number, or e-mail address:
Office of Administrative Law
300 Capitol Mall, Suite 1250Sacramento, California 95814-4339Fax number: (916) 323-6826E-mail address:
staff@oal.ca. gov
All written comments shall be submitted to the OHMVR Division at the
following address:
Department of Parks and Recreation
Off-Highway Motor Vehicle Recreation Division
Attn: Allen Chancey, Manager
Grants and Winter Recreation
P.O. Box 942896
Sacramento, California 94296-0001Written comments can also be hand delivered to the OHMVR Division, to
the contact person listed above, at the following address:
Department of Parks and Recreation
Off-Highway Motor Vehicle Recreation Division
1725 23rd Street, Suite 200
Sacramento, California 95816Written comments that are not more than 10 pages will be accepted by the
OHMVR Division via facsimile at (916) 324-1610. A fax transmission must be
completed by the deadline given above.
Written comments may also be delivered electronically to Allen Chancey
at
achancey@parks. ca.gov by the deadline given above.
The back-up contact person regarding the proposed action/text is John
Pelonio, Supervising Ranger, phone number (916) 324-5734 or e-mail address:
jpelonio@parks. ca.gov
.

------------ --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- ----
Division is going to OAL over the time line change and some other minor tweaks needed in the regs, I'm strongly urging Division to address the restoration spending at the same time. What they should be doing is taking an average of the restoration money spend for the last five cycles before Jan 2005, and averaging that out with the figures in the new fuel tax study due in Jan 2005. Bottom line is this works out to about $3.2 million we should be spending per cycle on restoration, we overspent for the last two years between $5 and $6 million dollars.

What I want them to do is spell out a specific formula though OAL, what ever they come up with we deduct that evenly over the next four cycles what they overspent, if we don't do it that way it wont get done any other way. No public record exist anywhere to my knowledge of the tax code issue ever being addressed, if we don't do this I fear wont get done and I'm certain OAL and Division does wish the be in compliance with the Tax code. The Commission set target of $7.2 million for Restoration (2007/2008 cycle) is grossly in excess, of any reasonable and rational interpretation of this code in which no record exist of them addressing.

8352.8. (a) The Conservation and Enforcement Services Account is
hereby established as an account in the Off-Highway Vehicle Trust
Fund. Subject to Sections 8352 and 8352.1, on the first day of every
month there shall be transferred from money deposited in the Motor
Vehicle Fuel Account to the Conservation and Enforcement Services
Account the total amount determined on the basis of the estimates
contained in this section.
(b) On or before August 15, 1987, and every two years thereafter,
the Department of Transportation shall prepare, or cause to be
prepared, in cooperation with the Department of Parks and Recreation,
a report setting forth the current estimate of the amount of money
credited to the Motor Vehicle Fuel Account that is attributable to
taxes imposed upon distributions of motor vehicle fuel estimated to
have been used in the off-highway operation of vehicles required to
be registered as off-highway vehicles by Division 16.5 (commencing
with Section 38000) of the Vehicle Code, but which were not so
registered, and shall submit a copy of the report to the Legislature.

(c) Funds in the Conservation and Enforcement Services Account
shall be allocated to the Division of Off-Highway Motor Vehicle
Recreation of the Department of Parks and Recreation for expenditure
when appropriated by the Legislature for the purposes of Section
5090.64 of the Public Resources Code.
(d) On or before January 1, 2005, the Division of Off-Highway
Motor Vehicle Recreation in the Department of Parks and Recreation
shall submit a report to the Legislature that identifies the
appropriate level of funding necessary to sustain conservation and
enforcement needs, grant areas, state vehicular recreation areas,
capital outlay, and division support, based upon an analysis of
program income and expenditures during the preceding five fiscal
years and the findings contained in the most recent fuel tax study.

[tomjeeps2]

Draft off my comments

My official position on the current OHMVR Division request to OAL, despite my and others continued objections the OHMVR Commission and Division continuing to operate against public interest, unless modified I cannot support this request at this time. Furthermore 8352.8 of the State tax code clearly states the following:

8352.8.(d) On or before January 1, 2005, the Division of Off-Highway
Motor Vehicle Recreation in the Department of Parks and Recreation
shall submit a report to the Legislature that identifies the
appropriate level of funding necessary to sustain conservation and
enforcement needs, grant areas, state vehicular recreation areas,
capital outlay, and division support, based upon an analysis of
program income and expenditures during the preceding five fiscal
years and the findings contained in the most recent fuel tax study.

At the March 24Th 2007 meeting the OHMVR Commission despite overwhelming public testimony, has decided to again set a restoration target in excess of any amount spent in any past grant cycle $7.2 Million. Making matters worse Division agreed with the need for this, siting a $5.6 million dollar grant that was discarded by Division earlier this year because it was submitted as a planning grant, not restoration. Bottom line is averaging out the new fuel tax study with past spending would work out to between $3 to $3.5 Million for restoration, ironically this is the number that I always figured would be in alignment with actual legitimate need. The tax code also calls for the use of actual expenses, what could have been if augments don’t count, unless Division can some how though OAL correct this problem I cannot support this request.
Division is going to OAL over the time line change and some other minor tweaks needed in the regulations, I'm strongly urging Division to address the restoration spending at the same time. What they should be doing is taking an average of the restoration money spend for the last five cycles before Jan 2005, and averaging that out with the figures in the new fuel tax study due in Jan 2005. Bottom line is this works out to about $3.2 million we should be spending per cycle on restoration, we overspent for the last two years between $5 and $6 million dollars.

What I want them to do is spell out a specific formula though OAL, what ever they come up with we deduct that evenly over the next four cycles what they overspent, if we don't do it that way it wont get done any other way. No public record exist anywhere to my knowledge of the tax code issue ever being addressed, if we don't do this I fear wont get done and I'm certain OAL and Division does wish the be in compliance with the Tax code. The Commission set target of $7.2 million for Restoration (2007/2008 cycle) is grossly in excess, of any reasonable and rational interpretation of this code in which no record exist of them addressing.
Since 1994 we lost half the riding areas and have twice the users, at $7.2 Million for Restoration I must respectfully disagree their request to OAL is in the public’s best interest. The risk of course is OAL denies the request, Division goes back to the drawing board or just drops it, which means no grants this year, which don't both me when you remember what the Commission did last year.

$3 to $3.5 Million for Restoration is more than reasonable, have emails from the person I believe that was complaining at the March meeting, about restoration work being destroyed. He agrees it's because we're just out wasting the money, restoring things in areas that they don't have the resources to manage, or it's just a bad project to try and spend the surplus money.
All we can say as the public is the Commission and the Division together is not acting in the public’s best interest, therefor the request to OAL unless modified is not in the public’s best interest.

I put this out there so you guys can use it to help formulate your own comments, best to draw from my points and expand on it as you see fit, speak your mind and follow the instructions. The comment period ends tomorrow so if you don't follow the instructions it wont count, just don't waste your time here preaching to the choir. I hate from letters, one good even messy hand written letter beats a thousand of them, however one from letter is worth a thousand of you banging your gums together on these boards and doing nothing else...TJ

[tomjeeps2]

All written comments shall be mailed, hand delivered, faxed or e-mailed to

OAL at the following address, facsimile number, or e-mail address:
Office of Administrative Law
300 Capitol Mall, Suite 1250Sacramento, California 95814-4339Fax number: (916) 323-6826E-mail address:
staff@oal.ca.gov

Hi all in case you have not noticed the email address as cut and past off the announcement has not been working, here is the corrected version or just fax your comments in to be sure...TJ