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OHV Gas tax $$ Grab to put OHV Parks at Risk

budman

General Menace
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Budman
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AMA Life Member #203453
Some of you have followed barf's effort to help fight off the State taking funds from the gas tax that could put our OHV Park System in dire straight within a couple of years.

Sustainable Parks Proposal. Item # 3790 The Senator is the Chair of this committee.

I had the opportunity to present my views in a meeting with the Senator.
Here is the info on that. Budman's meeting with Senator Joe Simitian on OHV funding

The Committee is continuing its effort after our meeting and this editorial came out in the Mercury News and I believe there is some disinformation in it.
More on that below.

Mercury News editorial: Simitian-Evans plan to keep state parks open deserves support

Quote from the Mercury News editorial - "And they would divert up to $21 million a year allocated for building off-road vehicle parks." - Editorial staff at the Mercury said this is straight from Senator Simitian and confrimed by his staff as well. This is for operation of the Parks and not building new. The Senator knows that. (Note:The 21M comes out of over 5 Billion in the gas tax as part of the Steinberg Bill.)

Simitian is continuing to use the OHV Trust Fund Balance as his number ($143M). In July 2012 that number $143M) will reduced by about $112M (leaving $31M), about $100M comes out every July to fund the OHV Programs for that fiscal year. So Simitian is manipulating the facts and not telling the whole truth.

My opinion here: If their proposed reduction of the revenues is successful then the program will go into deficit within 2 years and OHV Parks could be shut down. This is a way to shut OHV recreation down without Simitian looking like he has direct action with it.


In addition to a lot of rhetoric claiming they would do nothing to the OHV Trust Fund, staff from Simitian's office stated in writing they would do NOTHING until after the Governor's May Revise came out. They lied, this action took place two weeks before the May Revise.

Simitian and his staff intentionally put off a meeting for six weeks with AMA members (me) concerned about his proposal. He finally met with them after they threatened to protest his campaign but only after he had already gotten media support by annoucing his proposal.

In the second meeting the Senator was back on his horse and seemed like the only things he took from the meeting was to work our issues with it to his advantage. If you want to watch the hearing go here: http://calchannel.granicus.com/MediaPlayer.php?view_id=7&clip_id=428
The OHV issue starts at 1:37.00

Here is a snippet from the Senate Budget and Fiscal Review SUBCOMMITTEE NO 2
*** From Page 14:
Item 7: Local Assistance Funding: To address concerns raised by stakeholders, this item should be amended to allow for the shift of up to $21 million from the Motor Vehicle Fuel Account prior to deposit into the Off-Highway Vehicle Trust Fund (OHVTF). The Local Assistance proposal should be reduced by $11 million, and $10 million should be made available from the OHVTF fund balance (currently projected at over $60 million) for high priority law-enforcement related local assistance grants. The department will be required to consult with the OHV Division prior to taking this action. This item also should sunset after five years.

The Department will explore to what extent funding from the AB 32 Cap and
Trade funding may be appropriately used for restoration projects on Off-Highway Vehicle use lands (local assistance) in an amount up to $10 million.
***END*****

The Senator mentioned the Cap and Trade funding at our meeting, but that is likely just a cherry being held out and there is no chance this will take place. This also is directed only at the restoration piece of the Grant Funding that comes out of the Fuel Tax money. More words to make him look like a green friendly politician at the expense of OHV users. Looks like a nice way to get votes and then let the actual funding to not be done, but he can say I tried. Politics at its best huh??

Further more the Governor has already stated that if $$$ from other sources are directed to the Parks system he would likely take it for the General Fund due to the waste and lack of leadership in the Parks Department. He did just that last year. So guess how much will actually make it there?

Many of you emailed the Senator when this first came up and go the note that the Senator was not looking to take money from the OHV fund. Guess what he did!! Not cool.

From the public hearing:
The LAO said that the OHV fund has a large balance. I doubt they even looked into the amount of funding that has been taken already and what it takes to run the OHV system on a yearly basis. :mad

The State Park representative noted that the 10M last year did not go to State Parks so they are not sure it would stay with them. She noted that more than once...!

Finance tried to explain that this is a volatilefund source and Joe kept coming back to the 300M taken from other areas.

Speakers against the move.

Director of OHV Division stated that their system are world class and very few work that well.The action today besides the 10M taken last year will decimate the system. It will creates adversarial relationship with the 1 Million users of the system that has taken legal action before.

He also stated that the current loans being paid back is fantasy. They have never had these paid back before and I think to count on that would be a mistake. There is no reason to dismantle this agency.

The Speaker from Friends of Jawbone noted that when you take your expedition of road you have become a OHV user. (Note: He was President of Corva for 10 years in the past and the OHV Comissioner appointed by two Governors). "The grants are the life line of the OHV system. Millions of acres are affected by the loss of these grants".

He noted this is a job killer with over 600,000 people who rely on these funds.

A volunteer from a search and rescue medical response team spoke as well. They work closely with all the local agencies and do joint training in So Cal. Without the grant funding they can not do what they do and the users of the OHV areas will suffer greatly. The response times will triple and the potential for these incidents will likely cause more fatalities.

Amy Granat Managing Director of Corva spoke as well:
She noted that the OHV use is the fastest growing type of recreation. Our hands are being forced and a attorney has been engaged and litigation will be taken for the 10M taken last year. Please consider the ramifications of this action. (The Senator noted that he was going to call her back) (Also note 110M is still do to be paid back)

Nick Harris from the AMA spoke as well. He stated that he has not heard that State Parks or the Administration has not stated support for this and noted there is a similar lawsuit that Amy discussed is in the State Supreme court elsewhere. (My view on this is that this legal action will end up costing the State more money and is a waste of that money).

A former OHV Director noted that the these dollars will hurt the gateway communities where users buy lunch, dinner etc. and the OHV users will likely not be buying as many of these vehicles and they will hurt economically as well. (We already know the Moto biz is suffering and this could really hurt way more people economically).

Aaron Reid representing the California Association of Highway Patrolmen state that he agrees with State Finance that this is a volatile source of funding. The increase in officers over 20 years is just 1,000 where population has increase greatly. In fact the academy has been closed and officers are not being replaced leading to greatly increased stress of his member. There have been 220 deaths in the line of duty. They disagree that article 19 allows this to be done. The LAO suggested that this be a sunset clause (temp) and please consider this or make it a loan.

Dave Pickett from the District 36 Sport Committee said the OHV Trust was set up to make sure the money went where it was suppose to be and the Sheriff's would lose money. Metcalf is so busy that the gates close early often and people turned away. That Park will be in jeopardy with the loss of the trust funds.

Senator Lowenthal stated that he thought the effort of Simitian was commendable, but he is troubled greatly by potentially damaging one of the only economically viable parts of the system. The grants being lost is very troubling.

He suggested putting this in conference and really discuss it. He does not know how the Assembly really feels about it. He does not like stop gap measures and feels there should be more discussion on this.

Senator Simitian then called Ms. Granat back and thanked her for the meeting and the changes that came out of that meeting.

He asked her what green sticker fees are for:
She explained expertly as I would have expected.

$52 dollars a year is the fee for these vehicles.
This was a very crafted portion of the Steinberg Bill in 2007 /2008. This was based on a carefully calculated look at the use of fuel.

He then asked for help to communicate this to her people that Green sticker fees are not being taken as part of this.

Amy stated that she made that before (in our meeting and she was not asked to do so in the meeting).

Joe said he is still getting commentary from individuals about this. (Beating a dead horse Senator - IMO trying to step away from this being an attack on the OHV system).

Other info I have been able to gather (because I care!):

In meetings with Senator Simitian he and his staff have told representatives of the OHV community that he does not care about OHV and he will get the money he wants.

Senator Simitian has met with the California State Parks Foundation and PEER Director, Karen Schambach. He indicate was their plan and he is moving forward to try and win over voters in Santa Clara County.

The Senator also has received an endorsement from the Sierra Club for his run and he is using this issue to make himself look good.

For this action I say vote no for Joe!
Vote no for Joe on being a county Supervisor
 
Information to convey

With so much going in the Capitol, it has been hard to keep up. Right now - Assembly Subcommittee will meet on the 31st to consider the Sustainable Parks Proposal. If your Assemblymembers include: Betsy Butler, Rich Gorden, Bob Blumenthal and Jared Huffman, and tell them to vote against this proposal. Points to use:
1. The mission of the OHV Division of State Parks includes motorized access to non-motorized recreation including, hiking, mountain biking, wildlife viewing, and hunting as well as supporting OHV activities around the state. The OHV Division receives no support from the General Fund or bond measures. The OHV Division is supported by off-highway vehicle registration fees, off-highway vehicle park entrance fees, and a percentage of the gasoline tax established by the Legislature through SB 742 in 2007, which received wide bipartisan support.

2. By taking an additional $21M the Sustainable Parks transfer will kill the program. Local assistance grants serve a broad range of recreational services and are a critical component of the OHV Program. Since 1983-1983 over $190M has been taken in the form of loans and transfers. The Sustainable Parks continues this unfair practice, was indicates a clear intent to fatally cripple the OHV Division.

3. It makes little sense to transfer funds from a well functioning State Parks program to another State Parks program that has an expanding budget and more property than it can effectively manage.The OHV Division of State Parks has served as a model; it is well-managed and has always lived within it's allotted budget.

4. Funds taken from the 2011-2012 budget intended to go to help State Parks but was absorbed into the General Fund. There is nor reason to believe these funds will ever reach state parks, so this proposal will effectively kill a well-functioning program without solving the accepted problem.

Thanks - Amy
 
What to do now!

see Trailgal's (post #2) instructions:

...If your Assemblymembers include: Betsy Butler, Rich Gorden, Bob Blumenthal and Jared Huffman, and tell them to vote against this proposal. Points to use...
 
This all bothers me.

I’ve emailed and called “them” for years & years to protest the diversion of funds.

But, The following part I hadn’t seen before and it bothers me even more…

It appears to me that by wording it to “allowing the shift of up to $21M” it should be done prior to deposit into the OHVTF fund.
THAT means it’s not a loan. It’s just out & out theft. They have no intention of even saying they are going to pay it back.
While I feel that all the previous Millions of Dollars they have borrowed will never be re-paid to the OHV Fund they at least started the theft with a promise of return by calling it a loan.

FIRE THE LIARS!

Here is a snippet from the Senate Budget and Fiscal Review SUBCOMMITTEE NO 2
*** From Page 14:
Item 7: Local Assistance Funding: To address concerns raised by stakeholders, this item should be amended to allow for the shift of up to $21 million from the Motor Vehicle Fuel Account prior to deposit into the Off-Highway Vehicle Trust Fund (OHVTF). The Local Assistance proposal should be reduced by $11 million, and $10 million should be made available from the OHVTF fund balance (currently projected at over $60 million) for high priority law-enforcement related local assistance grants. The department will be required to consult with the OHV Division prior to taking this action. This item also should sunset after five years.

It also appears they are setting themselves up to divert funds for the next 5 years.
Totally a lose lose situation.

The biggest loss I would like to see is Senator Simitian from the public employee payroll!


Tell as many people in his district the same. And Why. And copy the Senator on your emailings.
 
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Please help out here by seeking out those that are listed above and sending them a message. Time for Bay Area moto folks to stand up. We are facing the end of the OHV system and no doubt NorCal will be first on the chopping block.

Even if you don't ride dirt our standing together can make a difference.
 
To Compliment Amy's Post

WE HAVE 12 HOURS OR LESS! CONTACT ASSEMBLY MEMBER RICH GORDON ASAP!! We do not have exact details on the hearing time but it will be tomorrow (this late into the budget season they do not have concrete times)

The proposal made by Senator Joe Simitian, which slashes OHV grant funding by 50%, is being considered by the State Assembly this Thursday, May 31st. If this proposal is adopted, more than half of the funding for the US Forest Service, BLM, and many County Parks will be redirected away from the state’s OHV Program. This is NOT A LOAN, BUT A TAKING of money which will never be repaid. You must act IMMEDIATELY in order to make a difference. Call your local state representatives, or members of the Assembly Budget Committee (include names?), as well as your local news outlets to let them know that this misuse of OHV funding is not acceptable and not appropriate. Most importantly, this action, if unchallenged, will lead to massive closures of USFS, BLM, and County OHV Park lands. AS we have seen many times in the past, once an OHV area closes, it never re-opens!

The funding being taken is from taxes paid on gasoline used by OHV recreationists, and should be used to maintain OHV recreational opportunities. The OHV community has always paid its own way, and has never depended on General Tax Funds or Park Bond Acts. How is it right to redirect funds collected from OHV recreation, and use them for ANY PURPOSE OTHER THAN SUPPORT OF OHV RECREATION!?

Finally, the proposal made by Senator Simitian is supposedly only to be in effect for three years. Really! Do they expect us to believe that after getting a taste of $21 million a year for three years, the state will be able to wean itself off of the taking and return the funding to OHV? Just like OHV opportunity areas, once funding is lost, it never comes back. If anyone doubts this, check out the state’s record on repaying loans from the OHV program…it just never happens. The OHMVR Commission’s 2011 report (available for viewing at ohv.parks.ca.gov) on page 9 shows that over $160,000,000 borrowed from the OHV Trust Fund, has never been paid back!

Senator Simitian is telling people he met with Bud and the OHV Community and everything is good now because he gave concessions. All he did was moved the "shells" around!!! The amount they are taking did not change and he is trying to sell it around the capitol as though he worked hard with OHV to gain a compromise!!! When will we learn? Where will this all end?

Stand up now. Let your voice be heard. The OHV Grants Program is vital to continued availability of OHV opportunities in California. Contact Assembly Member Rich Gordon who is the Chair of the Assembly Sub-Committee that will be hearing this TOMORROW!!! Fortunately for us, Assembly Member Gordon represents parts of Santa Cruz, San Mateo and Santa Clara counties. Contact him at 916-319-2021 or 650-691-2121. Also email him or his Chief of Staff (Harry Ermoian) at harry.ermoian@asm.ca.gov or assemblymember.gordon@assembly.ca.gov send a copy of the email to kealii.bright@asm.ca.gov

When you contact the Assembly Members office today please be polite and respectful, he has been fair and supportive to motorcyclists in the past (on many occasions). Here are the points to emphasize:

• Ask him to please stick with Assembly Member Jared Huffman’s (member from SF Bay Area) plan as outlined in AB 1589, it saves parks and does not move money around in a “shell” game. (Huffman is on this committee). No money is taken from OHV! Here is the link to the committee for tomorrow: http://abgt.assembly.ca.gov/sub3resourcesandtransportation
• The current proposal from the Simitian will effectively shut down Metcalf Motorcycle Park within a year or two. A very popular park in Santa Clara County. This can be prevented by saying no to Simitian’s politically motivated proposal.
• Senator Simitian did not support OHV Motorcyclists with the changes he made to his proposal; he only moved the numbers around. He did not hear nor did not even try to meet us halfway.
• If money must be taken then please just take a loan from the OHV Trust Fund. Simitian’s proposal to divert revenue from the Gas Tax is a shell game that will lead to new problems with another deficit in State Parks OHV Division within 2-3 years (Simitian will no longer be in office).
• Moving money from one side of the State Parks Department to the other without the support of State Parks makes no sense and is a waste of taxpayer’s time/money.
 
I just called and left a message for him

Contact Assembly Member Rich Gordon who is the Chair of the Assembly Sub-Committee that will be hearing this TOMORROW!!! Fortunately for us, Assembly Member Gordon represents parts of Santa Cruz, San Mateo and Santa Clara counties. Contact him at 916-319-2021

Please do this too.. see post above. Be polite and urge him per the above post!!!!
 
I too, just called Gorden's office and spoke with Ellen.
Very pleasant, very professional.

just do it.
 
Call her!

:leghump ....not this time!
 
emails sent.

Please do not “steal” funds, or support this theft, from the OHV program to support other parks.
This is unethical. This is why the trust was set up, to prevent this kind of action.

This is possibly illegal. Please stick with Assembly Member Jared Huffman’s (member from SF Bay Area) plan as outlined in AB 1589, it saves parks and does not move money around in a “shell” game.

We elect you to behave in a manner in the best interest of the state, not perform political stunts to get reelected. Please support your constituents, not opportunistic career politicians.

Butch
Voter
Taxpayer
Concerned Citizen
 
If you're looking for some help writing a letter, here is what I just sent (to assemblymember.gordon@assembly.ca.gov). Feel free to crib/adapt or forward. Try to point out the broader economic effects, and the fact that this is an ATTACK on the environment because of the effect it will have on EV development.

Assemblyman Gordon,
I run a leading electric vehicle company, BRD Motorcycles, based in San Francisco. Our first product, the RedShift electric motorcycle has achieved worldwide recognition and our company is projected to create over 100 jobs and 100s of millions in revenues in Northern California in the next 5 years. You may also be familiar with Zero Motorcycles, located in Scott's Valley. Our two companies are turning Northern California into the global center for electric motorcycle innovation, and along with Tesla and others are turning our area into the epicenter for the electric vehicle revolution.

For a variety of reasons, off-road motorcycles are an ideal platform for commercialization of electric drivetrains. The Hollister and Metcalfe OHV parks are one of our and Zero's primary resources for testing and development of these vehicles. A planned closure of these parks would be a significant enough event for BRD to reconsider locating our headquarters and manufacturing plant in the San Francisco Bay Area. There are many reasons to move our operations to Nevada or Utah, but the off-road riding and community keep us here. Closing these parks would be an attack on electric vehicles. Please consider the effect that closures of these areas will have not just on recreational riders, but the economic health of the area, and to the electric vehicle movement as whole.

Best regards,
-Marc Fenigstein

--
Marc Fenigstein | CEO & Co-Founder | BRD Motorcycles | www.faster-faster.com
 
Gordon's website rejected my emails.
 
I called all the committee offices. Results below:

Committee Members District Office & Contact Information

Richard S. Gordon - Chair Dem-21 Contact Assembly Member Richard S. Gordon
Capitol Office State Capitol, P.O. Box 942849, Sacramento, CA 94249-0021; (916) 319-2021

Against the Sustainable Parks proposal.

Betsy Butler Dem-53 Contact Assembly Member Betsey Butler
Capitol Office State Capitol, P.O. Box 942849, Sacramento, CA 94249-0053; (916) 319-2053

Talked with staff and left my opinion.


Jared Huffman Dem-6 Contact Assembly Member Jared Huffman
Capitol Office State Capitol, P.O. Box 942849, Sacramento, CA, 94249-0006 ; (916) 319-2006

Waiting for call back. I doubt he supports the Sustainable Parks proposal as he has AB 1589.


Brian W. Jones Rep-77 Contact Assembly Member Brian W. Jones
Capitol Office State Capitol, Room 4126, Sacramento, CA 94248-0001; (916) 319-2077

Against the Sustainable Parks proposal.


David G. Valadao Rep-30 Contact Assembly Member David G. Valadao
Capitol Office State Capitol, Room 2174, Sacramento, CA 94248-0001; (916) 319-2030

Against the Sustainable Parks proposal.


Bob Blumenfield - Dem. Alternate Dem-40 Contact Assembly Member Bob Blumenfield
Capitol Office State Capitol, P.O. Box 942849, Sacramento, CA 94249-0040; (916) 319-2040

Left message.


Jim Nielsen - Rep. Alternate Rep-2 Contact Assembly Member Jim Nielson
Capitol Office State Capitol Room #6031, Sacramento, CA 95814; (916) 319-2002

Talked with staff and left my opinion.


I was told by one office that the assembly is against the Sustainable Parks proposal. At least two of the committee members are active OHV enthusiasts :thumbup
 
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Gordon's website reject my emails.

Gordon is on our side. I spoke to an aide that remembered me from the last lobby day in Sacramento I went to. Should I post his email? i don't want to deluge the guy if he's already on our side. PM me?
 
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This seems positive...!

I called all the committee offices. Results below:

Committee Members District Office & Contact Information

Richard S. Gordon - Chair Dem-21 Contact Assembly Member Richard S. Gordon
Capitol Office State Capitol, P.O. Box 942849, Sacramento, CA 94249-0021; (916) 319-2021

Against the Sustainable Parks proposal.

Betsy Butler Dem-53 Contact Assembly Member Betsey Butler
Capitol Office State Capitol, P.O. Box 942849, Sacramento, CA 94249-0053; (916) 319-2053

Talked with staff and left my opinion.


Jared Huffman Dem-6 Contact Assembly Member Jared Huffman
Capitol Office State Capitol, P.O. Box 942849, Sacramento, CA, 94249-0006 ; (916) 319-2006

Waiting for call back. I doubt he supports the Sustainable Parks proposal as he has AB 1589.


Brian W. Jones Rep-77 Contact Assembly Member Brian W. Jones
Capitol Office State Capitol, Room 4126, Sacramento, CA 94248-0001; (916) 319-2077

Against the Sustainable Parks proposal.


David G. Valadao Rep-30 Contact Assembly Member David G. Valadao
Capitol Office State Capitol, Room 2174, Sacramento, CA 94248-0001; (916) 319-2030

Against the Sustainable Parks proposal.


Bob Blumenfield - Dem. Alternate Dem-40 Contact Assembly Member Bob Blumenfield
Capitol Office State Capitol, P.O. Box 942849, Sacramento, CA 94249-0040; (916) 319-2040

Left message.


Jim Nielsen - Rep. Alternate Rep-2 Contact Assembly Member Jim Nielson
Capitol Office State Capitol Room #6031, Sacramento, CA 95814; (916) 319-2002

Talked with staff and left my opinion.


I was told by one office that the assembly is against the Sustainable Parks proposal. At least two of the committee members are active OHV enthusiasts :thumbup
 
This just in from the AMA

California OHV Grant Program facing more cuts!
Take Action!

Contact your representative today!

Use this link for easy access to your representative

http://capwiz.com/amacycle/issues/alert/?alertid=61398686&queueid=

OHV Grant Program being slashed by more than 50 percent!!!
A proposal made by Senator Joe Simitian that slashes OHV grant funding by 50 percent is being considered by the California State Assembly on Thursday, May 31. If adopted, more than half of the funding for the US Forest Service, BLM, and many local county off-highway vehicle (OHV) parks will be redirected away from the state’s OHV Program.

This is not a loan but a taking of money which will never be repaid!
You must act immediately in order to make a difference and defeat the proposal! Call your state representative, as well as your local news outlets to let them know that this misuse of OHV funding is not acceptable and not appropriate. Most importantly, this action, if unchallenged, will lead to massive closures of USFS, BLM, and county OHV park lands. As history has shown, once an OHV area closes, it is rarely re-opened.

The OHV trust fund is fueled by taxes paid on gasoline used by OHV recreationists, and should be used to maintain OHV recreational opportunities. The OHV community has always acted responsibly and paid its own way, and has never depended on general tax monies or park bonds.
what right does the state assembly have to redirect funds collected directly from OHV recreation activities, and use them for any purpose other than to support OHV recreation?

Lastly, the proposal made by Senator Simitian is purportedly only to be in effect for the next three years. However, history has shown that just like OHV areas, once funding is lost, it never comes back. for proof, check out the state’s record on repaying loans from the OHV program--it simply doesn’t happen. The OHMVR Commission’s 2011 report shows that over $160,000,000 borrowed from the OHV Trust Fund is still awaiting repayment.
Act now and tell the state legislature "Hands off the OHV trust fund!"
 
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