Bill Analysis

BILL ANALYSIS

BILL NUMBER:	Senate Bill 0097
TOPIC:	Increase Maximum Wheel Base of Vehicles Allowed on Trails
SPONSOR:	Senator Garcia
CO-SPONSORS:	Senators Goschka and Van Woerkom
COMMITTEE:	Transportation
Analysis Done:	02/22/05

POSITION

Opposed. This effort would require significant time, planning and expense above and beyond the normal funding and maintenance performed by volunteers through the ORV grant program. Trail managers and trail riding interest groups are concerned that trail widening may diminish user satisfaction and increase negative resource impacts such as erosion and vegetation destruction.

PROBLEM/BACKGROUND

Reintroduction of Senate Bill No. 110 (Introduced January 29, 2003, by Senators Garcia and Leland).

DESCRIPTION OF BILL

Senate Bill 0097 would amend Part 811, "Off-Road Recreation Vehicles" (ORV) of the Natural Resources and Environmental Protection Act, 1994 PA 451, by amending Sections 81101 and 81123 (MCL 324.81101 and 324.81123) to:

· Redefine the definition of "Forest Trail." It would increase trail width from less than 50 inches to 57 inches, or less.

· Remove current date reference in statute (Section 81123) for completion of comprehensive plan and designation of scramble area(s) in the northern Lower Peninsula and Southeast Michigan.

SUMMARY OF ARGUMENTS

Pro

This bill would provide additional off-road trail riding opportunities for vehicles 57 inches in width, or less.

Con

From its inception, the ORV trail system was intended, designed and designated for vehicles less than 50 inches in width. If this legislation is passed, virtually every ORV trail in the State would have to be widened. This work would include tree and stump removal and, in many circumstances, actual trail bed construction.

FISCAL/ECONOMIC IMPACT

Are there revenue or budgetary implications in the bill to the --

(a) Department

Budgetary:

None.

Revenue:

None.

Comments:

This legislation will have significant impact on the program of the Department. This bill would require widening over 1,709 miles of designated State Forest trails, and 466 miles of National Forest trails to accommodate vehicles greater than 50 inches in width.

(b) State

Budgetary:

$5.4 million.

Revenue:

None.

Comments:

Trail managers estimate approximately $5.4 million dollars would be needed to accomplish initial trail widening efforts.

This is a conservative estimate based on the following assumptions:

· Approximately twenty five percent (25%) of the trail system would require significant trail widening.

· Contracts for tree removal, trail bed construction, bridge and culvert improvement would be required.

· Field verification and environmental assessments by Department staff is needed in order to determine actual needs and budget implications.

· Real costs may be higher or lower based on field verification.

(c) Local Government

Comments:

None.

OTHER STATE DEPARTMENTS

N/A

ANY OTHER PERTINENT INFORMATION

The Department facilitates access to State lands for recreation by vehicles greater than 50 inches in width. Current practice allows these vehicles to travel on:

· 380 miles of designated ORV routes in the northern Lower Peninsula.

· 2,198 acres of ORV designated scramble areas in the northern Lower Peninsula (i.e. Silver Lake State Park, St. Helen Motorsport Area).

· 165 miles of designated ORV routes in the Upper Peninsula.

· 2,376 miles of State Forest roads in the Upper Peninsula.

· 7,000 miles of National Forest roads in the Upper Peninsula.

ADMINISTRATIVE RULES IMPACT

While this legislation would have minimal implications on Administrative Rules, it would supercede current rules that define minimum width of "Forest Trail".

_______________________________

Rebecca A. Humphries

Director

03/31/05

Date

FMFM/LE