We get it. You’re busy. You don’t have time to track every new policy, regulation, or potential law that could affect your outdoor hospitality business—but we do. National ARVC’s public affairs team is the gatekeeper, monitoring and protecting the outdoor hospitality industry. We work every day to eliminate burdensome regulations and help drive legislative outcomes that are in your business’s best interest.
National ARVC is proud to introduce our new quarterly advocacy update—AHA! Sent to members as a newsletter each quarter, this update will make sense of the often complicated legislative issues affecting our industry and provide you with aha! moments around advocacy that are relevant to you and the work we’re doing. You can expect a quick reference, easy-to-read report highlighting specific issues of importance to our industry each quarter. Together, we can utilize our collective voice to educate policymakers and proactively affect change.
3 AHA! MOMENTS
The things you must know for the last quarter of 2022
2023 is going to be full of bills. Like a lot of bills. Experts estimate 160,500.
Why is this important?
National ARVC is anticipating an increase in federal and state bill introductions and carryovers in 2023. This increase is due to all states being in legislative session, as well as a change in the complexion of the House and Senate following the midterms.
US HR 1100 Web Accessibility Compliance Standards
This common-sense legislation (HR 1100) would permit small businesses time (90 days) to cure or correct perceived deficiencies in their websites before being subject to a lawsuit.
There is growing support for the belief that serial lawsuits don’t encourage ADA Title III compliance and are unduly burdensome, especially for small business owners. It is our belief that legislation should be focused on eliminating the motivation for drive-by lawsuits to simply give the opportunity to remove barriers to accessibility, the intended focus of the ADA, before a lawsuit may be filed.
On June 8, 2022, Jeff Sims, Senior Director of State Relations & Program Advocacy, ARVC and Jaqueline Gloria, Senior Manager, Membership, ARVC met with bill sponsor Rep. Ted Budd’s staff on Capitol Hill to discuss a gameplan to move this much-needed legislation forward. We are currently waiting to see the complexion of the House following the midterm elections.
Why is this important?
Outdoor hospitality business owners and operators are being subjected to costly and time-consuming frivolous lawsuits. A cure period would give an owner time to rectify a website issue before a lawsuit can be filed.
What’s Next?
Following the mid-term elections ARVC will be working with our lobbyist to get sponsors for introduction of a similar bill in 2023 in both the House and Senate.
EV Charging Infrastructure Grant Opportunities for the Private Sector
On June 8, 2022, National ARVC President and CEO Paul Bambei and Senior Vice President, Membership and Marketing David Basler, met on Capitol Hill with the staff of Senator Martin Heinrich, who serves on the U.S. Senate Committee on Energy & Natural Resources, to generate support for EV charging infrastructure opportunities to include privately-owned outdoor hospitality businesses.
Private RV parks and campgrounds have a head start on the infrastructure that will be needed to expand the EV charging network. We believe the private sector of outdoor hospitality can play a vital role in the expedited expansion of the electric charging station network across the country.
Why is this important?
In year’s past government grants have eluded the private sector. National ARVC is attempting to level the playing field to include private outdoor hospitality businesses in federal and state EV funding opportunities.
THE W’S
Wins That Are Worth Bragging About
CISA Lists Outdoor Hospitality Businesses as Essential
Prior to the COVID pandemic very few people were familiar with the U.S. Cybersecurity and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security or the potential impact it could have on the RV park and campground industry.
At the outset of the COVID-19 pandemic, many state and local jurisdictions ordered mandatory business closures, under penalty of law, for all entities other than those deemed “essential businesses.”
Most Governor’s copied and pasted their state guidelines directly from the CISA guidance and in all, but a very few states closed down the RV parks and campgrounds because they were not listed as essential businesses in the guidance. Many of our partnering associations worked diligently with their Governors office to remove the closures for the industry in their state and some enlisted ARVC to assist in their efforts.
National ARVC lead the charge along with KOA advocating to get private outdoor hospitality businesses classified as essential businesses, and on June 7, 2022, that classification finally became official. CISA officially transitioned RV parks and campgrounds classification in the Commercial Facilities Sector from Outdoor Events to Lodging and simultaneously classified all temporary lodging, including RV parks and campgrounds, as essential.
Why is this important?
In the event of another pandemic or even natural disaster, if a Governor utilizes the CISA guidance for their executive orders, outdoor hospitality businesses are now listed under Lodging and should be considered essential businesses.
NCSL
Each year, the National Conference of State Legislatures (NCSL) brings together legislators and legislative staff for the Legislative Summit, the largest and most substantive meeting of its kind in the nation. The summit hosted over 5,000 attendees—including legislators, legislative staff, and government affairs professionals from across the country.
The Legislative Summit was held August 1 -3 2022 in Denver CO. National ARVC staff Paul Bambei, Jeff Sims and Jaqueline Gloria joined our coalition partners, the RV Industry Association (RVIA) and the National Marine Manufacturers Association (NMMA) in a booth promoting the outdoor recreation industry with a display that included a Bass Tracker boat and Winnebago Industries E-RV. This display provided an excellent backdrop for discussions with individual legislators.
The National ARVC delegation promoted issues surrounding inherent risks legislation, EV grant availability, the introduction and adoption of NFPA 1194 to state legislators, among other outdoor hospitality issues.
Why is this important?
The National Conference of State Legislatures (NCSL) is a unique opportunity to educate state legislators on issues impacting the outdoor recreation industry.
THE STATE OF THE STATES
Legislative Updates from Our State Executives
Arizona (AZARVC)
Arizona has two laws relating to the RV Park owners and their guests – The Long-Term RV Space Rental Act, which applies to renting spaces for park models and to any RV owner who has a rental agreement of more than 180 days, and the Commercial Act which applies to all other short-term space rentals. The new law applies only to the Long-Term RV Space Rental Act and allows a resident who has a disability to have one or more persons in their home to provide the necessary live-in health care, personal care or supportive services. However, the person must comply with the rules and regulations of the park, so if a park requires all adults to pass a criminal background check, the caregiver must do so.
Missouri (MARVC)
The Missouri Association of RV Parks and Campground has retained Kyna Iman as our lobbyist for the 2023 legislative session to seek tort reform legislation that would lower the statute of limitation for injury lawsuits from five years to two years.
South Dakota (SDCOA)
SDCOA’s 2023 Legislative Affairs Committee will be formed later this year. It’s a volunteer position available to our members. Responsibilities can be handled remotely, although in-person testimony provides the strongest impact.
The Board of Directors has several new bills to evaluate and prioritize for introduction. Each further protect the outdoor hospitality industry in South Dakota. SDCOA will monitor all bills that are introduced to determine whether a position is necessary.
Colorado (CCLOA)
CCLOA is visiting 350 Colorado campgrounds in September and October to spread the word about our legislative focus.
CCLOA saw what was achieved in South Dakota this past legislative session with their grassroots effort, and will follow a similar path to seek new laws to further protect Colorado’s outdoor hospitality industry.
Further direction will be outlined at the November Board Meeting, and again in January.
Participation on CCLOA’s Legislative Affairs Committee is voluntary, yet we hope to have a lengthy list of members serving on the Committee. Upon scheduling of a hearing, all members will be asked to participate, but the Committee members will have the deepest insight into each proposed bill.
There is also a list of bills on which we are expecting to take a position, as well as many new bills that will be introduced during the session. CCLOA will establish their positions as the legislative session draws closer.
Kansas (KPOA)
KPOA’s Board of Directors plans to create a 2023 Legislative Affairs Committee to evaluate several bills that will assist outdoor hospitality businesses with operations and management. Additionally, KPOA will also review the introduced bills of others to evaluate whether a position is needed.
Michigan (Camp Michigan)
Campground Limited Liability
HB 5862 was introduced by Representative Ken Borton on March 1st proposing to create a new act. The “Campground Liability Act,” would provide limited immunity to owners and operators of campgrounds (and their employees) from civil liability for personal injury or property damage related to risks inherent to camping.
HB 5862 remains in the House Judiciary Committee due to significant opposition from the Michigan Association of Justice and the State Bar of Michigan. Camp Michigan remains in support and is hopeful the bill can be taken up after the November general election.
Campground Permits
Building permits for campground expansion projects are required by all Licensed Campgrounds. The campground licensing program is administered by the Michigan Department of Environment Great Lakes and Energy. In recent years campground building permits are sometimes taking 6 months to a year or more for a campground owner to obtain. Camp Michigan is evaluating solutions to this problem.
Michigan State Parks
During the last two years, Michigan campground owners have learned that many people firmly believe campgrounds are a place they want to be during a pandemic. Michigan government owned campgrounds experienced the exact same thing. This has resulted in multi-millions of dollars being invested into state parks for infrastructure improvements. Federal COVID dollars have been appropriated to this effort along with grants from the Natural Resources Trust Fund. Camp Michigan, who’s members operate campground businesses must compete against government owned campgrounds and the free money available to them for upgrades. Camp Michigan is calling upon the Michigan Legislature to appropriate funds for privately owned campgrounds, making grants available for infrastructure upgrades including water and sewer, lake and stream improvements, roads, electric and vehicle re-charging stations.
Electric Vehicles
Michigan campgrounds are limited on what they can charge campers for electricity by Michigan Public Service Commission (MPSC). The MPSC only allows campgrounds to charge customers .15 per KwH for electricity. This rate results in either very little profit, break-even or at a net loss for the campground. In a time when apparently both government and automotive companies believe electric vehicles are the future, campground owners are expecting increased demand for electric charging stations for vehicles. Not only will the charging stations be expensive to develop and operate, no owner of a business can operate expensive services on a break-even or net-loss basis. Camp Michigan supports being able to provide services on a profitable competitive basis.
Connecticut
We had a very aggressive legislative agenda for the 2022 Connecticut legislative session. It was a short session, non-budget year, which poses a unique set of circumstances and challenges. Legislators are unable to raise individual bills of their own during a short session. All bills had to be presented and raised by committee and then submitted to House and/or Senate for further review and possible action.
- Inherent Risk and Campground Immunity. We put significant effort and laid the groundwork for this item during the last two sessions. We have written six different sets of language in hopes of finding support for our proposals. We feel very confident that we will finally have success in the 2023 session which starts in January. We continue to work closely with ARVC on this issue
- Revision of regulations regarding use of “Blue Boy” tanks (allowed in state run campgrounds but not allowed in private campgrounds.) We succeeded in getting a committee bill raised to allow the use of Blue Boy tanks in private campgrounds. It received a unanimous joint favorable report out of committee. as well as a unanimous bipartisan vote in both the House and the Senate. It was signed into law by the Governor on 5/23/22 and was effective immediately upon signing. This success was very significant when you consider that 1,244 bills were introduced in the 2022 session and only 328 were passed!
- Other Issues – We continue to work on enhanced and more definitive guest removal laws and clarification of trailer abandonment regulations.
Pennsylvania (PCOA)
HARRISBURG OVERVIEW:
The Pennsylvania General Assembly has about two months remaining in the current 2021-22 legislative cycle. All introduced bills have until the end of November (about 9 session days) to get through the legislative process and onto the Governor’s desk. If a bill does not make it across the finish line, it’s effectively dead and will have to be reintroduced next session.
BUDGET
A week past the June 30th constitutional deadline, the House and Senate passed the 2022-23 budget package and shortly after, the Governor signed his eighth and final budget into law.
It is a $45.2 billion plan and a nearly 3% increase in spending from last year’s budget. Once again, we are pleased to report that there are no increases in the state’s personal income or sales tax rates. While the plan relies on $2.2 billion in federal COVID dollars, Republicans put another $2.1 billion into the state’s Rainy-Day Fund, bringing the total balance up to $5 billion. Should the need arise, this level of funding would cover the state’s general fund expenses for approximately 43 days.
Some expenditures of note:
• $375 million to assist low-income homeowners and landlords with home projects;
• $250 million in onetime payments for long-term care facilities;
• $260 million in grants for law enforcement agencies to upgrade technology and prosecute gun violence; and
• $100 million for the new Behavioral Health Commission for Adult Mental Health (This is in response to the uptick in gun related violence).
ELECTIONS
Governor Tom Wolf is completing his second term this year. On November 8th, Pennsylvanians will be voting for the next Governor of the Commonwealth.
On the Democratic side, Pennsylvania Attorney General Josh Shapiro is the official nominee. On the Republican side, Senator Doug Mastriano (R-Franklin) prevailed from a crowded primary race and is now the official nominee.
According to recent Real Clear Politics poll, the gubernatorial race is a tight one. Josh Shapiro is leading by a slight margin at 46.7%; Mastriano at 40.7%. Another poll by Emerson says it’s even closer at 47% to 44%.
In addition to the gubernatorial race, all House district seats are up for election as well as half of the Senate districts (even numbered districts). Republicans currently hold the majority in both the House (113-89) and Senate (29-21).
Over 30 House members and 5 Senators will not be seeking reelection in November. And there is one retirement of particular interest to the campgrounds. After nearly two decades of dedicated service, House Tourism & Recreational Development Committee Chairman David Millard (R-Columbia) announced that he will be retiring.
When a new Chair is selected in January, we will make introductions and ensure that they are familiar with your industry and any potential legislative concerns.
LEGISLATION
Fireworks Legislation
Representative Frank Farry (R-Bucks) successfully advocated for the passage of HB 2157. The bill makes several changes to the Fireworks Law of 2017 including:
• Requires municipal permits to use display fireworks and allows for reasonable municipal fees;
• Requires a 300-foot setback when using display fireworks;
• Limits purchase, possession and usage of consumer fireworks to individuals 18 years and older;
• Allows for municipalities to require permits and reasonable fees for the use of consumer fireworks;
• Requires 150-foot use setback from all buildings and vehicles when using consumer fireworks;
• Maintains the current tax rate at 12%, however clarification is added to state that the purchase price shall not include state and local sales taxes;
• Allows for municipalities to prohibit consumer fireworks between 10:00 pm and 10:00 am, except on July 2nd, 3rd, and 4th and December 31st on which days use can be until 1:00 a.m. the following day. If July 4 falls midweek, use may occur until 1:00 a.m. on the immediately preceding and following Friday and Saturday;
• Increases penalties for violations of this law.
The bill passed the House and Senate and was signed into law as Act 74 of 2022 on July 11th, 2022. It took effect on September 9th, 2022.
Campground Cabin Construction
Last session, Representative Clint Owlett (R-Tioga) introduced HB 1501, which would exclude privately-owned campground cabins from the requirements of the PA Construction Code Act. Right now, only state park cabins are exempt from the UCC, so this bill would try to level the playing field.
We worked with the PA Campground Owners Association (PCOA) board members on a letter of support and shared it with committee staff. The bill was then put on hold and legislative focus turned towards managing the pandemic. Committee staff began discussions on the bill again later in 2020, but there were some outstanding issues with other stakeholders that needed to be worked out. So the bill effectively died at the end of the session.
Similar language was introduced by Representative Owlett this session as HB 251. It’s now waiting for consideration by the House Labor and Industry Committee. We will continue to work with committee staff as this bill moves forward.
Insurance Law
SB 539 (Laughlin, R-Erie): Amends the Insurance Company Law by clarifying that the following services fall within the scope of the current statutory definition of “service contract”:
• Repair or replacement of tires or wheels damaged by road hazards;
• Removal of dents or creases repairable by paintless dent removal;
• The repair or replacement of motor vehicle windshields as a result of damage caused by road hazards;
• Replacement of motor vehicle key-fob if it becomes inoperable or is lost or stolen; and
• Excess wear and use coverage on a leased vehicle.
This legislation will also authorize the sale of theft protection programs and the issuance of their warranties as non-insurance products, much like service contracts. And this legislation will also authorize guaranteed asset protection (“GAP”) waiver agreements as non-insurance products.
SB 539 was introduced and referred to the Senate Banking & Insurance Committee (4.9.21). So far, there has been no further movement.
Broadband Legislation
Broadband access has continued to be a top priority issue this session and several legislators introduced bills to address internet access throughout rural areas of the state.
Of note, Representative Marty Causer sponsored HB 2071. This bill amends Title 64 (Public Authorities and Quasi-Public Corporations) to create a Pennsylvania Broadband Development Authority, which would help create a state plan for addressing broadband expansion issues across the Commonwealth. The bill passed the House and Senate with unanimous votes and was signed into law as Act 96 of 2021 in December.
A month prior to its passage, the federal Infrastructure Investment and Jobs Act of 2021 was signed into law and provided every state with at least $100 million for broadband expansion. So now the Pennsylvania Broadband Development Authority can utilize these funds in their state plan.
Toll Roads
To address PennDOT’s intent to toll 9 bridges throughout the state, Senate Transportation Chairman Wayne Langerholc (R-Cambria) introduced SB 382 in March 2021. This bill reforms the Public-Private Transportation Partnership statute (Act 88 of 2012) by providing a clear, fixed notice requirement, public comment period, strengthening the General Assembly’s oversight, as well as voiding PennDOT’s bridge tolling initiative.
After months of pressure from stakeholders, Majority Chairman of the House Transportation Committee Tim Hennessey (R-Chester) held a stakeholder meeting. Over 10 stakeholders, including PCOA and PRVCA, presented testimony, noting strong opposition to the bridge tolling initiative because there was no legislative oversight over this proposal. They also voiced their concerns relating to the negative impact that additional tolls would have on the state’s tourism industry.
The bill was amended a couple of times in the House and Senate, but ultimately passed both chambers with overwhelming bipartisan support and was signed into law as Act 84 of 2022.
Simultaneous to the legislative fix, two lawsuits were filed pushing back on the plan: one from three Allegheny County municipalities and another from West Shore and Dauphin County municipalities. On June 30th, 2022, the Commonwealth Court of Pennsylvania decided to permanently block the bridge tolling plan. In the court’s decision they note: “The Board (P3 Board) essentially approved a multi-billion-dollar transportation project based on what was essentially a four-page PowerPoint recommendation from DOT that failed to delineate which, or how many, pieces of public infrastructure the Initiative would affect.”
We’ll keep you posted as all these issues progress. In the meantime, please reach out to us with any questions or concerns and we’ll be happy to help!
Indiana
2022 SUCESSES
Senate Enrolled Act 293 has been signed by Governor Holcomb and is now PUBLIC LAW 20. It contains language that places new restrictions on the sale of detached catalytic converters to automotive salvage recyclers. It requires automotive salvage recyclers to keep all records maintained and readily accessible and available to copy by an investigating or auditing employee of the secretary of state upon demand at the established place of business. An automotive salvage recycler may not purchase more than one (1) detached catalytic converter for cash per seller per day under this subsection.
Senate Enrolled Act 1073 was signed into law by Governor Holcomb and becomes effective July 1, 2022. It exempts RVs from a new law allowing civil action to be brought against manufacturers of converted motor vehicles who fail to correct defective conversions.
Senate Enrolled Act 343, the Campground Limited Liability bill signed by Governor Holcomb and is now Public Law 63 becoming effective July 1, 2022. It specifies that camping, canoeing, kayaking, tubing on a river, and winter sports are included in the definition of “agritourism activities”. The importance of this legislation is that the provider of these services would not be liable for an injury to, or death of, a participant in agritourism activities at their location if the death or injury results from the inherent risks of agritourism activity.
Senate Enrolled Act 301 concerning wastewater holding tanks in RV campgrounds has been signed by Governor Holcomb and is now PUBLIC LAW 43. It provides that a recreational vehicle campground that is not connected to a public sewer system may include one or more holding tanks in which wastewater from recreational vehicles is stored before processing. The law will allow campgrounds in flood plains to connect each individual campsite to a holding tank. Under existing law, campsites in a flood plain must have the camper take waste directly to the holding tank for dumping.
FUNNY YOU SHOULD ASK
What’s the difference between legislation and a regulation?
Legislation is law passed by a legislative body while regulation is a set of rules or guidelines issued by an executive body such as government agencies or regulatory boards in compliance with the law. National ARVC monitors both legislative and regulatory issues daily.
