The third quarter has brought its fair share of challenges and upheaval, with even more change to come. It all kicked off in August at the National Conference of State Legislatures (NCSL) Summit in Louisville, KY, where over 5,300 attendees gathered, including legislators, lobbyists, and government professionals from across the nation. OHI’s focus at the event was on promoting key legislative initiatives such as the Inherent Risk of Camping, Guest Ejection, and the adoption of NFPA 1194. Matt Rose of IMHA-RVIC and ICOA joined us for his first NCSL experience, where he shared, “I was thrilled to be invited to participate… and enjoyed learning more about how OHI advocates for campgrounds and RV parks.”
What have we done? And what can you do?
In the first nine months of 2024, OHI has reviewed 7,384 legislative and regulatory issues that could impact the Outdoor Hospitality Industry. You can track these bills and regulations at the federal and state levels through OHI’s Advocacy Center. Additionally, OHI and CARVC are currently pushing North Carolina leaders to include RV parks and campgrounds in the ReBuild NC Homeowner Recovery Program following the devastation of Hurricane Helene. Now, as we head into the fourth quarter with new state and federal leadership on the horizon, we encourage you to get involved and make your voice heard. Rest assured, OHI will continue advocating for the Outdoor Hospitality Industry, as always.
Ready to get involved? If you are an NC resident, visit OHI’s Advocacy Center to learn how to send a message to NC lawmakers on behalf of all RV parks and campgrounds Hurricane Helene recovery efforts and make your voice heard. Helene Business Recovery Loans are also available, administered by Mountain BizWorks and made possible with support from The Golden LEAF Foundation, and an expanding list of other partners. For more information and to apply, click here. And to donate to the OHI Foundation’s Hurricane Helene relief efforts, click here.
3 AHA! Moments
The things you must know for the third quarter of 2024
Fighting to Keep Your Small Business Deduction
OHI is working with the NFIB to make the 20% Small Business Deduction permanent which is currently set to expire on December 31, 2025. More information soon in OHI’s Action Center.
Paving the Way for Guest Ejection Laws in 2025
Guest ejection legislation is set to be introduced in the 2025 state sessions for Arkansas and Minnesota, with efforts underway to provide campgrounds greater authority over managing disruptive guests.
Addressing the Spectrum Wi-Fi Concerns, An Open Letter
Outdoor hospitality businesses nationwide are facing potential Wi-Fi service terminations from Spectrum, and OHI is actively working to find a solution. Read an open letter from OHI President & CEO Paul Bambei for more details on this situation here.
THE W’S
Wins That Are Worth Bragging About
A Big Win for North Carolina Parks with the Passing of NC SB 166
On March 19, 2024, OHI and CARVC advocates attended a public hearing in Raleigh, where they pushed back against a problematic interpretation of the National Electric Code that required RV parks to modify their electrical pedestals with a Class A GFCI device. This change was causing breakers to trip, leaving campgrounds without electricity and forcing some to close their doors. Thanks to the hard work of CARVC members, including former President Adam Smith, the new legislation, NC SB 166, was passed on September 11, 2024, sparing campgrounds from costly disruptions. For receptacles installed in recreational vehicle site equipment, ground- fault circuit-interrupter protection shall only be required for 125-volt, single-phase, 15 and 20-ampere receptacles. We’ll keep an eye on any legislation that could impact NC and SC campgrounds moving forward.
OHI Joins Forces with the Merchant’s Payment Coalition
OHI is collaborating with the Merchant’s Payment Coalition (MPC) to push for the Credit Card Competition Act, aiming to reduce those pesky credit card swipe fees.
QUICK BITS
Bite-sized Insights and Watchworthy Finds
Consumer Product Safety Commission – Important Product Recall Information
The U.S. Consumer Product Safety Commission (CPSC) has issued the following notices:
- The US Consumer Product Safety Commission has issued a New Product Safety Recall. TOPINCN Pool Drain Covers Recalled Due to Entrapment Hazard; Violation of the Virginia Graeme Baker Pool and Spa Safety Act; Sold Exclusively on Amazon.com by Sanure. You can review the recall details here.
THE STATE OF THE STATES
Legislative Updates from Our State Executives
Arizona (Arizona OHA)
Onsite Wastewater Permit Addendum Requirements
Effective Sept. 14, 2024, ADEQ is required by the Arizona Legislature to authorize onsite wastewater treatment facilities with design flows between 3,000 and 75,000 gallons per day under ADEQ’s onsite wastewater general permitting program.1
What are the new requirements?
The new requirements under Arizona Revised Statute (A.R.S.) § 49-245 are as follows:
• Facilities with a design flow greater than 3,000 and less than 75,000 gallons per day may discharge under our existing general permits if the facility complies with existing general permit rules and is operated by a service provider that is certified by the technology manufacturer.
• ADEQ is now required to include an addendum to general permit authorizations that requires facilities to conduct maintenance, monitoring, recordkeeping and reporting in addition to the requirements of the general permits.
• ADEQ may require a facility, or a site with multiple facilities, with cumulative design flow of 50,000 gallons per day or more to provide adequate financial assurance as part of the addendum to the general permit authorization.
How will ADEQ implement the new requirements?
ADEQ is prepared to fulfill the mandate in the following manner:
• ADEQ is implementing additional requirements to Notice of Intent (NOI) applications and Discharge Authorizations relative to the addendum requirements in A.R.S. § 49-245(E). The additional requirements prescribed are based on design flow for the facility and will be incorporated into the Discharge Authorization. The addendums’ categories are:
• 4.23 General Permit Addendum: Addendum for facilities from 3,000 to less than 24,000 gallons per day
• 4.23-Plus General Permit Addendum: Addendum for facilities from 24,000 to less than 75,000 gallons per day
• The addendums require compliance with existing general permit rules, i.e. compliance with R18-9-E323 (4.23 General Permit: 3,000 to less than 24,000 Gallons Per Day Design Flow), in addition to specific requirements set forth in A.R.S. § 49-245.
• In the 4.23 General Permit Addendum: The applicant must comply with all requirements of R18-9-E323 plus the additional requirement in A.R.S. § 49-245(E) for the facility to be operated by a “service provider that is certified by the technology manufacturer.”
• In the 4.23-Plus General Permit Addendum: The applicant must comply with all requirements of R18-9-E323 plus the additional requirements established under A.R.S. § 49-245(E) for “maintenance, monitoring, recordkeeping and reporting.” The requirements in the addendum are baseline requirements applicable to all 4.23-Plus permittees to which we may add additional requirements in the Discharge Authorization based on site-specific conditions.
• Under the 4.23-Plus General Permit Addendum, the agency may require facilities, or a site with multiple facilities, with a cumulative design flow of 50,000 gallons per day or more, or a site with multiple facilities with a collective design flow of 50,000 gallons per day or more, to demonstrate adequate financial assurance.
Starting Sept. 14, 2024, an applicant must comply with the changes under A.R.S.
§ 49-245 to receive authorization under the general permit program. The addendum requirements will be integrated into the applicable NOI applications and Request for Discharge authorizations on ADEQ’s website.
What is the impact of the addendum requirements?
ADEQ is issuing the two addendums in order to adequately address the new statutory requirements and provide a pathway for delegated local authorities to maintain control over existing permitting programs.
The two addendums break out the new requirements into what is necessary and appropriate for 4.23 general permits for facilities between 3,000 and less than 24,000 gallons per day, and what is necessary and appropriate for facilities with larger flows between 24,000 and less than 75,000 gallons per day. Some requirements are applicable to both addendums, whereas some enhanced requirements are only reasonably applicable to the larger design flow addendum, the 4.23-Plus General Permit Addendum.
The counties with delegated authority to administer and permit 4.23 general permits may retain their delegation and must, additionally, administer and permit the 4.23 General Permit Addendum. However, we will maintain sole authority over the administration and permitting of the 4.23-Plus general permit.
Where are the addendum requirements?
The addendum requirements will be available on ADEQ’s website starting tomorrow, Sept. 14, 2024.
Onsite Wastewater Treatment System
Type 4.02 – 4.23 General Permit (GP) >
1 Pursuant to House Bill 2195 and the resulting updates to A.R.S. § 49-245
To see the entire bill, go to https://apps.azleg.gov/BillStatus/BillOverview?SessionID=128
Susan Brenton, Executive Director
Colorado (CCLOA)
The Colorado Campground & Lodging Owners Association spoke as a proponent for one development case at county meetings. The local community spoke in such strong and fierce opposition that we had members and even campers request we speak in defense of campground businesses and in defense of RVers.
Our presence was highly unusual, since many county officials prefer state-wide associations remain out of the local hearings. What’s most typical is that we supply facts, industry insight, business logic, statistics, and so forth with the owner/developer. In other words, we support them in the removed background as they stand before their local authorities.
In this particular case, with the path this developer had traversed, we were asked to be present for two hearings. The outcome was favorable for the developer, and for that we’re grateful.
Mary Arlington
Indiana (IMHA-RVIC + ICOA)
IMHA-RVIC + ICOA is working on drafts of legislation to be introduced in the upcoming legislative session.
RV Manufacturer/Dealer Agreement bill
Among other provisions, this bill would protect and reimburse an RV dealer from expenses incurred from recalls or defects that would prevent an dealer from selling an RV. A written Manufacturer / Dealer agreement would further define the business partnership, protecting both parties and Indiana’s RV Consumers.
RV Sales Tax Exemption bill
This bill will make it easier and cheaper for out-of-state consumers to purchase an RV in Indiana. 42 states have a reciprocal sales tax agreement with Indiana, where sales tax is paid where the vehicle is titled. If a consumer from the remaining eight states chooses to purchase an RV from an Indiana dealer, they must pay Indiana sales tax, even though they do not intend to title, store or principally use their RV in our state. This legislation would keep out-of-state purchasers from all 50 states from paying Indiana sales tax.
Matt Rose, IMHA-RVIC
Maryland (MAC)
Happy to report no big scary updates! Not even a small one. As you know better than most, when it comes to politics, sometimes that’s a good thing.
Because we are a small organization, without the funds to hire a lobbyist to represent us, MAC is a long-time member of the Maryland Tourism Coalition (mdtourism.org). I’m a “past everything” with MTC, and continue to serve on their Legislative Committee (the dinosaur on the group!). We just went over our legislative pillars for the upcoming year. Currently for 2024 they are:
• We support tourism marketing funding
• We support tourism-based businesses in Maryland
• We support the state’s local Destination Marketing Organizations
• We support special legislation that directly impacts sectors of tourism: MTC Represents multitudes of large tourism sectors such as hotels, wineries, breweries, campgrounds, sports, restaurants and retailers. If there are initiatives being led by a certain group, MTC will evaluate the initiative and will provide support if it is determined to benefit tourism overall.
Deb Carter, Executive Director
Massachusetts (MACO)
MACO did just have a meeting on Monday (09/16/2024) to discuss our 2025 show schedule and advertising plan, but nothing legislatively is on our radar.
Cynthia Zbierski, President/CEO
New Jersey (NJCOA)
Here are the bills we are actively involved in with our lobbyist. There are companion bills for each of these.
Bill: A4446 Summary: Requires notification of pet presence in seasonal rental unit.
Bill: S3195 Summary: Prohibits food service businesses frim providing single-use plastic utensils and condiments to customers, except upon request, and require certain food service businesses to provide reusable, washable utentsils to customers eating on site.
Bill: A3521 Summary: Establishes occupational heat stress standard and “Occupational Heat-Related Illness and Injury Prevention Program” in DOLWD.
Joann DelVescio, Executive Director
South Dakota (SDCOA)
The members of the South Dakota Campground Owners Association are still in their busy tourism season but will soon be winterizing and then recovering! Today (9/19), our advocacy committee was sent their first issue to evaluate, so we are just clearing the dust from our processes. Given the upcoming election, we’ll expect a quiet autumn until mid-November.
Mary Arlington, Executive Director
Virginia (VCA)
In Virginia, SB26, which was introduced by state Senator Bill Stanley of Moneta, Virginia, went into effect on July 1, 2024. This bill, supported by the Virginia Campgrounds Association and the Virginia Restaurant Lodging and Travel Association, provides much-needed clarity that will protect campground guests and campground operations. The bill makes clear that laws surrounding drinking or offering another person a drink in public do not apply when conducted on the premises of a private campground. The bill gathered no opposition in its work through the legislative process, and is now in effect, protecting Virginia’s campers and campground owners.
Hilton Snowden, Executive Director
All Those Little (And Big) Questions You’ve Got, Answered
What is a Whip in Congress?
In the U.S. Congress, the Republican and Democratic parties use the role of a whip to align party members around a shared legislative agenda.
A party whip is a member of party leadership in both the Senate and the House of Representatives. Both the Majority Whip and the Minority Whip seek to align rank-and-file members of their political party around a shared agenda and way of voting. Specifically, the party whip coordinates with other party leaders to make sure that all of their lawmakers vote the same way on a specific piece of legislation. The name “whip” comes from the fox-hunting term “whipper-in,” the person who corrals foxhounds.