RV Industry Association State Team Lays Out Policy Priorities For 2022

The role of the RV Industry Association’s state government affairs team is to protect and promote the RV industry in state legislatures and regulatory agencies by advocating on behalf of the RV industry. In 2022, the key state priorities including preserving the industry’s ability to get plans approved in the two states which still have RV codes in place, fair and balanced treatment of manufacturers and suppliers under franchise laws, encouraging campground modernization and expansion, establishing outdoor recreation offices, providing a voice for manufacturers and suppliers on critical environmental issues, and guarding against encroachment on the industry’s RV standards to ensure continued self-regulation.

RV Plan Approvals

In Nebraska and Washington, manufacturers have run into several issues getting plans approved to allow certain RVs to be eligible for a state seal, a requirement for selling to dealers in those states. In Nebraska, the definition of fifth-wheel travel trailers sets a limit of 430 square feet in the set-up mode, thus causing the Public Service Commission not to approve any plans for fifth-wheels over that size. Many manufacturers have begun making larger fifth-wheels following the RV Industry Association Board decision in 2020 to remove the square foot limitation from its program requirements for manufacturers. Legislation initiated by the state government affairs team to remove that limitation from the definition in Nebraska Code has been introduced and approved by the Nebraska Transportation Committee. It was approved for its first reading on the floor unanimously and should gain final approval soon.

In Washington, critical manpower shortages at the state Department of Labor and Industries have resulted in a backlog of more than 2,000 plan approvals at one point. Many of those plans in the backlog were RV plans submitted by RV manufacturers. Plan approval by the state of RV plans is needed for those unit floor plans to be sold within the state by Washington state RV dealers. The state has implemented an emergency rule using outside “Licensed Professionals” to expedite the backlog and focused on hiring more staff. RV Industry Association government affairs and standards staff have had, and will continue to have, meetings with the Department of Labor and Industries to make sure the RV industry is well represented with the state and aware of the dynamic situation.

Franchise Laws

In many states, RVs are covered by automobile franchise laws even though auto dealers and RV dealers operate under very different business models. Unlike the automobile industry, there are no true franchises in the RV industry. The unique character of the RV sales and distribution model is based on one-dealer-to many-manufacturers, versus the auto industry’s one-dealer-to-one-manufacturer model. Furthermore, the RV industry is not vertically integrated among manufacturers, parts, and suppliers like the auto industry, which creates a substantive difference in warranty obligations between the two industries.

When the RV dealer/manufacturer relationship is captured and included in the auto industry franchise laws the result is a misfit. Enacting an RV-specific law, such as the model law negotiated and agreed to by the RV Industry Association and the national RV Dealers Association, means the RV industry is not out of compliance with inapplicable auto franchise laws. RV-specific laws allow the RV industry to pursue its business model without interfering in the auto industry. It also provides consistency for manufacturers to develop and manage dealer agreements across the states.

Campground Modernization and Expansion

Campground modernization, particularly as it relates to RV camping, is needed throughout state and local campground systems. Although many states have begun modernizing their campgrounds, there are still many campgrounds that were not built or equipped to handle today’s motorhomes and travel trailers.

The demographics of the next generation of campers, which includes a diverse mix of Millennials, minorities, and urban residents, is also creating a shift in expectations and uses of RV campgrounds. For example, many who enjoy outdoor recreation also want modern, full-service amenities and the ability to share resources with each other. They prefer to use digital means to access reservations, schedule activities, obtain equipment, and more. RV campgrounds must meet those expectations to remain a relevant source of recreation experiences for current and upcoming generations. Our public campgrounds are in danger of becoming irrelevant without important improvements that will maintain them as favored destinations.

State Offices of Outdoor Recreation

Outdoor recreation currently accounts for 1.8% of the U.S. GDP and supports more than 4.3 million jobs—but this powerhouse sector of the economy has the potential to grow even larger when states focus on strategically growing the outdoor recreation economy in their state. Offices of Outdoor Recreation (OREC) do just that by bolstering outdoor recreation business opportunities while helping to conserve and provide access to the iconic public lands that millions of Americans enjoy each year.

OREC offices play a critical role in increasing outdoor recreation participation by working with local communities to improve infrastructure, coordinating recreation efforts statewide, and promoting the benefits of engaging in outdoor recreation among the citizens of their state. These offices have proven to be exceptionally effective at encouraging increased participation in outdoor recreation and that means a stronger economy.

State Environmental Issues

Lead by California and its Air Resources Board (CARB), several states are looking at phasing out internal-combustion engines and requiring all vehicles to be zero-emission vehicles by a certain date, generally 2035 although a couple of states are looking at 2030. California also approved a new regulation on small off-road engines (SORE), which includes the engines which power RV generators, that will require these engines to be zero-emissions by the 2028 model year and will impose new evaporative emission standards beginning in model year 2024.

The RV Industry Association put together a coalition of suppliers, manufacturers, and dealers which testified before CARB at their December 2021 hearing in opposition to the proposed regulation. Despite these efforts to have RV generators exempted from the regulation, the 2028 ban was approved by the Board as proposed by CARB staff. However, the resolution was modified at the hearing to reflect the RV industry’s concerns.

The education that the Association and the other stakeholders did with CARB members and staff prior to the hearing did result in several Board members expressing worry about the challenges that lie ahead for the RV industry in complying with the ban. The Board did direct staff to report annually on the status of compliance and the progress being made (or not being made) in developing zero emission solutions. Staff was also directed to issue a more detailed technology readiness assessment in the 2025-2026 timeframe. If this technology readiness assessment finds that the technology needed for compliance in 2028 is unlikely to be available, consideration will be given to adjusting the timeline.

Earlier this month, the supplier of the overwhelming majority of RV generators sent letters to RV manufacturers indicating that it was unlikely to have any gas-powered generators available for 2024 that would be able to meet the new CARB standard; diesel-powered generators were not included in the regulation and will thus not be affected. This could mean that RV manufacturers will no longer to be able to ship any RVs with gas-powered generators to dealers in California for sale in that state. California residents wishing to purchase an RV with such a generator would be forced to buy in other states. The RV Industry Association will continue to lead the effort to exempt fixed-mount RV generators from these draconian regulations.

Safeguarding the RV Standards

A key to the RV industry’s long-standing self-regulation approach has been the successful maintenance of RV standards by external organizations, including the National Fire Protection Association and the American National Standards Institute. Makers of products other than RVs, such as tiny home manufacturers, recognize the value of these standards and have suggested legislation that would allow these standards to apply to their products. The state government affairs team watches for these types of bills and opposes them vigorously.

For example, in Colorado the state government affairs team was able to step in on a pre-filed bill and not allow the RV standards to be used as permanency residency standards, as the legislation would have allowed. By contacting the bill sponsor and explaining what the standards are and what they are designed to do, the sponsor confirmed that “RV residence” and all of its mentions throughout the legislation have been removed. It is critical to keep the bright line between housing and RVs and defending the standards from being used improperly is key to keeping that line bright.

For more information on these state government affairs priority issues, contact Michael Ochs at mochs@rvia.org.