Commissioner Lara unveils next steps in his strategy to expand coverage options for Californians in areas of high wildfire risk First-ever wildfire risk map showing where insurance companies need to write more coverage LOS ANGELES — Insurance Commissioner Ricardo Lara today released further details of his transformative plan to increase the writing of homeowners and commercial insurance policies in areas of the state with high wildfire risk. This action is the next step of his Sustainable Insurance Strategy that will help restore coverage options for Californians across the state while safeguarding the integrity of the state’s insurance market. Commissioner Lara is keeping California on course for the most significant insurance reform in 30 years by releasing regulatory text outlining the commitments that insurance companies must make in order to use forward-looking catastrophe models for ratemaking. The release of this regulatory text and announcement of a June 26 public workshop is part of the package of regulatory language designed to incorporate the use of catastrophe models in California ratemaking. “Californians in every corner of our state are frustrated with outdated regulations and desperate for change,” said Commissioner Lara. “Whether you live in the Sierra or the foothills, along the coast or in a city, California is not a 'one-size-fits-all' place, and we need to be inclusive. We are enacting a major reform that will result in insurance companies writing more policies, so if you are stuck on the FAIR Plan because of your unique wildfire risk, there will be help for you.” Under Proposition 103 enacted by voters in 1988, insurance companies are legally free to choose where they will write policies in California. As a result, insurance companies are writing more and more in areas of the state deemed less risky, especially with the continued threat of climate change. This most affects residents and business owners in areas with wildfire risk where the California FAIR Plan has become the only option for insurance, not the last resort as it was intended. Under Commissioner Lara’s strategy, insurance companies will be allowed to use forward-looking catastrophe models if -- and only if -- they increase writing of policies in these wildfire distressed areas, helping fix a fundamental shortcoming of Prop. 103. “We are addressing this crisis of insurance availability head-on. For the many Californians who live anywhere where wildfires are a threat, my Strategy will increase their options while requiring insurance companies to take their wildfire safety actions seriously,” continued Commissioner Lara. “This builds on my first-in-the-nation Safer from Wildfires regulation by requiring insurance companies take into account wildfire mitigation efforts at the individual property, community, and regional level.” Under this regulatory package, insurance companies must detail where they are writing policies in submitted rate filings and the Department will use its existing enforcement authority to hold them accountable. Insurance companies using catastrophe models also will be required to take into account the steps taken by policyholders to mitigate wildfire risk. “Technology is harming consumers not helping them when it comes to making insurance more available and affordable. I commend the Department for insisting that there be a tangible benefit for consumers,” said Amy Bach, Executive Director of United Policyholders, a non-profit 501(c)(3) organization founded in 1991 that informs and advocates for insurance consumers across the country. “The Department is intent on this being a two-way street where consumers are better served. We need a public model as a benchmark and strong regulations to prevent overcharges and unfair underwriting practices.” First-ever insurance map shows where increased coverage is needed As part of today’s announcement, the Department released a statewide map that it developed showing areas where wildfire risk and FAIR Plan policies are concentrated. With this map, insurance companies will have direct knowledge of where they need to write more policies in the state in order to utilize catastrophe modeling in their rates that are subject to Department approval. The Department took a hybrid approach due to the state’s large population and complex geography. The Department used insurance data first to identify ZIP Codes in areas of wildfire hazard where more than 15% of policies are written by the California FAIR Plan, the state's insurer of last resort, as well as ZIP Codes where incomes are low and but insurance premiums are high, namely above $4 per $1,000 of coverage. To be more inclusive, the Department also identified counties where greater than 20% of policies are considered high risk by a review of that county’s aggregate fire risk scores. Finally, as part of new growth benchmarks, insurance companies must take FAIR Plan policies facing wildfire risk from more urban areas. The map aligns with recent work by CAL FIRE identifying fire hazard zones where mitigation resources are targeted, thus amplifying those efforts. The Department will update this information from time to time but no less than once every year. “This type of coordination and alignment between state agencies is a critical part of our success in preparing communities for wildfire,” said State Fire Marshal Daniel Berlant. “Commissioner Lara’s work aligns with CAL FIRE’s wildfire mitigation efforts and builds on major investments the state is making to protect residents.” Insurance companies must write more policies This hybrid approach enacts an agreement that Commissioner Lara reached with insurance companies last year to cover at least 85% of properties in distressed areas. The new regulatory text also recognizes the complexity of California’s insurance marketplace which is made up of large and small companies, including some serving geographical regions with fewer homes at risk of wildfires. Larger insurance companies with a major presence in distressed areas will need to write no less than 85% of properties within two years of a rate filing being adopted and report their progress to the Department. Companies already meeting the threshold will be required to maintain those policies in force for three years. Smaller companies, new entrants, and companies that largely write outside of wildfire risk areas and cannot meet the 85% requirement will need to expand their writings by at least 5%. Companies will be able to craft plans subject to the Department’s review and approval that expand policy writing in areas of wildfire risk anywhere in the state, helping all parts of California benefit from greater insurance options. Commercial insurance companies will need to increase coverage by 5% in wildfire distressed ZIP Codes statewide, which will increase coverage options for farms and wineries, homeowners and condo associations, and other businesses. “California Farm Bureau members applaud Commissioner Lara's continued commitment to restore competition to the insurance market by bringing insurers back to write residential and commercial policies in our state,” said Shannon Douglass, President of the California Farm Bureau. “Competition is the first step to guide the market to a place where pricing reflects ongoing wildfire mitigation efforts undertaken by Californians, including by our farmers and ranchers who work to remove fuels and safeguard properties. Our productive agricultural lands provide important buffers that can reduce the risk of catastrophic fire events. We hope our members can obtain comprehensive, affordable coverage through improved insurance offerings that recognize their contributions to protecting California from wildfires.” Continued progress toward enacting transformative insurance reforms The regulatory text that Commissioner Lara announced today is part of his Strategy enabling insurance companies to use “forward-looking” catastrophe modeling in rate making when they commit to writing and maintaining more policies. This is a companion to draft text that he released in March before receiving public input at an April workshop. Following the public workshop on June 26, the Department will review public input before issuing the full catastrophe modeling regulation for adoption by year end. Commissioner Lara detailed another part of his Strategy in February when he published a “complete rate application” regulation that creates clarity in the rate review process for all participants. This regulation is a critical part of reducing unnecessary delays that can cause rate filings to take more than a year. This regulation holds insurance companies accountable for providing the complete information that the Department needs to make informed and timely decisions on these filings, and also helps prevent delays caused by intervenors raising issues not relevant to the rate review process. The Department plans to introduce another major part of the Strategy with proposed regulation text in July to allow insurance companies that take on greater risks in California to incorporate a reinsurance cost component in their rate filings to cover those risks. That same month, Commissioner Lara also plans to require the FAIR Plan to increase coverage to $20 million per structure for larger homeowners’ associations, condo associations, farms, and other businesses. He also will require the FAIR Plan to have a sounder financial sustainability structure. “We have been surviving with 20th century regulations for 21st century problems. We are compressing decades of deferral and delay into a one-year timeline of action,” Commissioner Lara told the Assembly Insurance Committee on May 15. “We have to remain flexible. We have to be responsive. The lesson of the past is that we cannot be locked into another 30 years of stagnant regulations.” # # # Media Notes:
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by Mike Harrison, COO at CRR Hospitality As an RV park owner, your commitment to RV Park Safety is not just about following regulations—it's about creating trust and ensuring every guest enjoys a secure camping experience. You know the importance of enhancing guest security, which is why you're always looking for the best safety tips and practices. In today's environment, where safety is more important than ever, you can become a leader in providing exceptional campground security. Here are the most Frequently Asked Questions regarding RV park safety: Park Safety FAQ Q: What are practical tips for enhancing guest security at an RV park? A: Enhancing guest security includes implementing regular safety inspections, ensuring adequate lighting, maintaining surveillance systems, offering safety education to guests and staff, and having clear emergency procedures in place. It's also beneficial to encourage a community-focused approach where guests look out for one another. Q: How significant are safety inspections for an RV park? A: Safety inspections are crucial as they help identify potential safety hazards and maintenance issues. They ensure emergency equipment is functioning correctly and promote a culture of safety within the RV park. Q: What RV park safety guidelines and regulations should be followed? A: RV parks should adhere to the National Fire Protection Association (NFPA) standards for fire safety, Environmental Protection Agency (EPA) protocols for drinking water and sewage system management, and state and local regulations regarding waste management and environmental protection. Q: What should be included in an RV park safety checklist? A: An RV park safety checklist should cover infrastructure inspections, ensuring amenities and facilities are secure, having an emergency plan ready, and maintaining both guest and employee safety through clear rules and education. Q: Why are regular RV park safety audits important? A: Regular safety audits are vital to remain compliant with safety regulations and to promptly identify and address any hazards. They also provide reassurance to guests that their safety is a priority. Q: What training should be provided for RV park staff and guests? A: You should provide comprehensive safety training covering topics like emergency preparedness, fire safety, first aid, and response plans for different scenarios, such as natural disasters or health emergencies. An emphasis on clear communication of safety guidelines also ensures that everyone understands how to maintain a safe environment. Q: How can RV parks ensure effective emergency preparedness? A: By developing detailed emergency plans, providing appropriate response equipment, keeping emergency contact lists up-to-date, and securing potential hazards. Regular drills to test the procedures are also beneficial to ensure swift action when necessary. Q: What strategies can prevent theft of RVs and belongings? A: Theft prevention can include implementing lock systems and security measures, having security patrols, fostering a sense of responsibility among guests, and encouraging a community watch approach for added vigilance. Q: How does building an inclusive RV park community enhance safety? A: An inclusive community encourages neighbors to form relationships that enhance monitoring and security. People tend to be more observant and report suspicious activity when they feel involved and responsible for their community. Q: Why is it important for RV parks to have well-lit and monitored environments? A: Well-lit and monitored environments help guests navigate the park safely at night and act as a deterrent to crime. Surveillance measures, such as security cameras and patrols, contribute to preventing accidents and enhancing security. Q: How does the layout and design of an RV park impact safety? A: Strategic layout and design can improve safety by placing campsites, communal areas, and amenities in locations that reduce risks, ensure clear pathways for emergency responses, and help manage traffic within the park effectively. Q: What safety measures should be updated and upgraded to meet modern demands? A: RV parks should consider investing in smart locks, advanced surveillance systems, online reservation and check-out systems, and anything that helps keep the park up to date with technological advancements and guest security expectations. The California Outdoor Hospitality Association (CalOHA) celebrates its 50th anniversary in this year. But even though the association has provided private park operators with a half century’s worth of critical legislative victories, education in best practices as well as important marketing and media outreach services, many park operators have no idea what the association does, what it has achieved or why it’s important to be a member. CalOHA aims to answer these questions in a forthcoming book, which document’s the association’s 50-year history, its successes and the challenges that private park operators face in California today. CalOHA President and CEO Dyana Kelley said it’s important to share the association’s history right now because many longtime park operators are selling their businesses to new owners, many of whom have no knowledge of CalOHA history or of what the association does on park operators’ behalf. Charles Amian, who serves on the boards of directors of both CalOHA and Outdoor Hospitality Industry (OHI), said that if more new and existing park operators had a better understanding of the work CalOHA performs on their behalf, they’d likely see association membership as being critical not only to their individual business interests, but essential to strengthen the private park industry itself. With these thoughts in mind, CalOHA in the coming months will produce a history book that documents the association’s 50-year history and its key legislative, education and marketing initiatives to support private park operators in California. Jeff Crider, a longtime writer for RV Business and Woodall’s Campground Magazine who has worked for CalOHA for many years, has already produced a preliminary draft of the book, which documents the evolution of the private campground industry and CalOHA’s key accomplishments dating back it its early days as the California Travel Parks Association (CTPA), when it began shaping the legal and regulatory foundation of the private park industry in California. Crider, who has worked as CalOHA’s publicist since late 2008, said the project was eye-opening for him. “I’ve been working for the association for many years, but CTPA had already been around for more than 30 years before I started writing for the association, and much of their history I knew nothing about,” he said. In addition to interviewing Kelley and her predecessor, Debbie Sipe, Crider explored the association’s archives in Auburn, where he found copies of old letters, hand-written and type-written notes and memos by CTPA’s founders, including Eldredge “El” Welton of Orangeland RV Park in Orange and CTPA Co-Executive Director Judy Miller, documenting how CTPA came into existence in the first place. Crider also located and interviewed several CTPA old timers, including the late Virginia Welton, who passed away earlier this year at 103, and Dave Hodgin, CTPA’s first president, who created the Certified Park Operator (CPO) education program for OHI’s early predecessor, the National Campground Owners Association (NCOA), in 1979. CalOHA’s history book not only documents the association’s extensive industry education efforts, but its many government affairs initiatives during the past half century. “Through my research,” Crider said, “it’s become clear to me that without a state campground industry association there would be no separation in the regulations governing campgrounds, RV parks and mobilehome parks in California. Everyone would have to build their parks to comply with manufactured housing codes. Park operators would also have a much harder time removing guests that didn’t pay or failed to abide by other park rules because they’d be subject to California’s complex landlord-tenant laws. “Without a state association lobbying on private park operators’ behalf,” Crider added, “it’s anyone’s guess when or if Southern California Edison, Pacific Gas & Electric and the Public Utilities Commission would have authorized the submetering of electricity in RV parks or when or if California would have outlawed the use of chemical-based RV holding tank products that damage campground and RV park septic systems, resulting in costly repairs while threatening local groundwater supplies. These are the kinds of battles that individual campground, RV park and glamping resort owners cannot successfully fight on their own.” Fact is, the private park industry needs an industry association working 24/7 on its behalf to kill harmful regulations and legislation before they become law, and to push for changes in existing regulations that benefit park operators across the state. “Parks today may have varying marketing needs, but everybody has legislative needs, and nobody has a legislative department capable of taking on the whole state of California,” said Mike Bell, a second-generation co-owner and operator of the San Diego Metro KOA in Chula Vista, which his father, Ted Bell, co-founded in 1968. CalOHA hopes to release its history book before the end of the year. Every year the CalOHA office receives dozens of calls and emails with questions about the DMV lien sale process, so we asked our friend and legal hotline member, John Pentecost of Hart, Kienle, Pentecost for some advice and clarification. Lien Sale FAQs Q: The owner has not been on site for months and not paid rent. Can I move the RV? A: If the tenant has been evicted and peaceable possession returned to the Park the RV can be moved immediately. Peaceable Possession is where you have had an Unlawful Detainer action, and the court has issued a Writ of Possession, and it has been acted upon by the local law enforcement and the tenant has been removed. If it reasonably appears that the RV has been abandoned by the tenant, and no one is living there, then you would not need to process an eviction. The RV would be considered abandoned. However, if you have squatters in the RV, then you would need to process an eviction and/or unlawful detainer, or forceable detainer. Q: If the RV is abandoned, can I move it? A: Yes, if you can move the RV without gaining access you can move it to a storage area on site. If you must access the RV to pull in slides or other actions, then you would need to submit for the lien sale and likely hold the sale on site. Q: Do I need an attorney to process a lien sale? A: No. In fact, the lien sale cannot be run through an attorney. An attorney can assist with the paperwork, but the park owner would have to do the DMV lien sale. There are lien sale service companies that can assist with the paperwork but the park owner would still have to apply for the lien sale. Q: The RV doesn’t appear to be registered or it isn’t registered in California. What do I do? A: If the RV is registered in another state, then you must file for a lien sale in that state. If the RV is not registered at all it makes the process much more difficult. Q: The RV does not have a VIN. A: A vehicle with a missing VIN must be referred to the CHP before a vehicle record is released to the lienholder. Q: I have been awarded Writ of Possession but the RV isn’t worth selling. Can I have it destroyed and removed from my property? A: If you have been awarded possession of the RV you do not have to have a lien sale. You are able to junk the vehicle as necessary. A lien sale procedure is a 12-step process that begins after you come into possession of a vehicle either through a Writ of Possession or Abandonment and determine if the vehicle is valued at over or under $4000. Over $4000 will start with an Application for Lien Sale Authorization (REG 656). Under $4000 will start with a Registration Information Request for Lien Sale (INF1126). From here the process is similar and it requires either you or the DMV to send notice to the registered owner and give a period of time for opposition. If a Declaration of Opposition is received all hope is not lost. A notification is sent within 16 days to the lienholder informing them that the lien sale is denied and cannot be conducted unless:
While a bit time consuming, lien sales are the easiest way to remove a vehicle from your property. We have made this process even easier by offering the forms on our website or by calling the office. Additionally, we have provided How To links below. As always, please don’t hesitate to contact our office with any questions. Thank you to legal hotline Attorney, John Pentecost and Legal Assistant, Violet Santoyo-Perez for their assistance.
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