July Advocacy Updates
The California Outdoor Hospitality Association has a long history of success advocating for our members and pushing back against aggressive state bureaucracies. Through the support of our members, we are currently monitoring several bills and other legislative proposals with the potential to impact not only our parks and campgrounds but also businesses across the state. Here is a look at the status of these proposals, where we stand on the matters.
California Department of Insurance
CalOHA President and CEO, Dyana Kelley recently spoke on behalf of the outdoor hospitality industry at a hearing called by California State Insurance Commissioner, Ricardo Lara. The hearing was to determine the overall impact of the state of the insurance industry on California residents and business owners and if the Fair Plan is an adequate solution.
Recommendations included but not limited to broad form peril coverage in the fair plan, expanded business interruption, and elevated service. Additionally, as the Fair Plan was designed as a temporary solution, recommendations of legislation that would prevent providers from pulling out of segments and/or the state were also discussed.
After presenting on the hearing at the Cal Travel board meeting, CalOHA requested an additional meeting with the commissioner to allow for engagement with other segments of the travel and tourism industry.
For more information on the investigatory hearing
AB 2243 - Occupational safety and health standards: heat illness: wildfire smoke (Garcia, Edurado (D))
Summary: The current Maria Isabel Vasquez Jimenez heat illness standard provides for the prevention of heat-related illness of employees in outdoor places of employment, as prescribed. There is also an existing standard for workplace protection from wildfire smoke. This bill would require the Division of Occupational Safety and Health, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard to include ultra-high heat in excess of 105 degrees (current standard is 95 degrees and above) and to reduce the AQI threshold for PM2.5 at which respiratory protective equipment becomes mandatory.
We are opposing this bill on the basis that additional regulatory in this regard in unnecessary and that it could create potential for imposition of more stringent standards.
For more information on AB 2243
SB 869 - Housing: mobilehome parks: recreational vehicle parks: manager training. (Levya, Connie (D) /Dodd Christopher (D))
This bill would require the Department of Housing and Community Development, by May 1,2025 to adopt regulations to require at least one person per mobilehome park or recreational vehicle park employed or acting under contract as an onsite manager or assistant manager, or otherwise acting in an onsite or offsite managerial capacity or role, on behalf of a mobilehome park or recreational vehicle park to receive appropriate training of at least 6 hours, and no more than 8 hours, during the initial year and at least 2 hours, and no more than 4 hours, of follow up training each year thereafter on rules and regulations for the park, among other matters.
We are continuing to oppose unless amended to exclude RV parks, remove the penalty to suspend an operators permit to operate, allow for training by agencies other than HCD.
For more information on SB 869
SB 1044 - Employers: state of emergency or emergency condition: retaliation. (Durazo, Maria-Elena (D))
Summary: Would prohibit an employer, in the event of a state of emergency or an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace within the affected area because the employee feels unsafe, except as specified. The bill would also prohibit an employer from preventing any employee, including employees of public entities, as specified, from accessing the employee’s mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety. The bill would require an employee to notify the employer of the state of emergency or emergency condition requiring the employee to leave or refuse to report to the workplace, as specified. The bill would clarify that these provisions are not intended to apply when a declared official state of emergency remains in place but emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worker, or the worker’s home have ceased.
As written this bill would allow employees to “walk off” anytime they feel unsafe in the workplace. The feeling of being unsafe is subjective and loosely defined. We are opposed unless amended.
For more information on SB 1044
The support of our members is what allows us to continue fighting and advocating for the future of the outdoor hospitality industry. For more information or to join our association in our efforts please contact the CalOHA office today! (530) 885-1624
Music Licensing Myths
We don’t have live music in our park, so we don’t need a license.
If you play recorded music for your guests, you need a music license.
But there are many ways to obtain a license that fits the needs of your park.
The only way I can be licensed to play music is through an association.
If you are only playing music in your camp store, club room or office you can utilize a music subscription service. The business version of these services come with a license and is typically less costly than a standard license.
Your membership with an association may offer a discounted license for live music and recorded music, ie: karaoke, 80’s nights, luaus, special events but you can also go direct to the music organizations for a license.
We have to be licensed through all 4 music agencies if we provide live music.
You can control the music your musicians play by letting them know the companies you are licensed with so they can design their set lists accordingly.
ASCAP and BMI control about 95% of the music. SESAC is by invitation only so it is a very select group of artists. GMR licenses the Eagles (so if Hotel California is a must then you would need their license).
Movie Licensing Myths
I only have the news on in the camp store or club room, so I don’t need to be licensed.
Many images shown on the news channels are purchased from Getty Images and
subject to copyright laws.
We don’t show movies, we just have some old VHS tapes and DVDs in the club room,
so we don’t need a license.
Any public performance of a movie or tv show is subject to copyright infringement. Even old VHS movies require a license to be played in a public setting in your park.
A license is only required if we charge for the movie night.
A license is required any time you show or provide a movie for public consumption.
A special event license is required if you charge for the movie. If the movie is a revenue stream – you could make the movie free and charge for food and beverage.
Renewal time is approaching quickly, and we have negotiated discounts for our members on a variety of licensing options. Give us a call today to renew your license or discover the right one for your park!
Your membership with California Outdoor Hospitality Association comes packed full of valuable benefits, programs, and tools to keep your park operating at its greatest potential. One of the most useful advantages is that our association has negotiated discounts for our members with propane providers across the state. We have partnered up with Global Gas, Ferrellgas, and Suburban Propane to ensure our parks have access to the best rates and for those taking advantage, the savings have been massive. Switching to one of our propane partners or simply requesting the CalOHA member discount be applied to your current accounts could be the best business decision you make this summer!
Our members at Gold Strike Village made the choice to begin taking advantage of our membership discounts last fall and in less than 7 months they have saved an estimated $26K in propane costs! Bakersfield River Run requested that our member discount be applied to their current account and saved over $9K in their first year, without needing to switch carriers. The savings is that simple and could be a real game changer for your parks budget.
Inflation has hit California hard, rates everywhere are climbing, and every day that you are not taking advantage of these discounted rates is money out the door. Your savings could cover your membership fees and more!
Contact the CalOHA office today for more information or to start saving! (530) 885-1624
CalOHA is currently monitoring Assembly Bill 2243 which would require Cal/OSHA on or before December 31, 2025, to submit a proposal for revising regulations on heat illness “to include an ultrahigh heat standard for employees in outdoor places of employment for heat in excess of 105 degrees Fahrenheit.” Revisions that are being required would include an increase in mandatory cool down periods, immediate availability of cool water, and an increase in monitoring for heat-related illnesses, among others.
This bill would also require that Cal/OSHA revise the wildfire smoke regulation originally adopted in 2019, lowering the AQI (Air Quality Index) threshold at which protections equipment would become mandatory.
Assembly Bill 2243 has been amended in Senate as of June 29, 2022 and sent back to committee. Stay tuned for updates as it progresses but in the meantime, check out these tips for keeping both your workers and guest cool and safe through the summer heat waves.
Check out more blog posts!