BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator William A. Craven, Chairman
BILL NO: AB 1984 HEARING: 06/17/98
AUTHOR: Miller FISCAL: Yes
VERSION: 05/21/98 CONSULTANT: Tennyson
STATE STANDARDS FOR RECREATIONAL VEHICLES
Background and Existing Law
The statutory definition of a recreational vehicle (RV)
includes motor homes, travel trailers, truck campers, and
camping trailers used for recreational, emergency or other
occupancy, or park trailers used for recreational or
seasonal purposes. Many are located in special occupancy
parks or RV parks, where some occupants have resided in
older trailers for many years.
California was the first state to establish health and
safety standards for RVs in 1958. The state Department of
Housing and Community Development (HCD) regulates RVs in
two ways: (1) Third party inspectors certified by HCD
inspect the RVs at the factory to ensure they meet state
standards; (2) Prior to resale, HCD directly inspects
used RVs sold by dealers if the RV lacks a state inspection
sticker. Manufacturers and dealers who violate state
regulations are subject to misdemeanor prosecution.
In the 1980's, the RV industry adopted national health and
safety standards promulgated by the American National
Standards Institute (ANSI), a private institution
consisting of industry, consumer and government
representatives. RVs manufactured to ANSI standards bear
an ANSI label or insignia. Over the years ANSI standards
have improved so that ANSI's current standards are almost
equivalent to the California state standards.
The Recreational Vehicle Industry Association (RVIA) , an
association of RV manufacturers, maintains its own private
inspection program of five inspectors who make at least six
annual unannounced visits to RV factories nationwide to
assure that an RV which bears a RVIA sticker meets ANSI
standards. Manufacturers that don't comply can't apply
the RVIA sticker to their RVs and may be subject to
discipline or expulsion from RVIA membership.
The recreational vehicle industry wants to streamline RV
inspections for both new and used RVs by repealing state
oversight and relying instead on ANSI standards and
self-enforcement.
Proposed Law
I. State Standards . Assembly Bill 1984 repeals the
authority of the state Department of Housing and Community
Development (HCD) to adopt regulations for recreational
vehicle health and safety standards. AB 1984 repeals HCD's
rules and regulations relating to fire prevention as they
apply to RVs but retains the state requirement that no RV
shall be equipped with more than one electrical power
supply cord.
II. ANSI Standards . AB 1984 requires RVs manufactured on
or after January 1, 1999, including motor homes, travel
trailers, truck campers and camping trailers, to be
constructed according to ANSI standard No. A119.2, 1996
edition of the ANSI standards. Park trailers manufactured
on or after January 1, 1999 must comply with ANSI standard
A119.5, 1998 edition of the ANSI standards.
AB 1984 requires that changes in ANSI standard A119.2 or
A119.2 become operative on the 180th day following the ANSI
publication date.
AB 1984 provides that any RV manufactured on or after
January 1, 1999 or any new RV manufactured before January
1, 1999 offered for sale, sold, rented or leased in
California must bear a label or insignia indicating the
manufacturer's compliance with the applicable ANSI standard
in effect on the date of manufacture.
III. Enforcement . AB 1984 repeals HCD's authority to
enter a factory, warehouse, sales lot or establishment
where RVs are manufactured, sold or leased to enforce
health and safety standards for new or used RVs. The bill
repeals HCD's authority to issue any state label or
insignia which indicates compliance with those
requirements.
AB 1984 repeals provisions which make it unlawful for any
person to sell or lease an RV manufactured after September
1, 1958 containing specified state structural, fire safety,
plumbing, heating or electrical standards for RVs.
Instead, the bill provides that ANSI standards A119.2 and
A119.5 are designed to protect health and safety of persons
using recreational vehicles and park trailers and that
compliance with those standards can be enforced by any law
enforcement agency having appropriate jurisdiction to
enforce a misdemeanor violation.
IV. Parks . AB 1984 prohibits an RV from occupying a lot
in a special occupancy (RV) park if it does not comply with
ANSI standards for recreational vehicles manufactured on or
after January 1, 1999, or new recreational vehicles
manufactured before January 1, 1999, unless the RV owner
offers reasonable proof of compliance the newest ANSI
standards.
V. Declarations . AB 1984 declares that the American
National Standards Institute (ANSI), after taking different
views into consideration, has adopted standards for design
and safety of recreational vehicles and park trailers on
which interested parties have reached substantial
agreement. AB 1984 declares that in order to promote
government efficiency and economy and avoid duplication of
services, it is appropriate to eliminate the role of HCD in
enforcing and modifying construction standards for
recreational vehicles (RVs).
Comments
1. Eliminating duplication . There are very few
differences between California and national ANSI health and
safety standards for recreational vehicles. Manufacturers
already have their own national inspection network for
approximately 250 factories. California is one of only
nine states that still inspects RVs, duplicating industry
inspections. RV dealers often wait from six to eight
weeks before HCD's employees inspect used RVs at a cost of
$100 an hour. AB 1984 eliminates this duplication of
effort, reducing costs to manufacturers, dealers, HCD and
consumers without sacrificing consumer safety.
2. Five is enough ? AB 1984 eliminates the duplication of
health and safety standards and RV inspections in favor of
ANSI standards and private self-inspections by a national
trade association. The RVIA has five inspectors to review
approximately 250 factories nationwide, while HCD contracts
with six third-party agencies to inspect some 50 factories.
The Committee may wish to consider whether a national
trade association will protect California's consumers as
well as the state's current RV inspections.
3. Who will know ? Although violations of ANSI standards
for RVs will still be misdemeanors in California, under
RVIA's self-certification program it will be up to the
consumer, not the state, to file a complaint with a
district attorney alleging a violation. The Committee may
wish to consider if consumers can detect violations of ANSI
standards or file complaints better than HCD.
4. Delegating legislative authority ? AB 1984
incorporates specific ANSI standards by reference into
state law for RVs sold, rented, or leased in California and
further requires that changes in those ANSI standards
become effective 180 days after their publication date.
This provision effectively delegates legislative authority
to ANSI. In contrast, when code wiring groups revise the
Uniform Building Code, state officials review the
industry's changes before adopting them as state
regulations. If ANSI standards change, shouldn't HCD,
which has governed RV standards for 40 years, decide
whether those changes are in the public interest for
California? The Committee may wish to consider an
amendment to require review and approval by the Department
of Housing and Community Development.
5. Constructive eviction . Under current law, RVs are not
required to meet any specific construction standards in
order to occupy a lot in an RV park. AB 1984 makes it
unlawful for an RV without an ANSI label to occupy a space
in an RV park unless the RV's owner can "reasonably prove"
that the RV complies with the newest ANSI standards. Many
RVs, including older trailers, are located in RV parks, or
separate areas of mobilehome parks designated as RV parks,
where they have been more or less permanent housing for
long-term occupants. These mostly lower-income people are
protected by the RV Occupancy Law from being arbitrarily
evicted without "just-cause." Under AB 1984, how would RV
owners prove that their older units comply with the newer
ANSI standards? Can park owners evict long-term occupants
under AB 1984 just because their older RVs don't meet ANSI
standards?
6. Reaching a cord ? AB 1984 retains one state standard
that exceeds the ANSI standard. As a safety measure,
California requires RVs to have only one power supply cord
to prevent consumers from being shocked or electrocuted by
loose or unconnected multiple cords. The Committee may
wish to consider how California's one-cord requirement will
be enforced without HCD.
7. Grandfathered or not? AB 1984 makes it illegal to
sell, lease, or rent an RV or park trailer manufactured
before or after January 1, 1999 which does not bear an
ANSI label. Older RVs manufactured after 1958 which bear a
California insignia are not covered. Will it be illegal
under AB 1984 to sell or lease older "California" units in
the state after 1999? The Committee may wish to consider
an amendment that allows RVs with a California insignia to
continue to be legally sold, rented, or leased in the
state.
8. Suspend, not repeal? For 40 years, California's RV
standards and HCD's inspectors have helped to protect
consumers' health and safety. While the RV industry has
made impressive gains in self-inspections, it is not yet
clear whether the industry's protections will be as
reliable as public programs. Instead of repealing the
state's standards and inspection program, the Legislature
could temporarily suspend HCD's efforts in favor of the
ANSI standards and RVIA inspections. The Committee may
wish to consider requiring the RV industry to pay for two
program evaluations, one after two years and the other
after four years. If these evaluations find that the
industry's programs work well, then the Legislature could
repeal the state's programs after the fifth year. If
private standards and self-inspections don't protect the
public's health and safety, the Legislature can then take
HCD's program out of mothballs.
Assembly Actions:
Assembly Housing and Community Development: 12-0
Assembly Appropriations:
21-0
Assembly Floor:
75-0
Support and Opposition (06/11/)
Support : California Recreational Vehicles Dealers
Association, Recreational Vehicle Industry Association,
JC's RV's, Inc., Golden Way RV, Romer's Rv Center, Inc.,
Irvine RV Center, LaMesa RV, Bria Creation Village RV,
Manteca Trailer & Camper, Inc.
Opposition :
Unknown.