BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  July 14, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          SB  
          476 (Mendoza) - As Amended July 1, 2015


          SENATE VOTE:  39-0


          SUBJECT:  Organized camps.


          SUMMARY:  Redefines organized camps and separates them into two  
          types:  resident camps and day camps.  Requires organized day  
          camps to follow existing public health and safety codes and  
          regulations.  Specifically, this bill:  


          1)Defines an organized camp as an organized resident camp, an  
            organized day camp, or any group that leases an organized camp  
            for the purpose of conducting a camp for children under 18  
            years of age, that operates seasonally to provide group-based  
            recreation and expanded learning opportunities with social,  
            spiritual, educational, or recreational activities that  
            promote environmental awareness and education on a seasonal  
            basis. 


          2)Specifies that the definition of an organized camp does not  
            include the following: 










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             a)   A hotel, motel, tourist camp, trailer park, resort,  
               hunting camp, auto court, labor camp, penal or correctional  
               camp, drug and alcohol resident rehabilitation program or  
               other program or facility subject to occupancy taxes,  
               home-finding agencies, or a licensed child day care  
               facility;


             b)   Sites or programs that are used by adults or groups for  
               counseling, religious retreats, reunions, conferences, and  
               special events on an intermittent, short-term basis of less  
               than four consecutive overnight stays; and, 


             c)   Programs offered by museums, zoos, cities, counties,  
               special districts, sports training organizations,  
               gymnastics studios, theatre groups, or other physical  
               education-based organizations.


          3)Defines organized resident camp as a site with programs and  
            facilities established for the primary purposes of providing  
            group living experiences and that provides overnight stays  
            during one or more seasons of the year, excluding field trips.  



          4)Defines organized day camp as a program established for the  
            primary purpose of providing group experiences for children  
            under 18 years of age during the day. 


          5)Permits organized day camps to transport campers to parks,  
            beaches, campsites, and other locations for activities and  
            provide for offsite field trips for no more than three  
            consecutive days.


          6)Requires organized day camps to have adequate staff to carry  








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            out the program, including a qualified program director with  
            at least two seasons of administrative or supervisory  
            experience at an organized day camp or a youth program.


          7)Requires an organized day camp or organized resident camp to  
            do the following:


             a)   Develop a written operating plan, as required by  
               regulations, and provide the plan or proof of accreditation  
               by the American Camp Association (ACA), to the local public  
               health officer (LPHO) at least 30 days before the camp  
               begins;


             b)   Install a carbon monoxide detector in any building  
               intended for human occupancy that has a fossil fuel burning  
               heater or appliance, a fireplace, or an attached garage;  
               and,


             c)   Store all firearms, including rifles, pellet guns, and  
               air guns, and bows and arrows in a locked cabinet  
               designated for this use when those items are not in use for  
               authorized camp activities. 


          8)Permits the LPHO to charge a fee for the review of an  
            operating plan and permits an organized day or resident camp  
            that has been cited for failing to meet legal requirements to  
            appeal the citation to the local health department. 


          9)Specifies that the LPHO must enforce building standards within  
            his or her jurisdiction, and that the LPHO may contract with  
            the Office of the State Architect or any other public agency  
            or private organization for the review of design and  
            performance of inspection of camp buildings and structures. 








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          10)Requires that an organized day camp without a fixed location  
            register with the LPHO as an organized camp in the county  
            where its business office is located.


          11)Requires the LPHO to issue an organized day camp or organized  
            resident camp a permit to operate if a written operating plan  
            has been submitted, and an initial inspection of the premises  
            has been conducted and meets requirements.


          12)Requires the Department of Public Health (DPH) to adopt or  
            amend rules and regulations pertaining to organized day camps  
            and organized resident camps and requires DPH to make  
            reasonable efforts to include the input and advice of  
            organizations in the field during the process of amending or  
            adopting new rules and regulations.


          EXISTING LAW:  


          1)Requires the State Public Health Officer to establish rules  
            and regulations for organized camps.

          2)Establishes requirements for the operation, regulation and  
            enforcement of organized camps.

          3)Defines an organized camp as a site with program and  
            facilities established for the primary purposes of providing  
            an outdoor group living experience with social, spiritual,  
            educational, or recreational objectives, for five or more days  
            during one or more seasons of the year. 

          4)Excludes from the definition of an organized camp a motel,  
            tourist camp, trailer park, resort, hunting camp, auto court,  
            labor camp, penal or correctional camp, childcare institution,  








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            or home finding agency.

          5)Defines a camper as a person in an organized camp who is a  
            participant in the regular program and training of an  
            organized camp, and who may take duties relating to such  
            program and training.
          6)Requires the State Fire Marshall to adopt minimum fire safety  
            regulations for organized camps.

          7)Requires local health officers to enforce the building  
            standards published in the State Building Standards Code  
            related to organized camps.

          8)Prohibits an organized camp from operating unless it satisfies  
            the minimum standards for organized camps as prescribed by  
            building standards pursuant to the State Building Standards  
            Code. 

          9)Specifies that California child day care licensing provisions  
            do not apply to recreation programs conducted for children by  
            the YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys  
            and Girls Clubs, Camp Fire USA, organized camps, or similar  
            organizations. 
          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, day camps are  
            programs which typically serve children who are unable to  
            attend resident camp programs that include multiple overnight  
            stays.  Considerations of cost, age of the child, and parental  
            preference, are among the reasons some parents prefer to have  
            their children attend local day camps rather than remote  
            resident camps. 










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            The author states that because there is no reference to day  
            camps in current law or regulation, there has been confusion  
            related to who has jurisdiction over their operation.  Day  
            camps typically operate during the summer and other vacation  
            periods when school is not in session and they provide  
            group-based recreation and expanded learning opportunities for  
            children less than 18 years of age.  The author further states  
            that this clarification will assure the public that day camps  
            operate under the oversight of local health officials, and  
            that they are not regulated as childcare programs.  The author  
            concludes that with so many kids participating in these camps,  
            it is essential that the camps adhere to health and safety  
            standards, which are in place to look after the well-being of  
            the children. This will allow them to continue learning in a  
            thriving environment, while being kept as safe as possible.


          2)BACKGROUND.  


             a)   Organized camps.  The current definition of an organized  
               camp applies only to sites that are established to provide  
               an outdoor group living experience for five or more days a  
               year, and ostensibly house campers overnight.  An  
               alternative to these overnight camps, or "resident camps"  
               is day camps, which are generally local and do not provide  
               multiple overnight stays for campers.  Day camps often do  
               not have a fixed site, and instead operate in parks,  
               beaches, churches, schools, Boys and Girls Clubs, or YMCA  
               facilities, and are therefore not subject to the laws that  
               currently regulate organized camps, as currently defined.   
               According to the ACA, more than 12,000 day and resident  
               camps exist in the U.S., 7,000 are resident (overnight) and  
               5,000 are day camps.  Each year more than 11 million  
               children and adults attend camp in the U.S.  While camps  
               are not required to report illness or injury data, ACA does  
               voluntarily collect data that indicates a significantly  
               smaller incidence of injury at day or resident camps  








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               compared to any organized sport and that a camper is much  
               more likely to fall ill while at camp than to be injured.

             b)   ACA Accreditation.  ACA collaborates with experts from  
               the American Academy of Pediatrics, the American Red Cross,  
               and other youth-serving agencies to assure that current  
               practices at camps reflect the most up-to-date,  
               research-based standards in camp operation from staff  
               qualifications and training to emergency management.  Camps  
               and ACA form a partnership that promotes growth and fun in  
               an environment committed to safety.  ACA accreditation  
               typically goes beyond basic licensing requirements  
               particularly in the following areas:

               i)     Staff-to-camper ratios that are appropriate for  
                 different age groups;

               ii)    Goals for camp activities that are developmentally  
                 based;

               iii)   Emergency transportation available at all times;  
                 and,

               iv)    First-aid facilities and trained staff available  
                 when campers are present.

             c)   Day care centers.  There have been concerns that  
               organizations have been operating as day camps in an effort  
               to circumvent strict licensing requirements of day care  
               centers. Some counties, in an attempt to regulate day  
               camps, have classified them as day care centers.  Day care  
               center regulations differ significantly from organized camp  
               regulations, in terms of staffing requirements, child  
               population allowances, and operating hours.  For example,  
               day care center regulations prohibit more than 12 children  
               from receiving care in the same place at the same time, and  
               require that the program be operated only during normal  
               school hours.  Most organized day camps do not meet child  
               care center regulations, and the author suggests that it  








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               has led to some day camps being shut down.

          3)SUPPORT.  The sponsor of the bill, California Collaboration  
            for Youth, states that the current legal definition of  
            organized camps is only intended to cover overnight resident  
            camps, and not local day camps.  The sponsors write that this  
            bill will require day camps to adhere to the same safety and  
            regulatory standards required by overnight resident camps, and  
            that they have worked with local health officers and health  
            office associations to address their issues.  Other supporters  
            including Camp Funtime, the Bar 717 Ranch, Fairmont Private  
            Schools, Jefunira Camp, Mountain Camp, Mountain Camp Woodside,  
            Pali Adventures, Plantation Farm Camp, and Tom Sawyer Camp  
            state that this is a very important bill in ensuring that  
            children are safe at all camps.


          4)OPPOSE UNLESS AMENDED.  The County Health Executive  
            Association of California (CHEAC) state, in opposition to the  
            bill unless it is amended, that this bill will significantly  
            expand the enforcement role of the county health departments.   
            If this expansion is to occur, statute needs to clarify that  
            the role of local health departments will be restricted to  
            overseeing health and sanitation requirements at day camps.




          
          5)PREVIOUS LEGISLATION.





             a)   SB 443 (Walters), of 2013, would have defined organized  
               camps and organized day camps and would have established  
               requirements regarding their operation.  SB 443 was held in  
               the Assembly Appropriations Committee.








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             b)   SB 1087 (Walters), Chapter 652, Statues of 2012,  
               increases the time in which an organization participating  
               in the Safe Neighborhoods Partnership program can operate  
               without a license.  SB 1087 also exempts organized camps  
               from licensure required for day care centers.



             c)   SB 737 (Walters), of 2011, was substantially similar to  
               SB 443 (Walters) of 2013.  SB 737 was vetoed.  In his veto  
               message, the Governor Schwarzenegger stated, "I agree with  
               the author's intent to clarify and simply the regulation of  
               organized camps, but this measure does not achieve this  
               goal. I am directing the Department of Public Health and  
               Department of Social Services to work with the author and  
               interested advocates to resolve this issue in the coming  
               year."



          6)POLICY COMMENTS.  


             a)   Day Care Licensing.  The author states that this bill is  
               necessary to clarify that day camps operate under the  
               oversight of local health officials, and that they are not  
               regulated as childcare programs.  Licensing provisions of  
               the California Child Day Care Act explicitly state that  
               organized camps and similar entities should not be  
               regulated as child day care centers, therefore concerns  
               about organized camps being regulated as child day care  
               centers are invalid.  The Committee recommends the  
               following clarifying language:

             Section 18897. (e) Organized camp programs conducted for  
               children by the YMCA, Girl Scouts of the USA, Boy Scouts of  








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               America, Boys and Girls Clubs, Camp Fire USA, or similar  
               organizations shall not be subject to licensure as a child  
               day care center.

             b)   Day Camp Exclusions.  The bill excludes a long list of  
               entities from organized camp regulations including programs  
               offered by museums, zoos, sports training organizations,  
               gymnastics studios, theatre groups, etc.  The author argues  
               that this language is intended to exclude the itemized  
               facilities and organizations that offer instruction and  
               training on a year-round basis but label them camps during  
               the summer. Current language in the bill defines an  
               "organized camp" as an organized resident camp or organized  
               day camp that operates seasonally to provide group-based  
               recreation and expanded learning opportunities with social,  
               spiritual, educational, or recreational activities that  
               promote environmental awareness.  This language is  
               sufficiently narrow, and language exempting programs  
               offered by museums, zoos, sports training organizations,  
               gymnastics studios, theatre groups, or other physical  
               education-based organizations should be stricken from the  
               bill.



             c)   Health and Safety Enforcement.  The Committee suggests  
               clarifying language expanding the role of the LPHO to  
               ensuring that the health and sanitation needs of organized  
               day camp are met.


          





          REGISTERED SUPPORT / OPPOSITION:









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          Support


          California Collaboration for Youth (sponsor)


          American Camp Association


          AstroCamp


          Bar 717 Ranch


          California State Alliance of YMCAs 


          Camp Funtime


          Camp Kinneret Summer Camp


          Carmel Valley Tennis Camp


          Central Coast YMCA


          Deer Crossing Camp


          Guided Discoveries










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          Jameson Ranch Camp


          Jefunira Camp


          Kennalyn Camps


          Mountain Camp


          Mountain Camp Woodside


          Outpost Summer Camps


          Pali Adventures


          Peninsula Bay Cities Day Camp and Swim School 


          Plantation Farm Camp


          Roughing It Day Camp


          Santa Monica Family YMCA


          Skylake Yosemite Camp


          Tom Sawyer Camp










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          YMCA of East Bay


          YMCA of Greater Whittier


          YMCA of Metropolitan Los Angeles


          YMCA of Santa Maria Valley


          YMCA of Silicon Valley


          YMCA of Superior California


          YMCA of the East Valley




          Opposition


          None on file.





          Oppose Unless Amended





          California State Association of Counties








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          County Health Executive Association of California




          Analysis Prepared by:Paula Villescaz / HEALTH / (916)  
          319-2097