BILL ANALYSIS Ó SB 476 Page 1 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: SB 476 Page 2 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 SB 476 Page 3 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. SB 476 Page 4 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, SB 476 Page 5 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. SB 476 Page 6 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 SB 476 Page 7 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 SB 476 Page 8 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. SB 476 Page 9 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 SB 476 Page 10 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: SB 476 Page 11 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 SB 476 Page 12 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 SB 476 Page 13 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 SB 476 Page 14 County Health Executive Association of California Analysis Prepared by:Paula Villescaz / HEALTH / (916) 319-2097