BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 476  


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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 476  
          (Mendoza) - As Amended July 16, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill includes "day camps" in the definition of "organized  
          camps," thereby subjecting day camps to regulation by the  
          California Department of Public Health (CDPH), and enforcement  








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          by local health jurisdictions (LHJs). Specifically, this bill:


          1)Regulates organized day camps, which are defined as programs  
            established for the primary purpose of providing group  
            experiences for children under 18 years of age during the day,  
            and that operate seasonally to provide group-based recreation  
            and expanded learning opportunities with social, spiritual,  
            educational, or recreational activities that promote  
            environmental awareness and education. 


          2)Specifies requirements day camps must comply with, in order to  
            qualify for a locally issued permit.


          3)Requires the local public health officer or his or her  
            designee to conduct an initial inspection of the premises to  
            verify compliance with the appropriate health and sanitation  
            standards, prior to issuing a permit.


          4)Allows the local public health officer to inspect the camp and  
            charge a fee for that purpose, not to exceed the reasonable  
            cost of the inspection. Allows the local public health officer  
            to charge a fee to recover any necessary costs incurred in  
            administering provisions relating to organized camp oversight,  
            not to exceed the actual cost of organized camp oversight and  
            related activities.


          5)Allows a local public health officer, for the purposes of  
            complying with the specified section of law, delegate  
            responsibility to the Office of the State Architect or any  
            other public agency or private organization for the review of  
            design and performance of inspection of construction of camp  
            buildings and structures, as specified in DPH regulations.










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          6)Limits local public health officer enforcement to health and  
            sanitation standards.


          FISCAL EFFECT:


          1)Minor costs to the Department of Public Health and the  
            Department of Social Services (DSS) for updates to policy,  
            process, and potential regulatory changes (GF).


          2)Potential costs of several hundred thousand dollars GF  
            annually for Division of the State Architect (DSA) within  
            Department of General Services, if building standards approval  
            is delegated to DSA as allowed under this bill. Actual costs  
            are unknown, and would depend on the number and scope of  
            potential activities.


          3)Costs for inspecting and overseeing day camps will be incurred  
            by LHJs.  The bill gives LHJs broad authority to charge fees  
            to cover regulatory costs.  


          COMMENTS:


          1)Purpose.  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.  The author explains day camps typically operate  
            during the summer and other vacation periods when school is  
            not in session, and that 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  








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            that with so many kids participating in these camps, it is  
            essential that the camps adhere to health and safety  
            standards. 



            The author indicates there have been concerns that some  
            organizations have been operating as day camps in an effort to  
            circumvent strict licensing requirements of day care centers  
            and that some counties, in an attempt to regulate day camps,  
            have classified them as day care centers.





          2)Current Regulation. 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.   
            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.  
             This bill brings day camps, as defined, under the definition  
            of organized camps.



            DSS currently regulates child care in the state.  To  
            distinguish child care from other programs or activities, DSS  
            states that generally, in a child care setting, parents have  
            an expectation that their children are being provided care and  
            supervision.  That is, children are in need of "personal  
            services, supervision, or assistance essential for sustaining  
            activities of daily living for their protection" (Health and  
            Safety Code 1596.750).  Some programs called "day camps" in  
            common speech appear to fit this description, while others are  
            more focused on providing a certain experience or specialized  
            education, rather than care and supervision.  Organized camps  








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            regulated under current law are generally in rural or  
            wilderness settings, with attendant environmental health and  
            safety concerns, such as pests, clean water, and activities in  
            and around bodies of water.  These camps are currently subject  
            to CDPH regulation and local health officer enforcement and  
            local health officers indicate they are relatively few in  
            number.


            Outside of child care and resident camps, childrens' programs  
            and activities do not appear to be state-regulated, although a  
            variety of accreditation or other standards apply to programs  
            that provide care for children, such as after-school care.  


          1)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.



             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 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  








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               Social Services to work with the author and interested  
               advocates to resolve this issue in the coming year."  



               The only resolution to the issue from the administration  
               appears to be some level of engagement on subsequent bills  
               introduced in the Legislature.  There was no inter-agency  
               work group or similar effort. 





          2)Support. This bill is sponsored by the California  
            Collaborative for Youth and is supported by numerous private  
            and non-profit entities offering children's activities,  
            including a number of YMCAs.


          3)Concerns.  California State Association of Counties, County  
            Health Executive Association of California, and California  
            Council of Environmental Health Directors express concerns  
            with this bill, including concerns about additional workload  
            and the ability to raise adequate local revenues to fund this  
            new activity.  They seek amendments to simplify regulation for  
            day camps through a registration process and align enforcement  
            of building code standards with current practice, among other  
            changes. 


          4)Comments.


             a)   Definitional issues.  LHJs report very few or no  
               complaints related to day camps, but it seems as if there  
               is a public expectation that day camps should have some  
               regulatory oversight, such as background checks.  However,  
               the definitions in the bill raise questions about how  








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               regulatory lines are proposed to be drawn. 


               There are a wide variety of programs and facilities that  
               offer activities and care for children.  A rational  
               regulatory approach to assessing the adequacy of  
               governmental oversight might consider, for the universe of  
               activities, programs, and facilities that offer experiences  
               and care for children:


                     Potential differences in vulnerability according to  
                 child age, parental involvement, length of time in care,  
                 or other factors. 


                     Related health and safety risks, and evidence of  
                 current harm from lack of regulation.


                     Public expectations for regulation. 


                     Current regulations or standards that may apply,  
                 both state and non-state. 


                     The capacity and expertise of existing entities to  
                 handle new regulatory responsibilities, if a case was  
                 made that the status quo is inadequate.  


               This universe of programs, activities, and facilities is  
               diverse.  Proponents have not provided an analysis of this  
               wider universe, and how this proposal fits into a rational  
               oversight structure.  


               In addition, a significant number of day camps may be left  








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               unregulated according to this bill.  This bill proposes to  
               regulate "organized day camps?that operate seasonally to  
               provide group-based recreation and expanded learning  
               opportunities with social, spiritual, educational, or  
               recreational activities that promote environmental  
               awareness and education."  Presumably, a day camp that  
               offers biological activities outdoors would qualify. What  
               about a science camp that offers activities related to  
               chemistry, which would be conducted partially indoors-would  
               this be exempt?  A day program offering a ropes course for  
               teens?  Would a sports clinic qualify, or be exempt because  
               it does not intend to offer environmental education? Would  
               a three-hour gardening class qualify?  The bill does not  
               define a minimum duration of activity that constitutes a  
               day camp. What is particular about promoting environmental  
               awareness and education, that implies camps that do so  
               should be regulated, while those that do not promote  
               environmental awareness and education should not, even if  
               they are similar in every other way?   Some additional  
               parameters and adjustments appear necessary to rationally  
               define what is to be regulated versus left unregulated. 


               Given the vagueness of the definitions offers much room for  
               interpretation, and given enforcement will be delegated to  
               LHJs, it seems likely that oversight may vary widely  
               depending on jurisdiction. 


             a)   Appropriateness of Organized Camp regulations for day  
               camps.  This bill places day camps under regulations that  
               apply to overnight camps. These regulations may not be  
               entirely appropriate for day camps.  Most of these  
               regulations address environmental health and safety  
               concerns, such as potable water and others noted above.  In  
               contrast, according to this bill's definition, there is  
               nothing that suggests a day camp would have to be in a  
               natural or wilderness environment.  Although technically  
               many programs that would fit this bill's definition of day  








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               camps may not have difficulty meeting standards related to  
               chemical toilets, head-to-head sleeping accommodations, and  
               venomous snakes, it may be more rational to define day  
               camps in a separate section of law.  On the other hand, if  
               day camps to be regulated are supposed to be those in  
               natural or wilderness areas that have very similar to  
               overnight camps, the definition of day camp should be  
               narrowed to make that more clear.


             b)   Impact on Access? Families' access to day camps in  
               spring 2016 will depend on 61 LHJs developing regulatory  
               programs and inspecting each camp prior to operation, just  
               months after this bill becomes operative.  Developing a new  
               regulatory program for day camps may be a significant  
               challenge for LHJs that have limited staff.  Although fee  
               authority is provided, on a practical basis this will  
               require approval by county supervisors for new fees in 61  
               jurisdictions-fees that may raise the cost of already  
               costly day camps. This bill has no timelines, but requires  
               a day camp to have an initial inspection in order to  
               operate.  This would require, for example, in Los Angeles  
               County likely hundreds of inspections to be completed  
               before day camps can operate.  If this bill becomes law, in  
               spring 2016 parents will be looking for day camp options  
               for their children during summer.  Unless each jurisdiction  
               has developed policies and procedures and has conducted   
               inspections, these camps will be operating illegally. 


             c)   Exemption?  This bill includes an exemption from child  
               care licensure that states, "Notwithstanding any other law,  
               an organized camp program conducted for children by the  
               YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys  
               and Girls Clubs, Camp Fire USA, or similar organizations  
               shall not be required to be licensed as a child day care  
               center." Given the bill does not define "organized camp  
               program," the meaning of this exemption is unclear.  If the  
               intent is to ensure certain organizations (YMCA, Boy  








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               Scouts, Girl Scouts) are exempt from licensure as a day  
               care center if they are licensed as an organized day camp  
               or resident camp, this exemption should presumably apply to  
               all camps, unless it is the intent to dually license these  
               entities as camps and child care.  If this exemption is to  
               apply to "programs," this should be clarified and defined. 


               Though the bill appears intended to regulate day camps and  
               clarify regulatory oversight, there is still not a clear  
               distinction in this bill between what must be regulated as  
               day care by DSS versus as a day camp by local health  
               departments.  If one of the named organizations is  
               providing day care, they should presumably be licensed by  
               DSS. 


             d)   Building standards.  Existing law governing resident  
               camps, which is being extended to day camps, requires local  
               health officers to enforce building standards.  Local  
               health officers and LHJs deliver health and safety  
               services, and generally have no expertise in building  
               standards enforcement. It appears in practice that LHJs  
               defer to other local entities that possess this expertise,  
               such as city or county building inspectors. The author  
               should consider amending this code section to conform to  
               current practice and to assign duties to local entities  
               with appropriate expertise, instead of expanding the scope  
               of inappropriately assigned local health officer building  
               enforcement duties to day camps. Instead, this bill cites  
               existing state regulation that allows the LHO to delegate  
               responsibility to the state architect, or any other public  
               or private agency.  The correct way to ameliorate the  
               situation is to amend statute to align duties correctly,  
               not point back to the CDPH regulation which offers a  
               work-around to the misalignment of duties in the existing  
               statute.  










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             e)   Fee for inspections. Staff suggests this language be  
               modified as follows: (c) The local public health officer  
               may inspect the organized day camp or organized resident  
               camp  and charge a fee for that purpose, not to exceed the  
               reasonable cost of the inspection  .  Inspecting a camp will  
               be part of the authority and duty of the local health  
               officer. Consistent with most other fee-based regulatory  
               programs, similarly situated entities should be charged  
               fees based on overall regulatory costs, not on a  
               fee-for-service basis.    


             f)   State-reimbursable mandate? This bill is tagged as a  
               potentially state-reimbursable mandate.  However, since the  
               mandate tag was added the bill has been amended to broaden  
               local fee authority.  Section 18897.1. (g) now states, "The  
               local public health officer may charge a fee to recover any  
               necessary costs incurred in administering the provisions of  
               this part relating to organized camp oversight, [not to  
               exceed] the actual cost of organized camp oversight and  
               related activities." Since local agencies have authority to  
               fully recover costs, it does not appear that any  
               potentially state-reimbursable costs remain. 


          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081