BILL ANALYSIS Ó AB 2125 Page 1 Date of Hearing: April 27, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2125 (Chiu) - As Amended April 5, 2016 ----------------------------------------------------------------- |Policy |Health |Vote:|18 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Environmental Safety and Toxic | |7 - 0 | | |Materials | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires the California Department of Public Health (CDPH) to publish guidelines and model ordinances to assist local jurisdictions to voluntarily adopt local "Healthy Nail Salon" recognition programs. Specifically, this bill requires CDPH to: AB 2125 Page 2 1)Develop guidelines and model ordinances. It also specifies required elements. 2)Consult with the Department of Industrial Relations' Division of Occupational Safety and Health (Cal/OSHA) and other stakeholders, as specified. 3)Solicit and support voluntary implementation of Healthy Nail Salon programs through awareness campaigns directed at nail salon business owners and local governments, develop and implement a consumer awareness campaign, and develop and post specified informational resources. FISCAL EFFECT: GF costs of $390,000 per year for two years to CDPH to implement the bill, including review of current ordinances, development of a model ordinance, field evaluations of nail salon exposures, outreach and education, and other activities. COMMENTS: 1)Purpose. According to the author, chemicals in cosmetics used in nail salons can be harmful to workers and consumers. Alternatives to substances that cause serious harm are readily available. This bill is intended to assist more salons to voluntarily comply with improved health and safety practices, and to provide related education and outreach to workers and consumers. 2)Background. The Department of Toxic Substances Control (DTSC) noted in a 2012 report that three particularly toxic chemicals AB 2125 Page 3 are present in many nail products, even those that specifically claim to be free of these chemicals. These chemicals (dibutyl phthalate (DBP), toluene, and formaldehyde, dubbed the "toxic trio"), provoke health concerns including reproductive and developmental toxicity, as well as cancer. The 2012 report also recommended outreach and training of nail salon owners and workers about product safety concerns. Recognition programs offer a means to encourage industries to adopt certain practices on a voluntary basis. Some local governments have already adopted successful Healthy Nail Salon recognition programs, including the City and County of San Francisco, the Counties of Alameda, San Mateo, and Santa Clara, and the City of Santa Monica. Healthy Nail Salon criteria include proper ventilation systems; less toxic nail polish, removers, and thinners; use of gloves; a commitment to using safe products; and staff training. On August 26, 2015, a joint hearing on this issue was held by several Assembly committees, including the Select Committee on Women in the Workplace, Select Committee on Girls and Women of Color, and standing committees on Health, Business and Professions, and Labor. The hearing examined labor practices as well as health and safety concerns in the nail industry. One of the policy recommendations that emerged from the hearing was the statewide expansion of voluntary recognition programs, which this bill proposes. Exposure to toxins in nail salons is a particular concern for Vietnamese communities in California, since over half of all California nail salon workers are Vietnamese, many of whom are immigrants with limited English proficiency. 3)Overlapping jurisdiction. In addition to CDPH, many state entities play some role in protecting health and safety in AB 2125 Page 4 nail salons. In California, protecting workers from safety hazards at the workplace is the jurisdiction of Cal/OSHA. The Office of Environmental Health Hazard Assessment with the California Environmental Protection Agency (Cal/EPA) assesses health risks of common chemicals. The California Board of Barbering and Cosmetology regulates barbering and cosmetology services, including issuing education and licensure. The Safer Consumer Products program, which requires manufacturers or other responsible entities to seek safer alternatives to harmful chemical ingredients in widely used products, is administered by DTSC. DTSC has also released guidance on becoming a "green" nail salon, which included environmental issues such as solid waste and water conservation in addition to health and safety issues. 4)Related Legislation. a) AB 2025 (Gonzalez), pending in this committee, requires collaboration between the Board of Barbering and Cosmetology (BBC) as a condition of issuing an establishment license and to ensure that the applicant has knowledge of basic labor laws pertaining to the individuals who work in establishments, as specified; requires the BBC to consult with the Department of Industrial Relations (DIR) in developing and adding questions on the application for licensure; requires the BBC to consult with stakeholders and the DIR to create informational materials on basic labor laws; requires the BBC to translate all of its written materials in English, Spanish, and Vietnamese; and, beginning January 1, 2018, authorizes the BBC to collect voluntary demographic information of its applicants for licensure. b) AB 2437 (Ting), pending in the Assembly Committee on Business and Professions, requires a nail care services establishment to register with DIR and receive specified AB 2125 Page 5 training regarding workplace rights and wage and hour laws, authorizes DIR to charge a fee for the training costs; requires the BBC to deny the renewal of a license to a nail care establishment that is conducting business in violation of specified labor laws. 1)Support. This bill is supported by numerous health, labor, Asian advocacy, and environmental groups. It has no opposition. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081