BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2125


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          Date of Hearing:  April 27, 2016 


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2125 (Chiu) - As Amended April 5, 2016


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          |Policy       |Health                         |Vote:|18 - 0       |
          |Committee:   |                               |     |             |
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          |             |Environmental Safety and Toxic |     |7 - 0        |
          |             |Materials                      |     |             |
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          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: 










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          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  








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            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  








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            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  








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               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