BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2125 (Chiu) - Healthy Nail Salon Recognition Program
          
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          |Version: August 1, 2016         |Policy Vote: E.Q. 7 - 0, B., P. |
          |                                |          & E.D. 9 - 0          |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Narisha Bonakdar    |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 2125 requires the Department of Toxic Substance  
          Control (DTSC) to publish guidelines for a Healthy Nail Salon  
          Recognition Program, which will be voluntarily implemented at  
          the local level, and specifies components that may be required  
          in the program. 


          Fiscal  
          Impact:  
           Approximately $152,000 annually (Toxic Substances Control  
            Account) to DTSC to develop and administer the program.
           Minor, if any costs, to the State Board of Barbering and  
            Cosmetology.


          Background:  Health impacts from exposure to nail products:  According to  
          DTSC, nail products commonly contain toxic chemicals that can  
          pose health and safety concerns, especially for the roughly  
          121,000 nail salon workers in California.  Among the many  







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          potentially toxic chemicals found in nail products, dibutyl  
          phthalate (DBP), toluene, and formaldehyde, collectively  
          referred to as the "toxic-trio," are at the center of ongoing  
          public attention.  California has recognized that exposure to  
          these three chemicals is associated with cancer, birth defects,  
          asthma, and other chronic health conditions.

          Local HNSR programs:  According to the Healthy Nail Salon  
          Collaborative (Collaborative), a cosponsor of this bill, the  
          Healthy Nail Salon Campaign in San Francisco in 2009 was  
          implemented by establishing a partnership with the former San  
          Francisco Supervisor, now Assemblymember and author of this  
          bill, David Chiu, and the San Francisco Department of  
          Environment.  In October of 2010, the City and County of San  
          Francisco passed an ordinance directing the San Francisco  
          Department of Environment to create a voluntary recognition  
          program for nail salons that implemented safer practices and  
          products to protect the health of salon staff, the health of  
          customers and the environment.  To qualify for the recognition  
          program, nail salons must use nail products that do not contain  
          the "toxic-trio" or additional chemicals designated by San  
          Francisco Department of Environment, and follow designated  
          protocols, such as ventilating the salon, requiring staff to  
          wear nitrile gloves, and educating staff on safer nail products  
          and procedures.  

          The Collaborative notes that local HNSR programs exist in  
          Alameda County, San Francisco, San Mateo County, and the City of  
          Santa Monica.  These programs are modeled after the original  
          program in San Francisco. An established working group,  
          comprised of the above localities as well as worker health  
          groups, meets regularly to share information and resources.   
          Standardized HNSR program materials are created, translated, and  
          used by participating entities, reducing start up and operating  
          costs for each local government interested in implementing an  
          HNSR program.

          The goal of this bill is to establish state criteria for HNSR  
          programs so that additional jurisdictions can adopt such  
          programs.  

          Recent state action on toxics in nail salons:  On March 27,  
          2013, DTSC released its document, "Guidance on Becoming a  
          'Greener' Nail Salon," under its Pollution Prevention Program.   








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          The document lays out criteria that nail salons must meet in  
          order to be considered a "green" nail salon.  In addition to  
          criteria similar to those required by local established HNSR  
          programs and by this bill, this document considers additional  
          environmental factors such as reduced energy consumption;  
          reduced water use; reduced wastewater generation; reduced solid  
          waste generation; and, educating customers about best practices.  
           Because DTSC's Pollution Prevention Program was essentially  
          defunded, DTSC did not undertake outreach or establish a state  
          program for "green" nail salons.  

          On August 26, 2015, the Assembly held an informational hearing  
          on the "Labor Practices, Health, and Safety in California Nail  
          Salons."   The hearing was jointly hosted by the Assembly Select  
          Committee on Women in the Workplace, the Assembly Select  
          Committee on Girls and Women of Color, and the Assembly  
          Committees on Health, Business and Professions, and Labor.  The  
          purpose of the hearing was for state agencies, advocates, and  
          industry to obtain and share information, address concerns, and  
          discuss policy recommendations regarding nail salon practices.   
          Among the policy recommendations discussed was the statewide  
          expansion of voluntary incentive-based programs that recognize  
          nail salons that implement healthy practices for workers and  
          consumers. 


          Proposed Law:  
            This bill:
          1)Requires DTSC to, by January 1, 2018, publish guidelines for a  
            HNSR voluntarily implemented by local governments.


          2)Specifies guidelines for any program adopted.


          3)Authorizes DTSC to prioritize outreach to counties that have  
            the greatest number of nail salons.


          4)Authorizes the State Board of Barbering and Cosmetology to  
            notify local governments if a nail salon is found to be in  
            violation.










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          Staff  
          Comments:  According to DTSC:

          In order to implement AB 2125, DTSC will need 1.0 permanent  
          full-time Environmental Scientist and 0.5 permanent Associate  
          Governmental Program Analyst per year.  The program established  
          by this legislation will be funded through the Toxic Substances  
          Control Account (TSCA), which also funds cleanups of  
          contaminated properties, Safer Consumer Products regulatory  
          work, and pollution prevention efforts.  Without additional  
          resources to support the new program that AB 2125 would create,  
          DTSC would be required to shift resources from existing efforts  
          to cover implementation related costs.  

          Environmental Scientist and Associate Governmental Program  
          Analyst Duties
          The Environmental Scientist (ES) and Associate Governmental  
          Program Analyst (AGPA) will both work to develop, implement, and  
          support the HNSRs.  They will develop implementation guidelines  
          for the HNSRs to be used by cities and counties. The ES and AGPA  
          will work with local agencies to develop materials for outreach  
          and education. In addition, they will provide technical support  
          to cities and counties with HNSRs.

          The ES will be required to research ingredients and formulations  
          of products used in salons.  A list of hazardous chemicals that  
          should not be present in products used by participating nail  
          salons will be identified. The ES will also be required to  
          research and make recommendations for best practices to reduce  
          exposure to toxic materials. 

          The AGPA will be responsible for outreach efforts and will  
          assist with coordination and outreach to cities and counties.  
          One of the duties of the AGPA may involve developing surveys to  
          be conducted by cities and counties on the effectiveness of the  
          HNSRs. The AGPA will prepare reports on the adoption of HNSRs. 

          DTSC will keep guidelines up-to-date and provide technical  
          support on an ongoing basis as the adoption of HNSRs increases.  
          These estimates are based on DTSC's experience in developing and  
          administrating local pollution prevention programs. 









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          Staff notes that DTSC may adapt guidelines used for the existing  
          local healthy nail salon recognition programs.  Also, given that  
          the program is voluntary and is administered by the local level  
          provide for minimal state costs to achieve the intent of this  
          bill.  


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