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. |
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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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