BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2125 (Chiu) - Healthy Nail Salon Recognition Program ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 1, 2016 |Policy Vote: E.Q. 7 - 0, B., P. | | | & E.D. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Narisha Bonakdar | | | | ----------------------------------------------------------------- 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 AB 2125 (Chiu) Page 1 of ? 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. AB 2125 (Chiu) Page 2 of ? 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. AB 2125 (Chiu) Page 3 of ? 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. AB 2125 (Chiu) Page 4 of ? 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. -- END --