INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS
TITLE 8: Chapter 4, Subchapter 4, Article 4,
Sections 1529, 1532, 1535 of the Construction Safety Orders;
Chapter 4, Subchapter 7, Article 110, Sections 5200, 5201 5202, 5203,
5207, 5208, 5208.1, 5209, 5210, 5211, 5212, 5213, 5214, 5215, 5217,
5218, 5219, and 5220 of the General Industry Safety orders; and
Chapter 4, Subchapter 18, Article 4, Section 8358 of the
Ship Building, Ship Repairing and Ship Breaking Safety Orders

Carcinogen Report of Use Requirements


PROBLEM ADDRESSED BY PROPOSED ACTION

Pursuant to Labor Code section 9030, the Occupational Safety and Health Standards Board (Board) must adopt one or more standards requiring employers to report the use of a regulated carcinogen to the Division of Occupational Safety and Health (Division). Labor Code section 9030 further specifies that the Board can amend or repeal such standards and that any proposed standards must be at least as detailed as the reporting requirements of the 1986 version of Title 8, sections 5209 and 5210. Finally, Labor Code sections 142.3 and 9020 require that any proposed standard must be at least as restrictive as federal standards.

This proposal was initiated by Board staff to consolidate and make consistent the report of use requirements for all the regulated carcinogens in Title 8. The current report of use requirements vary from standard to standard which causes needless complexity and confusion for Board and Division staff and the regulated public in determining when and how to report the use of each regulated carcinogen.

Over the past 25 years, almost 20 regulated carcinogen standards have been added to Title 8. Each one of these substance specific standards has a subsection that requires the employer to report the use of carcinogens to the Division. Over the years, the specifics of when and how such a report shall be filed with the Division has varied. Three main reasons appear to have contributed to the variation in reporting from standard to standard. First, the standards were not developed by the same Board or Division staff so editorial styles changed. Second, the uniqueness of each standard sometimes required different reporting thresholds or terminology. Finally, the Division’s reporting needs varied depending on the substance and the program objectives.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

The purpose of this proposal is to reduce the regulatory complexity of all the existing report of use regulations for carcinogens by consolidating the requirements into one standard. Consolidating the report of use requirements will also serve the purpose of updating the reporting requirements to meet the current needs of the Division for such reports. The proposal will impose some minor increases in reporting requirements for some carcinogens and allow some minor decreases in reporting requirements for other carcinogens. However, the net effect is intended to ensure that all requirements are effective and necessary in meeting the statutory reporting requirements of Labor Code section 9030 of the Occupational Carcinogen Control Act. The proposal is also necessary to eliminate duplication and reduce the regulatory burden of having to locate, comply with, and understand the minor differences and inconsistencies of the numerous reporting requirements in Title 8.

Section 1529, Asbestos.

The purpose of amending subsection (r)(2), Report of Use, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements which will keep the same trigger of 0.1% and initial reporting will change from prior to use to 15 days after use. Portions of subsection (r)(1) and the note in (r)(2) are retained, since asbestos also has registration requirements in sections 341.6 to 341.9. The note, related definitions, and the exemption regarding registration advise the employer of those requirements and the fact that meeting those registration requirements meet most of the report of use requirements for asbestos. Incident reporting will be renamed to emergency reporting for consistency with other sections. The posting of such incident reports will be changed from 30 days after the incident to 30 days after filing of the written report since the written report may not be generated until 15 days after the incident occurs. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

 

Section 1532, Cadmium.

The purpose of amending subsection (p), Reporting requirements, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are substantially the same. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 1535, Methylenedianiline.

The purpose of amending subsection (q), Reporting requirements, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are substantially the same. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5200, Methylenedianiline.

The purpose of amending subsection (p), Reporting requirements, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are substantially the same. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5201, Butadiene.

The purpose of amending subsection (n), Reporting requirements, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are substantially the same. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5202, Methylene Chloride.

The purpose of amending subsection (o), Reporting requirements, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are substantially the same. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

New Section 5203, Carcinogen Report of Use Requirements.

The purpose of new subsection (a), Scope, is to require that all regulated carcinogens have the same report of use requirements unless otherwise specified by statute. For example, the note to subsection (a) advises the regulated public that Asbestos does have additional reporting and registration requirements required by statute. Since, Labor Code section 9030 requires that all users of regulated carcinogens report that use to the Division, this subsection and note is necessary to convey that requirement in a manner that is consistent with existing sections 5209 and 5210 as well as their counterpart federal standards.

The purpose of new subsection (b), Definitions, is to clarify the terms used in the section of Chief, emergency, regulated carcinogen, and use. The definition of Chief is necessary to be consistent with existing definitions of the term throughout Title 8. The definition of emergency is necessary to provide examples of conditions that require immediate reporting and which are consistent with the existing requirements of sections 5209 and 5210 as well as their counterpart federal standards. The definition of regulated carcinogen is necessary to limit which chemicals and their substance specific sections require reporting under Labor Code section 9030. The definition of use is necessary to provide examples of activities that are consistent with Labor Code section 9009, the related substance specific standards and the existing requirements of sections 5209 and 5210 as well as their counterpart federal standards.

The purpose of new subsection (c), Use that requires reporting, is to specify the conditions that trigger an employer’s obligation to report. To be consistent with the existing requirements of sections 5209 and 5210 as well as their counterpart federal standards, subsection (c)(1) is necessary to trigger reporting whenever a regulated area is established. The concept of regulated area is used in most of the substance specific carcinogen standards to specify work areas where employees maybe significantly exposed and require at least some level of protection. Subsection (c)(2) is necessary for those substance specific carcinogen sections that do not use the concept of regulated area to define when significant exposures may occur. In those situations, potential exposure to a concentration of 0.1% is used since that is the trigger in several of those sections and that level is consistent with the carcinogen information dissemination requirements of section 5194, Hazard Communication.

The purpose of new subsection (d), Report of use, is to specify when and where a required written report shall be provided. Subsection (d)(1), initial reporting and subsection (d)(2), report of changes within 15 days are necessary to be consistent with the existing requirements of sections 5209 and 5210 as well as their counterpart federal standards. Subsection (d)(3) is necessary to specify where the written reports shall be sent. Subsection (d)(4) is necessary to specify the information needed by the Division to carry out its requirements in Labor Code section 9031 and to be consistent with the existing requirements of sections 5209 and 5210 as well as their counterpart federal standards. A note to subsection (d)(4) was added to assist the employer by making a non-mandatory form available that can be used to meet the subsection’s information reporting requirements. 

The purpose of new subsection (e), Temporary Worksite Notification, is to provide a reporting alternative for employers with frequent location changes. Under subsection (d)(2) any location change would have to be reported in writing within 15 days. To reduce that paperwork requirement and provide the Division with adequate notice of temporary locations, subsection (e) is necessary. The proposed language of subsection (e) is consistent with the existing requirements of all the substance specific carcinogen standards adopted in the last ten years and similar to other Division notification requirements such as those for subsection (f), Emergency.

The purpose of new subsection (f), Emergency, is to require more immediate reporting of emergency situations so the Divisions can evaluate and take appropriate action. The 24 hour notification and follow-up written information within 15 days is necessary to be consistent with the existing requirements of sections 5209 and 5210 as well as their counterpart federal standards.

The purpose of new subsection (g), Posting, is to require the employer to notify affected employees of the information that is provided in the report of use. When employees no longer use a carcinogen or occupy the site, the report of use and/or temporary worksite notifications may be removed when work since employees are no longer potentially exposed. Similarly, when an emergency is over and a written report has been filed, a report of an emergency may be removed 30 days after it has been filed with the chief. 30 days is consistent with existing posting time periods and allows employees and the Division sufficient time to view the posted information before it is removed. These posting requirements are necessary to meet the requirements of Labor Code section 9031 and to be consistent with the existing requirements of sections 5209 and 5210 as well as their counterpart federal standards.

Section 5207, Cadmium.

The purpose of amending subsection (p), Reporting requirements, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are substantially the same. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5208, Asbestos.

The purpose of amending subsection (o), Report of Use, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered at the same 0.1% level and initial reporting is changed from prior to use to 15 days after use. Incident reporting will be renamed to emergency reporting for consistency with other sections. The posting of such incident reports will be changed from 30 days after the incident to 30 days after filing of the written report since the written report may not be generated until 15 days after the incident occurs. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5208.1, Non-Asbestiform Tremolite, Anthophylite, and Actinolite.

The purpose of amending subsection (l), Reports of Use, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered at the same 0.1% level and initial reporting is changed from prior to use to 15 days after use. Temporary worksite notification requirements are proposed to be changed from prior to work to 24 hours prior to work to be consistent with other sections and to give the Division more time to act on such notifications. Incident reporting will be renamed to emergency reporting for consistency with other sections. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5209, Carcinogens.

The purpose of amending subsection (f), Reports, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered at the same level (i.e. regulated areas). The initial reporting time period is proposed to be changed from 30 days to 15 days after use. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. A posting requirement will also be added to be consistent with other sections and be in compliance with the Labor Code. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5210, Vinyl Chloride.

The purpose of amending subsection (n), Reports, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered at the same level (i.e. regulated areas). The initial reporting time period is proposed to be changed from 30 days to 15 days after use. The time period to file a written report on emergencies will change from 10 days to 15 days to be consistent with other sections and with the initial reporting time period. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5211, Coke Oven Emissions.

The purpose of amending subsection (x), Reporting, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered at the same level (i.e. regulated areas). The initial reporting time period is proposed to be changed from 30 days to 15 days after use. Requirements for temporary worksite notifications, emergency reporting and posting will be added to be consistent with other sections. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5212, 1,2 Dibromo-3-Chloropropane (DBCP).

The purpose of amending subsection (d), Notification of Use and Emergencies, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered when regulated areas are required instead of introduction into the workplace. The initial reporting time period is proposed to be changed from 10 days to 15 days after use. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5213, Acrylonitrile.

The purpose of amending subsection (d), Reporting of Use and Emergencies, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered when regulated areas are required instead of introduction into the workplace. The initial reporting time period is proposed to remain the same at 15 days after use. The emergency reporting requirements are proposed to change from 72 hours to 24 hours. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. Posting time periods have been changed from 60 days to indefinitely unless the use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement. 

Section 5214, Inorganic Arsenic.

The purpose of amending subsection (d), Registration of Use and Reporting of Incidents, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered when regulated areas are required instead of introduction into the workplace. The initial reporting time period is proposed to be changed from 60 days to 15 days after use. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. Posting time periods have been changed from 30 days to indefinitely unless the use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5215, 4,4’-Methylenebis(2-Chloroaniline).

The purpose of amending subsection (n), Reports, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered at the same level (i.e. regulated areas). The initial reporting time period is proposed to be changed from 30 days to 15 days after use. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5217, Formaldehyde.

The purpose of amending subsection (p), Reporting requirements, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered when regulated areas are required instead of at the action level. The initial reporting time period is proposed to remain the same at 15 days after use. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. Posting time periods have been changed from 30 days to indefinitely unless the use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement. 

Section 5218, Benzene.

The purpose of amending subsection (m), Reporting requirements, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered at the same level of 0.1%. The initial reporting time period is proposed to remain the same at 15 days after use. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. Posting time periods have been changed from 30 days to indefinitely unless the use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5219, Ethylene Dibromide (EDB).

The purpose of amending subsection (d), Reporting of Use and Emergencies, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered when regulated areas are required instead of introduction into the workplace. The initial reporting time period is proposed to be changed from 24 hours to 15 days after use. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. The posting of emergency reports will be changed from 30 days after the emergency to 30 days after filing of the written report since the written report may not be generated until 15 days after the emergency occurs. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 5220, Ethylene Oxide.

The purpose of amending subsection (m), Notification of Use and Emergencies, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered when regulated areas are required instead of introduction into the workplace. The initial reporting time period is proposed to be changed from 10 days to 15 days after use. A temporary worksite notification requirement will be added to be consistent with other sections and to use a more immediate but less paperwork option in such situations. Posting time periods have been changed since it is not necessary to make employees aware of carcinogen use after that use or an emergency situation has stopped. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

Section 8358, Asbestos.

The purpose of amending subsection (q), Reports of use, is to delete the existing reporting requirements and replace them with a reference to see section 5203 for the new report of use requirements that are triggered at the same level of 0.1%. The initial reporting time period is proposed to be changed from prior to use to 15 days after use. Incident reporting will be renamed to emergency reporting for consistency with other sections. The posting of such incident reports will be changed from 30 days after the incident to 30 days after filing of the written report since the written report may not be generated until 15 days after the incident occurs. The proposed changes are necessary to meet the Labor Code requirements for reporting in a manner that will improve the understanding and compliance by eliminating duplication, inconsistency and the overall complexity of the state’s carcinogen reporting requirement.

REFERENCE TO COMPARABLE FEDERAL REGULATION

Title 29 Code of Federal Regulations section 1910.1003, 13 carcinogens and section 1910.1017, vinyl chloride have similar reporting requirements.

DOCUMENTS RELIED UPON

None.

IDENTIFIED ALTERNATIVES THAT WOULD LESSEN ADVERSE
IMPACT ON SMALL BUSINESSES

No adverse impact on small businesses is anticipated from the implementation of the proposed amendments. Therefore, no alternatives which would lessen the impact on small businesses have been identified.

FINDING OF NECESSITY FOR REPORT REQUIREMENT

The Board finds that it is necessary for the health, safety and welfare of the people of the state that this regulation's reporting requirements apply to business because Labor Code section 9030 requires such reporting.

SPECIFIC TECHNOLOGY OR EQUIPMENT

This proposal will not mandate the use of specific technologies or equipment.

COST ESTIMATES OF PROPOSED ACTION

For most of the regulated carcinogens, the new section’s requirements are mainly editorial and clarifying in nature and do not impose a significant change on the regulated public. For some regulated carcinogens like DBCP, Ethylene Dibromide and Ethylene Oxide, the new reporting requirements are slightly less restrictive in what uses are to be reported and/or what timeframe reports must be filed. For a few other regulated carcinogens like coke ovens, arsenic, and MBOCA, the new requirements are slightly more restrictive. Overall, the more and less restrictive changes in reporting balance each other out and do not impose a significant change. In addition, consolidating the reporting requirements is expected to reduce the administrative burden on the regulated public and improve the collection of carcinogen use information by the Division.

Costs or Savings to State Agencies

No costs or savings to state agencies will result as a consequence of the proposed action.

Impact on Housing Costs

The proposal will not significantly affect housing costs.

Impact on Businesses

This proposal will not result in a significant adverse economic impact on businesses, including the ability of California businesses to compete with other businesses. As proposed, businesses will not need to submit any more or less carcinogen use reports. The proposal is intended to clarify and simplify the reporting requirements by making the type of information and time periods uniform for all regulated carcinogens.

Cost Impact on Private Persons or Entities

The proposal will not require private persons or entities to incur additional costs in complying with the proposal.

Costs or Savings in Federal Funding to the State

The proposal will not result in costs or savings in federal funding to the state.

Costs or Savings to Local Agencies or School Districts Required to be Reimbursed

No costs to local agencies or school districts are required to be reimbursed. See explanation under "Determination of Mandate."

Other Nondiscretionary Costs or Savings Imposed on Local Agencies

This proposal does not impose nondiscretionary costs or savings on local agencies.

DETERMINATION OF MANDATE

The Occupational Safety and Health Standards Board has determined that the proposed regulations do not impose a mandate requiring reimbursement by the state pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code because the proposed amendments will not require local agencies or school districts to incur additional costs in complying with the proposal. Furthermore, these regulations do not constitute a "new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution."

The California Supreme Court has established that a "program" within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal.3d 46.)

These proposed regulations do not require local agencies to carry out the governmental function of providing services to the public. Rather, the regulations require local agencies to take certain steps to ensure the safety and health of their own employees only. Moreover, these proposed regulations do not in any way require local agencies to administer the California Occupational Safety and Health program. (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)

These proposed regulations do not impose unique requirements on local governments. All employers - state, local and private - will be required to comply with the prescribed standards.

PLAIN ENGLISH STATEMENT

It has been determined that the proposal may affect small business. The express terms of the proposal written in plain English have been prepared by the Board pursuant to Government Code Sections 11342(e) and 11346.2(a)(1) and the informative digest for this proposal constitutes a plain English overview.

ASSESSMENT

The adoption of the proposed amendments to these regulations will neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

ALTERNATIVES THAT WOULD AFFECT PRIVATE PERSONS

No alternatives considered by the Board would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.