Bill Text: CA SB497 | 2009-2010 | Regular Session | Amended


Bill Title: School recycling programs.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB497 Detail]

Download: California-2009-SB497-Amended.html
BILL NUMBER: SB 497	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2009

INTRODUCED BY   Senators Correa, Padilla, and Romero
   (Coauthor: Assembly Member Torlakson)

                        FEBRUARY 26, 2009

   An act to add and repeal Chapter 12.4 (commencing with Section
42615) of Part 3 of Division 30 of the Public Resources Code,
relating to school recycling programs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 497, as amended, Correa. School recycling programs.
   (1) Existing law establishes the public school system in this
state and, among other things, provides for the establishment of
school districts throughout the state and for their provision of
instruction at the public elementary and secondary schools they
operate and maintain. Existing law authorizes school districts to
establish and maintain a paper recycling program in all classrooms,
administrative offices, and other areas owned or leased by the school
district where a significant quality of wastepaper is generated or
may be collected. Existing law requires the California Integrated
Waste Management Board to develop and implement a source reduction
and recycling program for schools in which schools are encouraged,
but not required, to participate.
   This bill would express findings and declarations of the
Legislature with respect to the potential benefits of school
recycling programs. The bill would, until January 1, 2012, require
each school district  to consult with the local Community
Conservation Corps to obtain information in order  to
establish a beverage container recycling program at each school
campus and public office of that school district, but only to the
extent that the district does not incur costs. Under the bill, a
school district would be authorized to choose whether to operate its
own beverage container recycling program, to contact its local
Community Conservation Corps or another recycler to collect the
beverage containers, to provide a beverage container collection
program as a fundraising activity for the school district, or to
continue a recycling program in existence on January 1,  2009
  2010  . Because the bill would impose new duties
on school districts, it would constitute a state-mandated local
program.
   The bill would require the California Integrated Waste Management
Board and the Department of Conservation to provide specified
recycling supplies and materials to a school district to which the
bill is applicable upon request of that district. The bill would
authorize school districts to enter into an agreement or partnership
with a public agency or private sector or nonprofit entity to obtain
all or part of the supplies and information necessary for
participation in the beverage container recycling program and to use
the proceeds from the program for specified purposes.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Recycling saves energy, resources, and landfill space,
prevents emissions of many greenhouse gases and water pollutants,
creates jobs and helps the economy, reduces the need for
incinerators, and stimulates the development of greener technologies.

   (2) Only about one-fourth of the paper, aluminum, iron, and steel
used in the world is recovered for recycling.
   (3) Although the waste generated from school districts is only
about 2 percent of the statewide waste stream, within an individual
jurisdiction school district waste can represent as much as 10 to 15
percent of the total waste disposed in a jurisdiction.
   (4) Every year, commercial and industrial enterprises in
California spend more than $2.8 billion on the collection and
disposal of solid waste.
   (5) California currently generates approximately 68 million tons
of solid waste per year, about two tons annually per each man, woman,
and child in the state.
   (6) Recycling and other waste diversion efforts keep an estimated
28.5 million tons of solid waste out of the state's landfills
annually. Since 1990, cities and counties have diverted over 200
million tons of solid waste--enough to fill a line of garbage trucks
end-to-end that would circle the Earth's equator more than six times.

   (7) According to the Department of Conservation, only 14.7 billion
of the 22 billion beverage containers bought last year in California
were recycled.
   (8) The annual impact of recycling these billions of beverage
containers saves approximately 5.3 million barrels of oil and reduces
greenhouse gas emissions by approximately 617,000 metric tons.
   (9) Ongoing costs of collection and sorting efforts are typically
minimal compared to the savings from diversion and income realized
from the recycled materials.
   (10) California school districts dispose of large amounts of waste
(approximately 763,817 tons per year).
   (11) Incorporating waste reduction as part of the school district'
s overall way of doing business can provide a number of important
benefits:
   (A) Reduced disposal costs.
   (B) Improved worker safety.
   (C) Reduced long-term liability.
   (D) Increased efficiency of school operations.
   (E) Decreased associated purchasing costs.
   (12) The California Integrated Waste Management Act of 1989
requires that all California cities and counties divert 50 percent of
solid waste generation. School districts can play a critical role in
a city or county's ability to realize this goal.
   (13) School facilities that have implemented recycling programs
have been able to achieve diversion rates as high as 80 percent.
   (14) For example, the Desert Sands Unified School District was
able to save enough in avoided disposal costs to more than pay for
the program's full-time staff member. The district saved an
additional $57,000, which it transferred to the schools'
discretionary budgets based upon participation. Each school received
amounts ranging from $1,000 to $3,000, with a high of $7,000.
   (15) When pupils, faculty, administrators, and district office
staff use recycling bins for bottles and cans, they will accomplish
all of the following:
   (A) Reduce the district's waste collection and disposal
expenditures.
   (B) Help to raise money for our schools.
   (C) In some cases, they will help to increase the ability of their
local Community Conservation Corps to expand and help more at-risk
youth.
   (D) Send an important message to California's young people,
encouraging them to be aware of the environmental implications of
their actions, including the positive impact recycling has on
reducing global warming.
   (b) Therefore, it is the intent of the Legislature to enact
legislation to require each public school and school district office
in the state  to consult with the local Community
Conservation Corps or another recycler  to provide and
maintain a sufficient number of beverage container recycling bins for
participation in a local recycling program or to administer its own
recycling program.
  SEC. 2.  Chapter 12.4 (commencing with Section 42615) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 12.4.  SCHOOL BEVERAGE CONTAINER RECYCLING PROGRAM


   42615.  For purposes of this chapter, the following definitions
apply:
   (a) "Beverage container" has the same meaning as defined in
Section 14505.
   (b) "Recycler" has the same meaning as defined in Section 14519.5.

   (c) "Recycling center" has the same meaning as defined in Section
14520.
   (d) "School district" has the same meaning as defined in Section
80 of the Education Code.
   42616.  (a) A school district, only to the extent that it does not
incur costs, shall  consult with the local Community
Conservation Corps or another recycler to obtain information in order
to  establish a beverage container recycling program at
each school campus and public office of that school district. 
The school district may consult with the local Community Conservation
Corps or another recycler to obtain information on establishing the
program. 
   (b) Beverage container recycling program services may be provided
in a manner determined by the district, consistent with this division
and Division 12.1 (commencing with Section 14500), including, but
not limited to, any of the following:
   (1) Operating a beverage container recycling program by redeeming
containers that are collected on its campuses.
   (2) Providing for a local Community Conservation Corps or recycler
to collect the beverage containers.
   (3) Providing a beverage container collection program as a
fundraising activity for the school district.
   (4) Continuing a recycling program that is in existence on January
1,  2009   2010  . 
   (c) The proceeds from beverage container recycling may be used, at
the discretion of the school district governing board, for all of
the following consistent with this division and Division 12.1
(commencing with Section 14500):  
   (1) Reimbursement for the initial cost of acquiring beverage
container recycling bins.  
   (2) For transfers to a participating school's or district's
discretionary fund.  
   (3) For other costs, including the cost of personnel associated
with the maintenance of the beverage container recycling bins. 
   42617.  (a) Upon the request of a school district, the board and
the Department of Conservation shall provide a school district with
information and supplies, including, but not necessarily limited to,
any of the following:
   (1) Literature on how to start and run a school-based recycling
program in order to assist in funding school programs.
   (2) Contact information for the board and the Department of
Conservation.
   (3) Contact information for the nearest location of the local
Community Conservation Corps and for recycling centers.
   (b) Upon the request of a school district and subject to the
availability of funds, the board and the Department of Conservation
may provide a school district with a sufficient number of beverage
container recycling bins to meet the estimated need of the campus or
office to be served.
   (c) A school district may enter into an agreement or partnership
with a public agency or private sector or nonprofit entity to obtain
all or part of the supplies and information necessary for
participation in the program established by this article. 
   (d) The proceeds from beverage container recycling may be used, at
the discretion of the school district governing board, for all of
the following:  
   (1) Reimbursement for the initial cost of acquiring beverage
container recycling bins.  
   (2) For transfers to a participating school's or district's
discretionary fund.  
   (3) For other costs, including the cost of personnel associated
with the maintenance of the beverage container recycling bins.

   42620.  This chapter shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
        
feedback