Bill Text: CA SB518 | 2011-2012 | Regular Session | Amended

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Bill Title: Pupil data: California Longitudinal Pupil Achievement

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-29 - Ordered to inactive file on request of Assembly Member Allen. [SB518 Detail]

Download: California-2011-SB518-Amended.html

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BILL NUMBER: SB 518	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2012

INTRODUCED BY   Senator  Simitian   Lowenthal


                        FEBRUARY 17, 2011

    An act to amend Sections 14501 and 14551 of, and to
repeal Section 14523.5 of, the Public Resources Code, relating to
recycling.   An act to add Section 60902 to the
Education Code, relating to pupil data. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 518, as amended,  Simitian   Lowenthal
 .  Recycling: beverage containers.   Pupil
data: California Longitudinal Pupil Achievement Data System Advisory
Committee.  
   Existing law establishes the California Education Information
System, which consists of the California Longitudinal Pupil
Achievement Data System (CALPADS) and the California Longitudinal
Teacher Integrated Data Education System. Existing law requires the
State Department of Education to contract for the development of
proposals that will provide for the retention and analysis of
longitudinal pupil achievement data, known as CALPADS.  
   This bill would require the Superintendent of Public Instruction
to establish a California Longitudinal Pupil Achievement Data System
Advisory Committee to advise and provide recommendations to the
Governor, the Superintendent, the State Board of Education, and the
Legislature on matters relating to CALPADS, as specified. The bill
would require the advisory committee to consist of 23 members, as
specified, and to be cochaired by the president of the state board
and the Superintendent, or their respective designees. The bill would
provide that advisory committee members shall serve without
compensation or reimbursement for travel or any other costs
associated with service on the advisory committee. The bill would
require the advisory committee to report its recommendations
regarding CALPADS to the Governor, the Legislature, the
Superintendent, and the state board by January 1, 2014. 

   Existing law, the California Beverage Container Recycling and
Litter Reduction Act, requires the Department of Resources Recycling
and Recovery to establish reporting periods of 6 months each for
redemption rates and recycling rates for specified types of beverage
containers. The act also requires the department to determine the
redemption rates and recycling rates for those beverage containers
for each reporting period and to issue a report on those
determinations. The act defines various words for purposes of those
provisions, including "redemption rate." The act also makes various
findings and declarations, including a declaration that, when the
redemption rate for any one type of beverage container falls below
65%, the act provides for an increased refund value. 

   This bill would delete the provisions that require the department
to establish reporting periods for redemption rates and that require
the department to determine redemption rates for specified types of
beverage containers. The bill also would delete the definition of
redemption rate and make other conforming changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 60902 is added to the 
 Education Code   , to read:  
   60902.  (a) The Superintendent shall establish a California
Longitudinal Pupil Achievement Data System Advisory Committee to
advise and provide recommendations to the Governor, the
Superintendent, the state board, and the Legislature on all of the
following:
   (1) The ability of CALPADS to serve local, state, and federal
pupil data needs and compliance.
   (2) The steps necessary to expand CALPADS to create a
comprehensive data system that tracks progress from preschool through
postsecondary education and employment.
   (3) A review of CALPADS' objectives, usefulness, long-term
implications, and compatibility with increasingly applicable federal
requirements.
   (4) If and how CALPADS has been useful to pupils and their
families, including, but not limited to, providing increased
eligibility for, and access to, pupil services such as free and
reduced-price lunches and pupil record transfers.
   (5) If and how CALPADS does or will save local educational
agencies and the state time and money and result in higher quality
pupil data.
   (b) The advisory committee shall consist of 23 members, as
follows:
   (1) The Superintendent, or his or her designee, shall be an ex
officio member.
   (2) The president of the state board, or his or her designee,
shall be an ex officio member.
   (3) Seven members shall be appointed by the Superintendent. The
members appointed by the Superintendent shall include, but are not
limited to, a department employee, a certificated teacher, a school
district or county office of education administrator, and a
researcher with experience using state, county, school district, and
pupil data.
   (4) Six members shall be appointed by the state board. The members
appointed by the state board shall include, but are not limited to,
a researcher with experience using state, county, school district,
and pupil data, and a representative from the California Technology
Agency.
   (5) Four members shall be appointed by the Speaker of the
Assembly. The members appointed by the Speaker of the Assembly, to
the greatest extent possible, shall include, but are not limited to,
a parent and a certificated teacher.
   (6) Four members shall be appointed by the Senate Committee on
Rules. The members appointed by the Senate Committee on Rules, to the
greatest extent possible, shall include a parent, a certificated
teacher, a school district or county office of education
administrator, and a researcher with experience using state, county,
school district, and pupil data.
   (c) The advisory committee shall be cochaired by the president of
the state board and the Superintendent, or their respective
designees.
   (d) Members of the advisory committee shall serve without
compensation. Members of the advisory committee shall not be
reimbursed for travel or any other costs associated with serving on
the advisory committee.
   (e) Members appointed pursuant to subdivision (b) shall include
representatives of each of the stakeholder groups necessary to
consider the future of pupil data collection and the usefulness of
the data and system on a local, state, and federal level, including,
but not limited to, parents, teachers, school administrators,
researchers, the department, and the California Technology Agency.
   (f) On or before January 1, 2014, the advisory committee shall
report its recommendations developed pursuant to subdivision (a) to
the Governor, the Legislature, the Superintendent, and the state
board.
   (g) For purposes of this section, "CALPADS" means the California
Longitudinal Pupil Achievement Data System developed pursuant to
Section 60900.  
  SECTION 1.    Section 14501 of the Public
Resources Code is amended to read:
   14501.  The Legislature finds and declares as follows:
   (a) Experience in this state and others demonstrates that
financial incentives and convenient return systems ensure the
efficient and large-scale recycling of beverage containers.
Accordingly, it is the intent of the Legislature to encourage
increased, and more convenient, beverage container redemption
opportunities for all consumers. These redemption opportunities shall
consist of dealer and other shopping center locations, independent
and industry operated recycling centers, curbside programs, nonprofit
dropoff programs, and other recycling systems that assure all
consumers, in every region of the state, the opportunity to return
beverage containers conveniently, efficiently, and economically.
   (b) California grocery, beer, soft drink, container manufacturing,
labor, agricultural, consumer, environmental, government, citizen,
recreational, taxpayer, and recycling groups have joined together in
calling for an innovative program to generate large-scale redemption
and recycling of beverage containers.
   (c) This division establishes a beverage container recycling goal
of 80 percent.
   (d) It is the intent of the Legislature to ensure that every
container type proves its own recyclability.
   (e) It is the intent of the Legislature to make redemption and
recycling convenient to consumers, and the Legislature hereby urges
cities and counties, when exercising their zoning authority, to act
favorably on the siting of multimaterial recycling centers, reverse
vending machines, mobile recycling units, or other types of recycling
opportunities, as necessary for consumer convenience, and the
overall success of litter abatement and beverage container recycling
in the state.
   (f) The purpose of this division is to create and maintain a
marketplace where it is profitable to establish sufficient recycling
centers and locations to provide consumers with convenient recycling
opportunities through the establishment of minimum refund values and
processing fees and, through the proper application of these
elements, to enhance the profitability of recycling centers,
recycling locations, and other beverage container recycling programs.

   (g) The responsibility to provide convenient, efficient, and
economical redemption opportunities rests jointly with manufacturers,
distributors, dealers, recyclers, processors, and the Department of
Resources Recycling and Recovery.
   (h) It is the intent of the Legislature, in enacting this
division, that all empty beverage containers redeemed shall be
recycled, and that the responsibilities and regulations of the
department shall be determined and implemented in a manner which
favors the recycling of redeemed containers, as opposed to their
disposal.
   (i) Nothing in this division shall be interpreted as affecting the
current business practices of scrap dealers or recycling centers,
except that, to the extent they function as a recycling center or
processor, they shall do so in accordance with this division.
   (j) The program established by this division will contribute
significantly to the reduction of the beverage container component of
litter in this state.  
  SEC. 2.    Section 14523.5 of the Public Resources
Code is repealed.  
  SEC. 3.    Section 14551 of the Public Resources
Code is amended to read:
   14551.  (a) The department shall establish reporting periods for
the reporting of recycling rates. Each reporting period shall be six
months. The department shall determine all of the following for each
reporting period and shall issue a report on its determinations,
within 130 days of the end of each reporting period:
   (1) Sales of beverages in aluminum beverage containers, bimetal
beverage containers, glass beverage containers, plastic beverage
containers, and other beverage containers in this state, including
refillable beverage containers.
   (2) Returns for recycling, and returns not for recycling, of empty
aluminum beverage containers, bimetal beverage containers, glass
beverage containers, plastic beverage containers, and other beverage
containers in this state, including refillable beverage containers
returned to distributors pursuant to Section 14572.5. These numbers
shall be calculated using the average current weights of beverage
containers, as determined and reported by the department.
   (3) An aluminum beverage container recycling rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned for recycling, including refillable aluminum beverage
containers, and the denominator of which shall be the number of
aluminum beverage containers sold in this state.
   (4) A bimetal beverage container recycling rate, the numerator of
which shall be the number of empty bimetal containers returned for
recycling, including refillable bimetal beverage containers, and the
denominator of which shall be the number of bimetal beverage
containers sold in this state.
   (5) A glass beverage container recycling rate, the numerator of
which shall be the number of empty glass beverage containers returned
for recycling, including refillable glass beverage containers, and
the denominator of which shall be the number of glass beverage
containers sold in this state.
   (6) A plastic beverage container recycling rate, the numerator of
which shall be the number of empty plastic beverage containers
returned for recycling, including refillable plastic beverage
containers, and the denominator of which shall be the number of
plastic beverage containers sold in this state.
   (7) A recycling rate for other beverage containers, the numerator
of which shall be the number of empty beverage containers other than
those containers specified in paragraphs (1) to (6), inclusive,
returned for recycling, and the denominator of which shall be the
number of beverage containers, other than those containers specified
in paragraphs (1) to (6), inclusive, sold in this state.
   (8) The department may define categories of other beverage
containers, and report a recycling rate for each of those categories
of other beverage containers.
   (9) The volumes of materials collected from certified recycling
centers, by city or county, as requested by the city or county, if
the reporting is consistent with the procedures established pursuant
to Section 14554 to protect proprietary information.
   (b) The department shall determine the manner of collecting the
information for the reports specified in subdivision (a), including
establishing procedures, to protect any proprietary information
concerning the sales and purchases.