BILL NUMBER: AB 1548 CHAPTERED
BILL TEXT
CHAPTER 665
FILED WITH SECRETARY OF STATE OCTOBER 3, 2003
APPROVED BY GOVERNOR OCTOBER 2, 2003
PASSED THE ASSEMBLY SEPTEMBER 10, 2003
PASSED THE SENATE SEPTEMBER 4, 2003
AMENDED IN SENATE SEPTEMBER 3, 2003
AMENDED IN SENATE AUGUST 18, 2003
AMENDED IN SENATE JULY 17, 2003
AMENDED IN SENATE JUNE 30, 2003
AMENDED IN ASSEMBLY MARCH 26, 2003
INTRODUCED BY Assembly Member Pavley
(Coauthor: Senator Torlakson)
FEBRUARY 21, 2003
An act to amend Sections 33541, 51226.4, and 60041 of the
Education Code, to amend Sections 40507, 42622, 42645, and 42647 of,
and to add Part 4 (commencing with Section 71300) to Division 34 of,
to repeal Section 42603 of, the Public Resources Code, relating to
environmental education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1548, Pavley. Office of Education on the Environment.
Existing law establishes the Office of Integrated Environmental
Education within the Integrated Waste Management Board, and requires
the office to develop and implement a unified education strategy on
the environment for elementary and secondary schools.
This bill would repeal those provisions and, instead, establish
the Office of Education and the Environment with similar duties. The
bill would require the Office of Education and the Environment to
report to both the Secretary for Environmental Protection and to the
board.
This bill would require the office to develop education principles
for the environment for elementary and secondary school pupils by
July 1, 2004, as prescribed. The bill would require the office to
develop a model curriculum incorporating these principles and to
submit the model curriculum for consideration and approval, as
prescribed.
The bill would require the State Department of Education to
incorporate the materials developed by the office into prescribed
publications, and would require the State Department of Education to
make the curriculum available electronically. The bill would require
the office to coordinate with all state agencies, as prescribed.
Existing law requires school district governing boards, when
adopting instructional materials for use in schools, to include only
materials that accurately portray prescribed conditions.
This bill would, in addition, require the governing boards, when
adopting instructional materials to include only materials that
accurately portray the educational principles for the environment,
thereby imposing a state-mandated local program.
This bill would establish the Environmental Education Account and
would authorize deposit of funds from prescribed sources for
expenditure for the purposes of this bill, upon appropriation by the
Legislature.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33541 of the Education Code is amended to read:
33541. (a) The State Board of Education and the department shall
revise, as necessary, the framework in science to include the
necessary elements to teach environmental education, including, but
not limited to, all of the following topics:
(1) Integrated waste management.
(2) Energy conservation.
(3) Water conservation and pollution prevention.
(4) Air resources.
(5) Integrated pest management.
(6) Toxic materials.
(7) Wildlife conservation and forestry.
(b) The Office of Education and the Environment of the California
Integrated Waste Management Board, established pursuant to Part 4
(commencing with Section 71300) of Division 34 of the Public
Resources Code, shall provide the State Board of Education and the
department with available environmental information and materials to
aid in implementing subdivision (a).
(c) Any recommended revisions in reference to the course
requirements in science shall not be implemented until the
commencement of the appropriate curriculum framework adoption cycle
subsequent to the revision.
SEC. 2. Section 51226.4 of the Education Code is amended to read:
51226.4. (a) For purposes of this section, the following
definitions shall apply:
(1) "Office" means the Office of Education and the Environment of
the California Integrated Waste Management Board, established
pursuant to Part 4 (commencing with Section 71300) of Division 34 of
the Public Resources Code.
(2) "Pilot program" means the Environmental Ambassador Pilot
Program established pursuant to this section.
(b) The office shall establish the Environmental Ambassador Pilot
Program, which shall conclude June 30, 2005.
(c) The office shall establish the pilot program to facilitate the
utilization of environmental education as a means to environmental
action. The office shall include, in the pilot program, but is not
limited to, the development, support, and promotion of all of the
following:
(1) Development of sustainable elementary and secondary school
programs for environmental systems and environmental science and
technology, including school gardens using composted materials.
(2) Coordinated instructional resources and strategies with onsite
conservation efforts with active pupil participation, including
energy audits and conservation.
(3) Service-learning partnerships, in which schools and
communities work to provide real world experiences to pupils in areas
of the environment and resource conservation, including education
projects developed and implemented by pupils to encourage others to
utilize integrated waste management concepts.
(4) Assessment of the impact to participating pupils and schools
of the pilot program, to the extent feasible, on pupil achievement
and resource conservation.
(d) The office shall use findings and results of the pilot program
to develop and further refine the unified education strategy
established by the office pursuant to Part 4 (commencing with Section
71300) of Division 34 of the Public Resources Code.
(e) On or before June 30, 2005, the office shall prepare and
submit a report to the Governor and the Legislature on the results of
the pilot project.
(f) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
SEC. 2.5. Section 60041 of the Education Code is amended to read:
60041. When adopting instructional materials for use in the
schools, governing boards shall include only instructional materials
which accurately portray, whenever appropriate:
(a) The education principles for the environment as set forth in
subdivision (b) of Section 71300 of the Public Resources Code.
(b) Humanity's place in ecological systems and the necessity for
the protection of our environment.
(c) The effects on the human system of the use of tobacco,
alcohol, narcotics and restricted dangerous drugs as defined in
Section 11032 of the Health and Safety Code, and other dangerous
substances.
SEC. 3. Section 40507 of the Public Resources Code is amended to
read:
40507. (a) On or before March 1 of each year, the board shall
file an annual report with the Legislature highlighting significant
programs or actions undertaken by the board to implement programs
pursuant to this division during the prior calendar year. The report
shall include, but is not limited to, the information described in
subdivision (b).
(b) Commencing January 1, 1997, the board shall file annual
progress reports with the Legislature covering the activities and
actions undertaken by the board in the prior fiscal year. The board
shall prepare, and may electronically file with the Legislature, the
progress reports throughout the calendar year, as determined by the
board, on the following programs:
(1) The local enforcement agency program.
(2) The research and development program.
(3) The public education program.
(4) The market development program.
(5) The used oil program.
(6) The planning and local assistance program.
(7) The site cleanup program.
(c) The progress report shall specifically include, but is not
limited to, all of the following information:
(1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
(2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:
(A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section 42650) of
Part 3.
(B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.
(C) A report on the progress in implementing the monitoring and
control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations, as
needed, to improve the program.
(D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant to
Chapter 17 (commencing with Section 42860) of Part 3.
(3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:
(A) A review of actions taken by the board to educate and inform
individuals and public and private sector entities who generate solid
waste on the importance of source reduction, recycling, and
composting of solid waste, and recommendations for administrative or
legislative actions which will inform and educate these parties.
(B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12 (commencing
with Section 42600) of Part 3, including recommendations on
administrative and legislative changes to improve the program.
(C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant to
Chapter 12.5 (commencing with Section 42620) of Part 3, including
recommendations on administrative and legislative changes to improve
the program's effectiveness.
(D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan implemented
pursuant to Part 4 (commencing with Section 71300) of Division 34,
including recommendations on administrative and legislative changes
which will improve the program.
(E) A summary of available and wanted materials, a profile of the
participants, and the amount of waste diverted from disposal sites as
a result of the California Materials Exchange Program established
pursuant to subdivision (a) of Section 42600.
(4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:
(A) A review of market development strategies undertaken by the
board pursuant to this division to ensure that markets exist for
materials diverted from solid waste facilities, including
recommendations for administrative and legislative actions which will
promote expansion of those markets. The recommendations shall
include, but not be limited to, all of the following:
(i) Recommendations for actions to develop more direct liaisons
with private manufacturing industries in the state to promote
increased utilization of recycled feedstock in manufacturing
processes.
(ii) Recommendations for actions which can be taken to assist
local governments in the inclusion of recycling activities in county
overall economic development plans.
(iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.
(iv) Recommendations to improve state, local, and private industry
product and material procurement practices.
(B) Development and implementation of a program to assist local
agencies in the identification of markets for materials that are
diverted from disposal facilities through source reduction,
recycling, and composting pursuant to Section 40913.
(C) A report on the Recycling Market Development Zone Loan Program
provided for in subdivision (c) of Section 42010), pursuant to
subdivision (f) of Section 42010.
(D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part 3.
(E) A report on the progress in developing and implementing the
comprehensive Market Development Plan, pursuant to Article 2 of
Chapter 1 (commencing with Section 42005) of Part 3.
(F) The number of retreaded tires purchased by the Department of
General Services during the prior fiscal year pursuant to Section
42414.
(G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42416 to determine
if tire retreads, procured by the department, have met all quality
and performance criteria of a new tire, including any recommendations
to expand, revise, or curtail the program.
(H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services pursuant
to Section 42443.
(I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to paragraph (1) of
subdivision (c) of the Public Contract Code.
(J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with Section
42560) of Part 3.
(5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:
(A) A report on the annual audit of the used oil recycling program
established pursuant to Chapter 4 (commencing with Section 48600) of
Part 7.
(B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter 4
(commencing with Section 48600) of Part 7, recommendations, if any,
for statutory changes to the program, including changes in the
amounts of the payment required by Section 48650 and the recycling
incentive, and plans for present and future programs to be conducted
over the next two years.
(6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:
(A) The development by the board of the model countywide or
regional siting element and model countywide or regional agency
integrated waste management plan pursuant to Section 40912, including
its effectiveness in assisting local agencies.
(B) The adoption by the board of a program to provide assistance
to cities, counties, or regional agencies in the development and
implementation of source reduction programs pursuant to subdivision
(b) of Section 40912.
(C) The development by the board of model programs and materials
to assist rural counties and cities in preparing city and county
source reduction and recycling elements pursuant to Section 40914.
(D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.
(E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
criteria specified in Section 41782, so that those counties and
cities will be able to meet the objectives of this division. The
recommendations shall, among other things, address both of the
following matters:
(i) Assistance in developing methods of raising revenue at the
local level to fund rural integrated waste management programs.
(ii) Assistance in developing alternative methods of source
reduction, recycling, and composting of solid waste suitable for
rural local governments.
(F) A report on the status and implementation of the "Buy Recycled"
program established pursuant to subdivision (d) of Section 42600,
including the waste collection and recycling programs established
pursuant to Sections 12164.5 and 12165 of the Public Contract Code.
(7) Pursuant to paragraph (7) of subdivision (b), a description of
sites cleaned up under the Solid Waste Disposal and Codisposal Site
Cleanup Program established pursuant to Article 2.5 (commencing with
Section 48020) of Chapter 2 of Part 7, a description of remaining
sites where there is no responsible party or the responsible party is
unable or unwilling to pay for cleanup, and recommendations for any
needed legislative changes.
SEC. 4. Section 42603 of the Public Resources Code is repealed.
SEC. 5. Section 42622 of the Public Resources Code is amended to
read:
42622. The source reduction and recycling program for school
districts developed pursuant to Section 42621 shall, to the extent
feasible, be designed to complement and further the educational goals
of the supplementary educational materials developed pursuant to
Part 4 (commencing with Section 71300) of Division 34, and the
integrated waste management issues addressed within the science
curriculum framework developed by the State Board of Education.
SEC. 6. Section 42645 of the Public Resources Code is amended to
read:
42645. (a) The board, in consultation with the State Department
of Education, the State Board of Education, and the Secretary for
Education, shall establish a program to provide grants to school
districts and schools to assist in the development and implementation
of educational programs and to promote the use of existing
educational programs to teach the concepts of source reduction,
recycling, and composting.
(b) The board, in consultation with the State Department of
Education, the State Board of Education, and the Secretary for
Education, shall adopt criteria for awarding grants pursuant to this
article, including, but not limited to, the grant's structure, the
schedule for awarding grants, and grant amount limits. This criteria
shall include, but not be limited to, a procedure for the geographic
distribution of the grants and the appropriate representation of
elementary, middle, and high school as grant recipients. In adopting
this criteria, the board shall include, in the criteria, the extent
to which an office, a school district, or a school has demonstrated a
commitment to achieving the following goals:
(1) The adoption of waste reduction and recycling programs and
practices.
(2) The adoption and implementation of the unified education
strategy adopted pursuant to Part 4 (commencing with Section 71300)
of Division 34.
(3) The allocation of adequate space for the safe collection,
storage, and loading of recyclable materials.
(4) To the maximum extent feasible, the use of recycled materials
and environmentally preferable products in the construction or
modernization of public school facilities.
(5) Participation in the environmental ambassador pilot program
established pursuant to Section 51226.4 of the Education Code.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the adoption
of criteria for the awarding of grants pursuant to this article is
not the adoption of a regulation, and is exempt from the requirements
of that chapter.
SEC. 7. Section 42647 of the Public Resources Code is amended to
read:
42647. The board may enter into an interagency agreement with the
State Department of Education or other state agencies to implement
this chapter, Part 4 (commencing with Section 71300) of Division 34,
and Sections 33541 and 51226.4 of the Education Code.
SEC. 8. Part 4 (commencing with Section 71300) is added to
Division 34 of the Public Resources Code, to read:
PART 4. STATEWIDE ENVIRONMENTAL EDUCATION
71300. (a) For purposes of this part "office" means the Office of
Education and the Environment of the Integrated Waste Management
Board, as established pursuant to this section.
(b) The Office of Education and the Environment is hereby
established in the Integrated Waste Management Board. The office
shall report to both the Secretary for Environmental Protection and
the board. The office shall dedicate its effort to implementing the
statewide environmental educational program prescribed pursuant to
this part and the integrated waste management educational
requirements of this division. The office, through staffing and
resources, shall give a high priority to implementing the statewide
environmental education program.
(c) The office, under the direction of the Secretary for
Environmental Protection and the board, in cooperation with the State
Department of Education, the State Board of Education, and the
Secretary for Education, shall develop and implement a unified
education strategy on the environment for elementary and secondary
schools in the state. The office shall develop a unified education
strategy to do all of the following:
(1) Coordinate instructional resources and strategies for
providing active pupil participation with onsite conservation
efforts.
(2) Promote service-learning opportunities between schools and
local communities.
(3) Assess the impact to participating pupils of the unified
education strategy on pupil achievement and resource conservation.
(4) On or before June 30, 2006, the office shall report to the
Legislature and the Governor on its progress in developing,
implementing, and assessing the unified education strategy.
(d) The State Department of Education, State Board of Education,
and Secretary for Education, in cooperation with the board, shall
develop and implement to the extent feasible, a teacher training and
implementation plan, to guide the implementation of the unified
education strategy, for the education of pupils, faculty, and
administrators on the importance of integrating environmental
concepts and programs in schools throughout the state. The strategy
shall project the phased implementation of elementary, middle, and
high school programs.
(e) In implementing this part, the office may hold public meetings
to receive and respond to comments from affected state agencies,
stakeholders, and the public regarding the development of resources
and materials pursuant to this part.
(f) In implementing this part, the office shall coordinate with
other agencies and groups with expertise in education and the
environment, including, but not limited to, the California
Environmental Education Interagency Network.
(g) Any instructional materials developed pursuant to this part
shall be subject to the requirements of Chapter 1 (commencing with
Section 60000) of Part 33 of the Education Code, including, but not
limited to, reviews for legal and social compliance before the
materials may be used in elementary or secondary public schools.
71301. (a) As part of the unified education strategy, the office,
under the direction of the Secretary for Environmental Protection
and the board, in cooperation with the Resources Agency, the State
Department of Education, the State Board of Education, and the
Secretary for Education, shall develop education principles for the
environment for elementary and secondary school pupils by July 1,
2004. The principles may be updated every four years thereafter.
The principles shall be aligned to the academic content standards
adopted by the State Board of Education pursuant to Section 60605 of
the Education Code. The principles shall be used to do all of the
following:
(1) To direct state agencies that include environmental education
components for elementary and secondary education in regulatory
decisions or enforcement actions.
(2) To align state agency environmental education programs and
materials that are developed for elementary and secondary education.
(b) The education principles for the environment shall include,
but not be limited to, concepts relating to the following topics:
(1) Environmental sustainability.
(2) Water.
(3) Air.
(4) Energy.
(5) Forestry.
(6) Fish and wildlife resources.
(7) Oceans.
(8) Toxics and hazardous waste.
(9) Integrated waste management.
(10) Integrated pest management.
(11) Public health and the environment.
(12) Pollution prevention.
(13) Resource conservation and recycling.
(14) Environmental justice.
(c) The principles shall be aligned to the applicable academic
content standards adopted by the State Board of Education and shall
not duplicate or conflict with any academic content standards.
(d) (1) Prior to the adoption of the criteria developed for
textbook adoption required pursuant to Section 60200 or 60410 of the
Education Code for Science, the Instructional Materials Advisory
Panel shall consult with the office to incorporate, where feasible,
education principles for the environment.
(2) The education principles for the environment shall be
incorporated in criteria developed for textbook adoption required
pursuant to Section 60200 or 60410 of the Education Code in Science,
Mathematics, English/Language Arts, and History/Social Sciences.
(e) If the content standards required pursuant to Section 60605 of
the Education Code are revised, the education principles for the
environment shall be appropriately considered for inclusion into part
of the revised academic content standards.
71302. (a) Using the education principles for the environment
required in Section 71301, the office, under the direction of the
Secretary for Environmental Protection and the board, shall develop,
in cooperation with the California Environmental Protection Agency,
the Resources Agency, the State Department of Education and the State
Board of Education, a model environmental curriculum that
incorporates these education principles for the environment. The
model curriculum shall be aligned with applicable State Board of
Education adopted academic content standards in Science, Mathematics,
English/Language Arts, and History/Social Sciences, to the extent
that any of those content areas are addressed in the model
curriculum.
(b) The model curriculum shall be submitted to the Curriculum
Development and Supplementary Materials Commission for review. The
commission shall submit its recommendation to the Secretary for
Environmental Protection and to the Secretary of the Resources Agency
by July 1, 2005.
(1) The Secretary for Environmental Protection and the Secretary
of the Resources Agency shall review and comment on the model
curriculum by January 1, 2006.
(2) The model curriculum along with the comments by the Secretary
for Environmental Protection and the Secretary of the Resources
Agency shall be submitted to the State Board of Education for its
approval.
71303. (a) The State Department of Education shall incorporate
into publications that provide examples of curriculum resources for
teacher use, those materials developed by the office that provide
information on the education principles for the environment required
in Section 71300.
(b) The model environmental curriculum approved by the State Board
of Education, pursuant to Section 71302 shall be made available by
the office to elementary and secondary schools to the extent that
funds are available for this purpose. The State Department of
Education shall make the model curriculum available electronically
including posting on its Web site.
(c) The State Department of Education, to the extent feasible and
to the extent that funds are available for this purpose, shall
encourage the development and use of instructional materials and
active pupil participation in campus and community environmental
education programs. To the extent feasible, the environmental
education programs should be considered in the development and
promotion of after school programs for elementary and secondary
school pupils and state and local professional development activities
to provide teachers with content background and resources to assist
in teaching about the environment.
(d) (1) The board shall assume costs associated with the printing
of the approved model curriculum as set forth in subdivision (b).
The board shall use, for these purposes, funds that are available for
its administrative costs.
(2) From funds available for its administrative costs, the State
Department of Education shall post and maintain the model curriculum
on its Internet site and pay any costs associated with any related
online questionnaire on its Internet site as set forth in subdivision
(b).
(3) The State Department of Education shall explore implementation
of this section from its baseline resources dedicated to this
purpose and if funding is not available from that source, then
funding may be provided to the department, pursuant to appropriation
by the Legislature, under Section 71305.
71304. (a) The office, under the direction of the Secretary for
Environmental Protection, shall be responsible for the statewide
coordination of regulatory administrative decisions that require the
development or encourage the promotion of environmental education for
elementary and secondary school pupils.
(b) All California Environmental Protection Agency or Resources
Agency boards, departments, or offices that take regulatory actions
or take enforcement actions requiring the development of or
encouraging the promotion of environmental education for elementary
and secondary school pupils shall, prior to adoption or approval of
the action, seek comments on the action from the office in order to
promote consistency with this part and cross-media coordination.
(c) The office shall coordinate with all state agencies to develop
and distribute environmental education materials.
(d) After the educational principles for the environment are
incorporated into the content standards, materials produced and
distributed in the public schools shall be aligned to those content
standards, as applicable, revised pursuant to Chapter 1 (commencing
with Section 60000) of Part 33, of the Education Code, and adopted by
the State Board of Education.
71305. (a) The Environmental Education Account is hereby
established within the State Treasury. Moneys in the account may,
upon appropriation by the Legislature, be expended by the California
Environmental Protection Agency, in consultation with the board, for
the purposes of this part. The board shall provide recommendations
to the Secretary for Environmental Protection regarding expenditures
from the account. The Secretary for Environmental Protection shall
administer this part, including, but not limited to, the account.
(b) Notwithstanding any other provision of law to the contrary,
the agency may accept and receive federal, state, and local funds and
contributions of funds from a public or private organization or
individual. The account may also receive proceeds from a judgment in
state or federal court, when the funds are contributed or the
judgment specifies that the proceeds are to be used for the purposes
if this part. The account may receive those funds, contributions, or
proceeds from judgments, that are specifically designated for use
for environmental education purposes. Private contributors shall not
have the authority to further influence or direct the use of their
contributions.
(c) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) into the account.
SEC. 9. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.