BILL ANALYSIS                                                                                                                                                                                                    




                                                                  ACR 128
                                                                  Page A
          Date of Hearing:   March 24, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   ACR 128 (Emmerson) - As Amended:  March 11, 2010
           
          SUBJECT  :   School districts:  recycling programs

           SUMMARY  :  Encourages school districts to engage in recycling  
          programs and to promote awareness of available state resources  
          for this purpose.  Specifically,  this bill  :  

          1)Makes findings and declarations regarding the following:

             a)   The billions of plastic bottles and aluminum cans  
               purchased every year; of the almost 22 billion carbonated  
               and noncarbonated drinks purchased by Californians last  
               year, 5.8 billion are not recycled;

             b)   The Department of Resources Recycling and Recovery  
               (CalRecycle) provides information and technical assistance  
               to school districts to establish source reduction and  
               recycling programs;

             c)   The benefits of incorporating waste reduction as part of  
               a school district's way of doing business include reduced  
               disposal costs, improved worker safety, reduced long-termed  
               liability, increased efficiency of school operations and  
               decreased associated purchasing costs; and,

             d)   There are fiscal, educational and environmental benefits  
               to establishing school beverage container recycling  
               programs.

          2)Resolves that the Legislature encourages school districts to  
            engage in recycling programs and to promote awareness of  
            available state resources that schools may utilize to  
            establish and maintain recycling programs.

          3)Resolves that the Chief Clerk of the Assembly transmit copies  
            of the resolution to the author for appropriate distribution.

           EXISTING LAW  :

          1)Finds and declares that it is the policy of the state to  









                                                                  ACR 128
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            conserve and protect its resources, to increase the public's  
            awareness of the value of recycling and the need to recycle,  
            and to improve environmental quality by the recycling of paper  
            products.

          2)Establishes the paper recycling program and authorizes and  
            encourages school districts and California State University  
            and Colleges to establish and maintain a paper recycling  
            program in all classrooms, administrative offices, and other  
            areas owned or leased by the school district or college campus  
            where a significant quantity of beverage containers is  
            generated or may be collected.  

          3)Encourages local educational agencies to purchase recycled  
            paper if the supplier of recycled paper offers the paper at a  
            cost which does not exceed by more than 5% the lowest offer of  
            nonrecycled paper of comparable quality.

          4)Under the California Integrated Waste Management Act of 1989,  
            requires the California Integrated Waste Management Board  
            (CIWMB) to do the following:  

             a)   Develop models and school waste reduction tools that may  
               be used by schools to implement waste reduction programs;

             b)    Provide training and ongoing technical assistance to  
               schools in implementing waste reduction programs; and, 

             c)   Evaluate implementation of school waste reduction and  
               recycling programs (Public Resources Code 42630 et seq.)

           FISCAL EFFECT  :  This resolution is nonfiscal.

           COMMENTS  :   Background  .  As part of the 2009-10 budget, SB 63 (T.  
          Strickland), Chapter 21, Statutes of 2009, eliminated the CIWMB  
          and transferred its duties and responsibilities as well as the  
          California Beverage Recycling Program to the newly recreated  
          CalRecycle.  According to the CalRecycle, the California  
          Beverage Recycling Program has three components:  1) requires a  
          deposit on each beverage container to give consumers an  
          incentive to recyle; 2) establish conveniently located recycling  
          centers where consumers can recycle and redeem the deposits; and  
          3) impose a processing fee for materials whose cost to recycle  
          exceeds their inherent scrap value.  The CalRecycle certifies  
          recyclers and authorizes them to repay the deposits, or  









                                                                  ACR 128
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          California Refund Value (CRV) to consumers.  Recylers receive  
          reimbursement for the CRV, administrative costs, and processing  
          costs.  More than 16.1 billion of the 21.9 billion aluminum,  
          glass, plastic and bi-metal containers purchased last year were  
          recycled.

           Recycling in schools  .  Pursuant to statutory requirements, the  
          CalRecycle (formerly the CIWMB) maintains on its Web site  
          information on school waste reduction and provides suggestions  
          and information on how school districts can initiate a wide  
          range of waste reduction and recycling efforts, including  
          environmentally friendly purchasing policies, paper reduction,  
          food disposal, textbook recycling, beverage container recycling,  
          and green school facilities.  

          In 2003, the CIWMB, pursuant to the School Diversion and  
          Environmental Education Law<1>, conducted a survey of school  
          districts to assess their level of efforts in implementing waste  
          reduction programs.  Forty-two percent of school districts  
          responded to the survey, representing 55% of all schools.  The  
          survey found that "92% of districts appear to be participating  
          in some level of recycling programs.  Of the districts that  
          reported participating in recycling activities, the most  
          commonly recycled materials include:  aluminum cans, white  
          paper, and cardboard.  Based upon survey results, implementation  
          of a formalized district-wide recycling program appears to  
          relate to school district size.  A greater percentage of larger  
          school districts reported having the district coordinate  
          district-wide recycling activities as well as having a service  
          contract for collection of recyclables than reported by smaller  
          districts."  

           Arguments in Support  .  The author states that "ACR 128  
          encourages school districts to engage in recycling programs in  
          an effort to increase the recycling rate in California while  
          teaching our students to be responsible stewards of our  
          environment."  The author further states that the resolution  
          will inform school districts of the resources available through  
          CalRecycle.

           Related legislation  .  AB 747 (Emmerson), pending in the Senate  
          Rules Committee, authorizes and encourages school districts and  
          California State University and Colleges to establish and  
          maintain a beverage container recycling program in all  



          ---------------------------
          <1> SB 373 (Torlakson), Chapter 926, Statutes of 2001.








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          classrooms, administrative offices, and other areas owned or  
          leased by the school district or college campus where a  
          significant quantity of beverage containers is generated or may  
          be collected.

           Prior legislation  .  SB 497 (Correa), held in the Senate  
          Appropriations Committee suspense file in 2009, requires school  
          districts to maintain a sufficient number of beverage container  
          recycling bins at each campus and public office of the district,  
          but only to the extent that the district incurs no costs.

          SB 1321 (Correa), which was held in the Assembly Appropriations  
          Suspense file in 2008, is similar to SB 497.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087