BILL ANALYSIS Ó AB 900 Page A Date of Hearing: April 13, 2011 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 900 (Swanson) - As Introduced: February 17, 2011 ÝNote: This bill is double referred to the Assembly Natural Resources Committee and will be heard as it relates to issues under its jurisdiction.] SUBJECT : Public school campuses: recycling and composting bins SUMMARY : Requires, on and after January 1, 2012, school districts to maintain recycling and composting bins on the campus of each public elementary and secondary school in the state. Requires school districts to determine the number of bins to be located on a campus based on the size of the pupil population and the surface area of that campus. EXISTING LAW : 1)Expresses the intent of the Legislature to accomplish all of the following: a) Every school district and schoolsite in this state will be encouraged to implement source reduction, recycling, and composting programs that would do all of the following: i) Reduce waste and conserve resources. ii) Provide pupils with a "hands-on" learning experience. iii) Minimize the expenditure of taxpayer and education dollars on solid waste collection and disposal. b) School districts and individual schoolsites will cooperate with cities and counties in developing plans and programs to meet and exceed the state's 50% waste reduction and recycling mandate. c) To the maximum extent feasible, school districts and schools will utilize products and supplies made from recycled materials. 2)Finds and declares that it is the policy of the state to conserve and protect its resources, to increase the public's AB 900 Page B awareness of the value of recycling and the need to recycle, and to improve environmental quality by the recycling of paper products. 3)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 wastepaper is generated or may be collected. 4)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. 5)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. c) Evaluate implementation of school waste reduction and recycling programs (Public Resources Code 42630 et seq.). FISCAL EFFECT : Unknown COMMENTS : According to the California Statewide Waste Characterization Study (December, 1999), education, as an industry, produces 763,917 tons of waste per year, comprised predominantly of organic materials (food, leaves and grass) and paper products. School waste reduction programs can have economic, environmental and educational benefits. Current law expresses the intent of the Legislature that schools contribute to the efforts to assist local governmental entities in reducing waste reduction and meeting recycling mandates. Current law specifically encourages school districts to maintain recycling programs and specifically, a paper recycling program in all classrooms, administrative offices, and other school AB 900 Page C district property. School districts are also encouraged to purchase recycled paper and eliminate the purchase of paper and paper products that could be potential contaminants of the district's recycling program. Pursuant to statutory requirements, the California's Department of Resources Recycling and Recovery (CalRecycle) (formerly the CIWMB) maintains on its Web site information on school waste reduction and offers resources 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.<1> In 2003, the CIWMB, pursuant to the School Diversion and Environmental Education Law<2>, 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." The survey also indicated that 44% of school districts had some type of composting program, with the most common type of composting material being grass clippings, landscape trimmings and garden trimmings. This bill requires school districts to provide all elementary and secondary schoolsites with recycling and composting bins. The bill, however, does not specify the type(s) of recycling or composting bins required to be placed on each schoolsite. Recycling : Maintaining recycling programs entails more than just obtaining bins. Depending on the type of recycling (paper, --------------------------- <1> As part of the fiscal year 2009-10 budget, SB 63 (T. Strickland), Chapter 21, Statutes of 2009, eliminated the CIWMB and transferred its duties and responsibilities to the newly recreated CalRecycle. <2> SB 373 (Torlakson), Chapter 926, Statutes of 2001. AB 900 Page D beverage containers, glass, plastic, aluminum, etc.), school districts will have to arrange for collection of the recycled materials with various types of collection agencies. A related prior bill, SB 1321 (Correa), introduced in 2008, would have required a school district, only to the extent that it does not incur costs, to consult with a local Community Conservation Corps or another recycler to provide and maintain a sufficient number of beverage container recycling bins at each school site and district office. The bill was held in the Assembly Appropriations Committee suspense file. In order to help school districts understand the intention of this bill, the author should consider specifying the type or types of recycling districts are required to maintain. Composting : Composting is the process through which organic materials such as leaves, grass and food scraps are decomposed into soil-like material. There are a variety of composting systems. According to the CalRecyle, food scraps composting is different than other types of composting. "Food scraps can be heavier and contain more putrescible material than yard trimmings and must be handled appropriately. To avoid odor or health and safety concerns, it should be collected and composted in a timely and efficient manner. A frequent collection schedule must be followed." It is also important to ensure that nonacceptable food scraps such as meat waste, fish waste, and dairy products are kept out of composting bins. These type of food waste breakdown slowly and create an imbalance in the otherwise nutrient-rich structure of other food and vegetation. The challenges for schools in maintaining a composting program include locating the space that is required to compost material or locating service providers for regular collection. The city of San Francisco has a mandatory composting law and provides composting bins free to city residents. The garbage collection company collects composting material on a weekly basis and transfers the material to food scrap compost facilities to convert into compost. According to the CalRecycle, only nine of California's 58 counties have authorized facilities to accept food scraps, although some of those companies may provide service to neighboring counties. Food scrap composting can also be incorporated into a school garden program; however, not all schools have gardens, especially urban schools where land is scarce. The following is an example of a successful composting program utilizing school gardens: In 2000, the CIWMB conducted a pilot food scrap diversion AB 900 Page E program and awarded up to $50,000 in grant funds to various public entities. The Davis Joint Unified School District received one of the grants and implemented food waste diversion projects at three elementary schools. Two schools reduced their total waste by 40%. The program combined composting and vermicomposting (composting using worms) systems with the school garden program to integrate composting with the education program. The District has since entered into a local partnership called DavisRISE (Recycling is Simply Elementary) that includes the City of Davis, Davis Farmers Market, environmental consulting groups, and others that support recycling efforts in Davis schools. The District has maintained and expanded the composting program to 10 of the 12 schools in the Davis Joint Unified School District with the assistance of DavisRISE. With funds saved from waste diversion efforts, the District is able pay for DavisRISE coordinators to be placed at every schoolsite to oversee the lunch-time waste diversion efforts. The RISE coordinator or student volunteers would collect the food scraps at lunch and deposit them in the compost pile. The garden coordinator then tends to the pile, using students to help add layers and turn the pile. Some schools also utilize vermicomposting. This example and programs at other schools indicate that having coordinators to lead recycling efforts contributes to the success of a program. It is not known how many districts have recycling coordinators and whether those that do not will have capacity to hire one. While recycling is certainly important, CalRecycle also emphasizes reducing and reusing as important components in waste management efforts. This may include using reusable utensils instead of plastic utensils, serving only the amount of food students will consume, using recyclable products, and using both sides of papers. Committee amendments : Because composting may be a challenge for schools that do not have school gardens or collection facilities in their geographical areas, staff recommends requiring districts to maintain composting only to the extent feasible. The bill currently requires implementation on January 1, 2012, the date the bill would take effect if it is signed into law this year. Staff recommends moving the implementation date to the beginning of the 2012-13 school year to provide districts AB 900 Page F time for planning and implementation. Arguments in Support . The author states, "By requiring recycling and composting bins to be made available at each public elementary and secondary school in the state, our state will benefit from the reused materials and our planet's over extended landfills will not be further compromised." This bill is a result of a "There Ought to be A Law" contest held by Assemblymember Swanson. This proposal came from a student from Piedmont High School. Prior Related Legislation . ACR 128 (Emmerson), Resolution Chapter 48, Statutes of 2010, encourages school districts to engage in recycling programs and to promote awareness of available state resources for this purpose. AB 747 (Emmerson), introduced in 2009, authorizes and encourages school districts and California State University and Colleges to establish and maintain a beverage container 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. The bill was held in the Senate Rules Committee. 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, requires a school district, only to the extent that it does not incur costs, to consult with a local Community Conservation Corps or another recycler to provide and maintain a sufficient number of beverage container recycling bins at each school site and district office. REGISTERED SUPPORT / OPPOSITION : Support Californians Against Waste Opposition AB 900 Page G None on file Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087