Amended in Assembly July 23, 2009

Senate BillNo. 63


Introduced by begin deleteCommittee on Budget and Fiscal Review end deletebegin insertSenator Stricklandend insert

begin insert

(Principal coauthors: Assembly Members Huber and Audra Strickland)

end insert

January 20, 2009


begin deleteAn act relating to the Budget Act of 2009. end deletebegin insertAn act to amend Sections 11553 and 12805 of the Government Code, and to amend Sections 14510.5, 14510.6, 40110, 40431, 40501, 71300, 71301, 71302, 71303, 71304, and 71305 of, to amend the heading of Chapter 3 (commencing with Section 40400) of Part 1 of Division 30 of, to add Sections 40120.05, 40506.5, and 40506.7 to, to repeal Sections 40433, 40500, and 40504 of, to repeal and add Section 40430 of, and to repeal and add Article 1 (commencing with Section 40400) of Chapter 3 of Part 1 of Division 30 of, the Public Resources Code, relating to waste management, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 63, as amended, begin deleteCommittee on Budget and Fiscal Reviewend delete begin insertStricklandend insert. begin deleteBudget Act of 2009. end deletebegin insertWaste management.end insert

begin insert

(1) Existing law creates the California Integrated Waste Management Board with specified powers and duties.

end insert
begin insert

This bill would abolish the California Integrated Waste Management Board and transfer its duties and responsibilities to the Department of Resources Recycling and Recovery, which would be created by the bill in the Natural Resources Agency, under the direction of an executive officer known as the Director of Resources Recycling and Recovery.

end insert
begin insert

The bill would authorize the director to accept on behalf of the department federal grants, and require the grants to be deposited in the Special Deposit Fund, which is continuously appropriated, thereby making an appropriation.

end insert
begin insert

(2) Under existing law, the Department of Conservation administers the California Beverage Container Recycling and Litter Reduction Act.

end insert
begin insert

This bill would transfer those duties to the Division of Recycling that the bill would establish within the newly created Department of Resources Recycling and Recovery.

end insert
begin insert

(3) Existing law establishes the Office of Education and the Environment in the California Integrated Waste Management Board.

end insert
begin insert

This bill would transfer the Office of Education and the Environment to the California Environmental Protection Agency.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2009.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11553 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

11553.  

(a) Effective January 1, 1988, an annual salary of
4eighty-one thousand six hundred thirty-five dollars ($81,635) shall
5be paid to each of the following:

6(1) Chairperson of the Unemployment Insurance Appeals Board.

7(2) Chairperson of the Agricultural Labor Relations Board.

8(3) President of the Public Utilities Commission.

9(4) Chairperson of the Fair Political Practices Commission.

10(5) Chairperson of the Energy Resources Conservation and
11Development Commission.

12(6) Chairperson of the Public Employment Relations Board.

13(7) Chairperson of the Workers’ Compensation Appeals Board.

14(8) Administrative Director of the Division of Industrial
15Accidents.

16(9) Chairperson of the State Water Resources Control Board.

begin delete

17(10) Chairperson and each member of the California Integrated
18Waste Management Board.

end delete

19(b) The annual compensation provided by this section shall be
20increased in any fiscal year in which a general salary increase is
21provided for state employees. The amount of the increase provided
22by this section shall be comparable to, but shall not exceed, the
P3    1percentage of the general salary increases provided for state
2employees during that fiscal year.

3(c) Notwithstanding subdivision (b), any salary increase is
4subject to Section 11565.5.

5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12805 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
6read:end insert

7

12805.  

(a) The Resources Agency is hereby renamed the
8Natural Resources Agency. The Natural Resources Agency consists
9of the departments of Forestry and Fire Protection, Conservation,
10Fish and Game, Boating and Waterways, Parks and Recreation,
11begin insert Resources Recycling and Recovery,end insert and Water Resources; the
12State Lands Commission; the Colorado River Board; the San
13Francisco Bay Conservation and Development Commission; the
14Central Valley Flood Protection Board; the Energy Resources
15Conservation and Development Commission; the Wildlife
16Conservation Board; the Delta Protection Commission; the Native
17American Heritage Commission; the California Conservation
18Corps; the California Coastal Commission; the State Coastal
19Conservancy; the California Tahoe Conservancy; the Santa Monica
20Mountains Conservancy; the Coachella Valley Mountains
21Conservancy; the San Joaquin River Conservancy; the San Gabriel
22and Lower Los Angeles Rivers and Mountains Conservancy; the
23Baldwin Hills Conservancy; the San Diego River Conservancy;
24and the Sierra Nevada Conservancy.

25(b) No existing supplies, forms, insignias, signs, or logos shall
26be destroyed or changed as a result of changing the name of the
27Resources Agency to the Natural Resources Agency, and those
28materials shall continue to be used until exhausted or unserviceable.

29begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 14510.5 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
30amended to read:end insert

31

14510.5.  

“Department” means thebegin delete Department of Conservationend delete
32begin insert Division of Recycling in the Department of Resources Recycling
33and Recoveryend insert
.

34begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 14510.6 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
35amended to read:end insert

36

14510.6.  

“Director” means the Director ofbegin delete Conservationend delete
37begin insert Resources Recycling and Recoveryend insert.

38begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 40110 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
39amended to read:end insert

P4    1

40110.  

“Board” means thebegin delete California Integrated Waste
2Management Boardend delete
begin insert Department of Resources Recycling and
3Recovery, or the Director of Resources Recycling and Recovery,
4as appropriateend insert
.

5begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 40120.05 is added to the end insertbegin insertPublic Resources
6Code
end insert
begin insert, to read:end insert

begin insert
7

begin insert40120.05.end insert  

“Director” means the Director of Resources
8Recycling and Recovery.

end insert
9begin insert

begin insertSEC. 7.end insert  

end insert

begin insertThe heading of Chapter 3 (commencing with Section
1040400) of Part 1 of Division 30 of the end insert
begin insertPublic Resources Codeend insertbegin insert is
11amended to read:end insert

12 

13Chapter  3. begin deleteIntegrated Waste Management Board end delete
14begin insertDepartment of Resources Recycling andend insertbegin insert Recoveryend insert
15

 

16begin insert

begin insertSEC. 8.end insert  

end insert

begin insertArticle 1 (commencing with Section 40400) of Chapter
173 of Part 1 of Division 30 of the end insert
begin insertPublic Resources Codeend insertbegin insert is repealed.end insert

18begin insert

begin insertSEC. 9.end insert  

end insert

begin insertArticle 1 (commencing with Section 40400) is added
19to Chapter 3 of Part 1 of Division 30 of the end insert
begin insertPublic Resources Codeend insertbegin insert,
20to read:end insert

begin insert

21 

22Article begin insert1.end insert  General Provisions
23

 

24

begin insert40400.end insert  

There is in the Natural Resources Agency the
25Department of Resources Recycling and Recovery. The Department
26of Resources Recycling and Recovery shall be administered under
27the control of an executive officer known as the Director of
28Resources Recycling and Recovery. Any reference in any law or
29regulation to the State Solid Waste Management Board, the
30California Waste Management Board, or the California Integrated
31Waste Management Board shall hereafter apply to the Department
32of Resources Recycling and Recovery. The Director of Resources
33Recycling and Recovery shall hear and decide appeals of decisions
34of the Department of Resources Recycling and Recovery made
35pursuant to this division.

36

begin insert40401.end insert  

(a) (1) Except as otherwise specified by statute, the
37Department of Resources Recycling and Recovery succeeds to and
38is vested with all of the authority, duties, powers, purposes,
39responsibilities, and jurisdiction of the former California Integrated
40Waste Management Board.

P5    1(2) There shall be a Division of Recycling in the Department of
2Resources Recycling and Recovery. Except as otherwise specified
3by statute, the Division of Recycling in the Department of
4Resources Recycling and Recovery succeeds to and is vested with
5all of the authority, duties, powers, purposes, responsibilities, and
6jurisdiction of the Department of Conservation in the performance
7of a function carrying out Division 12.1 (commencing with Section
8 14500).

9(b) (1) All employees of the former California Integrated Waste
10Management Board who, on January 1, 2010, are serving in the
11state civil service, other than as temporary employees, are
12transferred to the Department of Resources Recycling and
13Recovery.

14(2) The status, position, and rights of those persons transferred
15pursuant to this subdivision shall not be affected and shall be
16retained by them as employees of the department to which they
17are transferred pursuant to the State Civil Service Act (Part 2
18(commencing with Section 18500) of Division 5 of Title 2 of the
19Government Code), except as to positions exempt from civil service.

20(c) (1) All officers and employees of the Department of
21Conservation who, on January 1, 2010, are serving in the state
22civil service, other than as temporary employees, and are engaged
23in the performance of a function carrying out Division 12.1
24(commencing with Section 14500), shall be transferred to the
25Division of Recycling in the Department of Resources Recycling
26and Recovery.

27(2) The status, position, and rights of those persons transferred
28pursuant to this subdivision shall not be affected and shall be
29retained by them as officers and employees of the department to
30which they are transferred pursuant to the State Civil Service Act
31(Part 2 (commencing with Section 18500) of Division 5 of Title 2
32of the Government Code), except as to positions exempt from civil
33service.

34(d) Any regulations adopted before January 1, 2010, by the
35former California Integrated Waste Management Board and the
36Department of Conservation relating to carrying out the duties
37and responsibilities transferred pursuant to subdivision (a), that
38are in effect on January 1, 2010, shall remain in effect on and after
39January 1, 2010, and are enforceable until readopted, amended,
40or repealed.

P6    1(e) The Department of Resources Recycling and Recovery shall
2have possession and control of all records, papers, offices,
3equipment, supplies, moneys, funds, appropriations, land and other
4real or personal property, held for the benefit or use of all bodies,
5offices, and officers whose duties, powers, and functions have been
6transferred pursuant to subdivision (a).

7

begin insert40402.end insert  

The Department of Resources Recycling and Recovery
8may expend the money in any appropriation or in any special fund
9in the State Treasury made available by law for the administration
10of the statutes the administration of which is committed to the
11department, or for the use, support, or maintenance of any board,
12bureau, commission, department, office, or officer whose duties,
13powers, and functions have been transferred to and conferred upon
14the department. The department shall make those expenditures in
15accordance with law in carrying out the purposes for which the
16appropriations were made or the special funds created.

end insert
17begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 40430 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
18repealed.end insert

begin delete
19

40430.  

The board shall appoint an executive director who may
20be exempt from civil service laws. The board may delegate any
21power, duty, purpose, function, and jurisdiction to the executive
22director which the board determines to be appropriate. The board
23shall prescribe the duties and fix the salary of the executive
24director. The executive director shall perform and discharge the
25powers, duties, purposes, functions, and jurisdiction vested in the
26board and delegated to the executive director by the board. The
27executive director may redelegate any of the powers, duties,
28purposes, functions, and jurisdiction which are delegated to him
29or her by the board to his or her subordinates.

end delete
30begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 40430 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
31to read:end insert

begin insert
32

begin insert40430.end insert  

The Director of Resources Recycling and Recovery
33shall be appointed by, and hold office at the pleasure of, the
34Governor. The director’s appointment shall be subject to
35confirmation by the Senate. The director shall receive the annual
36salary provided for by Chapter 6 (commencing at Section 11550)
37of Part 1 of Division 3 of Title 2 of the Government Code. Chapter
382 (commencing with Section 11150) of Part 1 of Division 3 of Title
392 of the Government Code applies to the director.

end insert
P7    1begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 40431 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert

3

40431.  

Thebegin delete boardend deletebegin insert Director of Resources Recycling and
4Recoveryend insert
may appointbegin delete legal counsel, clerical and secretarial
5employees, technical personnel, and other staff, and acquire
6facilities,end delete
begin insert those deputies, officers, and other employeesend insert thatbegin delete itend deletebegin insert he
7or sheend insert
finds necessary for the performance ofbegin delete itsend deletebegin insert theend insert functionsbegin insert of
8the Department of Resources Recycling and Recoveryend insert
. The staff
9of thebegin delete boardend deletebegin insert departmentend insert shall be subject to the relevant system
10and procedures of the state civil service. The State Civil Service
11Act (Part 2 (commencing with Section 18500) of Division 5 of
12Title 2 of the Government Code) applies to those personnel.

13begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 40433 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
14repealed.end insert

begin delete
15

40433.  

The Governor shall appoint one adviser for each
16member of the board upon the recommendation of the board
17member.

end delete
18begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 40500 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
19repealed.end insert

begin delete
20

40500.  

The board may appoint a committee of not less than
21three members of the board to carry on investigations, inquiries,
22or hearings which the board may undertake or hold. Every order
23made by a committee pursuant to an inquiry, investigation, or
24hearing, when approved or confirmed by the board and ordered
25filed in its office, shall be the order of the board.

end delete
26begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 40501 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
27amended to read:end insert

28

40501.  

Thebegin delete boardend deletebegin insert Department of Resources Recycling and
29Recoveryend insert
may hold any hearings and conduct any investigations
30in any part of the state necessary to carry out its powers and duties.
31begin delete The board shall have the same powers as are conferred upon heads
32of departments of the state by Article 2 (commencing with Section
3311180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the
34Government Code.end delete

35begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 40504 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
36repealed.end insert

begin delete
37

40504.  

The board shall hold meetings at least monthly at the
38times and places determined by the board.

end delete
39begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 40506.5 is added to the end insertbegin insertPublic Resources
40Code
end insert
begin insert, to read:end insert

begin insert
P8    1

begin insert40506.5.end insert  

(a) The Director of Resources Recycling and
2Recovery, with approval of the Director of Finance, may accept,
3on behalf of the Department of Resources Recycling and Recovery
4and its various divisions, federal grants for the purposes for which
5the Department of Resources Recycling and Recovery is
6established. The grants shall be deposited in the Special Deposit
7Fund in the State Treasury provided for by Section 16370 of the
8Government Code, and may be expended under those terms and
9conditions as may be required by the federal government.

10(b) Whenever the Department of Resources Recycling and
11Recovery has received and deposited any money in the State
12Treasury to the credit of the General Fund in an excessive amount
13or in error, or whenever a refund of all or a portion of that money
14is due a person, firm, or corporation because of the termination
15of an agreement or other lawful reasons, payment of the refund
16shall be made upon the filing of a claim by the Director of
17Resources Recycling and Recovery with the Controller. The
18Controller shall draw a warrant for payment of the refund from
19any appropriation made for that purpose.

end insert
20begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 40506.7 is added to the end insertbegin insertPublic Resources
21Code
end insert
begin insert, to read:end insert

begin insert
22

begin insert40506.7.end insert  

For the purposes of disseminating information
23relating to its activities, powers, duties, or functions, the
24Department of Resources Recycling and Recovery may issue
25publications, construct and maintain exhibits, and perform acts
26and carry out functions that in the opinion of the Director of
27Resources Recycling and Recovery will best disseminate the
28information. The publications may be distributed free of charge
29to public libraries and to other state departments and state officers.
30The Department of Resources Recycling and Recovery may
31exchange copies with contemporary publications. All money
32received by the Department of Resources Recycling and Recovery
33from the sale of publications, exclusive of money received by any
34separate division of the department from the sale of publications,
35shall be paid into the State Treasury to the credit of the General
36Fund.

end insert
37begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 71300 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
38amended to read:end insert

39

71300.  

(a) For purposes of this part “office” means the Office
40of Education and the Environment of thebegin delete Integrated Waste
P9    1Management Boardend delete
begin insert California Environmental Protection Agencyend insert,
2as established pursuant to this section.

3(b) The Office of Education and the Environment is hereby
4established in thebegin delete Integrated Waste Management Boardend deletebegin insert California
5Environmental Protection Agencyend insert
. The office shall report tobegin delete bothend delete
6 the Secretary for Environmental Protectionbegin delete and the boardend delete. The
7office shall dedicate its effort to implementing the statewide
8environmental educational program prescribed pursuant to this
9partbegin delete and the integrated waste management educational requirements
10of this divisionend delete
. The office, through staffing and resources, shall
11give a high priority to implementing the statewide environmental
12education program.

13(c) The office, under the direction of the Secretary for
14Environmental Protectionbegin delete and the boardend delete, in cooperation with the
15State Department of Education, the State Board of Education, and
16the Secretary for Education, shall develop and implement a unified
17education strategy on the environment for elementary and
18secondary schools in the state. The office shall develop a unified
19education strategy to do all of the following:

20(1) Coordinate instructional resources and strategies for
21providing active pupil participation with onsite conservation efforts.

22(2) Promote service-learning opportunities between schools and
23local communities.

24(3) Assess the impact to participating pupils of the unified
25education strategy on pupil achievement and resource conservation.

26(4) On or before June 30, 2006, the office shall report to the
27Legislature and the Governor on its progress in developing,
28implementing, and assessing the unified education strategy.

29(d) The State Department of Education, State Board of
30Education, and Secretary for Educationbegin delete, in cooperation with the
31board,end delete
shall develop and implement to the extent feasible, a teacher
32training and implementation plan, to guide the implementation of
33the unified education strategy, for the education of pupils, faculty,
34and administrators on the importance of integrating environmental
35concepts and programs in schools throughout the state. The strategy
36shall project the phased implementation of elementary, middle,
37and high school programs.

38(e) In implementing this part, the office may hold public
39meetings to receive and respond to comments from affected state
P10   1agencies, stakeholders, and the public regarding the development
2of resources and materials pursuant to this part.

3(f) In implementing this part, the office shall coordinate with
4other agencies and groups with expertise in education and the
5environment, including, but not limited to, the California
6Environmental Education Interagency Network.

7(g) Any instructional materials developed pursuant to this part
8shall be subject to the requirements of Chapter 1 (commencing
9with Section 60000) of Part 33 of the Education Code, including,
10but not limited to, reviews for legal and social compliance before
11the materials may be used in elementary or secondary public
12schools.

13begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 71301 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
14amended to read:end insert

15

71301.  

(a) As part of the unified education strategy, the office,
16under the direction of the Secretary for Environmental Protection
17begin delete and the boardend delete, in cooperation with thebegin insert Naturalend insert Resources Agency,
18the State Department of Education, the State Board of Education,
19and the Secretary for Education, shall develop education principles
20for the environment for elementary and secondary school pupils.
21The principles may be updated every four years beginning July 1,
222008. The principles shall be aligned to the academic content
23standards adopted by the State Board of Education pursuant to
24Section 60605 of the Education Code. The principles shall be used
25to do all of the following:

26(1) To direct state agencies that include environmental education
27components for elementary and secondary education in regulatory
28decisions or enforcement actions.

29(2) To align state agency environmental education programs
30and materials that are developed for elementary and secondary
31education.

32(b) The education principles for the environment shall include,
33but not be limited to, concepts relating to the following topics:

34(1) Environmental sustainability.

35(2) Water.

36(3) Air.

37(4) Energy.

38(5) Forestry.

39(6) Fish and wildlife resources.

40(7) Oceans.

P11   1(8) Toxics and hazardous waste.

2(9) Integrated waste management.

3(10) Integrated pest management.

4(11) Public health and the environment.

5(12) Pollution prevention.

6(13) Resource conservation and recycling.

7(14) Environmental justice.

8(c) The principles shall be aligned to the applicable academic
9content standards adopted by the State Board of Education and
10shall not duplicate or conflict with any academic content standards.

11(d) (1)  The education principles for the environment shall be
12incorporated, as the State Board of Education determines to be
13appropriate, in criteria developed for textbook adoption required
14pursuant to Section 60200 or 60400 of the Education Code in
15Science, Mathematics, English/Language Arts, and History/Social
16Sciences.

17(2) If the State Board of Education determines that the education
18principles for the environment are not appropriate for inclusion in
19the textbook adoption criteria cited in paragraph (1), the State
20Board of Education shall collaborate with the office to make the
21changes necessary to ensure that the principles are included in the
22textbook adoption criteria in Science, Mathematics,
23English/Language Arts, and History/Social Sciences.

24(e) If the content standards required pursuant to Section 60605
25of the Education Code are revised, the education principles for the
26environment shall be appropriately considered for inclusion into
27part of the revised academic content standards.

28begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 71302 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
29amended to read:end insert

30

71302.  

(a) Using the education principles for the environment
31required in Section 71301, the office, under the direction of the
32Secretary for Environmental Protectionbegin delete and the boardend delete, shall
33develop, in cooperation withbegin delete the California Environmental
34Protection Agency,end delete
thebegin insert Natural end insertResources Agency, the State
35Department of Educationbegin insert,end insert and the State Board of Education, a
36model environmental curriculum that incorporates these education
37principles for the environment. The model curriculum shall be
38aligned with applicable State Board of Education adopted academic
39content standards in Science, Mathematics, English/Language
P12   1Arts, and History/Social Sciences, to the extent that any of those
2content areas are addressed in the model curriculum.

3(b) The model curriculum shall be submitted to the Curriculum
4Development and Supplemental Materials Commission for review.
5The commission shall submit its recommendation to the Secretary
6for Environmental Protection and to the Secretary of thebegin insert Naturalend insert
7 Resources Agency by July 1, 2005.

8(1) The Secretary for Environmental Protection and the Secretary
9of thebegin insert Naturalend insert Resources Agency shall review and comment on
10the model curriculum by January 1, 2006.

11(2) The model curriculum along with the comments by the
12Secretary for Environmental Protection and the Secretary of the
13begin insert Naturalend insert Resources Agency shall be submitted to the State Board
14of Education for its approval.

15begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 71303 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
16amended to read:end insert

17

71303.  

(a) As determined appropriate by the Superintendent
18of Public Instruction, the State Department of Education shall
19incorporate into publications that provide examples of curriculum
20resources for teacher use, those materials developed by the office
21that provide information on the education principles for the
22environment required in Section 71300.

23(b) If the Superintendent of Public Instruction determines that
24materials developed by the office that provide information on the
25education principles for the environment are not appropriate for
26inclusion in publications that provide examples of curriculum
27resources for teacher use, the Superintendent of Public Instruction
28shall collaborate with the office to make the changes necessary to
29ensure that the materials are included in that information.

30(c) The model environmental curriculum approved by the State
31Board of Education, pursuant to Section 71302 shall be made
32available by the office to elementary and secondary schools to the
33extent that funds are available for this purpose. The State
34Department of Education shall make the model curriculum
35available electronically including postingbegin insert the model curriculumend insert
36 on itsbegin insert Internetend insert Web site.

37(d) The State Department of Education, to the extent feasible
38and to the extent that funds are available for this purpose, shall
39encourage the development and use of instructional materials and
40active pupil participation in campus and community environmental
P13   1education programs. To the extent feasible, the environmental
2education programs should be considered in the development and
3promotion of after school programs for elementary and secondary
4school pupils and state and local professional development
5activities to provide teachers with content background and
6resources to assist in teaching about the environment.

7(e) (1) Thebegin delete boardend deletebegin insert California Environmental Protection Agencyend insert
8 shall assume costs associated with the printing of the approved
9model curriculum as set forth in subdivision (c). Thebegin delete boardend delete
10begin insert California Environmental Protection Agencyend insert shall use, for these
11purposes, funds that are available for its administrative costs.

12(2) From funds available for its administrative costs, the State
13Department of Education shall post and maintain the model
14curriculum on its Internetbegin insert Webend insert site and pay any costs associated
15with any related online questionnaire on its Internetbegin insert Webend insert site as
16set forth in subdivision (c).

17(3) The State Department of Education shall explore
18implementation of this section from its baseline resources dedicated
19to this purpose and if funding is not available from that source,
20then funding may be provided to the department, pursuant to
21appropriation by the Legislature, under Section 71305.

22begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 71304 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
23amended to read:end insert

24

71304.  

(a) The office, under the direction of the Secretary for
25Environmental Protection, shall be responsible for the statewide
26coordination of regulatory administrative decisions that require
27the development or encourage the promotion of environmental
28education for elementary and secondary school pupils.

29(b) All California Environmental Protection Agency orbegin insert Naturalend insert
30 Resources Agency boards, departments, or offices that take
31regulatory actions or take enforcement actions requiring the
32development ofbegin insert,end insert or encouraging the promotion ofbegin insert,end insert environmental
33education for elementary and secondary school pupils shall, prior
34to adoption or approval of the action, seek comments on the action
35from the office in order to promote consistency with this part and
36cross-media coordination.

37(c) The office shall coordinate with all state agencies to develop
38and distribute environmental education materials.

39begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 71305 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
40amended to read:end insert

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71305.  

(a) The Environmental Education Account is hereby
2established within the State Treasury. Moneys in the account may,
3upon appropriation by the Legislature, be expended by the
4California Environmental Protection Agencybegin delete, in consultation with
5the board,end delete
for the purposes of this part.begin delete The board shall provide
6recommendations to the Secretary for Environmental Protection
7regarding expenditures from the account.end delete
The Secretary for
8Environmental Protection shall administer this part, including, but
9not limited to, the account.

10(b) Notwithstanding any other provision of law to the contrary,
11the agency may accept and receive federal, state, and local funds
12and contributions of funds from a public or private organization
13or individual. The account may also receive proceeds from a
14judgment in state or federal court, when the funds are contributed
15or the judgment specifies that the proceeds are to be used for the
16purposesbegin delete ifend deletebegin insert ofend insert this part. The account may receive those funds,
17contributions, or proceeds from judgments, that are specifically
18designated for use for environmental education purposes. Private
19contributors shall not have the authority to further influence or
20direct the use of their contributions.

21(c) Notwithstanding any other provision of law, a state agency
22that requires the development of, or encourages the promotion of,
23environmental education for elementary and secondary school
24pupils, may contribute to the account.

25(d) The agency shall immediately deposit any funds contributed
26pursuant to subdivision (b) into the account.

begin delete
27

SECTION 1.  

It is the intent of the Legislature to enact statutory
28changes relating to the Budget Act of 2009.

end delete


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