BILL NUMBER: AB 747	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Emmerson
    (   Coauthors:   Assembly Members 
 Bill Berryhill,   Saldana,   and Smyth 
 ) 

                        FEBRUARY 26, 2009

   An act to amend  Section   Sections 32370,
32371, and  32372 of the Education Code, relating to school
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 747, as amended, Emmerson. School facilities: recycling
programs.
   Under existing law, each school district and campus of the
California State University  and Colleges  is 
authorized and is  encouraged to establish and maintain a paper
recycling program in specified areas owned or leased by the school
district or campus where a significant quantity of wastepaper is
generated or may be collected.
   This bill would  authorize and  encourage school
districts and campuses of the  University of California, 
California State University  , and  California Community
 Colleges also to establish and maintain  a paper recycling
program and a  beverage container recycling  programs
  program  in those areas.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 32370 of the  
Education Code   is amended to read: 
   32370.  The Legislature finds and declares that is the policy of
the state to conserve and protect its resources. The maintenance of a
quality environment for the people of this state now and in the
future is a matter of statewide concern.
   The Legislature further finds and declares that the volume of
solid waste generated within the state coupled with an increased rate
in the consumption of paper products  and beverage containers,
 and the absence of adequate programs and procedures for the
reuse of these materials threaten the quality of the environment and
well-being of the people of California.
   In making these findings the Legislature declares that the policy
and intent of this article is 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  and
beverage containers  .
   SEC. 2.    Section 32   371 of the 
 Education Code   is amended to read: 
   32371.  The following definitions govern the interpretation of
this article:
   (a) "Educational agency" means any school district, county office
of education, or campus of the  University of California, 
California State University  ,  and  the California
Community  Colleges.
   (b) "Paper recycling program" means, (1) the provision of
specially marked containers which are intended to receive either all
grades or only some grades of postconsumer wastepaper but which are
not intended to receive other forms of postconsumer waste, (2)
publicity directed at all persons who frequent buildings with the
containers encouraging those persons to deposit wastepaper in the
containers, and (3) the collection of all paper deposited in the
containers for the purpose of recycling.
   (c) "Postconsumer waste" means a finished material which would
normally be disposed of as solid waste, having completed its life
cycle as a consumer item.
   (d) "Recycled paper" means all paper and woodpulp products with
not less than 50 percent of its total weight consisting of secondary
and postconsumer waste and with not less than 10 percent of its total
weight consisting of postconsumer waste.
   (e) "Secondary waste" means fragments of products or finished
products of a manufacturing process which has converted a virgin
resource into a commodity of real economic value, and includes
postconsumer waste, but does not include mill broke, wood slabs,
chips, sawdust, or other wood residue from a manufacturing process.

   (f) "Beverage container" means the individual, separate bottle,
can, jar, carton, or other receptacle, however denominated, in which
a beverage is sold, and that is constructed of metal, glass, plastic,
or other material, or any combination of these materials. "Beverage
container" does not include cups or similar open or loosely sealed
receptacles.  
   (g) "Beverage container recycling program" means any person,
association, nonprofit corporation, church, club, or other
organization certified by the Department of Conservation that accepts
or collects empty beverage containers from consumers with the intent
to recycle them, or any waste reduction facility that separates
beverage containers from the waste stream with the intent to recycle
them. 
   SECTION 1.   SEC. 3.   Section 32372 of
the Education Code is amended to read:
   32372.  (a) Each school district may, and is encouraged to,
establish and maintain a paper and beverage container recycling
program in all classrooms, administrative offices, and other areas
owned or leased by the school district where a significant quantity
of wastepaper or beverage containers is generated or may be
collected.
   (b) Each campus of the  California State University and
  University of California, California State University,
and the California Community  Colleges may, and is encouraged
to, establish and maintain a paper and beverage container recycling
program in administration offices and other areas owned or leased by
the campus, including areas frequented by students, where a
significant quantity of wastepaper or beverage containers is
generated or may be collected.
   (c) In establishing paper and beverage container recycling
programs, school districts, and campuses of the  University of
California,  California State University  and 
 , and the California Community  Colleges shall attempt to
cooperate with existing paper and beverage container recycling
programs.
   (d) Nothing in this article shall limit or supersede any other
requirement of law imposing a paper and beverage container recycling
program on school districts or the  University of California,
 California State University  and   , and
the California Community  Colleges.