BILL ANALYSIS
AB 747
Page A
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 747 (Emmerson) - As Amended: April 14, 2009
[Note: This bill has been double referred to the Assembly Higher
Education Committee and will be heard as it relates to issues
under its jurisdiction.]
SUBJECT : School facilities: recycling programs
SUMMARY : 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. Requires school districts and California State
University and Colleges to attempt to cooperate with existing
beverage container recycling programs. Specifies that this
provision of law shall not limit or supersede any other
requirement of law imposing a beverage container recycling
program on school districts of the California State University
and Colleges.
EXISTING LAW :
1)Finds and declares that it is the policy of the state to
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)Defines "paper recycling program" as the following:
a) The provision of specially marked containers which are
AB 747
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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;
b) Publicity directed at all persons who frequent buildings
with the containers encouraging those persons to deposit
wastepaper in the containers; and,
c) The collection of all paper deposited in the containers
for the purpose of recycling.
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; and,
c) Evaluate implementation of school waste reduction and
recycling programs (Public Resources Code 42630 et seq.)
FISCAL EFFECT : According to Legislative Counsel, this bill is
non-fiscal.
COMMENTS : Background . The California Beverage Container
Recycling Program was established by AB 2020 (Margolin), Chapter
624, Statutes of 1986. According to the Department of
Conservation (DOC), the 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 DOC
certifies recyclers and authorizes them to repay the deposits,
or California Refund Value (CRV) to consumers. Recylers receive
reimbursement for the CRV, administrative costs, and processing
costs. More than 14.7 billion of the 21.9 billion aluminum,
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glass, plastic and bi-metal containers purchased last year were
recycled.
Recycling programs . The local Community Conservation Corps
(LCCCs) are non-profit organizations whose primary goal is to
provide youth between the ages of 18 and 23 with a one-year
non-residential program that emphasizes work, education, skill
building and community service. An important component of
LCCCs' work is recycling programs through education and
coordination of recycling efforts. LCCCs, through grants from
the funds collected by the Beverage Container Recycling Program,
provide beverage recycling bins and collection service to
businesses, schools, and multifamily housing dwellings at no
charge.
Recycling in schools . Pursuant to statutory requirements, the
California Integrated Waste Management Board (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."
This bill encourages school districts and higher education
institutions to establish beverage container recycling programs.
The author states, "AB 747 would promote beverage container
---------------------------
<1> SB 373 (Torlakson), Chapter 926, Statutes of 2001.
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recycling in public schools, community colleges, and
universities. Currently in the Education Code, the law only
addresses paper recycling programs. Therefore, this bill would
enhance the law by encouraging school districts and college
campuses to establish and maintain beverage container recycling
programs in an effort to conserve our resources, while also
encouraging our youth to be responsible stewards of our
environment. In addition, AB 747 encourages school districts
and college campuses to cooperate with existing beverage
container recycling programs within their community."
Staff recommends and the author has agreed to define the terms
"beverage container recycling program" and "beverage container"
in Education Code (EC) 32370 as follows:
"Beverage container" means the individual, separate bottle, can,
jar, carton, or other receptacle, however denominated, in which
a beverage is sold, and which is constructed of metal, glass, or
plastic or other material, or any combination of these
materials. "Beverage container" does not include cups or other
similar open or loosely sealed receptacles.
"Beverage container recycling program" means any person,
association, nonprofit corporation, church, club, or other
organization certified by the department, and that accepts or
collects empty beverage containers from consumers with the
intention to recycle them, or any waste reduction facility that
separates beverage containers from the waste stream with the
intent to recycle them.
The author proposes the following technical amendments :
1)Insert "beverage containers" in the findings and declarations
EC 32370 section as follows:
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.
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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.
2)Change all references to "California State University and
Colleges" to " University of California, California State
University, and California Community Colleges."
Related legislation . SB 497 (Correa), pending in the Senate
Environmental Quality Committee, establishes the School Beverage
Container Recycling Program and requires school districts, only
if there is no cost, to consult with a LCCC or another recycler
to establish a beverage container recycling program.
Prior Legislation . 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