BILL ANALYSIS
AB 747
Page A
ASSEMBLY THIRD READING
AB 747 (Emmerson)
As Amended May 5, 2009
Majority vote
EDUCATION 10-0 HIGHER EDUCATION 9-0
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|Ayes:|Brownley, Nestande, |Ayes:|Portantino, Conway, |
| |Ammiano, Arambula, | |Block, Cook, Fong, |
| |Carter, Eng, Garrick, | |Galgiani, Huber, Ma, |
| |Miller, Solorio, | |Ruskin |
| |Torlakson | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes and encourages school districts and each
campus of the University of California (UC), California State
University (CSU), and the California Community Colleges (CCC) 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. Specifically, this bill :
1)Requires school districts and campuses of the UC, CSU, and CCC
to attempt to cooperate with existing beverage container
recycling programs.
2)Defines "beverage container" as 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. Specifies that "beverage
container" does not include cups or similar open or loosely
sealed receptacles.
3)Defines "beverage container recycling program" as any person,
association, nonprofit corporation, church, club, or other
organization certified by the Department of Conservation (DOC)
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.
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4)Specifies that this bill shall not limit or supersede any
other requirement of law imposing a beverage container
recycling program on school districts, UCs, CSUs, or CCCs.
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 each campus of the UC, CSU,
and CCC 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.
FISCAL EFFECT : According to Legislative Counsel, this bill is
non-fiscal.
COMMENTS : This bill encourages school districts and higher
education institutions to establish beverage container recycling
programs. The California Beverage Container Recycling Program
was established by AB 2020 (Margolin), Chapter 624, Statutes of
1986. According to the DOC, the program has three components
which: 1) Requires a deposit on each beverage container to give
consumers an incentive to recyle; 2) Establishes conveniently
located recycling centers where consumers can recycle and redeem
the deposits; and, 3) Imposes 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, 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
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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 (SB 373 (Torlakson), Chapter 926,
Statutes of 2001), 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."
According to the Assembly Higher Education Committee, CSU
approaches recycling on a campus level, believing that waste
recycling is a local issue and CSU local campuses have the
authority to address the issue. There are recycling
coordinators at each campus and according to the CSU
Chancellor's Office several CSU campuses have won national
awards for their recycling efforts. UC maintains a systemwide
policy on sustainable practices which includes, among other
requirements, provisions for recycling and waste management.
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Additionally, numerous UC, CSU, and CCC campuses have
established individual campus recycling programs. For example,
Humboldt State University maintains a student-run recycling
program that, in addition to recycling, includes a composting
and office supply exchange component. UC San Diego, which has
established a goal of becoming a zero waste campus by 2020,
maintains a single-bin recycling program that allows all
designated recyclables to be placed in any campus recycling
container. Santa Monica CCC District maintains a recycling
program that includes the placement of beverage container
recycling receptacles in various campus locations. As numerous
campuses have on their own established comprehensive recycling
programs, the Assembly Higher Education Committee questions
whether legislation encouraging campus beverage recycling
programs is necessary.
The author states, "AB 747 would promote beverage container
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."
Related legislation: SB 497 (Correa), pending in the Senate,
establishes the School Beverage Container Recycling Program and
requires school districts, only if there is no cost, to
establish a beverage container recycling program at each school
campus and district public office.
Prior legislation: SB 1321 (Correa), which was held in the
Assembly Appropriations Suspense File in 2008, is similar to SB
497.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0000652
AB 747
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