BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       SB 497
          AUTHOR:        Correa
          INTRODUCED:    February 26, 2009
          FISCAL COMM:   Yes            HEARING DATE:  April 1, 2009
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           NOTE  :  This bill has been referred to the Committees on  
          Education and Environmental Quality.  A "do pass" motion  
          should include referral to the Committee on Environmental  
          Quality.

           SUBJECT  :  School Recycling Programs
          
           SUMMARY  

          This bill requires school districts to consult with the  
          local Community Conservation Corps or another recycler to  
          obtain information in order to establish a beverage  
          container recycling program.

           BACKGROUND  

          Current law:

          1)   Requires the Integrated Waste Management Board (IWMB)  
               to develop and implement a source reduction and  
               recycling program for school districts that includes  
               model programs, training, technical assistance, and  
               locating markets for recyclable materials.

          2)   Encourages each school district to establish and  
               maintain a paper recycling program and requires the  
               IWMB, in conjunction with at least the California  
               Department of Education to, among other things,  
               develop and distribute curriculum material relating to  
               paper recycling, conservation of resources, and topics  
               relating to the implementation of a paper recycling  
               program.  

          3)   Provides for the Beverage Container Recycling and  
               Litter Reduction Act, administered by the California  




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               Department of Conservation.  This act governs the  
               recycling of California Redemption Value beverage  
               containers.  The purpose of this program is to provide  
               beverage recycling containers to eligible applicants,  
               including schools and colleges.  According to the  
               Department of Conservation's website, $1.5 million was  
               available for this purpose in the 2008-09 fiscal year.  
                










































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           ANALYSIS
           
           This bill  requires school districts to consult with the  
          local Community Conservation Corps or another recycler to  
          obtain information in order to establish a beverage  
          container recycling program.  Specifically, this bill:

          1)   Requires a school district, only to the extent that it  
               does not incur costs, to consult with the local  
               Community Conservation corps or another recycler to  
               obtain information in order to establish a beverage  
               container recycling program at each school campus and  
               public office of that school district.

          2)   Authorizes beverage container recycling program  
               services to be provided in a manner determined by the  
               district, as long as it is consistent with the  
               Beverage Container Recycling and Litter Reduction Act.

          3)   Requires the Integrated Waste Management Board and  
               Department of Conservation to provide a school  
               district, upon the request of a district, with  
               information and supplies, as specified.

          4)   Authorizes the Integrated Waste Management Board and  
               the Department of Conservation, upon the request of a  
               school district and subject to the availability of  
               funds, to provide a school district with a sufficient  
               number of beverage container recycling bins to meet  
               the estimated need of the campus or office to be  
               served.

          5)   Authorizes a school district to enter into an  
               agreement or partnership with a pubic agency, private  
               sector, or non-profit entity to obtain all or part of  
               the supplies and information necessary for  
               participation in a beverage container recycling  
               program.

          6)   Authorizes the proceeds from beverage container  
               recycling to be used, at the discretion of the school  
               district governing board, for all of the following:

               a)        Reimbursement for the initial cost of  
                    acquiring beverage container recycling bins.




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               b)        For transfers to a participating school's or  
                    district's discretionary fund.

               c)        For other costs, including the cost of  
                    personnel associated with the maintenance of the  
                    beverage container recycling bins.

          7)   Sunsets these provisions on January 1, 2012.









































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           STAFF COMMENTS 

           1)   Mandate and fiscal impact  .  This bill imposes a  
               mandate and could create costs for school districts.   
               While it is possible for schools to operate a  
               recycling program and sustain a profit, districts  
               could incur initial costs to supply schools with  
               recycle bins and administration of the program.  This  
               bill requires districts to obtain information about  
               establishing a beverage container recycling program  
               only to the extent that the district does not incur  
               costs.

          This bill authorizes the Integrated Waste Management Board  
               and Department of Conservation to provide districts  
               with beverage container recycling bins, subject to the  
               availability of funds.  Bins from the Department of  
               Conservation could cost $30 - $40 each.  It is  
               doubtful that the Department of Conservation can  
               currently absorb the costs of providing "sufficient"  
               bins, or even one bin, for each school campus and  
               district office.  Incurring the costs of these bins  
               would certainly be difficult for many school  
               districts.  

          According to Assembly Appropriations Committee analysis of  
               a nearly identical bill from last session, that bill  
               would have imposed:

               a)        General Fund cost pressure, likely between  
                    $150,000 and $300,000, to the Integrated Waste  
                    Management Board and Department of Conservation  
                    to provide beverage recycling bins to school  
                    districts, upon request.  

               b)        General Fund administrative costs, likely  
                    between $200,000 and $300,000, to the Integrated  
                    Waste Management Board to hire staff to provide  
                    information and supplies to school districts, as  
                    required by this measure.     

           2)   Prior legislation  .  This bill is similar to SB 1321  
               (Correa, 2008), which passed this Committee on a 7-0  
               vote on April 2, 2008.  SB 1321 was held on Assembly  
               Appropriations Committee's suspense file.





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           SUPPORT  

          American Chemistry Council
          American Federation of State, County and Municipal  
          Employees
          California State Association of Counties

           OPPOSITION

           None received.