BILL ANALYSIS
SB 497
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 497
AUTHOR: Correa
AMENDED: As introduced
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : SCHOOL RECYCLING PROGRAMS
SUMMARY :
Existing law :
1) Under the Beverage Container Recycling and Litter Reduction
Act, authorizes a redemption value fee from consumers when
a beverage in certain containers is purchased, that is
subsequently submitted as a California Redemption Value
(CRV) payment to the Department of Conservation (DOC) for
each container sold or transferred, and deposited in the
Beverage Container Recycling Fund. The fund is
continuously appropriated to DOC to pay refund values and
processing payments. DOC must pay handling fees to
supermarket sites and certain recyclers to provide an
incentive to redeem beverage containers. The Act also
authorizes funding for certain purposes.
(see http://www.consrv.ca.gov/DOR/gpi/webcon.pdf for
California Beverage Container Recycling and Litter
Reduction Act flow chart).
2) Under the California Integrated Waste Management Act of
1989:
a) Requires each city or county source reduction and
recycling element to include an implementation schedule
that shows a city or county must divert 25% of solid
waste from landfill disposal or transformation by
January 1, 1995, and must divert 50% of solid waste on
and after 2000. (Public Resources Code 41780).
b) Requires the CIWMB to develop and implement a source
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reduction and recycling program for school districts
that include, but are not limited to, certain elements
(e.g., model waste reduction and recycling program,
training for school districts, providing ongoing
technical and informational assistance, providing
assistance and information to school districts).
(42620 et seq.).
c) Requires the California Integrated Waste Management
Board (CIWMB) to: i) develop models and school waste
reduction tools that may be used by schools to implement
waste reduction programs, ii) provide training and
ongoing technical assistance to schools in implementing
waste reduction programs, and iii) evaluate
implementation of school waste reduction and recycling
programs. (42630 et seq.).
d) Requires each state agency to divert at least 25% of
all solid waste from landfill disposal or transformation
by January 1, 2002, and to divert at least 50% of solid
waste on and after January 1, 2004. (42921).
3) Encourages school districts to establish and maintain a
paper recycling program in all classrooms, administrative
offices, and other areas owned or leased by a school
district. (Education Code 32370 et seq.).
This bill creates the School Beverage Container Recycling
Program Law that:
1) Requires a school district, to the extent that it does not
incur costs, to consult with the local Community
Conservation Corps (CCC) or another recycler to obtain
information in order to establish a beverage container
recycling program.
2) Authorizes beverage container recycling program services to
include, but not be limited to, certain matters (e.g.,
providing for a local CCC or recycler to collect beverage
containers, providing a beverage container collection
program as a fundraising activity).
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3) Authorizes the CIWMB and the DOC to provide a school
district with recycling bins to meet the estimated campus
or office needs.
4) Authorizes a school district to enter into an agreement or
partnership with a public agency, private sector, or
nonprofit entity to obtain supplies and information to
participate in the program.
5) Authorizes beverage container recycling proceeds to be used
at the discretion of the school district governing board
for certain matters (e.g., reimbursement for acquiring
recycling bins, transfers to school's or district's
discretionary fund).
6) Contains related definitions and legislative intent.
7) Sunsets January 1, 2012.
COMMENTS :
1) Purpose of Bill . This bill was created by eighth grade
students at Nicholas Jr. High School in Fullerton as part
of Senator Correa's "There Oughta Be A Law" program.
According to the author, "These young students, our future,
grew tired of seeing hundreds of bottles and cans from the
school's vending machines being thrown away in the garbage
because of a lack of recycle containers. Their original
idea was to use recycling of these containers as a
fundraiser for schools. Little did they know what kind of
a cost savings it would mean to school districts throughout
the state!"
2) Trying again . SB 497 is similar to SB 1321 (Correa) of
2008, which was held on the Assembly Appropriations
Committee suspense file.
3) Clarification needed . Amendments are needed to: a) on
page 4, lines 21 and 22, strike provision that the intent
of this bill is to consult with the CCC; b) on page 5,
lines 4 and 5, strike the requirement to consult with the
CCC or another recycler, and instead refer to the
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establishment of a recycling program, while referencing
consultation with DOC and CIWMB; c) on page 5, line 19,
change "2009" to "2010;" d) on page 6, strike lines 1 to 9,
and include similar provisions under 42616, to ensure that
proceeds are used in a manner that is consistent with the
Beverage Container Recycling and Litter Reduction Act.
4) Related legislation . SB 55 (Corbett), which revises
containers that are covered under the Beverage Container
Recycling and Litter Reduction Act and amends other
provisions of the Act, was approved by this Committee April
20, 2009 (5-2).
SOURCE : Nicholas Jr. High School (Fullerton)
SUPPORT : Sierra Club
OPPOSITION : Department of Conservation
Riverside County Schools Advocacy Association