BILL NUMBER: AB 747AMENDED 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 amendSectionSections 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 Universityand Collegesis 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 recyclingprogramsprogram 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 theCalifornia State University andUniversity 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 Universityand, 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 Universityand, and the California Community Colleges.