Bill Text

Bill Information


Add To My Favorites | print page

SB-373 Environmental education: waste: recycling.(2001-2002)

SHARE THIS: share this bill in Facebook share this bill in Twitter
SB373:v89#DOCUMENT

Senate Bill No. 373
CHAPTER 926

An act to add Section 33541 to, and to add and repeal Section 51226.4 of, the Education Code, and to amend Section 42603 of, and to add Chapter 12.6 (commencing with Section 42630) to Part 3 of Division 30 of, the Public Resources Code, relating to the environment, and making an appropriation therefor.

[ Filed with Secretary of State  October 14, 2001. Approved by Governor  October 14, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 373, Torlakson. Environmental education: waste: recycling.
(1) Existing law requires the State Board of Education to include in the science framework appropriate language addressing the issue of integrated waste management in the ecology and environmental studies areas.
Existing law requires the Curriculum Development and Supplemental Materials Commission to study problems of courses of study in the schools of the state and, upon the request of the State Board of Education, make recommendations for the adoption of minimum standards for courses of study in preschool, kindergarten, elementary, and secondary school.
This bill would require the State Board of Education and the State Department of Education to revise, as necessary, the framework in science to include specified concepts regarding environmental education. The bill would require the Office of Integrated Environmental Education of the California Integrated Waste Management Board, which would be established by this bill, to provide the commission with information and materials to aid the commission in implementing this requirement. The bill would provide for the delayed implementation of these revisions until the appropriate curriculum framework adoption cycle commences.
(2) Existing law requires the governing board of every school district to prescribe and enforce the course of study for kindergarten and specified elementary grades.
This bill would require the Office of Integrated Environmental Education to create the Environmental Ambassador Pilot Program, commencing July 1, 2002.
The bill would require the office to use the findings and results of the pilot program to develop and refine the unified education strategy that the office would be required to adopt and would require the office to submit a report to the Governor and the Legislature by June 30, 2005, on the results of the pilot program. The bill would repeal the program on January 1, 2007.
This bill would require the Office of Integrated Environmental Education, in cooperation with the State Department of Education, the State Board of Education, and the Secretary for Education, to develop and implement a unified education strategy on the environment for elementary and secondary schools in the state. The bill would require the office to submit a report to the Legislature and the Governor by June 30, 2005, on the implementation of the unified education strategy. The bill would also make conforming changes.
(3) Existing law requires the California Integrated Waste Management Board to develop and implement a source reduction and recycling program for school districts that includes, among other things, the development of a model waste reduction and recycling program for school districts and schools.
The California Integrated Waste Management Act of 1989 requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. The first and each subsequent revision of the element is required to divert 50% of the solid waste subject to the element, on and after January 1, 2000, except as specified. Existing law requires a city, county, or regional agency to submit an annual report to the board summarizing its progress in diverting solid waste from disposal.
This bill would authorize a school district and county office of education to coordinate with the local agency, as defined, in diverting solid waste from landfill disposal or transformation facilities.
The bill would require the board to develop models and school waste reduction tools that may be used by schools, school districts, county offices, and local agencies to implement waste reduction programs. The bill would require the board to provide training and ongoing technical and information assistance to local agencies, schools, county offices, and school districts on implementing waste reduction programs.
The bill would require the Division of the State Architect, in consultation with the board, to develop and maintain on its Web site a list of recycled materials and a list of environmentally preferable products that may be used in the construction and modernization of public school facilities.
The bill would require the board, in consultation with the State Department of Education, the State Board of Education, and the Secretary for Education, to establish a program to provide grants to schools and school districts to assist in the development and implementation of educational programs to teach source reduction, recycling, and composting and would require the State Department of Education, the State Board of Education, and the Secretary for Education, to adopt criteria for awarding these grants. The bill would exempt the adoption of the criteria from the procedures for the adoption of regulations.
The bill would require the board by January 1, 2004, to evaluate the implementation of school waste reduction plans in the state’s schools, and if the board determines that less than 75% of schools have implemented a waste reduction and recycling program, the board would be required to recommend to the Legislature those statutory changes needed to require schools to implement such a program.
(4) The bill would appropriate $1,500,000 from the fees imposed upon operators of solid waste disposal facilities and deposited in the Integrated Waste Management Fund, for expenditure by the board, to provide grants to county offices of education, school districts, and schools for the grant program established by the bill. The bill would authorize the board to expend not more than 5 percent of this amount for administrative costs. The bill would make a legislative declaration that the funds appropriated by the bill are not the proceeds of taxes within the meaning of Article XIII A of the California Constitution, but are the proceeds of fees for specified reasons.
Appropriation: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 33541 is added to the Education Code, to read:

33541.
 (a) The State Board of Education and the State Department of Education shall revise, as necessary, the framework in science to include the necessary elements to teach environmental education, including, but not limited to, all of the following topics:
(1) Integrated waste management.
(2) Energy conservation.
(3) Water conservation and pollution prevention.
(4) Air resources.
(5) Integrated pest management.
(6) Toxic materials.
(7) Wildlife conservation and forestry.
(b) The Office of Integrated Environmental Education of the California Integrated Waste Management Board, established pursuant to Section 42603 of the Public Resources Code, shall provide the State Board of Education and the State Department of Education with available environmental information and materials to aid in implementing subdivision (a).
(c) Any recommended revisions in reference to the course requirements in science shall not be implemented until the commencement of the appropriate curriculum framework adoption cycle subsequent to the revision.

SEC. 2.

 Section 51226.4 is added to the Education Code, to read:

51226.4.
 (a) For purposes of this section, the following definitions shall apply:
(1) “Office” means the Office of Integrated Environmental Education of the California Integrated Waste Management Board, established pursuant to Section 42603 of the Public Resources Code.
(2) “Pilot program” means the Environmental Ambassador Pilot Program established pursuant to this section.
(b) Commencing July 1, 2002, the office shall establish the Environmental Ambassador Pilot Program, which shall conclude June 30, 2005.
(c) The office shall establish the pilot program to facilitate the utilization of environmental education as a means to environmental action. The office shall include, in the pilot program, but is not limited to, the development, support, and promotion of all of the following:
(1) Development of sustainable elementary and secondary school programs for environmental systems and environmental science and technology, including school gardens using composted materials.
(2) Coordinated instructional resources and strategies with onsite conservation efforts with active pupil participation, including energy audits and conservation.
(3) Service-learning partnerships, in which schools and communities work to provide real world experiences to pupils in areas of the environment and resource conservation, including education projects developed and implemented by pupils to encourage others to utilize integrated waste management concepts.
(4) Assessment of the impact to participating students and schools of the pilot program, to the extent feasible, on student achievement and resource conservation.
(d) The office shall use findings and results of the pilot program to develop and further refine the unified education strategy established by the office pursuant to Section 42603 of the Public Resources Code.
(e) On or before June 30, 2005, the office shall prepare and submit a report to the Governor and the Legislature on the results of the pilot project.
(f) This section shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date.

SEC. 3.

 Section 42603 of the Public Resources Code is amended to read:

42603.
 (a) (1) For purposes of this section “office” means the Office of Integrated Environmental Education of the board, as established pursuant to this section.
(2) The Office of Integrated Environmental Education is hereby established in the board. The office, in cooperation with the State Department of Education, State Board of Education, and the Secretary for Education, shall develop and implement a unified education strategy on the environment for elementary and secondary schools in the state. The office shall develop a unified education strategy to do all of the following:
(A) Coordinate instructional resources and strategies for providing active pupil participation with onsite conservation efforts.
(B) Promote service-learning opportunities between schools and local communities.
(C) Assess the impact to participating pupils of the unified education strategy on student achievement and resource conservation.
(3) On or before June 30, 2005, the office shall report to the Legislature and the Governor on its progress in developing, implementing, and assessing the unified education strategy.
(4) Nothing in this subdivision limits or mandates the activities or operations of any existing board, department, office, or commission in state government.
(b) The State Department of Education, State Board of Education, and Secretary for Education, in cooperation with the board, shall develop and implement to the extent feasible, a teacher training and implementation plan, to guide the implementation of the unified education strategy, for the education of students, faculty, and administrators on the importance of integrating environmental concepts and programs in schools throughout the state. The strategy shall project the phased implementation of elementary, middle, and high school programs.

SEC. 4.

 Chapter 12.6 (commencing with Section 42630) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  12.6. Schoolsite Source Reduction and Recycling Assistance Program
Article  1. Legislative Findings

42630.
 (a) It is the intent of the Legislature, by enacting this chapter, to accomplish all of the following:
(1) Every school district and schoolsite in this state will be encouraged to implement source reduction, recycling, and composting programs that would do all of the following:
(A) Reduce waste and conserve resources.
(B) Provide pupils with a “hands-on” learning experience.
(C) Minimize the expenditure of taxpayer and education dollars on solid waste collection and disposal.
(2) School districts and individual schoolsites will cooperate with cities and counties in developing plans and programs to meet and exceed the state’s 50 percent waste reduction and recycling mandate.
(3) To the maximum extent feasible, school districts and schools will utilize products and supplies made from recycled materials.
(4) The State Department of Education, State Board of Education, Secretary for Education, the California Environmental Protection Agency, and the Resources Agency, will coordinate efforts in the development, dissemination, and promotion of the use of environmental education programs for pupils.
(b) The Legislature, therefore, declares that school districts throughout the state should be assisted in establishing and implementing source reduction and recycling programs.

Article  2. Definitions

42635.
 For purposes of this chapter, the following definitions shall apply:
(a) “Environmentally preferable product” means a product that promotes healthy indoor environments for children, and demonstrates the use of the environmentally preferable materials and systems. When compared to other similar products with similar functions an environmentally preferable product has some, or all, of the following characteristics relative to those similar products serving similar functions:
(1) Less hazardous to public health, safety, and the environment.
(2) Consumes less energy in their manufacture or use.
(3) Contains more, or any amount of, recycled or post-consumer material content in their manufacture.
(4) Results in less potential waste.
(5) Results in less harm to indoor air quality.
(6) Consumes less water.
(7) Include features, or is manufactured from materials, that promotes recycling or reuse of the product.
(b) “Local agency” means a city that has prepared, adopted, and submitted to the county a source reduction and recycling element pursuant to Section 41000, and a county that has prepared and submitted to the board an integrated waste management plan pursuant to Section 41570.
(c) “Office” means a county office of education.
(d) “School” or “schoolsite” means a public elementary or secondary school.
(e) “School district” has the same meaning as defined in Section 80 of the Education Code.

Article  3. Diversion

42638.
 Each school district and office may coordinate with local agencies to implement solid waste management programs to maximize the diversion of solid waste from landfill disposal or transformation facilities. This coordination between the school district or office and the local agency may include, but is not limited to, assessing the school district’s solid waste and diversion needs and developing new or expanding existing integrated waste management programs, including waste prevention, recycling and composting programs.

Article  4. Models and School Waste Reduction Tools

42640.
 (a) On or before July 1, 2002, after researching and determining the best waste reduction practices for school districts and schoolsites, the board shall develop models and school waste reduction tools, based upon the program developed pursuant to Section 42621, that may be used by schools, school districts, offices, and local agencies to implement waste reduction programs. The models and tools may include, but not be limited to, all of the following:
(1) Waste prevention, recycling, composting, procurement, and green building elements that, when properly implemented, create hands-on learning experiences for pupils and result in a greater reduction in schoolsite and school district solid waste generation than currently exists.
(2) Model waste reduction programs that may be implemented by the local agencies, schoolsites, and school districts.
(3) Environmental, economic, and educational benefits of implementing waste reduction programs.
(b) The board shall make the models and tools available and downloadable to local agencies, schools, and school districts from the board’s Web site.

Article  5. Training, Assistance, and Information

42641.
 The board shall provide training and ongoing technical and informational assistance to local agencies, offices, schools, and school districts on implementing waste reduction programs.

42642.
 The Division of the State Architect, in consultation with the board, shall develop and maintain on its Web site, a list of environmentally preferable products and a list of recycled products that may be used in the construction and modernization of school facilities. The board shall provide notice to each school district of the existence of these lists and their location on these Web sites.

Article  6. Grants

(a) The board, in consultation with the State Department of Education, the State Board of Education, and the Secretary for Education, a program to provide grants to school districts and schools to assist in the development and implementation of educational programs and to promote the use of existing educational programs, to teach the concepts of source reduction, recycling, and composting.
(b) The board, in consultation with the State Department of Education, the Board of Education, and the Secretary for Education, shall adopt criteria for awarding grants pursuant to this article, including, but not limited to, the grant’s structure, the schedule for awarding grants, and grant amount limits. This criteria shall include, but not be limited to, a procedure for the geographic distribution of the grants and the appropriate representation of elementary, middle, and high school as grant recipients. In adopting this criteria, the board shall include, in the criteria, the extent to which a an office, a school district, or a school has demonstrated a commitment to achieving the following goals:
(1) The adoption of waste reduction and recycling programs and practices.
(2) The adoption and implementation of the unified education strategy adopted pursuant to Section 42603.
(3) The allocation of adequate space for the safe collection, storage, and loading of recyclable materials.
(4) To the maximum extent feasible, the use of recycled materials and environmentally preferable products in the construction or modernization of public school facilities.
(5) Participation in the environmental ambassador pilot program established pursuant to Section 51226.4 of the Education Code.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the adoption of criteria for the awarding of grants pursuant to this article is not the adoption of a regulation, and is exempt from the requirements of that chapter.

42646.
 On or before January 1, 2004, the board shall evaluate the implementation of school waste reduction and recycling programs in the state’s schools and if the board determines less than 75 percent of schools have implemented a waste reduction and recycling program, the board shall recommend to the Legislature those statutory changes needed to require schools to implement such a program.

42647.
 The board may enter into an interagency agreement with the State Department of Education or other state agencies to implement this chapter, Section 42603, and Sections 33541 and 51226.4 of the Education Code.

SEC. 5.

 The sum of one million five hundred thousand ($1,500,000) dollars is hereby appropriated from the fees deposited pursuant to Section 48000 of the Public Resources Code in the Integrated Waste Management Fund, for expenditure by the California Integrated Waste Management Board, to provide grants to county offices of education, school districts, and schools to assist in the development and implementation of programs pursuant to Section 42645 of the Public Resources Code. The board may expend not more than 5 percent of the amount appropriated by this section for administrative costs.

SEC. 6.

 The Legislature finds and declares that the fees appropriated by Section 5 of this act are not the proceeds of taxes within the meaning of Article XIII A of the California Constitution, but instead, are the proceeds of fees for all of the following reasons:
(a) The amounts appropriated by Section 5 of this act will be used to provide for grants to teach the concepts of source reduction, recycling, and composting, the goal of which is to reduce the amount of solid waste disposed of in landfills.
(b) Due to the potentially adverse environmental impact of landfill of solid waste and the state’s diminishing landfill capacity, the use of the fees paid by operators of solid waste facilities to pay for this education mitigates the future adverse impact of the operation of solid waste facilities.
(c) Decreasing the amount of solid waste sent to landfill, by diverting through recycling and waste reduction, will also benefit the operators of solid waste disposal sites, by decreasing the amount of solid waste that is required to be disposed in landfills.