BILL NUMBER: SB 63	CHAPTERED
	BILL TEXT

	CHAPTER  21
	FILED WITH SECRETARY OF STATE  JULY 28, 2009
	APPROVED BY GOVERNOR  JULY 28, 2009
	PASSED THE SENATE  JULY 24, 2009
	PASSED THE ASSEMBLY  JULY 24, 2009
	AMENDED IN ASSEMBLY  JULY 24, 2009

INTRODUCED BY   Senator Strickland
   (Principal coauthors: Assembly Members Huber and Audra Strickland)


                        JANUARY 20, 2009

   An act to amend Sections 11553 and 12805 of the Government Code,
and to amend Sections 14510.5, 14510.6, 40110, 40431, 40501, 71300,
71301, 71302, 71303, 71304, and 71305 of, to amend the heading of
Chapter 3 (commencing with Section 40400) of Part 1 of Division 30
of, to add Sections 40120.05, 40506.5, and 40506.7 to, to repeal
Sections 40433, 40500, and 40504 of, to repeal and add Section 40430
of, and to repeal and add Article 1 (commencing with Section 40400)
of Chapter 3 of Part 1 of Division 30 of, the Public Resources Code,
relating to waste management, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 63, Strickland. Waste management.
   (1) Existing law creates the California Integrated Waste
Management Board with specified powers and duties.
   This bill would abolish the California Integrated Waste Management
Board and transfer its duties and responsibilities to the Department
of Resources Recycling and Recovery, which would be created by the
bill in the Natural Resources Agency, under the direction of an
executive officer known as the Director of Resources Recycling and
Recovery.
   The bill would authorize the director to accept on behalf of the
department federal grants, and require the grants to be deposited in
the Special Deposit Fund, which is continuously appropriated, thereby
making an appropriation.
   (2) Under existing law, the Department of Conservation administers
the California Beverage Container Recycling and Litter Reduction
Act.
   This bill would transfer those duties to the Division of Recycling
that the bill would establish within the newly created Department of
Resources Recycling and Recovery.
   (3) Existing law establishes the Office of Education and the
Environment in the California Integrated Waste Management Board.
   This bill would transfer the Office of Education and the
Environment to the California Environmental Protection Agency.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11553 of the Government Code is amended to
read:
   11553.  (a) Effective January 1, 1988, an annual salary of
eighty-one thousand six hundred thirty-five dollars ($81,635) shall
be paid to each of the following:
   (1) Chairperson of the Unemployment Insurance Appeals Board.
   (2) Chairperson of the Agricultural Labor Relations Board.
   (3) President of the Public Utilities Commission.
   (4) Chairperson of the Fair Political Practices Commission.
   (5) Chairperson of the Energy Resources Conservation and
Development Commission.
   (6) Chairperson of the Public Employment Relations Board.
   (7) Chairperson of the Workers' Compensation Appeals Board.
   (8) Administrative Director of the Division of Industrial
Accidents.
   (9) Chairperson of the State Water Resources Control Board.
   (b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
   (c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
  SEC. 2.  Section 12805 of the Government Code is amended to read:
   12805.  (a) The Resources Agency is hereby renamed the Natural
Resources Agency. The Natural Resources Agency consists of the
departments of Forestry and Fire Protection, Conservation, Fish and
Game, Boating and Waterways, Parks and Recreation, Resources
Recycling and Recovery, and Water Resources; the State Lands
Commission; the Colorado River Board; the San Francisco Bay
Conservation and Development Commission; the Central Valley Flood
Protection Board; the Energy Resources Conservation and Development
Commission; the Wildlife Conservation Board; the Delta Protection
Commission; the Native American Heritage Commission; the California
Conservation Corps; the California Coastal Commission; the State
Coastal Conservancy; the California Tahoe Conservancy; the Santa
Monica Mountains Conservancy; the Coachella Valley Mountains
Conservancy; the San Joaquin River Conservancy; the San Gabriel and
Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills
Conservancy; the San Diego River Conservancy; and the Sierra Nevada
Conservancy.
   (b) No existing supplies, forms, insignias, signs, or logos shall
be destroyed or changed as a result of changing the name of the
Resources Agency to the Natural Resources Agency, and those materials
shall continue to be used until exhausted or unserviceable.
  SEC. 3.  Section 14510.5 of the Public Resources Code is amended to
read:
   14510.5.  "Department" means the Division of Recycling in the
Department of Resources Recycling and Recovery.
  SEC. 4.  Section 14510.6 of the Public Resources Code is amended to
read:
   14510.6.  "Director" means the Director of Resources Recycling and
Recovery.
  SEC. 5.  Section 40110 of the Public Resources Code is amended to
read:
   40110.  "Board" means the Department of Resources Recycling and
Recovery, or the Director of Resources Recycling and Recovery, as
appropriate.
  SEC. 6.  Section 40120.05 is added to the Public Resources Code, to
read:
   40120.05.  "Director" means the Director of Resources Recycling
and Recovery.
  SEC. 7.  The heading of Chapter 3 (commencing with Section 40400)
of Part 1 of Division 30 of the Public Resources Code is amended to
read:
      CHAPTER 3.  DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY


  SEC. 8.  Article 1 (commencing with Section 40400) of Chapter 3 of
Part 1 of Division 30 of the Public Resources Code is repealed.
  SEC. 9.  Article 1 (commencing with Section 40400) is added to
Chapter 3 of Part 1 of Division 30 of the Public Resources Code, to
read:

      Article 1.  General Provisions


   40400.  There is in the Natural Resources Agency the Department of
Resources Recycling and Recovery. The Department of Resources
Recycling and Recovery shall be administered under the control of an
executive officer known as the Director of Resources Recycling and
Recovery. Any reference in any law or regulation to the State Solid
Waste Management Board, the California Waste Management Board, or the
California Integrated Waste Management Board shall hereafter apply
to the Department of Resources Recycling and Recovery. The Director
of Resources Recycling and Recovery shall hear and decide appeals of
decisions of the Department of Resources Recycling and Recovery made
pursuant to this division.
   40401.  (a) (1) Except as otherwise specified by statute, the
Department of Resources Recycling and Recovery succeeds to and is
vested with all of the authority, duties, powers, purposes,
responsibilities, and jurisdiction of the former California
Integrated Waste Management Board.
   (2) There shall be a Division of Recycling in the Department of
Resources Recycling and Recovery. Except as otherwise specified by
statute, the Division of Recycling in the Department of Resources
Recycling and Recovery succeeds to and is vested with all of the
authority, duties, powers, purposes, responsibilities, and
jurisdiction of the Department of Conservation in the performance of
a function carrying out Division 12.1 (commencing with Section
14500).
   (b) (1) All employees of the former California Integrated Waste
Management Board who, on January 1, 2010, are serving in the state
civil service, other than as temporary employees, are transferred to
the Department of Resources Recycling and Recovery.
   (2) The status, position, and rights of those persons transferred
pursuant to this subdivision shall not be affected and shall be
retained by them as employees of the department to which they are
transferred pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to positions exempt from civil service.
   (c) (1) All officers and employees of the Department of
Conservation who, on January 1, 2010, are serving in the state civil
service, other than as temporary employees, and are engaged in the
performance of a function carrying out Division 12.1 (commencing with
Section 14500), shall be transferred to the Division of Recycling in
the Department of Resources Recycling and Recovery.
   (2) The status, position, and rights of those persons transferred
pursuant to this subdivision shall not be affected and shall be
retained by them as officers and employees of the department to which
they are transferred pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to positions exempt from civil service.
   (d) Any regulations adopted before January 1, 2010, by the former
California Integrated Waste Management Board and the Department of
Conservation relating to carrying out the duties and responsibilities
transferred pursuant to subdivision (a), that are in effect on
January 1, 2010, shall remain in effect on and after January 1, 2010,
and are enforceable until readopted, amended, or repealed.
   (e) The Department of Resources Recycling and Recovery shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, land and other real or
personal property, held for the benefit or use of all bodies,
offices, and officers whose duties, powers, and functions have been
transferred pursuant to subdivision (a).
   40402.  The Department of Resources Recycling and Recovery may
expend the money in any appropriation or in any special fund in the
State Treasury made available by law for the administration of the
statutes the administration of which is committed to the department,
or for the use, support, or maintenance of any board, bureau,
commission, department, office, or officer whose duties, powers, and
functions have been transferred to and conferred upon the department.
The department shall make those expenditures in accordance with law
in carrying out the purposes for which the appropriations were made
or the special funds created.
  SEC. 10.  Section 40430 of the Public Resources Code is repealed.
  SEC. 11.  Section 40430 is added to the Public Resources Code, to
read:
   40430.  The Director of Resources Recycling and Recovery shall be
appointed by, and hold office at the pleasure of, the Governor. The
director's appointment shall be subject to confirmation by the
Senate. The director shall receive the annual salary provided for by
Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code. Chapter 2 (commencing with Section
11150) of Part 1 of Division 3 of Title 2 of the Government Code
applies to the director.
  SEC. 12.  Section 40431 of the Public Resources Code is amended to
read:
   40431.  The Director of Resources Recycling and Recovery may
appoint those deputies, officers, and other employees that he or she
finds necessary for the performance of the functions of the
Department of Resources Recycling and Recovery. The staff of the
department shall be subject to the relevant system and procedures of
the state civil service. The State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code) applies to those personnel.
  SEC. 13.  Section 40433 of the Public Resources Code is repealed.
  SEC. 14.  Section 40500 of the Public Resources Code is repealed.
  SEC. 15.  Section 40501 of the Public Resources Code is amended to
read:
   40501.  The Department of Resources Recycling and Recovery may
hold any hearings and conduct any investigations in any part of the
state necessary to carry out its powers and duties.
  SEC. 16.  Section 40504 of the Public Resources Code is repealed.
  SEC. 17.  Section 40506.5 is added to the Public Resources Code, to
read:
   40506.5.  (a) The Director of Resources Recycling and Recovery,
with approval of the Director of Finance, may accept, on behalf of
the Department of Resources Recycling and Recovery and its various
divisions, federal grants for the purposes for which the Department
of Resources Recycling and Recovery is established. The grants shall
be deposited in the Special Deposit Fund in the State Treasury
provided for by Section 16370 of the Government Code, and may be
expended under those terms and conditions as may be required by the
federal government.
   (b) Whenever the Department of Resources Recycling and Recovery
has received and deposited any money in the State Treasury to the
credit of the General Fund in an excessive amount or in error, or
whenever a refund of all or a portion of that money is due a person,
firm, or corporation because of the termination of an agreement or
other lawful reasons, payment of the refund shall be made upon the
filing of a claim by the Director of Resources Recycling and Recovery
with the Controller. The Controller shall draw a warrant for payment
of the refund from any appropriation made for that purpose.
  SEC. 18.  Section 40506.7 is added to the Public Resources Code, to
read:
   40506.7.  For the purposes of disseminating information relating
to its activities, powers, duties, or functions, the Department of
Resources Recycling and Recovery may issue publications, construct
and maintain exhibits, and perform acts and carry out functions that
in the opinion of the Director of Resources Recycling and Recovery
will best disseminate the information. The publications may be
distributed free of charge to public libraries and to other state
departments and state officers. The Department of Resources Recycling
and Recovery may exchange copies with contemporary publications. All
money received by the Department of Resources Recycling and Recovery
from the sale of publications, exclusive of money received by any
separate division of the department from the sale of publications,
shall be paid into the State Treasury to the credit of the General
Fund.
  SEC. 19.  Section 71300 of the Public Resources Code is amended to
read:
   71300.  (a) For purposes of this part "office" means the Office of
Education and the Environment of the California Environmental
Protection Agency, as established pursuant to this section.
   (b) The Office of Education and the Environment is hereby
established in the California Environmental Protection Agency. The
office shall report to the Secretary for Environmental Protection.
The office shall dedicate its effort to implementing the statewide
environmental educational program prescribed pursuant to this part.
The office, through staffing and resources, shall give a high
priority to implementing the statewide environmental education
program.
   (c) The office, under the direction of the Secretary for
Environmental Protection, in cooperation with the State Department of
Education, the 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:
   (1) Coordinate instructional resources and strategies for
providing active pupil participation with onsite conservation
efforts.
   (2) Promote service-learning opportunities between schools and
local communities.
   (3) Assess the impact to participating pupils of the unified
education strategy on pupil achievement and resource conservation.
   (4) On or before June 30, 2006, the office shall report to the
Legislature and the Governor on its progress in developing,
implementing, and assessing the unified education strategy.
   (d) The State Department of Education, State Board of Education,
and Secretary for Education 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 pupils, 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.
   (e) In implementing this part, the office may hold public meetings
to receive and respond to comments from affected state agencies,
stakeholders, and the public regarding the development of resources
and materials pursuant to this part.
   (f) In implementing this part, the office shall coordinate with
other agencies and groups with expertise in education and the
environment, including, but not limited to, the California
Environmental Education Interagency Network.
   (g) Any instructional materials developed pursuant to this part
shall be subject to the requirements of Chapter 1 (commencing with
Section 60000) of Part 33 of the Education Code, including, but not
limited to, reviews for legal and social compliance before the
materials may be used in elementary or secondary public schools.
  SEC. 20.  Section 71301 of the Public Resources Code is amended to
read:
   71301.  (a) As part of the unified education strategy, the office,
under the direction of the Secretary for Environmental Protection,
in cooperation with the Natural Resources Agency, the State
Department of Education, the State Board of Education, and the
Secretary for Education, shall develop education principles for the
environment for elementary and secondary school pupils. The
principles may be updated every four years beginning July 1, 2008.
The principles shall be aligned to the academic content standards
adopted by the State Board of Education pursuant to Section 60605 of
the Education Code. The principles shall be used to do all of the
following:
   (1) To direct state agencies that include environmental education
components for elementary and secondary education in regulatory
decisions or enforcement actions.
   (2) To align state agency environmental education programs and
materials that are developed for elementary and secondary education.
   (b) The education principles for the environment shall include,
but not be limited to, concepts relating to the following topics:
   (1) Environmental sustainability.
   (2) Water.
   (3) Air.
   (4) Energy.
   (5) Forestry.
   (6) Fish and wildlife resources.
   (7) Oceans.
   (8) Toxics and hazardous waste.
   (9) Integrated waste management.
   (10) Integrated pest management.
   (11) Public health and the environment.
   (12) Pollution prevention.
   (13) Resource conservation and recycling.
   (14) Environmental justice.
   (c) The principles shall be aligned to the applicable academic
content standards adopted by the State Board of Education and shall
not duplicate or conflict with any academic content standards.
   (d) (1)  The education principles for the environment shall be
incorporated, as the State Board of Education determines to be
appropriate, in criteria developed for textbook adoption required
pursuant to Section 60200 or 60400 of the Education Code in Science,
Mathematics, English/Language Arts, and History/Social Sciences.
   (2) If the State Board of Education determines that the education
principles for the environment are not appropriate for inclusion in
the textbook adoption criteria cited in paragraph (1), the State
Board of Education shall collaborate with the office to make the
changes necessary to ensure that the principles are included in the
textbook adoption criteria in Science, Mathematics, English/Language
Arts, and History/Social Sciences.
   (e) If the content standards required pursuant to Section 60605 of
the Education Code are revised, the education principles for the
environment shall be appropriately considered for inclusion into part
of the revised academic content standards.
  SEC. 21.  Section 71302 of the Public Resources Code is amended to
read:
   71302.  (a) Using the education principles for the environment
required in Section 71301, the office, under the direction of the
Secretary for Environmental Protection, shall develop, in cooperation
with the Natural Resources Agency, the State Department of
Education, and the State Board of Education, a model environmental
curriculum that incorporates these education principles for the
environment. The model curriculum shall be aligned with applicable
State Board of Education adopted academic content standards in
Science, Mathematics, English/Language Arts, and History/Social
Sciences, to the extent that any of those content areas are addressed
in the model curriculum.
   (b) The model curriculum shall be submitted to the Curriculum
Development and Supplemental Materials Commission for review. The
commission shall submit its recommendation to the Secretary for
Environmental Protection and to the Secretary of the Natural
Resources Agency by July 1, 2005.
   (1) The Secretary for Environmental Protection and the Secretary
of the Natural Resources Agency shall review and comment on the model
curriculum by January 1, 2006.
   (2) The model curriculum along with the comments by the Secretary
for Environmental Protection and the Secretary of the Natural
Resources Agency shall be submitted to the State Board of Education
for its approval.
  SEC. 22.  Section 71303 of the Public Resources Code is amended to
read:
   71303.  (a) As determined appropriate by the Superintendent of
Public Instruction, the State Department of Education shall
incorporate into publications that provide examples of curriculum
resources for teacher use, those materials developed by the office
that provide information on the education principles for the
environment required in Section 71300.
   (b) If the Superintendent of Public Instruction determines that
materials developed by the office that provide information on the
education principles for the environment are not appropriate for
inclusion in publications that provide examples of curriculum
resources for teacher use, the Superintendent of Public Instruction
shall collaborate with the office to make the changes necessary to
ensure that the materials are included in that information.
   (c) The model environmental curriculum approved by the State Board
of Education, pursuant to Section 71302 shall be made available by
the office to elementary and secondary schools to the extent that
funds are available for this purpose. The State Department of
Education shall make the model curriculum available electronically
including posting the model curriculum on its Internet Web site.
   (d) The State Department of Education, to the extent feasible and
to the extent that funds are available for this purpose, shall
encourage the development and use of instructional materials and
active pupil participation in campus and community environmental
education programs. To the extent feasible, the environmental
education programs should be considered in the development and
promotion of after school programs for elementary and secondary
school pupils and state and local professional development activities
to provide teachers with content background and resources to assist
in teaching about the environment.
   (e) (1) The California Environmental Protection Agency shall
assume costs associated with the printing of the approved model
curriculum as set forth in subdivision (c). The California
Environmental Protection Agency shall use, for these purposes, funds
that are available for its administrative costs.
   (2) From funds available for its administrative costs, the State
Department of Education shall post and maintain the model curriculum
on its Internet Web site and pay any costs associated with any
related online questionnaire on its Internet Web site as set forth in
subdivision (c).
   (3) The State Department of Education shall explore implementation
of this section from its baseline resources dedicated to this
purpose and if funding is not available from that source, then
funding may be provided to the department, pursuant to appropriation
by the Legislature, under Section 71305.
  SEC. 23.  Section 71304 of the Public Resources Code is amended to
read:
   71304.  (a) The office, under the direction of the Secretary for
Environmental Protection, shall be responsible for the statewide
coordination of regulatory administrative decisions that require the
development or encourage the promotion of environmental education for
elementary and secondary school pupils.
   (b) All California Environmental Protection Agency or Natural
Resources Agency boards, departments, or offices that take regulatory
actions or take enforcement actions requiring the development of, or
encouraging the promotion of, environmental education for elementary
and secondary school pupils shall, prior to adoption or approval of
the action, seek comments on the action from the office in order to
promote consistency with this part and cross-media coordination.
   (c) The office shall coordinate with all state agencies to develop
and distribute environmental education materials.
  SEC. 24.  Section 71305 of the Public Resources Code is amended to
read:
   71305.  (a) The Environmental Education Account is hereby
established within the State Treasury. Moneys in the account may,
upon appropriation by the Legislature, be expended by the California
Environmental Protection Agency for the purposes of this part. The
Secretary for Environmental Protection shall administer this part,
including, but not limited to, the account.
   (b) Notwithstanding any other provision of law to the contrary,
the agency may accept and receive federal, state, and local funds and
contributions of funds from a public or private organization or
individual. The account may also receive proceeds from a judgment in
state or federal court, when the funds are contributed or the
judgment specifies that the proceeds are to be used for the purposes
of this part. The account may receive those funds, contributions, or
proceeds from judgments, that are specifically designated for use for
environmental education purposes. Private contributors shall not
have the authority to further influence or direct the use of their
contributions.
   (c) Notwithstanding any other provision of law, a state agency
that requires the development of, or encourages the promotion of,
environmental education for elementary and secondary school pupils,
may contribute to the account.
   (d) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) into the account.