THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY MUSTO, M. WHITE, SCARNATI, FONTANA, O'PAKE, RAFFERTY, STOUT, TARTAGLIONE, FERLO, COSTA, ARGALL, FARNESE, WASHINGTON, STACK, BOSCOLA, BAKER, YAW, D. WHITE, VOGEL, MELLOW AND BROWNE, MAY 26, 2010

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 29, 2010   

AN ACT

Amending the act of July 28, 1988 (P.L.556, No.101), entitled

"An act providing for planning for the processing and

disposal of municipal waste; requiring counties to submit

plans for municipal waste management systems within their

boundaries; authorizing grants to counties and municipalities

for planning, resource recovery and recycling; imposing and

collecting fees; establishing certain rights for host

municipalities; requiring municipalities to implement

recycling programs; requiring Commonwealth agencies to

procure recycled materials; imposing duties; granting powers

to counties and municipalities; authorizing the Environmental

Quality Board to adopt regulations; authorizing the

Department of Environmental Resources to implement this act;

providing remedies; prescribing penalties; establishing a

fund; and making repeals," in recycling and waste reduction,

further providing for recycling at educational institutions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1509 of the act of July 28, 1988

(P.L.556, No.101), known as the Municipal Waste Planning,

Recycling and Waste Reduction Act, is amended to read:

Section 1509.  Recycling at educational institutions.

(a)  General rule.--The department, in consultation with the

Department of Education, shall develop guidelines for source

separation and collection of recyclable materials and for waste

reduction in primary and secondary schools, colleges and

universities, whether the schools, colleges and universities are

public or nonpublic. At a minimum, the guidelines shall address

materials generated in administrative offices, classrooms,

dormitories and cafeterias. The Department of Education shall

distribute these guidelines and encourage their implementation.

The guidelines shall be developed and distributed within two

years of the effective date of this act, except that the

guidelines are not required to be distributed to educational

institutions that are Commonwealth agencies implementing

recycling programs under section 1505.

(b)  Textbooks and other books.--

(1)  Public and nonpublic primary and secondary schools

and institutions of the State System of Higher Education

shall use certified textbook recycling facilities for the

collection and recycling of textbooks and other books that

are to be discarded.

(2)  The Department of General Services shall promulgate

regulations for implementation of the certification of

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textbook recycling facilities under this subsection. The

regulations shall require compliance no earlier than the end

of the school year which occurs after the effective date of

the regulations.

(3)  The Department of General Services shall certify and

may contract with a facility or facilities to recycle

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textbooks and other books for a minimum three-year period.

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The Department of General Services may suspend the contract

if at any point during the period the facility fails to meet

the qualifications for certification.

(4)  In order to be certified by the Department of

General Services and prior to entering into a contract with

the Department of General Services under this subsection, a

textbook recycling facility must satisfy the following

conditions:

(i)  The facility may not dispose of textbooks and

other books at landfills or resource recovery facilities.

(ii)  The facility must monetarily compensate the

schools and institutions required to comply with this

subsection for the textbooks and other books it accepts

for recycling and for any costs that the schools or

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institutions incur to transport, store or ship the

textbooks and other books to be recycled.

(iii)  The facility must have adequate facilities in

this Commonwealth to store and ship the textbooks and

other books for recycling.

(iv)  The facility must employ not less than 50% of

its personnel in this Commonwealth and may apply to the

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Department of General Services for a waiver of this

requirement.

(v)  The facility must ensure that all discarded 

textbooks and other books are used in the development of

renewable energy resources or redistributed for

educational purposes.

(vi)  Other provisions determined to be necessary by

the Department of General Services.

(5)  A school or institution subject to the requirements

of this subsection shall be deemed to be in compliance with

the provisions of this subsection or the regulations

promulgated under this subsection for textbooks and other

books if the school or institution:

(i)  offers the textbooks and other books for

recycling to one or more certified textbook recycling

facilities and each facility that received the offer

cannot comply with paragraph (4)(ii); or

(ii)  provides the textbooks and other books to other

schools or institutions or charitable organizations for

educational purposes.

Section 2.  This act shall take effect in 60 days.