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 AND MELLOW, MAY 26, 2010

SENATOR M.WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED, JUNE 8, 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 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 to recycle textbooks and other

books for a three-year period. 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.

(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.

(v)  The facility must ensure that all recycled 

<--

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.

(3)  No (5)  A school or institution subject to the

<--

requirements of this subsection shall be deemed to be in

noncompliance compliance with the provisions of this

<--

subsection or the regulations promulgated under this

subsection for textbooks or and other books that if the

<--

school or institution:

(i)  offers the textbooks and other books for

<--

recycling to one or more certified textbook recycling

facilities that will not agree to purchase the textbooks

<--

or other books 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.