Restaurant Recycling Bill S. 461 on Agenda Today

By Becky Billingsley

Wednesday, Feb. 8, 2012, Columbia - Today at 9 a.m., in the Blatt Building in Columbia's state government complex, the Environmental Affairs I Subcommittee has on its agenda Bill S.461, also known as the restaurant recycling bill.

The agenda item says:

S. 461 -- Senators Cleary, Sheheen, Lourie, Ford, Reese And Scott: A bill to amend the code of laws of South Carolina, 1976, by adding section 61-2-85, so as to provide that a holder of a permit that allows on-premises consumption of beer, wine, or alcoholic liquors shall recycle each recyclable beverage container sold on the premises in accordance with a model recycling program developed by the Department of Health and Environmental Control; to amend section 61-2-90, relating to requiring an approved recycling plan to be included in a permit application for on-premises consumption; and to amend section 6-4-20, relating to the use of accommodations taxes, so as to provide for funding for the administration and implementation of the model recycling program.

The bill calls for restaurants that have on-site alcohol consumption permits to implement recycling plans within two years for plastic, corrugated cardboard, aluminum and glass. As it's written now, it would give a 10 percent discount on ABC permit applications or renewals for eight years if the restaurant's recycling plan includes glass. Restaurants can opt out of a recycling plan if such a plan isn't "financially feasible," such as recycling costing more than 14 percent more than current waste removal fees, or if there is a lack of available glass recyclers in the restaurant's area.

Proponents of the bill, such as members of the Coastal Conservation League, say Bill S. 461 would create jobs, with the group citing a 2010 Clemson University study that "projects recycling industry growth at 12% annually producing 37,000 direct and indirect jobs in five years."

Studies by industry experts have shown that recycling cardboard, glass, aluminum and plastic would be comparable in price to traditional commercial waste removal prices.

However, the bill has opponents, including the South Carolina Hospitality Association. In an e-mail sent on Feb. 3 to its members, the SCHA declared its opposition for the following reasons:

· The bill unfairly impacts less than 10% of all businesses in the state.

· The bill is tied to the state’s alcohol beverage license and has no nexus with the responsible and legal sale of alcohol.

· This bill has one business - bars and restaurants - paying to financially benefit and grow another privately owned business - recycling companies.

· This bill puts all of the cost of recycling on the restaurant or bar.

· The bill is very ambiguous because it says a restaurant does not have to recycle glass until it is “financially feasible” or “geographically available.” It also allows a restaurant to take their recyclables to a drop-off location “that is easily available to the permit holder.”

· The bill does not offer appropriate “financial incentives” to recycle.

· The only state in the country with this law, North Carolina, it was added as a last minute sine die amendment to another bill without any public discussion or hearings.

· In North Carolina, the cost of this recycling mandate is between $800 and $4,000 per year and it cannot completely be offset by reducing normal dumpster fees as most waste services are under a contract.

This bill could jeopardize many small businesses. Restaurants are not highly profitable operations as you can see when small independent restaurants close every week and this bill could create job losses in these small businesses.

Anyone with questions about the hospitality association's stance on this recycling legislation can contact Tom Sponseller, the president and corporate secretary for the South Carolina Hospitality Association, at (803) 765-9000, Ext. 11, or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Environmental Affairs I Subcommittee are:

Representative David "Davie" R. Hiott, Subcommittee Chairman
Columbia Phone (803) 734-3323
Home Phone (864) 878-9832
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Representative William E. "Bill" Crosby
Columbia Phone (803) 212-6879
Home Phone (843) 553-2821
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Representative Chandra E. Dillard
Phone (803) 212-6791
Home Phone (864) 294-2503
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Representative Christopher J. "Chris" Murphy
Phone (803) 212-6925
Home Phone (843) 832-1120
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