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House Co-Sponsorship Memoranda
House of Representatives
Session of 2021 - 2022
Regular Session
MEMORANDUM
| Posted: | May 11, 2021 09:55 AM |
|---|---|
| From: | Representative John A. Lawrence |
| To: | All House members |
| Subject: | COSPONSOR MEMO – Liquor Licensee Recycling |
| SUMMARY The Liquor Control Board has promulgated new regulations that will discourage some liquor licensees from recycling empty liquor bottles. This proposal simplifies reporting requirements surrounding recycling for tavern and restaurant owners, with a goal making recycling easier and more attractive for all liquor licensees. DETAILS The Pennsylvania Liquor Control Board (LCB) recently issued new rules concerning written proof of participation in a recycling program as required under Act 77 of 1994. Section 491 of the Liquor Code deals with “Unlawful Acts Relative to Liquor, Alcohol, and Liquor Licenses.” Fifteen subsections address a variety of specific situations contemplated by the legislature; section 491(5) deals with the Failure to Properly Dispose of Empty Liquor Containers. Act 77 of 1994 implemented several changes to the Liquor Code, including revisions to section 491(5). As enacted, Act 77 amended the law as follows: (5) Failure to Properly Dispose of Empty Liquor Containers. For any restaurant, hotel or club licensee, his servants, agents or employes, [sic] to fail to break any package in which liquors were contained, except those decanter packages that the board determines to be decorative, within twenty-four hours after the original contents were removed therefrom, unless the licensee participates in either a municipal recycling program, in accordance with the act of July 28, 1988 (P.L.556, No.101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," or a voluntary recycling program. The licensee shall provide proof in writing of the participation in a recycling program upon the demand of the Bureau of Liquor Control Enforcement of the Pennsylvania State Police. The proof of participation shall be provided in a manner as prescribed by the Pennsylvania Liquor Control Board [emphasis on language added by Act 77.] The General Assembly proscribed that the “licensee shall provide proof in writing” “upon…demand” concerning participation in a recycling program, and gave the LCB broad latitude to determine what exactly would constitute a licensee’s “proof of participation” in a recycling program. For over two decades since the passage of Act 77, the LCB never came up with any regulations surrounding what constituted “proof of participation” in a recycling program. Now, 25 years later, the LCB has issued new regulations through the IRRC process to fulfill their long-forgotten charge. However, while the new LCB regulation is well-intentioned, it will actually make recycling less attractive to tavern owners, meaning more liquor bottles will end up in the landfill. The new LCB proposal adds a new regulatory section requires a licensee intending to recycle liquor bottles to complete several new administrative tasks. A licensee must possess written proof that their county recycles the type of material the licensee proposes to recycle. A licensee who participates in curbside recycling must retain copies of a receipt or invoice from the trash hauler that picks up their recycling. All documents must be retained for several years. There are several flaws with the LCB’s new rule, both for licensees voluntarily participating in a recycling program, and licensees residing in an area with curb-side recycling. Suppose a licensee currently recycles glass liquor bottles on a voluntary basis. The LCB’s new rule may result in licensees halting their existing recycling program, and instead disposing of empty liquor bottles in the trash. Licensees may determine that keeping track of two years’ worth of paperwork is simply not worth the hassle, or the potential fine if the LCB determines the recordkeeping is inadequate. For this licensee, the simpler and less risky solution is to simply throw the bottles in the trash. Common sense and many legislative efforts subsequent to the passage of Act 77 in 1994 all commend the societal good that comes from recycling. Indeed, since the underlying statute was enacted, recycling has only increased in popularity. As a result, it stands to reason that the any newly developed LCB regulations should not, in any way, discourage recycling. There are certainly methods the board could have employed that would satisfy the legislature’s demand for written proof while imposing less of a burden on licensees to encourage maximum participation in recycling initiatives. As with any new rule or regulation, the liquor licensee who obeys the law and regularly recycles is going to do everything they can to comply. However, the rulemaking, with the requirement to track trash invoices and keep various data concerning recycling on hand, creates additional paperwork and regulatory headaches for the licensee. A well-meaning and regularly recycling licensee may even be fined for not conforming to the letter of the new rule. It is entirely reasonable to think that, under the LCB’s new rules, a licensee voluntarily recycling may cease to recycle simply to avoid potential fines and regulatory actions. It is also entirely reasonable to think that a licensee subject to a mandatory recycling program that is faithfully recycling could nevertheless be cited and fined for a newly established Act 77 violation, and that a licensee who is not recycling might comply with the newly established Act 77 regulation upon inspection without actually recycling anything. A better outcome could be achieved that is much simpler and less burdensome for licensees than the multiple requirements outlined in the new rule, while removing several of the negative outcomes previously contemplated. This proposal will require all liquor licensees who are required to recycle, or who voluntarily chose to do so, to clearly post a LCB-issued placard on-premises, next to their liquor license, stating “This establishment participates in a recycling program.” This proposal will result in a better outcome than the LCB’s new rule. Its simplicity will ensure licensees participating in a voluntary recycling program will continue to do so, and it requires significantly less recordkeeping for all licensees. This proposal also benefits from simplicity in enforcement for both the board and the licensee. The LCB’s rule is subject to endless confusion and interpretation – Does that printout from the County’s website clearly state the County recycles the type of plastic used for this liquor bottle? Does the licensee have every trash invoice for the past two years, or is one missing? One can imagine other such situations. However, compliance with my proposal is simple for both the licensee and the board – the prescribed placard is either displayed next to the licensee’s liquor license, or it isn’t. There is no room for debate, confusion, or interpretation. A clearly outlined and enforced standard is of great benefit to licensees, the board, and the citizens of the Commonwealth. I encourage you to cosponsor this common sense proposal to simply the regulatory burden on Pennsylvania’s small business owners, while increasing the attractiveness of recycling. |