06 • 24 • 2020
Defended Against Preemption of Local Government Bag, Container Regulation in South Carolina
Victory: Defeated bad legislation in the South Carolina state legislature that, if passed, would have prohibited local governments from enacting any ordinances to regulate via ban, fee, or otherwise, what are defined as "auxiliary containers". This list includes bags, cups, packages, devices, containers, bottles, or other packaging used to consume, transport, or protect merchandise, food, or beverages from or at a food service or retail facility. The bill would vest the authority to regulate these items with the state General Assembly only.
A bill (S 394) was introduced in the South Carolina General Assembly in 2019, and proposed to preempt local governments from being able to regulate “auxiliary containers”, defined as bag, cup, package, container, bottle, or other packaging designed for consuming or transporting food or beverage. This bill represented an overreach by state government to restrict the authority of local governments to meaningfully reduce and prevent the sale and distribution of commonly littered items such as carryout bags, takeout containers, bottles, etc. that pollute our waterways and communities. S 394 was the reincarnation of similar bills that died from earlier sessions - H 3594 (2017-2018 session), and H 4793 (2015-2016 session). The Charleston Chapter and Grand Strand Chapter worked with allies to oppose this legislation.