ANNAPOLIS, Md. 鈥� Plastic carryout bags would essentially be a thing of the past in Maryland if a bill in the General Assembly gathers enough lawmakers鈥� votes.
The bill would ban plastic carryout bags at the 鈥減oint of sale鈥� next year in July; require stores to charge customers a 10-cent fee per “durable” carryout bag, such as paper bags, money that retailers would keep; and create a “Single-Use Products Workgroup,” according to a state legislative analysis.
Del. Jerry Clark, R-Calvert and St. Mary’s, asked the bill鈥檚 sponsor, Del. Brooke Lierman, D-Baltimore, whether paper bags are better for the environment than plastic bags at a bill hearing Feb. 11 in the House Environment and Transportation Committee
Lierman said paper bags are better, though the goal of her bill is to encourage bringing reusable bags to stores and limit overall waste.
“You don鈥檛 go to the store without forgetting your wallet, and if we move this forward, we won’t go to the stores without remembering our bags because people don鈥檛 want to pay (a bag fee),” Lierman said.
During testimony, Lierman presented a 2019 survey that shows 88.2% of Prince George鈥檚 County and 76.6% of Howard County shoppers 鈥� who are not charged a bag fee 鈥� take disposable bags; and only 41.8% of Montgomery County shoppers, who are charged 5 cents, take disposable bags.
The bill is estimated to cost the state $71,700, which is the price of Maryland鈥檚 Department of Labor hiring an assistant attorney general in the program鈥檚 first year to develop regulations and communicate with counties and industry associations, according to the state legislative analysis.
The ban only applies to plastic carryout bags at the “point of sale,” like at grocery store checkouts. Bags not banned are ones used for packaging fruits and vegetables; wrapping meats and frozen foods; containing flowers; bagging bakery items; delivering newspapers; covering dry-cleaned clothes; and carrying medicine from pharmacists, according to a state legislative analysis.
Lierman鈥檚 bill, , has 43 other legislators signed on, and state Sen. Malcolm Augustine, D-Prince George’s, is sponsoring identical .
Similar bills failed to pass in 2015 and 2016, but Augustine told Capital 草莓传媒 Service that he has 鈥渄one his homework鈥� and expects the ban to become law.
Augustine鈥檚 legislation is scheduled to be heard in a committee Thursday.
Recently, Baltimore issued a ban on plastic bags that is scheduled to go into effect in January, according to a statement from Mayor Bernard C. 鈥淛ack鈥� Young, who supports Lierman鈥檚 bill.
Other jurisdictions also regulate carryout bags: besides Montgomery County鈥檚 5-cent fee per carryout bag, Howard County plans to implement a fee in October, and the cities of Takoma Park, Westminster and Town of Chestertown all regulate single-use bags, according to the state legislative analysis.
Counties could no longer collect the revenue from bag fees under this state bill; Montgomery County collects about $2.5 million annually, which goes toward stormwater management and water quality improvements, according to the legislative analysis.
Natasha Mehu, legislative director for Maryland Association of Counties, testified Tuesday, saying that she wants an amendment that would “preserve” county programs, such as Montgomery County鈥檚 Water Quality Protection Charge Fund.
Mehu said the association is not in favor of the bill unless a 鈥減ortion鈥� of the proposed 10-cent fee per 鈥渄urable鈥� carryout bag is left for county programs.
Howard County鈥檚 planned fee on disposable plastic bags would charge consumers 5 cents per plastic bag, 1 cent going to retailers and the rest to the county, according to a news release from the county鈥檚 council.
The revenue would go into the Disposable Plastics Reduction Fund, a part of which would provide reusable bags to “vulnerable individuals,” according to county legislation CB64-2019.
Maryland Hunger Solutions Director Michael Wilson also testified Tuesday, voicing concern that the bill has a “disparate” impact on low-income consumers.
Wilson said Hunger Solutions would support the legislation with an amendment that either exempts or creates a fund for people in the Supplemental Nutrition Assistance Program 鈥� also known as food stamps 鈥� to reduce the fee鈥檚 potential impact on low-income consumers.
Maryland Retailers Association President Cailey Locklair said they support the bill because a statewide ban is preferable to multiple county bans, which are burdensome to 鈥渕ultijurisdictional鈥� retailers.
Locklair brought out a paper bag during Tuesday鈥檚 bill hearing, telling delegates that retailers would not turn a profit off the 10-cent ”durable” bag fee.
鈥淥ur retailers want one law that they can comply with that is straightforward for consumers in the state,鈥� Locklair testified.
Locklair told Capital 草莓传媒 Service that the Maryland Retailers Association worked with the bill鈥檚 sponsors.
鈥淥ne size fits all (legislation) can鈥檛 work for everyone, but we want to be at the table when this gets negotiated,鈥� Locklair said.
J.S. Edwards LTD President Edward Steinberg testified in favor of the bill, and said the plastic bags the men鈥檚 clothing store uses cost 45 cents while paper bags are $1.20.
鈥淏ags, in price, can vary considerably. Another thing to consider is 鈥� it鈥檚 the face of your store, it’s your advertising,鈥� Steinberg said.
Melvin Thompson testified against the bill on behalf of the Restaurant Association of Maryland. Sitting next to Thompson was Eric King, co-owner of Sea King Seafood Markets in Ellicott City, who also testified against the bill.
King said plastic bag use should be 鈥渃urbed,鈥� but the bill has 鈥渟ome unintended consequences.鈥�
鈥淲hen you get steamed crabs, we put them in a brown paper bag. You get that paper bag in a plastic bag because, 30 minutes later, the steam and condensation from the crab has soaked through, and your crabs will be on the floor of your car,鈥� King said.
The bill creates a civil penalty worth up to $500 for stores caught violating the plastic bag ban or failing to charge 10 cents per 鈥渄urable鈥� carryout bag, according to the state legislative analysis.
Currently, eight states ban disposable plastic bags: California, Connecticut, Hawaii, Delaware, Maine, Oregon, New York and Vermont, according to the legislative analysis.
鈥淭his bill is really a win for our consumers, a win for our state and local governments, a win for the environment, and a win for our businesses,鈥� Lierman said at Tuesday鈥檚 bill hearing.
