The Montgomery County Council is expected to vote Tuesday to approve legislation that would ban plastic shopping bags and increase an existing tax on paper shopping bags.
New legislation regarding consumer protection for tenants and the proposed creation of a single-family home demolition tax will also be introduced during Tuesday’s council meeting.
The council will meet at 9:15 a.m. in the Stella Werner Council Office Building in Rockville for its regular weekly business meeting. Here’s what to expect:
Vote on proposed plastic bag ban
The council will vote on whether to approve a proposed near-complete ban on the use of plastic shopping bags in the county.
The “Bring Your Own Bag” bill is sponsored by council President Kate Stewart (D-Dist. 4) and co-sponsored by Vice President Will Jawando (D-At-large) and councilmembers Natali Fani-Gonzàlez (D-Dist. 6), Evan Glass (D-At-large) and Laurie-Anne Sayles (D-At-large). It would prohibit retail establishments from providing plastic shopping and carryout bags, with some exceptions. Establishments would be allowed to provide paper bags at a 10-cent tax per bag, a 5-cent increase over the current tax.
Other Maryland jurisdictions, including Anne Arundel, Baltimore and Prince George’s counties, and the cities of Annapolis, Baltimore and Frederick, have passed similar bans on plastic bags, indicating a growing trend within the state.
“Plastic bags can take more than 1,000 years to decompose, and as the plastic breaks down, micro plastics are leached into our soil and water, which impacts human health as well as local flora and fauna,” Stewart said during a media briefing Monday. “This bill encourages people to bring reusable bags with them shopping, and improves the process for our local businesses.”
A January public hearing drew an unusually high number of speakers who testified in response to the legislation, which, if passed, would go into effect July 1. Supporters said it is vital to pass the ban in order to limit waste created by single-use plastics as well as the litter they create. But critics of the proposed ban cited a variety of concerns, including loss of convenience, and were particularly opposed to the potential increased tax on paper bags.
The county currently imposes a 5-cent tax on plastic bags; that tax would be repealed under the proposed legislation. A June 2023 report from the county Office of Inspector General revealed the county lost up to a potential $8.2 million from not properly enforcing its plastic carryout bag tax that was enacted in 2012.
County businesses such as grocery stores, convenience stores and restaurants have been required to charge a 5-cent tax on single-use plastic and paper bags since the council passed a bill in 2011 “to help fund the county’s stormwater management program to support the goals of a cleaner environment,” according to the report.
The tax also was created to encourage residents to use their own reusable bags when shopping and to limit plastic waste, according to the inspector general’s office.
According to the proposed bill, a retailer could provide a plastic bag for exceptions such as prescription drugs purchases and drycleaning items, and to hold perishable items such as meat. Newspaper mailer bags also would be allowed.
The proposed 10-cent tax on paper bags would not apply to those exceptions either and also would not apply to paper bags provided for restaurant leftovers, food delivery or fast food passed through a drive-through window. Customers who receive Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or Supplemental Nutrition Assistance Program (SNAP) benefits also would be exempt from the tax.
Tenant consumer protection legislation
Councilmember Kristin Mink (D-Dist. 5) will introduce a bill that would remove an exemption for landlord and tenant issues under county consumer protection laws, making it easier for the county’s Office of Consumer Protection and the Office of the County Attorney to enforce compliance when landlords fail to correct housing code violations.
Under current county law, landlords are exempt from some consumer protection laws because they are not considered “merchants.” According to a council staff report, Mink’s bill would amend the laws’ language to include landlords under the category of “merchants,” which would enable government officials to hold landlords accountable if they provide unfit rental housing, do not provide amenities as advertised, fail to repair essential building services, impose junk fees or if they have committed chronic housing code violations.
Proposed demolition tax
Mink will introduce a second piece of legislation that would establish an excise tax on certain demolitions and renovations of single-family homes, with the revenue from the tax going toward the Montgomery Housing Initiative and used exclusively for Housing Production Fund. The proposed tax is designed to help retain affordable homes in the county.
According to the council staff report, a $20,000 excise tax rate would apply to certain total demolitions and partial demolitions of attached or detached single-family homes in the county. A “partial demolition” is considered construction or renovation that results in the destruction or removal of at least 50% of an existing single-family home.
Under the bill, the council would have the authority to raise the tax rate in accordance with inflation, subject to a public hearing.
Some houses, including those being demolished for safety reasons, would be exempt from the rule. Exceptions would also apply if the original homeowner agrees to own and live in the replacement home for at least five years, or if the new construction includes moderately priced dwelling units (MPDUs). According to the county’s Department of Housing and Community Affairs, the program aims to produce moderately priced housing, distribute low and moderate-income households across the county’s growth areas, expand and retain an inventory of low-income housing in the county and provide funding for future affordable housing projects.
