An Act To Eliminate Single-use Plastic Carry-out Bags
Maine Legislature, Session 129, LD 1532
Committee Amendment CA_B_H379 (House)
Amends: 38 MRSA §1605

COMMITTEE AMENDMENT "B " to H.P. 1115, L.D. 1532, Bill, "An Act To 
Eliminate Single-use Plastic Carry-out Bags" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 38 MRSA §1605, as repealed and replaced by PL 1991, c. 475, §1, is 
repealed.' 
Amend the bill in section 2 in §1611 in subsection 1 by inserting after the first 
paragraph the following: 
'A. 
"Participating municipality" means a municipality that has approved at 
referendum conducted in accordance with Title 30-A, chapter 121, subchapter 2 an 
article subjecting the municipality to both the prohibition in subsection 2 and the 
requirements in subsection 3. 
In the case of a town. plantation or township located within the unorganized and 
deorganized areas, "participating municipality" means a town, plantation or township 
located within a county in which the county commissioners of that county have voted 
to subject all towns, plantations and townships within the unorganized and 
deorganized areas of that county to both the prohibition in subsection 2 and the 
requirements in subsection 3.' 
Amend the bill in section 2 in § 1611 in subsection 1 in paragraph G in subparagraph 
(1) in the first line (page 1, line 29 in L.D.) by inserting after the following: "withstand" 
the following: 'a minimum of 
Amend the bill in section 2 in § 1611 in subsection 1 by relettering the paragraphs to 
read alphabetically. 
Amend the bill in section 2 in §1611 in subsection 2 by inserting at the end 2 new 
lettered paragraphs to read: 
'C. A retail establishment that is located in any municipality, regardless of whether 
the municipality is a participating municipality, may make single-use carry-out bags 
made of plastic that are exempted in paragraph B available to customers to bag 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"B "toH.P.1115,L.D.1532 
products within the retail establishment other than at the point of sale only if the retail 
establishment: 
(1) Locates inside the retail establishment or within 20 feet of the main entrance 
to the retail establishment a receptacle for collecting any used single-use carry-
out bags made of plastic: and 
(2) Ensures that single-use carry-out bags made of plastic that are collected by 
the retail establishment are recycled or delivered to a person engaged in recycling 
plastics. 
D. 
The prohibition in paragraph A applies only to a retail establishment that is 
located in a participating municipality.' 
Amend the bill in section 2 in § 1611 by striking out all of subsections 3 to 5 (page 3, 
lines 4 to 31 in L.D.) and inserting the following: 
'3. Recycled paper bag fees and reusable plastic bag fees; exemptions. This 
subsection governs fees assessed on recycled paper bags and on reusable bags made of 
plastic. 
A. Except as otherwise provided in this subsection, beginning April 22, 2020 a retail 
establishment may use a recycled paper bag or a reusable bag made of plastic to bag 
products at the point of sale as long as the retail establishment charges a fee of at least 
5¢ per bag. 
(1) All amounts collected pursuant to this paragraph are retained by the retail 
establishment and may be used for any lawful purpose. 
(2) A retail establishment may not rebate or otherwise reimburse a customer any 
portion of the fee charged pursuant to this paragraph. 
B. The requirement to charge a fee under paragraph A does not apply to: 
(1) Stores at which less than 2% of retail sales are attributed to the sale of food 
and that have less than 10,000 square feet ofretail area: 
(2) Restaurants; or 
(3) 
Hunger relief organizations engaged in distributing food directly to 
consumers at no charge. 
C. The requirements in paragraph A apply only to a retail establishment that is 
located in a participating municipality. 
A retail establishment exempt from charging a fee under this paragraph may charge a fee 
for a recycled paper bag or a reusable bag made of plastic. 
4. Violations. A retail establishment that violates a provision of this section is 
subject to civil penalties under section 349. 
5. 
Preemption. 
To ensure maximum effectiveness through uniform statewide 
application, the State intends to occupy the whole field of regulation of single-use carry-
out bags at retail establishments beginning April 22, 2020. A local government may not 
adopt an ordinance regulating single-use carry-out bags at retail establishments and, 
COMMITTEE AMENDMENT 
i.~ 
COMMITTEE AMENDMENT ·:B "to H.P. 1115, L.D. 1532 
beginning April 22, 2020, any ordinance or regulation that violates this subsection is void 
and has no force or effect.' 
SUMMARY 
This amendment is the minority report of the committee. The amendment provides 
that the prohibitions and requirements in the bill, as amended, apply only in a 
participating municipality, which is a municipality that has approved at referendum an 
article subjecting the municipality to the prohibitions and requirements. The amendment 
requires a retail establishment in a participating municipality to charge at least a 5¢ fee 
for each reusable bag made of plastic and for each recycled paper bag used to bag 
products at the point of sale. 
It also clarifies provisions in the bill regarding the 
implementation of the statewide preemption on single-use carry-out bag regulation and 
the provision regarding violations of the bag prohibition and bag fees requirements. It 
makes additional technical changes to clarify the application of existing state law 
regarding plastic bags and removes language in the bill regarding the application of bag 
fees to purchasers using the federal supplemental nutrition assistance program or the 
Women, Infants and Children Special Supplemental Food Program of the United States 
Child Nutrition Act of 1996. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/18/19 :t?ac.. 
LD 1532 
LR2199(03) 
An Act To Eliminate Single-use Plastic Carry-out Bags 
Fiscal Note for Bill as Amended by Committee Amendment ,jj, { H 
~ 3 7 f) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection as a result of new regulations regarding retail 
establishments use of single-use carry-out bags made of plastic and fees charged by retail establishments for the use 
of recycled paper and reusable plastic bags are anticipated to be minor and can be absorbed within existing budgeted 
resources. 
LR2199(03) - Fiscal Note - Page 1 of 1