An Act To Remove the Plastic Bag Ban
Maine Legislature, Session 130, LD 0039
Committee Amendment CA_A_S42 (Senate)
Amends: 38 MRSA §1611

COMMITTEE AMENDMENT" 1\ "to S.P. 47, L.D. 39, "An Act To Remove the 
Plastic Bag Ban" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide for Local Control with Respect to the Regulation of Plastic Bags' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA §1611, sub-§2, ljfA, as enacted by PL 2019, c. 346, §2, is 
amended to read: 
A. Except as otherwise provided in this subsection or subsection 5, beginning April 
22, 2020, a retail establishment may not provide a single-use carry-out bag to a 
customer at the point of sale or otherwise make single-use carry-out bags available to 
customers. 
Sec. 2. 38 MRSA §1611, sub-§3, ljfA, as amended by PL 2019, c. 617, Pt. J, §1, is 
fmiher amended to read: 
A. Beginning Except as provided in subsection 5, beginning January 15, 2021 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. 
Sec. 3. 38 MRSA §1611, sub-§5, as amended by PL 2019, c. 617, Pt. J, §2, is 
repealed and the following enacted in its place: 
5. Preemption; local opt-out. Except as provided in paragraph B, to ensure maximum 
effectiveness through uniform statewide application, the State intends to occupy the whole 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A ,, to S.P. 47, L.D. 39 c51-0 
field of regulation of single-use cany-out bags at retail establishments beginning January 
15, 2021. 
A. Except as provided in paragraph B, a local government may not adopt an ordinance 
regulating single-use carry-out bags at retail establishments and, beginning January 15, 
2021, any ordinance or regulation that violates this subsection is void and has no force 
or effect. 
B. A local government may adopt an ordinance to exempt from all requirements of 
this section the use and provision of single-use cany-out bags and recycled paper bags 
by retail establishments, except that such an ordinance may not otherwise regulate the 
use and provision of such bags by retail establishments.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, changes the title of 
and replaces the bill. It amends the law regulating single-use carry-out bags at retail 
establishments to authorize local governments to adopt ordinances exempting from all 
requirements of that law the use and provision of single-use carry-out bags and recycled 
paper bags by retail establishments as long as those ordinances do not otherwise regulate 
the use and provision of such bags by retail establishments. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
A roved: 03/09/21 frac. 
LD39 
LR 539(02) 
An Act To Remove the Plastic Bag Ban 
Fiscal Note for Bill as Amended by Committee Amendment '~'l.S -Ai'?.,\ 
Committee: Environment and Natural Resources 
:J 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection as a result of authorizing local governments to 
adopt ordinances regarding single-use cany-out bags made of plastic are anticipated to be minor and can be absorbed 
within existing budgeted resources. 
LR0539(02) - Fiscal Note - Page 1 of 1