Subject
title
Adoption of an Ordinance to Amend Section 1-8, Entitled “Application of County Law,” of Chapter 1 of the Rockville City Code, Entitled “General Provisions,” to Allow Chapter 48, Solid Waste, Article IX (Plastic Carryout Bag Reduction), Section 48-65 (Short Title), Section 48-66 (Definitions), 48-67 (Plastic Carryout Bag-Prohibited) and Section 40-68 (Penalty and Enforcement) of the Montgomery County Code to Apply in the City of Rockville
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Department
PW - Environmental Management
Recommendation
Staff recommends the Mayor and Council:
1. Receive a brief overview from the Environmental Management Division on the Plastic Carryout Bag Reduction of the “Bring Your Own Bag” law and the Carryout Bag Tax.
2. Introduce the Ordinance amending Chapter 1 of the Rockville City Code to allow, Chapter 48, Solid Waste, Article IX (Plastic Carryout Bag Reduction), Section 48-65 (Short Title), Section 48-66 (Definitions), 48-67 (Plastic Carryout Bag-Prohibited) and Section 48-68 (Penalty and Enforcement) of the Montgomery County Code to apply in the City (Attachment 1).
3. If the Mayor and Council wishes to proceed with adoption of the ordinance at the same meeting, the ordinance should first be introduced and then a motion should be made to waive the layover period. If the motion to waive the layover period is approved by an affirmative vote of six or more members of the Mayor and Council, a motion to adopt the ordinance may then proceed.
Change in Law or Policy
The proposed amendment allows the City to opt into Montgomery County’s plastic carryout bag reduction law; with education, administration and enforcement conducted by Montgomery County Department of Environmental Protection. Attachment 2 includes the relevant excerpts from Montgomery County Bill 24-24 (including amendments of Chapter 48) of the Montgomery County Code. The proposed amendment to Chapter 1 of the Rockville City Code (Attachment 1) allows Montgomery County Code Chapter 48, Solid Waste, Article IX (Plastic Carryout Bag Reduction), Section 48-65 (Short Title), Section 48-66 (Definitions), 48-67 (Plastic Carryout Bag-Prohibited) and Section 40-68 (Penalty and Enforcement) to apply in the city.
Discussion
Overview
Montgomery County Council introduced Bill 24-24, Taxation - Paper Carryout Bags and Prohibition on Plastic Carryout Bags (“Bring Your Own Bag”), on October 15, 2024. The bill was enacted by the County Council and signed by the County Executive in February 2025 (Attachment 2). The bill goes into effect January 1, 2026.
Montgomery County’s Bring Your Own Bag Law (BYOB) involves two key components:
1. Plastic Carryout Bag Reduction (Chapter 48, Sections 65-68): Prohibits plastic carryout bags handed out at the point of sale for most retail establishment, with certain exceptions. Currently, retailers in Rockville are exempt from this portion of the law.
2. Carryout Bag Tax (Chapter 52, Sections 77-79): Increases the existing 5 cent tax levied on paper carryout bags from 5 cents to 10 cents (of which the retailer will keep 5 cents, up from 1 cent), with several exceptions including restaurant carryout food. For municipalities that do not opt-in to the Plastic Carryout Bag Reduction law or enact an ordinance that prohibits single-use plastic carryout bags, the carryout bag tax will be raised to 10 cents for both plastic and paper bags. The retail establishment is then required to collect, exempt, remit, report, and adhere to all County requirements for both paper and plastic bags. Currently, the County’s taxation laws in Chapter 52 automatically apply to retailers in Rockville and retailers will need to comply with this portion of the law on January 1, 2026. Customers using a food assistance program are exempt from this tax. Customers may bring their own bags to carry out purchases to avoid the bag charge.
The proposed ordinance amendment opts in to the Plastic Carryout Bag Reduction sections of the BYOB law so that the full law can be consistently applied in Rockville and Montgomery County. Opting in to this program to reduce plastic carryout bags is consistent with Rockville’s values of environmental stewardship, and the actions in the Climate Action Plan, the stormwater program, and the Comprehensive Plan. The BYOB law reduces the prevalence of plastic bags and permits retailers to keep half of the revenue to help them comply with reporting and remitting the taxes to the County. If the City adopts the ordinance “as-is”, without making any changes, the County will include Rockville in their program outreach, education, administration, and enforcement. This approach will save the City resources and avoids duplicating the time, resources and costs to develop and staff a new program. Additionally, opting-in by the January 1, 2026 effective date will reduce confusion among consumers and retailers and facilitate smoother adoption.
Law Details
For the BYOB law to apply in Rockville, the City would need to opt in to that section of the County’s code (Chapter 48, Sections 48-65, 48-66, 48-67, 48-68). The main changes associated with the plastic carryout bag reduction and carryout bag tax include the following:
1. Plastic Carryout Bag Reduction (Chapter 48, Sections 65-68)
a. Plastic bags would not be provided to customers at most retail establishments, except for the following exemptions:
• a plastic bag provided by a pharmacist that contains a prescription drug
• any newspaper bag or bag intended for garbage, pet waste, or yard waste
• a bag provided at the point of sale at seasonal event, such as an occasional farmer’s market, a full-time retail operation located on a farm, a street fair, a yard sale
• a bag used to package bulk items, including fruit, vegetables, nuts, grains, candy, ice, or small hardware items
• a bag that contains hanging garments or dry-cleaned clothes, including suits, jackets, or dresses
• a bag or plastic bag sleeve used to contain or wrap a perishable item, including meat or fish, or unwrapped prepared foods or bakery goods
• a bag used to take live fish, insects, mollusks, crustaceans, or amphibians away from the retail establishment
• a bag used to package items for the purpose of charitable food distribution.
b. Definition of reusable bag: Reusable carryout bags are allowed and are defined as having “stitched handles specifically designed and manufactured for multiple reuses and is made of cloth or other washable fabric, or a durable material suitable for multiple re-use that is not made of plastic film.” These requirements ensure that reusable bags offered for sale at retail establishments are high quality, truly reusable, and not just thicker plastic film with glued or fused handles. This is the same definition that Prince George’s, Anne Arundel, and Baltimore Counties, Frederick and Annapolis adopted based on their experience following the implementation of similar legislation.
c. Violations: Under Montgomery County enforcement provisions, violations will result in a Class B citation after a written notice and 7-day correction period, with penalties of $100 for initial violations and $150 for repeated offenses.
2. Carryout Bag Tax (Chapter 52, Sections 77-79)
a. An increase in the bag tax on paper bags from 5 cents to 10 cents, except for the following exemptions. The increase in tax on paper bags from 5 to 10 cents serves to encourage shoppers to bring their own bag or not use a bag. 5 cents of the bag tax is provided to the vendor to reimburse them for the costs of running the program. The revenues collected from the bag tax are deposited into the County’s Water Quality Protection Charge fund, which is used for County environmental programs, anti-litter programs, stormwater management, and other watershed restoration initiatives.
Exemptions from the paper bag carryout fee include:
• customers purchasing items with food assistance such as SNAP or WIC are exempt from the bag fee
• a paper bag provided by a pharmacist that contains a prescription drug
• a paper bag used to take live fish, insects, mollusks, or crustaceans away from a retail establishment
• a paper bag that a restaurant gives a customer to take prepared or leftover food or drink from a restaurant
• a paper bag containing prepared food provided at the drive-through window of a restaurant
• a paper bag provided at a mobile food truck that contains prepared food
• a paper bag provided for food delivery that is collected by a third-party delivery service to carry the purchased item
• any paper bag intended for garbage, pet waste, or yard waste
• a bag used to package bulk items, including fruit, vegetables, nuts, grains, candy, ice, or small hardware items
• a bag that contains hanging garments or dry-cleaned clothes, including suits, jackets, or dresses
• a bag or paper bag sleeve used to contain or wrap a perishable item, including meat or fish, or unwrapped prepared foods or bakery goods
• a bag provided at the point of sale at seasonal event, such as an occasional farmer’s market, a full-time retail operation located on a farm, a street fair, a yard sale
• a bag used to package items for the purpose of charitable food distribution
b. Retailer Requirements: Under the law, a retailer must:
• Post a notice that advises customers to bring reusable carryout bags or to skip the bag, but if a paper carryout bag is provided by the retailer the bag is subject to the 10-cent tax
• Allowed to retain the 5 cents out of the 10-cent tax to cover implementation costs
• Remit the taxes collected to the County every quarter
• Comply with reporting requirements
Purpose and Need for the BYOB Law
Rockville shoppers have made progress reducing disposable carryout bag use since the original 5 cent tax was implemented in 2012, but more progress can be achieved. In a 2019 survey of 1,278 shoppers at 8 Rockville grocery stores, more than 62 percent of residents already brought their own tote bag or did not use a bag. Still, 38 percent used disposable plastic or paper bags. Plastic bags in circulation from commercial areas still make their way into Rockville streams and parks. Plastic film bags are harmful for the environment due the pollution created by their manufacture, by recycling, and disposal. As retail bags travel to their destination, their light weight means that there is opportunity for wind to carry them into nearby natural areas and end up in waterways, contributing to poor water quality and leading to microplastics in the environment.
Furthermore, plastic bags are often mistakenly placed in residential curbside recycling bins which can contaminate the quality of recycling collections and get caught in machinery. Furthermore, only a small percentage of plastic bags placed in “recycling” receptacles outside retail stores are actually recycled due to costs and technical challenges.
A stronger, hybrid Bring Your Own Bag policy can address these issues more effectively with minimal drawbacks. Often using a bag for small purchases isn’t necessary (using purse, backpack, pocket, or hand carry) and many shoppers are already accustomed to bringing their own reusable bags. Paper bags are still available for people who need them. Many outlets offer reusable bags for purchase.
Jurisdiction Comparison
Gaithersburg and Rockville are now considering opting in to the BYOB Law. Takoma Park adopted its own plastic bag ban in 2016. Many other jurisdictions in Maryland have adopted carryout bag taxes, fees, bans or hybrid legislation as shown in Table 1 to protect the environment and public health.
Table 1. Maryland Jurisdictions with Carryout Bag Taxes, Fees, Bans, and Hybrid Policies
|
Policy |
Jurisdiction (Year in Effect) |
Fee |
|
Tax on plastic and paper carryout bags |
Montgomery County (2012-2025, changes to hybrid in 2026) |
5 cent tax |
|
Tax on plastic carryout bags |
Howard County (2020) |
5 cent tax |
|
Ban on plastic carryout bags |
Chestertown (2012) Takoma Park (2016) Westminter (2021) Frederick (2024) |
None |
|
“Hybrid” Bring Your Own Bag Bill: • Ban on plastic carryout bags • Charge (retained by the store) or tax (partially or fully retained by government) on other bags |
Baltimore City (2021) |
5 cent tax |
|
• |
Montgomery County (2026) |
10 cent tax |
|
|
Baltimore County (2023) |
Minimum 5 cent charge |
|
|
Easton (2023) Salisbury (2023) College Park (2023) Greenbelt (2024) Anne Arundel County (2024) Prince George’s County (2024) Laurel (2024) Centreville (2024) Annapolis (2025) |
Minimum 10 cent charge |
Impact Statements
Equity
The Bring Your Own Bag Law improves the quality of the environment in all areas and especially trash-prone areas such as neighborhoods near commercial activity. Residents using WIC or SNAP are exempt from the tax on paper bags. The City distributes approximately 800 reusable bags annually for the Holiday Drive which reaches low-income residents.
Environment
The proposed BYOB amendment supports Climate Action Plan category “Materials and Waste” which aims to: “Manage solid waste by reducing, reusing, recycling, composting, and sustainable purchasing”, and aligns with Action C-19 Expand residential recycling and waste reduction outreach program to increase compliance and waste diversion. The proposed amendment also aligns with the City’s litter reduction goals which are part of the stormwater program. The BYOB law will lessen the amount of plastics and microplastics entering the environment from Rockville retail bags. The amendment is consistent with the Comprehensive Plan: Action 8.7 Encourage ‘green’ purchasing, waste reduction, and recycling at all levels, including City facilities and events and in commercial establishments.
Economy
The Bring Your Own Bag Law is expected to have a modest effect on businesses which is offset by the revenues. The County is expecting to lose revenue due to the reduction in bag purchases expected and higher costs to administer. Consumers may pay more if they choose to use paper bags, with several other options including skipping a bag or bringing reusable bags available.
Boards and Commissions Review
The Environment Commission (Commission) discussed Montgomery County’s Bring Your Own Bag Law at their July 10, 2025, meeting. After receiving a presentation from representatives from the Montgomery County chapter of the Sierra Club on the law and discussing with staff, the Commission voted unanimously to recommend Mayor and Council adoption.
Mayor and Council History
This is the first time this item has come before the Mayor and Council. The Mayor and Council has previously approved opting into other Montgomery County solid waste programs, including business and multi-family recycling and the prohibition on use of expanded polystyrene food service products and requirement for compostable or recyclable disposable serviceware. Additionally, the Mayor and Council approved a waste reduction-related ban of single use plastic straws effective 2018.
Public Notification and Engagement
Montgomery County conducted extensive public outreach and engagement on the Bring Your Own Bag bill while being developed and proposed. The County held a public hearing on January 14, 2024 which heard oral testimony from 24 speakers and received 12 pieces of written testimony. Some submitted suggested amendments, several of which were ultimately included. Proponents noted that 88% of Maryland voters support policies aimed at reducing plastic waste. Many said that the bill would lower the amount of plastic pollution in waterways and reduce microplastics in the environment. At its February 3, 2024 meeting, the County’s Transportation and Environment Committee unanimously recommended adoption with several amendments to strengthen it.
Montgomery County currently coordinates with businesses and restaurants to comply with the requirements. The County is conducting a broad-based public education campaign to inform Montgomery County businesses and residents about the bag law. The County is providing materials to retailers that advertise the bag law for use in stores and at cash registers (such as decals, posters and notices). The County is also conducting a free bag distribution program to lower income households. The goal of the outreach is to help ensure that residents and retailers are fully informed about the law.
By opting into Montgomery County’s program, the County will extend public education to Rockville residents and businesses at no cost to the city.
Next Steps
The Mayor and Council may choose to act on the Environment Commission’s recommendation to opt into the Montgomery County plastic carryout bag reduction program by introducing the proposed amendment, waiving the layover period, and adopting the proposed ordinance (Attachment 1). If the Mayor and Council introduce the ordinance but not adopt, they may direct staff to schedule Discussion and Instruction and/or a Public Hearing at a future meeting date.