Representative Ed Staffman (D–House District 59) told the House Local Government Committee that House Bill 160 would repeal a set of statutory provisions enacted in recent sessions that prohibit local regulation of "auxiliary containers" and restrict citizen initiatives on the topic. "The question is who gets to decide?" Staffman said, arguing the bill restores local decision-making on single-use bags, foam food containers and similar items.

Why it matters: proponents said the legislation would return power to municipalities and local voters to address plastics and similar disposable containers where local officials and residents deem it appropriate. Opponents said a uniform statewide standard protects small businesses and ensures regulatory continuity.

What the sponsor proposed: Staffman asked the committee to repeal several statutory lines (as cited in the hearing: 71‑1‑111; 75‑131 subf; and 71‑1‑121 in committee materials) and to overturn what sponsors described as the 2021 "ban on bans" (House Bill 407). He noted litigation stemming from Bozeman's initiative: a district court judge initially ruled a prohibition on citizen initiatives was unconstitutional, enabling Bozeman voters in November to adopt an ordinance that would ban single‑use carryout bags, limit polystyrene food containers and require straws on request; the Montana Supreme Court later reversed that district court finding on the initiative question and the city ordinance is currently in legal limbo, Staffman said. A separate district court claim alleging infringement of the right to a clean and healthful environment remains pending.

Supporters' arguments and testimony: more than two dozen proponents told the committee they back HB160 as a matter of local control and environmental or public-health protection. Organizations and officials speaking in favor included the Montana League of Cities and Towns (Thomas Jodin), Montana Conservation Voters, Montana Environmental Information Center, the City of Bozeman mayor (Terry Cunningham) and a representative of the City of Missoula (Lee Ratterman). Witnesses cited ballot results in Bozeman — the sponsor gave a figure of 18,819 votes in favor, roughly 63% — and research about plastics' prevalence and human-health concerns. Thomas Jodin, legal services director for the League of Cities and Towns, framed the bill as restoring local decision-making: "With this ban in place, local government cities and towns are not free to regulate and manage one of their most essential services, which is solid waste," he said.

Opponents' arguments: trade and small‑business groups urged the committee to reject the repeal, saying uniformity across the state prevents regulatory patchwork that could burden small businesses. Brad Longcake, representing the Montana Petroleum Marketers and Convenience Store Association, asked the committee to consider continuity and the many materials included in the statutory definition of "auxiliary container," which on the statute's face covers reusable and single‑use cups, bags, bottles, utensils and multi‑layer substrates of paper, plastic, foamed plastic and other materials. Rhonda Wiggers of the National Federation of Independent Businesses said additional local rules could increase costs for small businesses.

Committee exchange and clarifications: members asked about the breadth of the statutory definition of "auxiliary container" and whether the local initiatives seen in Bozeman would be broader or narrower than the code definition. Brad Longcake read the statutory definition for the committee (as provided in testimony: Montana Annotated Code 7‑1‑121(4)(a)). Representative Gist and others asked whether market alternatives (for example, compostable or plant‑based packaging) are available; testimony from Eco Montana and other vendors said alternatives exist and some Montana suppliers already sell compostable items.

Outcome and next steps: the committee held a lengthy public hearing with many witnesses for and against HB160. No committee vote was taken on the day recorded in the transcript. Sponsor Staffman urged passage to restore local control and to avoid further litigation over citizens' right to place initiatives on ballots.

Ending: The hearing closed after extensive testimony; committee action was deferred for a later meeting.