House committee hears bill to restore local authority over single-use auxiliary containers after statewide 'ban on bans'

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…