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Prince George's delegates hold bag-fee bill after questions on whether county can retain and dedicate fees
Summary
Delegates agreed to hold PG 4-03 (HB 408) to draft an amendment clarifying whether the county may retain part of a bag fee and to specify permissible uses, after county staff cited Attorney General guidance limiting permissible uses of such fees.
The Prince George's County House Delegation's County Affairs Committee agreed to hold PG 4-03 (HB 408) for one week to allow staff to draft clarifying amendments and to obtain a controller opinion on the bill's fiscal and legal implications.
Miss Michael summarized PG 4-03, explaining the bill would authorize Prince George's County, if it enacted a local fee on single-use or reusable bags, to retain up to 10¢ of that fee and—per the bill draft—direct any funds collected to the county general fund. Delegates raised questions about whether other counties use this model and whether a county controller or the Attorney General has issued guidance limiting the use of such revenues.
Mister Cooper, representing the county executive's team, said other jurisdictions have fee-sharing models and described examples: Montgomery County retains most of a capped fee (with a small portion to retailers) while Howard County has a different split. Cooper said Attorney General guidance caps retained amounts and restricts permissible uses, noting that fees, because they are capped, generally must be dedicated to environmental cleanup, public education on reusable bags, or administration of the bag program and cannot be deposited to the general fund.
Speaker Pena Melnick asked directly whether the counties that retain a share dedicate the money to environmental purposes, noting that if the retained funds went to the general fund they would not necessarily be used for environmental cleanup. Cooper and other speakers said the bill's current language is not sufficiently detailed and suggested a possible amendment to specify how the retained fee would be used.
Delegates asked staff to obtain an opinion from the county controller and to incorporate language in an amendment that prescribes the permissible uses of any retained fee. The committee paused action and will revisit the bill after staff prepares proposed amendments and legal/fiscal guidance.
Next steps: Miss Michael and county staff will draft the amendment clarifying allowable uses and coordinate with delegates; the bill will be taken up again once those materials are available.
