On September 28, 2024, Senate Bill 707 (SB 707), the Responsible Textile Recovery Act of 2024, was signed into law by Governor Gavin Newsom. This novel legislation establishes the country’s first Extended Producer Responsibility (EPR) textile recycling program.
According to CalRecycle, the state’s Department of Resources Recycling and Recovery, in 2021, 1.2 million tons of textiles were disposed of in California. Despite 95% of textiles being reusable or recyclable, only 15% are currently recycled or reused. This means textiles are now the fastest-growing component of California’s landfills, comprising 3% of total landfilled waste, and the fifth-most common material overall.
SB 707 is designed to reduce the amount of textiles sent to landfills. It will also support the development of upcycling and recycling across California and help address the environmental impacts of “fast fashion” and the “throwaway culture” it has created.
Under its provisions, SB 707 creates a framework for producers and other participants in the value chain to take responsibility for the entire lifecycle of their products and textiles, including repair, recycling, and reuse of garments and fibers. Producers of certain apparel and other textile products will be required to establish a Producer Responsibility Organization (PRO), which will fund statewide programs for reuse, repair, and recycling.
The covered products include a wide variety of clothing items for regular wear, formal occasions and outdoor activities and includes footwear, handbags, backpacks, jackets, coats, swimwear, snow pants, and other garments. Covered textiles include blankets, curtains, fabric window coverings, knitted and woven accessories, towels, tapestries, bedding, tablecloths, napkins, linens, and pillows.
By 2026, the PRO will need to set up collection program sites which may be connected with thrift stores in larger areas and standalone ones in rural areas, begin mail-back programs, or offer other ways to recycle unwanted clothing by 2030. It is anticipated that by 2030, there will be convenient drop-off locations for used textiles across the state that provide the public with a free and simple way to be part of the solution.
The law also calls for brands to emphasize repair and reuse programs, such as by partnering with an organization that repairs branded clothing for resale. The implementation of regulations will have more details on how the repair and reuse aspect of the program will be encouraged. The PRO will be instituting an educational effort and there may be a reduction in the fees paid by the producers that engage in these activities.
To fund the program, producers will also be charged a fee on each item placed into commerce in California. The fee will be “eco-modulated” based on design choices that include reuse, repair, and recycling through reduced fees, while higher fees will be charged to disincentivize products that are difficult to recycle or reuse. The PRO shall consider existing producer collection, repair, reuse, and recycling programs in developing the eco-modulated fee structure. Producers with sales of less than $1,000,000 are excluded from requirements.
There will be recycling options for textiles. Clothes in good condition will probably be resold or recycled after being washed. Damaged or worn garments can be recycled if they are made of wool, cotton or other natural fibers. Some old clothes will be shredded and used to stuff pillows or provide insulation for other products. Mixed fabrics, such as polyester and spandex, can be broken down by a chemical process in which the basic materials are recycled.
SB 707 will require California’s Department of Resources Recycling and Recovery to approve a PRO by March 1, 2026, and adopt regulations implementing the law that will become effective no earlier than July 1, 2028. Producers of covered products are required to join the approved PRO by July 1, 2026. The PRO will need to submit a plan for collection, repair and recycling of such textiles by July 1, 2030.
Addressing discarded apparel has become a focus for many environmental groups and countries. France is one of the countries that already had an EPR program for apparel and textiles and the EU is now considering adopting a regulation.
It is anticipated that other states will follow what California has now put in place. For example, a similar piece of legislation was introduced in the New York State legislature but failed to pass. However, California’s action may now spur New York to act as well as other states. PRINTING United Alliance will continue to monitor and report on any other state that considers similar legislation.
In this article, Gary Jones, Vice President of EHS Affairs, PRINTING United Alliance, addresses environmental legislative issues. More information about the issues can be found at Business Excellence-EHS Affairs or reach out to Gary should you have additional questions specific to how these issues may affect your business: gjones@printing.org.
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