California Responsible Textile Recovery Act of 2024

USA

Governmental Agency: Department of Resources Recycling and Recovery (CalRecycle)
Jurisdiction: California, USA
Ref no: SB 707
Status: ADOPTED

The Responsible Textile Recovery Act of 2024 was first introduced as The Responsible Textile Recovery Act of 2023 in February 2023 by Senators Josh Newman, Nancy Skinner and Scott Wiener. It passed out of the Senate floor on May 31, 2023. The bill proposed the establishment of Extended Producer Responsibility (EPR) for apparel, textiles, and textile items, similar to the already existing Californian Integrated Waste Management Act of 1989. This would reduce textile landfill waste and environmental harm by placing a shared responsibility for end-of-life product management on the producers and other entities involved in a product’s value chain. The bill also aims to enhance recycling and increase reuse, by helping the money flow to organizations and businesses who are actively dealing with textiles waste.

As amended in 2024, the bill would require a producer of apparel or textiles to form and join a producer responsibility organization (PRO) which must be approved by the department pursuant to the requirements of the bill. The department would need to adopt regulations to start the program no earlier than January 1, 2028. The PRO must submit a complete plan to the department for the collection, transportation, repair, sorting, recycling, and the safe and proper management of apparel and textile articles in the state. It must also address PFAS and other chemicals banned in California in the recycling process.

  • The tiered definition of producer (who is responsible for paying for the product's next-life solution) includes brands, then retailers, then importers within the state.

    Online marketplaces must also notify CalRecycle of the third-party sellers on their platforms that are covered by the bill—those that sell $1 million per year of covered goods into the state. They also are responsible for communicating obligations to their third-party sellers.

    Once the department approves the bill or starting January 1, 2030 (whichever is earlier), the producer would be prohibited from selling, offering for sale, importing, or distributing apparel or textiles in or into the state, unless they are a participant of a PRO, the department has approved the plan, and other criteria are met.

    If producers do not comply, they could be facing penalties of up to $10,000 a day, or up to $50,000 a day for “intentionally, knowingly, or recklessly” violating their stewardship program.

    Businesses and organizations already involved in the repair, reuse, recycling, collection and sorting of textiles can expect to receive support, and potentially investment, to help them process post-consumer textile waste. In particular, thrift stores and clothing collectors will be further utilized as collection sites, and be part of an integrated system for sorting and ultimately recycling used textiles that cannot be reused or resold.

    The bill calls for the PRO to establish a structure for "eco-modulated" fees to reward good environmental stewardship—so that a brand already implementing a take-back program, for example, could see its fees to the program reduced.

  • On September 28, Governor Newsom signed the bill into law, making California the first state in the nation to establish an extended producer responsibility program for fashion and textiles.

    “By 2030, convenient drop-off locations for used textiles across the state will provide everyone with a free and simple way to be part of the solution,” the Governor said in a statement. “California is again at the forefront of innovation, proving we can lead the way in creating a circular and sustainable textile economy that benefits everyone.”

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