The law covers a wide range of clothing but excludes carpet and mattresses, which are covered by other EPR programs in California. | Natali-Ximich/Shutterstock
California has become the first state to approve extended producer responsibility for textiles, after Gov. Gavin Newsom signed legislation enacting the program.
According to the U.N., about 60% of clothing produced globally is made from plastic, including polyester, acrylic and nylon textiles.
Like most EPR programs, SB 707, or the Responsible Textile Recovery Act of 2024, requires producers of apparel or textile articles to form a producer responsibility organization to carry out the requirements of the law. Those include a needs assessment, setting and collecting eco-modulated fees from producers – which are meant to incentivize easily recyclable or repairable design choices – and setting and meeting target metrics.
“The bill would require the PRO to submit to the department, for approval or disapproval, a complete plan for the collection, transportation, repair, sorting and recycling, and the safe and proper management, of apparel and textile articles in the state,” according to the bill text.
Covered apparel includes “clothing and accessory items intended for regular wear or formal occasions and outdoor activities,” the law states, such as undergarments, everyday clothing, athletic clothing, business suits, formalwear, handbags, backpacks, outerwear, knitted and woven accessories and work uniforms.
It excludes personal protective equipment; clothing and PPE made for use by the U.S. military; some reusable products, such as cloth diapers and cloth menstrual pads; products covered by the state’s mattress and carpet EPR programs; and window coverings.
In addition, sellers who only handle covered products secondhand are not considered producers under the law.
The Product Stewardship Institute, which supported the law’s passage, noted in a press release that “although textile recycling is new to the U.S., programs have been operating worldwide for years.”
“The fashion industry is one of the world’s worst polluting industries, accounting for 10% of global carbon dioxide emissions, according to the European Environment Agency,” the press release stated. “Textiles decomposing in landfills emit high levels of methane gas, a potent greenhouse gas that contributes to global warming. Additionally, dyes and other chemical additives from textiles can leach into the soil and contaminate groundwater.”
The trade group Secondary Materials and Recycled Textiles estimates that 95% of textiles today are either reusable or recyclable, PSI noted, but only about 15% are actually reused or recycled, according to the U.S. Environmental Protection Agency.
As far as online retailers, the law requires online marketplaces – for example, Amazon – to notify the state and PRO of all third-party sellers on their platforms that make more than $1 million in apparel or textile sales per year in California.
“Due to distinct market elements associated with the textile and apparel industry that can utilize direct-to-consumer transactions from an overseas manufacturer to a consumer, the provisions of this chapter associated with online marketplaces are intended to be unique to this sector,” the law text added.
Prospective PROs must apply to the Department of Resources Recycling and Recovery, known as CalRecycle, by Jan. 1, 2026, with CalRecycle choosing a PRO by March 1 of that year and all covered producers required to join the PRO by July 1. CalRecycle must adopt regulations for SB 707 with an effective date no earlier than July 1, 2028. The program is expected to be running in 2030, after Newsom signed it into law on Sept. 28.
Starting in 2035, CalRecycle can approve additional PROs, if deemed “beneficial in satisfying the requirements of this chapter.”
A version of this story appeared in Resource Recycling News on Oct. 8