Environment

Calif. is first state to require producers to run clothing recycling program

They must fund an industry-run organization charged with the collection, sorting, reuse, repair and recycling of post-consumer textiles.
Trash is unloaded at the Otay Landfill in Chula Vista, Calif., on Friday, Jan. 26, 2024. (AP Photo/Damian Dovarganes)

California Gov. Gavin Newsom (D) signed a recycling bill that makes the state the first to require textile producers and others in the retail chain responsible for the entire lifecycle of their products.

Textiles emit greenhouse gases and pollute the environment when they end up in landfills. It’s an increasingly concerning issue enhanced by the rise of “fast fashion” — quickly and cheaply produced clothing often thrown away after a few wears.

Under the new law, producers that sell textiles in the state — including clothing, footwear and hospitality items — will be required to fund an industry-run producer responsibility organization charged with the collection, sorting, reuse, repair and recycling of post-consumer textiles.

“It will have a major positive impact on California’s environment and communities,” Sen. Josh Newman (D), the bill’s author, said in a statement. “SB 707 isn’t just about recycling; it’s about transforming the way we think about textile waste.”

In 2021, approximately 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, according to the National Institute of Standards and Technology.

Textiles decomposing in landfills emit high levels of methane, a potent greenhouse gas that contributes to global warming. Dyes and other chemical additives from textiles can leach into the soil and contaminate groundwater.

With the new law, producer responsibility organizations must create accessible textile collection points throughout the state, including retail take-back programs and other convenient drop-off sites, to make it easy for all Californians to participate. All producers of covered products must join a producer responsibility organization approved by the California Department of Resources Recycling and Recovery by July 1, 2026, with the program expected to be in operation by January 1, 2030.

The bill was supported by H&M Group, Ikea, Marmot, Circ Inc., and other brands. It was also championed by the California Product Stewardship Council and the Product Stewardship Institute, a nonprofit that advocates for passing extended producer responsibility laws that put the onus on producers for the end-of-life management of a product.

States are increasingly enacting legislation to establish recycling and disposal for products that pollute the environment and are costly to put in landfills. According to the Product Stewardship Institute, 139 laws have been enacted in 33 states regulating 19 products.

Those products include batteries, propane tanks, packaging and paint. Extended producer responsibility laws help protect the environment by inviting producers to contemplate what happens to their products once they reach the end of their useful life.

Newsom also signed a bill expanding an existing PaintCare program, the state’s flagship extended producer responsibility program for paint. The program was signed into law in 2012, but the kinds of paints it could dispose of was limited. For example, aerosol can paint was only included by a law enacted last year.

The new law, introduced by Sen. Ben Allen (D), expands PaintCare’s efforts to cover every type of paint available to consumers, including arts and craft paint, furniture oil and paint, and other specialty paints and solvents.

“PaintCare has demonstrated its ability over the years to responsibly manage millions of gallons of unused paint on behalf of consumers,” Allen said in a statement. “The success of their effort has relieved waste management costs on local governments and protected our environment from hazardous products.”

Newsom vetoed a third bill, also introduced by Allen, that would have established an electric vehicle battery recycling program. Under the measure, the Department of Toxic Substances Control would set rules, oversee and manage the program for electric vehicle battery producers.

The governor lauded the bill’s goal but recommended that it create a producer responsibility organization, similar to the textile law, rather than have the state agency manage the program.

“I agree with the intent of this bill and the need to responsibly manufacture, recycle, and reuse EV batteries,” Newsom said in his veto message. “However, this legislation places a significant burden on DTSC to implement the policy, instead of building on the success of existing producer responsibility models. I encourage the author to continue working with stakeholders to explore if a producer responsibility organization would yield more equilibrium among public agencies and industry in sharing the administrative burden required by this policy.”

A new version of the bill will likely be considered next year.

“We would like to reintroduce the bill and are looking to meet with the Department [of Toxic Substances Control] and others to chart out the best path forward,” Allen spokesman Ben Cheever said.