The Progress of SB-707 Responsible Textile Recovery Act and Its Impact on the Fashion Industry
The fashion industry has long been grappling with the issue of textile waste, which poses a significant burden on the environment and communities. In response to this pressing problem, Senators Josh Newman, Nancy Skinner and Scott Wiener, introduced Senate Bill 707 (SB-707) in February 2023. The proposed bill, known as the Responsible Textile Recovery Act, aims to hold apparel producers accountable for the collection and recycling of their products. This is a first of its kind to make brands accountable to their products after they are sold and used. This blog post delves into the implications of SB-707 for the fashion industry and explores the potential benefits of implementing this act.
Addressing Textile Waste through Extended Producer Responsibility
Textile waste is a big problem in California as more and more people buy fast fashion and rapidly dispose of it. According to a CalRecycle’s 2020 report, apparel and textile is the sixth most prevalent material thrown away from single family residences in 2018. In the same year, Californians disposed of approximately 1.2 million metric tons of textiles. Brands have had a long time to take action and reduce on their own, but time has come for them to literally clean up their mess and to be held accountable to take action towards fashion waste.
SB-707 is a bill supported by the California Product Stewardship Council, and is currently in assembly and held at deck. This act would encourage Californians to become part of a system that would sort and recycle products that can't be sold or used anymore by establishing an Extended Producer Responsibility (EPR) program. This program would focus on apparel, textiles, and textile articles from apparel producers that would be required to develop a stewardship program for the collection and recycling of their products.
The bill introduces the concept of a program operator to oversee the implementation of a stewardship program. While the exact entity or organization responsible for this role is not specified, the bill designates the Department of Resources Recycling and Recovery as the governing body. Program operators, either independently or through stewardship organizations, would first submit a comprehensive stewardship plan to the department. These plans would then be reviewed every five years, ensuring periodic evaluation and adaptation to evolving circumstances. Additionally, program operators would be required to submit annual reports to the department, promoting transparency and accountability.
Implications and Enforcement of SB-707
To ensure compliance, all reports and records from program operators provided to the department would be submitted under penalty of perjury. This provision emphasizes the seriousness of adhering to the program requirements. The department would then be tasked with maintaining a list of compliant producers on its website, facilitating public awareness and promoting responsible practices within the fashion industry.
The penalty for non-compliance with the program's requirements would be maximum daily fines set at $10,000, and $50,000 for intentional or reckless violations. These penalties would serve to incentivize apparel producers to adhere to stipulated guidelines and actively participate in the stewardship program.
SB-707 would also establish the Textile Stewardship Recovery Fund, which would receive fees paid by program operators. The funds collected will be allocated to the Department of Resources Recycling and Recovery to cover the costs associated with program implementation and enforcement.
Looking Ahead Towards SB-707
If SB-707 becomes law, it will have far-reaching implications for the fashion industry, not only in California but also beyond state borders. Apparel producers would be compelled to take responsibility for the entire lifecycle of their products, from production to disposal. The implementation of an EPR program would be a driver for innovation in textile design, foster the development of sustainable practices, and significantly reduce the environmental impact of the fashion industry. It also isn’t a far stretch from similar Californian laws that regulate the management, disposal and recycling of solid waste and the stewardship programs for products, which include sharp waste, pharmaceuticals and mattresses.
A letter recently penned to Assembly member Luz M Rivas by The American Apparel and Footwear Association, American Circular Textiles and Accelerating Circularity Inc explained their vested interest in the success of SB-707 and to establish the nation's first ever Extended Producer Responsibility program. They recommended that SB-707 be extended as a two-year bill in order to allow ample time for studying and gaining insights from California's existing pilot textiles Extended Producer Responsibility program, which was implemented last year. Additionally, they emphasized the importance of observing the ongoing initiatives in the European Union to establish a textiles Extended Producer Responsibility program.
However, an oppositional letter contended that there are still uncertainties and apprehensions regarding the ability of SB 707 to effectively facilitate circularity efforts. Specifically, they raised questions and expressed concerns about the scope and operational aspects of the bill, which include the following:
How reuse and recycling infrastructure and markets will be better supported, from both a consumer and business perspective
Where the products and materials will be resold for reuse and recycling, and how market demand and infrastructure will be built and supported
How the PRO system will allow existing businesses, for profit and non-profit alike, to participate while aggregating materials sufficiently
Clarity on guidelines with regards to product safety, sorting and material handling
Clarity around brand and retailer responsibility and liability
Leveraging data to create a needs assessment based on completed pilots to inform success at scale
How businesses that ship directly to California consumers from but do not have operations in the state will participate.
Despite grappling and uncertainty, progress and the potential enactment of the Responsible Textile Recovery Act signal a paradigm shift in the fashion industry. By placing the onus on apparel producers to manage their products' end-of-life phase, this legislation would address the pressing issue of textile waste. And the introduction of an EPR program has the potential to pave the way for a more sustainable and responsible fashion industry, benefiting the environment, communities, and future generations.