California has just enacted the first statewide “extended producer responsibility” (EPR) law addressed to “apparel” and “textile articles” (“Responsible Textile Recovery Act of 2024” (SB 707, Newman). SB 707 will require manufacturers of targeted materials to ensure their recovery and recycling. California’s new program will be administered by the state Department of Resources Recycling and Recovery (CalRecycle), which oversees solid waste management (including recycling and other EPR programs) in the state. The EPR approach to recycling – also called “product stewardship” –has been extending to new waste streams in recent years; the national advocacy group Product Stewardship Institute identifies 141 such programs spread among 33 US states (I provide an overview of these US state efforts HERE). The remainder of this note summarizes this new law.
What is “extended producer responsibility”?
SB 707’s preamble states the intent to create an EPR program, but the legislation does not define the term (nor do California’s other EPR program laws or regulations, which address batteries, carpet, mattresses, packaging, paint, and pharmaceuticals and sharps). Working definitions in other jurisdictions vary. For example, the multinational Organization for Economic Cooperation and Development (OECD) EPR website offers
“Extended producer responsibility is a policy approach that makes producers responsible for their products along the entire lifecycle, including at the post-consumer stage. By doing so, it helps achieve environmental goals such as recycling targets. At the same time, EPR generates funding from producers that help to pay for the collection, sorting and recycling of waste products, as well as generates detailed information on production, products, waste generation and treatment.”
The focus on manufacturers is designed to reduce post-use obligations for the consumers themselves, and for governmental agencies responsible for waste management.
What will California’s new law require?
SB 707 uses “product stewardship” terminology, extending post-consumer responsibilities for producers of packaging materials sold in the state.
Which “apparel” and “textile article” are subject to SB 707?
SB 707 adopts the following definition of “apparel:
“(a)(1) ’Apparel’ means clothing and accessory items intended for regular wear or formal occasions and outdoor activities. For purposes of this chapter “apparel” includes only undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, swimwear, formal wear, onesies, bibs, footwear, handbags, backpacks, knitted and woven accessories, jackets, coats, snow pants, ski pants, and everyday uniforms for workwear.
(2) ‘Apparel’ does not include any of the following:
(A) Personal protective equipment [PPE] or clothing items for use by the United States military.
(B) Personal protective equipment worn to protect the wearer from health or environmental hazards.
(C) Reusable products designed to collect and absorb urine and feces, or reusable products regulated by the United States Food and Drug Administration that are designed to collect and absorb menstruation or vaginal discharge.
Employers should note that “everyday uniforms for workwear” are included, but most PPE is excluded.
SB 707 also adopts the following definition of “textile article”:
“(ae)(1) ‘Textile article’ means an item customarily used in households or businesses that are made entirely or primarily from a natural, artificial, or synthetic fiber, yarn, or fabric. For purposes of this chapter, ‘textile article’ includes only blankets, curtains, fabric window coverings, knitted and woven accessories, towels, tapestries, bedding, tablecloths, napkins, linens, and pillows.
(2) ‘Textile article’ does not include single-use products including paper towels, paper napkins, toilet paper, facial tissue, and wet or dry wipes.
The statute refers collectively to apparel and textile articles as “covered apparel,” and excludes from that definition materials already subject to California’s existing EPR programs for carpets, electronic waste, and mattresses, as well as window coverings (such as shades).
Who is a “producer” subject to the law?
SB 707 provides a broad definition of “producer” in order to capture as much material as possible:
“(s)(1) ‘Producer’ means a person who manufactures a covered product and who owns or is the licensee of the brand or trademark under which that covered product is sold, offered for sale, or distributed for sale in or into the state.
(2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered product is the owner of a brand or trademark [under which a covered product is sold in the state] …’
(3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), then the producer of the covered product is the [importer].
(4) If there is no other person in the state who is the producer for purposes of paragraphs (1), (2), or (3), the producer of the covered product is the distributor, retailer, or wholesaler who sells the product in or into the state.
(5) For the purposes of this chapter, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered to the consumer in the state.
(6) This chapter does not prohibit a person who [qualifies as a “producer” from assuming the duties of other parties in the supply chain that also qualify].
(7) ‘Producer does not include a seller that only sells secondhand covered products.
(8) “Producer” does not include a seller with less than one million dollars ($1,000,000) in annual aggregate global turnover adjusted annually [for inflation as specified].
This broad definition is intended to capture all entities in a supply chain, except small ones and resellers.
How will a “producer responsibility organization” (PRO) be assigned?
SB 707 directs producers to form and join a “producer responsibility organization (PRO).” The term is defined functionally, as “[a tax-exempt organization] formed for the purpose of implementing a plan to meet the requirements of this [law], and is approved by [CalRecycle].” The following schedule applies:
- By 1/1/26 - a PRO applies to CalRecycle, demonstrating that it meets applicable criteria to assume assigned responsibilities (if more than one apply, CalRecycle is to choose one)
- By 3/1/26 – CalRecycle approves a PRO meeting requirements
- By 7/1/26 – all producers of covered products must join the approved PRO
- After 1/1/35 – CalRecycle may approve additional PROs
- What needs assessment will the PRO conduct?
The PRO is to perform an initial statewide needs assessment or assessments to determine necessary steps and investment needed for covered products, to meet program requirements. The PRO can conduct product-specific assessments and/or aggregate them into a single statewide assessment. Each assessment is to:
- Be designed to inform the program budget and PRO plan (see below)
- Meet detailed requirements to assess existing products and markets, recycling and diversion activities, locations and markets, consumer behaviors and information to affect them, funding and fee mechanisms necessary to implement plan activities
The PRO is to submit its initial assessment(s) by 3/1/27 (CalRecycle is to evaluate within 90 days), and updates at least every 5 years.
What stewardship plan will the PRO prepare and implement?
SB 707 sets requirements for a stewardship plan for covered products “designed to accept and manage all postconsumer covered products.” SB 707 provides a lengthy timeline for the creation and implementation of an approved stewardship plan:
- no earlier than July 1, 2028, CalRecycle is to adopt regulations
- within 12 months after the effective date of those regulations, a PRO is to develop and submit to CalRecycle a complete stewardship plan (i.e, by 7/1/29; CalRecycle is to review the plan within 120 days)
- July 1, 2030 - the PRO is to have an approved plan, and each participating covered manufacturer must comply with the plan
- November 1, 2030 (i.e, 1 year after CalRecycle approves plan) – PRO must fully implement plan
The plan is to include all the following:
- Names and contact information for producers and brands
- A 5-year budget and funding level sufficient for implementation, including all budget elements set forth in the bill, including reserve funds covering at least 6 months of expenses, and CalRecycle’s administrative costs
- “quantifiable five-year and annual performance standards and metrics”
- Description how the PRO will provide a “free and convenient dropoff or collection system for covered products,” including permanent sites, and may include temporary sites and mail-back options, covering every county (including standards for how many population-based permanent sites are required in each county), how collection sites will be operated in compliance with federal and state requirements, and may include local government participation
- Description how sites will be authorized and managed (SB 707 specifies details)
- Description of the process(es) by which products will be sorted, transported, processed, reused and recycled (SB 707 specifies details)
- A comprehensive statewide education and outreach program (SB 707 specifies details), including description of annual assessment methodologies
- Provisions for coordination with other PROs (if any), existing collection, reuse and recycling programs, and nonprofits (such as thrift stores) that seek to coordinate
- Contingency plan in case the plan expires or is revoked
- Provide for a program to support laundries for laundering covered materials
- Description how the plan will address per- and polyfluoroalkyl substances (PFAS) and other chemical contamination
- Description of a process to address design challenges for covered products
- Descriptions of specified additional environmental and financial impacts
The plan(s) is to be reviewed at least every 5 years. PROs must also meet specified record keeping, audit and reporting requirements. SB707 provides for enforcement and civil penalties.
What’s next?
Although SB 707 provides a relaxed schedule for compliance, organizations that qualify as “producers” of covered apparel and textile materials within California should begin to prepare to meet planning and compliance requirements. California producers and users of these materials should track activities by CalRecycle and any emerging PRO, to prepare for relevant provisions. Organizations in other states should also pay attention to these developments, which reflect national trends toward extended producer responsibilities for ever more materials.
Self-assessment checklist
Does the organization produce and sell products that meet SB 707’s definitions of apparel and textile materials?
- In California?
- Elsewhere?
If so, has the organization evaluated the volumes of such materials, and their wastes, and methods available for their management?
Has the organization assumed any post-use responsibilities for such wastes?
Has the organization evaluated whether changes in formulation or assembly might reduce post-consumer wastes?
Is the organization preparing to track developmens pursuant to SB 707, including self-designation of a PRO and CalRecycle’s regulatory and administrative procedures?
Where can I go for more information?
- California
- “Responsible Textile Recovery Act of 2024” (SB 707)
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com