California 2024 Textile EPR Law SB 707 Summary
California Law SB 707 Responsible Textile Recovery Act Overview
The Responsible Textile Recovery Act of 2024 (Senate Bill 707), signed into law in California by Governor Gavin Newsome on Sept. 28, 2024, establishes a new Extended Producer Responsibility (EPR) framework for the textile industry. As the first EPR law that covers textiles in the United States, this important milestone law mandates that producers of textiles, including clothing, footwear, and household items, implement and finance programs aimed at reducing textile waste through reuse, repair, and recycling.
The program will be overseen by California’s Department of Resources Recycling and Recovery (CalRecycle), which will have the authority to set targets (such as for collection, reuse, and recycling of products).
Key Goals of SB 707
- Lifecycle Responsibility: Producers are now required to take responsibility for the entire lifecycle of their textiles, ensuring that sustainable practices are integrated from production to disposal.
- Convenient Drop-off Locations: By 2030, the law aims to create easily accessible drop-off locations for consumers to return unwanted textiles, facilitating greater participation in recycling initiatives.
- Stakeholder Engagement: The development of the act involved extensive stakeholder engagement, leading to improvements and a collaborative approach to tackling textile waste.
- Industry Support: The act has garnered support from various companies and organizations, highlighting a collective movement toward more sustainable practices and circular economy in the fashion and textile sectors.
What is considered a textile under California’s EPR law?
SB 707 covers apparel, which by definition includes items such as dresses, pants, shirts, undergarments, skirts, overalls, bodysuits, vests, costumes, dancewear, suits, scarves, saris, tops, leggings, leisurewear, school uniforms, sports uniforms, athletic wear, formal wear, swimwear, bibs, onesies, jackets, backpacks, handbags, footwear, knitted and woven accessories, coats, snow pants, ski pants, and everyday workwear uniforms.
The bill also covers “textile articles,” which are described as items typically used in businesses or households, made mainly from synthetic, artificial, or natural fiber, fabric, or yarn. SB 707 clarifies that these include fabric window coverings, curtains, blankets, knitted/woven accessories, tapestries, towels, napkins, bedding, linens, pillows, and tablecloths.
Products that are NOT covered under SB 707 include:
- Some products that may already be covered under other EPR laws
- Window coverings that are automated, motorized, battery-operated, or manually adjusted through electric motors, automated systems, or mechanisms
- Clothing or personal protective gear intended for use by the U.S. military
- Personal protective equipment (PPE)
- Reusable items designed for the absorption and collection of urine and feces, as well as reusable FDA-approved products for managing menstruation or vaginal discharge
- Disposable items such as paper napkins, toilet paper, facial tissues, and wet or dry wipes
Who Will Be Affected by California’s Textile EPR Law?
Producers of apparel or textile articles who sell, offer for sale, or distribute a covered product into the state must comply with the law.
SB 707 establishes a tiered definition of a “covered producer” to include all entities responsible for bringing covered products to the California market. Companies that manufacture a covered product and either own or license the brand or trademark used for its sale or distribution in the state are classified as covered producers, regardless of their location.
If no such company exists in the state: the brand/trademark owner, or if they are not in the state, the exclusive licensee, is considered the producer. If neither applies, the importer of the covered product into California is identified as the producer.
If none of the above are present, the producer is defined as the distributor, retailer, or wholesaler selling the product in the state. The bill also allows manufacturers, distributors, importers, or sellers to take on the responsibilities and liabilities of the producer, relieving other entities of these obligations.
Who is Exempt from California’s Textile EPR Law?
Sellers with a global annual aggregate turnover of less than one million dollars ($1,000,000) are exempt from the program requirements. Sellers that only sell second-hand goods are not considered producers and, therefore, exempt.
Core Responsibilities of Covered Textile Producers Selling in or into California under SB 707
At this time, regulations and other details will be finalized through rulemaking, discussions, and public forums, and so deadlines may change and elements of the law will be clarified over time. Producers who may have obligations are recommended to monitor developments.
To comply with California’s new textile law, producers will need to:
- Form and join a Producer Responsibility Organization (PRO) for the management of textile articles at end-of-life. Learn more about the role of PROs in EPR systems.
- Register with the PRO by July 1, 2026.
- Report data on covered products (e.g., apparel, footwear, and travel goods).
- Pay fees to the PRO, which will be based on sales volumes and program costs.
- Consider sustainability practices (eco-modulation policies) to potentially reduce fees, such as existing collection, repair, reuse, and recycling programs.
- Ensure registration by July 1, 2030 to avoid penalties for non-compliance.
What if a Producer Doesn’t Comply with the Law?
Producers must register as participants in the PRO and adhere to the guidelines established by CalRecycle by no later than July 1, 2030. Failure to do so will result in civil penalties, which may reach a maximum of $10,000 per day. For violations deemed intentional or knowingly committed, the penalties can escalate to $50,000 per day.
Textile EPR Support from RLG
Like those in the textile, apparel, and footwear industry, RLG’s Customer Engagement & Business Development Manager Denise Diorio McVeigh has been keeping an eye on SB 707 for a while. “This law is really going to change things for many producers – and not just in California. Textile waste is widely recognized as an enormous problem, and other states in the US are already looking to EPR policies for solutions.”
RLG will continue to report on developments with SB 707, as well as global textile laws, as developments occur. In the meantime, we invite producers to reach out to our experts for guidance and support. We offer EPR Impact Analyses to help producers determine their obligations under textile laws, and we are experienced consultants for PROs worldwide.
Our team is standing by to answer your questions.
Disclaimer: This article was written for informational purposes only and should not be used or cited for legal purposes. Information is accurate as of the time of publication, however, deadlines, regulations, and policies are regularly subject to change. Always refer to primary sources for the most accurate and up-to-date information.