On 29 September 2024, California passed (anticipating New York, which has been working on it for some time) the Responsible Textile Recovery Act. This makes it the first state in the USA to implement an extended producer responsibility programme. And in Europe?
by Massimiliano Viti
29 September 2024 could be a significant date for the fashion industry. Gavin Newsom, a possible candidate for the White House after Joe Biden quit and was later outvoted by his friend Kamala Harris, is the governor of California. Among the 100 laws passed that day is SB 707 ‘Responsible Textile Recovery Act of 2024‘. This makes California the first state in the US to implement an extended producer responsibility (EPR) programme focused on fashion and textiles.
The Responsible Textile Recovery Act of 2024
The onus is on brands to manage and finance the life cycle of their products. Briefly, textile manufacturers and retailers (including marketplaces) with annual global sales in excess of $1 million operating in California must submit a comprehensive plan for the safe and proper collection, transportation, repair, sorting, recycling and management of clothing and textile products in the state. This includes footwear, swimwear, undergarments and bags. Also defined are the steps that those involved must follow in order to arrive prepared for 2030, the year in which full compliance with the law is required and after which penalties will be triggered. These range from $10,000 to $50,000 per day.
Californian target
The objective of SB 707 is to develop upcycling and recycling and to reduce the amount of materials going to landfill. This is about 1.2 million tonnes of textiles, despite the fact that 95 per cent of them are reusable or recyclable, costing taxpayers over USD 70 million. However, it is clear that the law aims to limit the environmental impact of fast fashion and “the throwaway culture it has fostered,” adds Newman. In 2030, Californians, instead of throwing clothes and household textiles in landfills, will take them to thrift shops, charities and other collection sites.
There, they will be sorted and recycled. This means that the cost of handling the garment will be passed from the state to the companies, which will shell out roughly less than 10 cents per garment or fabric. American Apparel and Footwear Association (AAFA) voted against this law but will comply. California will have the eyes of the world on it as it implements the first law of its kind.
Faster than New York
California was faster than New York, where, for the third year in a row, the Fashion Sustainability and Social Accountability Act (better known as the New York Fashion Act) did not make it to the courtroom in time for a vote, partly due to resistance from powerful trade groups such as AAFA. However, the supporters of the legislation are not giving up. The NY Fashion Act is even more impactful for brands and retailers.
Companies that generate more than $100 million in global gross revenue would be required to reduce their environmental footprint to align with the goals outlined in the bill, which include, for example, reducing greenhouse gas emissions to be in line with the Paris Agreement. Companies are even required to map and disclose at least half of their suppliers by volume. The regulatory differences between California and New York suggest the need for an alignment of rules (not only in the US). The US is attempting this through the Americas Act, a bipartisan bill that has over $14 billion in incentives for circularity in apparel, footwear, accessories and household linens.
First in Europe, the French
France was the first European country to introduce an EPR system for textiles in 2007 (in force since 2008). From 18% in 2007, the share of reused textile waste increased to 39%. As of 1 July 2023, the Netherlands introduced EPR responsibility by creating its own programme. Hungary came next. The European Union mandated an expansion of textile collection for all member states by 2025. The introduction of EPR for textile products is to be extended to products containing textile-related materials, such as leather, regenerated leather, rubber or plastic. The final draft of the new rules is expected by the end of the year.
The Spanish case
Spain has taken a step forward. Awaiting the publication of the Royal Decree that will transpose the European Directive on Extended Producer Responsibility, it has launched Re-viste, the first pilot programme for textile waste collection. Re-viste aims to test the effectiveness of collection systems and is supported by major brands such as Inditex-Zara, Decathlon, H&M, Ikea, Kiabi, Mango, Tendam, Sprinter, El Corte Inglés and Primark. Containerisation, collection, pre-sorting, sorting and recycling are the five phases that Re-Viste will cover. The programme will start in April 2025. Different collection methods will be tested in six Spanish municipalities with a total of about 300,000 inhabitants, distributed between urban, semi-urban and rural areas.
Read also:
- If France and California seek solutions against greenwashing
- France: head down (and with a tax) against fast fashion
- The endless debate and (perhaps) solutions to fast fashion