BILL NUMBER: S3217C
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law and the state finance
law, in relation to establishing extended producer responsibility for
textiles
 
PURPOSE: OR GENERAL DEA OF BILL:
This bill would require extended producer responsibility for the
collection, reuse, recycling, or proper disposal of textiles.
 
SUMMARY OF PROVISIONS::
Section one of the bill amends article 27 of the environmental conserva-
tion law by adding a new title 34 requiring textile producers to provide
for the collection and recycling of their products.
Section 27-3401 of the new title sets forth definitions.
Section 27-3403 of the new title provides for a textile disposal ban.
Section 27-3405 of the new title requires producers of textiles sold in
the state to submit collection plans for the approval of the Department
of Environmental Conservation (DEC).
Section 27-3407 of the new title specifies the responsibilities of
producers.
Section 27-3409 of the title specifies the responsibilities of retail-
ers, distributors, and wholesalers.
Section 27-3411 of the new title specifies the responsibilities of DEC.
Section 27-3413 of the new title specifies labeling requirements
Section 27-3415 of the new title establishes the textile stewardship
advisory board.
Section 27-3417 of the new title specifies post-consumer requirements.
Section 27-3419 of the new title provides for penalties for failure to
comply.
Section 27-3421 of the new title provides limits on liability for anti-
trust, restraint of trade, or unfair trade practices.
Section 27-3423 of the new title authorizes DEC to promulgate rules and
regulations.
Section two of the bill amends the state finance law by establishing the
textile extended producer responsibility fund.
Section three of the bill provides that title 17 of article 71, related
to certain enforcement powers of DEC, applies to the new title 34.
Section four of the bill sets forth the effective date.
 
JUSTIFICATION::
Extended producer responsibility (EPR) is an approach that holds
manufacturers and producers responsible for the lifecycle of their
products, including post-consumer collection, reuse, recycling, and
disposal. EPR programs shift the financial costs of managing these proc-
esses from municipalities and consumers to manufacturers and producers,
while incentivizing the manufacturers and producers to design products
that are easier to reuse, recycle, or dispose of safely. EPR programs
help reduce the negative environmental impacts of products and create
economic benefits.
According to the Solid Waste Management Plan (SWMP) issued by the
Department of Environmental Conservation (DEC) in December 2023, New
York residents and businesses discard almost 1.4 billion pounds of
textiles, or about 70 pounds per resident, including textiles discarded
by individuals and businesses. In the United States, discarded textiles
are one of the fastest growing waste streams, with about 81 pounds per
resident nationwide. Only 15% of post-consumer textiles are recycled,
while 85% of our used clothing and other textiles end up as waste in
landfills or incinerators. A majority of these materials could be reused
or recycled, providing social, environmental, and economic benefits. For
these reasons, the SWMP officially recommends enactment of EPR for
textiles in New York. In 2024, under the Responsible Textile Recovery
Act, California enacted the first statewide extended producer responsi-
bility program for textiles in the United States.
This bill would keep textiles out of our landfills and incineration
facilities, reducing contamination of New York's land and water, and
preventing climate pollution from being released into the air. As with
other extended producer responsibility initiatives, the program required
by this bill would hold producers, who profit from the sale of these
products, responsible for the collection and reuse, recycling, and safe
disposal of textiles, while promoting good jobs and a vibrant economy
and to helping to achieve the state's goals to mitigate our contribution
to climate change and conserve resources.
 
PRIOR LEGISLATIVE HISTORY::
2025: S3217 (Kavanagh) - Referred to Environmental Conservation A6193
(Kelles) - Referred to Environmental Conservation
2024: S6654 (Kavanagh) - Referred to Environmental Conservation A8078
(Kelles) - Referred to Environmental Conservation
2023: S6654 (Kavanagh) - Referred to Environmental Conservation A8078
(Kelles) - Referred to Environmental Conservation
 
FISCAL IMPLICATIONS::
No significant net costs to the State. Program costs will be fully
covered by fees generated by the program.
 
EFFECTIVE DATE::
This act shall take effect immediately.

Statutes affected:
S3217: 71-1701 environmental conservation law
S3217A: 71-1701 environmental conservation law
S3217B: 71-1701 environmental conservation law
S3217C: 71-1701 environmental conservation law