BILL NUMBER: S3217
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing extended producer responsibility for textiles
 
PURPOSE OR GENERAL IDEA 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 requires producers of textiles sold in
the state to submit collection plans for the approval of the Department
of Environmental Conservation (DEC).
Section 27-3405 of the new title specifies the responsibilities of
producers.
Section 27-3407 of the new title specifies the responsibilities of
retailers, distributors and wholesalers.
Section 27-3409 of the new title specifies the responsibilities of DEC.
Section 27-3411 of the new title provides for labeling requirements.
Section 27-3413 establishes a textile stewardship advisory board.
Section 27-3415 of the new title provides that in the event another
state implements a textile recycling program, the producers or represen-
tative organizations may collaborate with such state to conserve efforts
and resources used in carrying out the textile collection program,
provided such collaboration is consistent with the requirements of this
title.
Section 27-3417 of the new title provides for penalties for failure to
comply. Section 27-3419 of the new title provides for rules and regu-
lations.
Sections two and three of the bill provide that the enforcement
provisions of Title 71 of Article 27 or the Environmental Conservation
Law apply 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 life cycle of their
products, including post-consumer disposal. EPR programs shift the
financial costs of disposing of such products from municipalities onto
the 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 Department of Environmental Conservation (DEC), almost
1.4 billion pounds of textiles are discarded every year in New York
State, or about.69 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 resi-
dent nationwide. While 15% of post consumer textiles are recycled, that
means 85% of our used clothing and other textiles are ending up as waste
in landfills and incinerators. A majority of these materials could be
reused or recycled providing social, environmental, and economic bene-
fits. (See https://www.dec.ny.gov/chemical/100141.html, retrieved May
1, 2023.)
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:
2024: S6654 (Kavanagh) - REFERRED TO ENVIRONMENTAL CONSERVATION /A8078
(Kelles) - referred to environmental conservation
2023: 56654 (Kavanagh) - REFERRED TO ENVIRONMENTAL CONSERVATION /A8078
(Kelles) - referred to environmental conservation
 
FISCAL IMPLICATIONS:
Minimal to the state, with the expectation that costs will be fully
covered by fees generated by the program. Localities would save money
due to reductions in municipal disposal costs.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to section 71-1701 of the environmental conservation law made by
section three of this act shall take effect on the same date and in the
same manner as section 2 of chapter 795 of the laws of 2022, takes
effect.

Statutes affected:
S3217: 71-1701 environmental conservation law