BILL NUMBER: S10638
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
enacting the "washing our clothes without polluting our water act"
 
PURPOSE OR GENERAL IDEA OF BILL:
To reduce microfiber pollution by requiring the phased adoption of
microfiber filtration systems in washing machines sold in the state and
in commercial laundry operations.
 
SUMMARY OF PROVISIONS:
Section one of the bill provides that this act shall be known as the
"washing -out clothes without polluting our water act".
Section two of the bill amends article 17 of the environmental conserva-
tion law by adding new title 23 establishing requirements for microfiber
filtration systems in washing machines sold and operated in the state.
Section 17-2301 of the new title sets forth definitions.
Section 17-2303 of the new title requires producers of washing machines
sold in the state to submit plans for the approval of the Department of
Environmental Conservation (DEC).
Section 17-2305 of the new title specifies the responsibilities of
producers. Section 17-2307 of the new title specifies the responsibil-
ities of retailers.
Section 17-2309 of the new title specifies the responsibilities of
commercial laundry services.
Section 17-2311 of the new title specifies the responsibilities of DEC.
Section 17-2313 of the new title establishes the washing microfiber
filtration advisory board.
Section 17-2315 of the new title provides for penalties for failure to
comply.
Section 17-2317 of the new title provides rules and regulations.
Section three of the bill provides for the applicability of new title
23.
Section four sets forth the effective date.
 
JUSTIFICATION:
Microplastics are ubiquitous in the environment, even in the most remote
areas. Due to their small size, they can bioaccumulate in the food chain
and cause increasing environmental concern. Studies have found micro-
plastics in humans' lungs, brains, and placentas and show that these
particles can cause oxidative damage, DNA damage, and changes in gene
activity.
Microfibers are the most common type of microplastics, according to the
EPA, and are found in several different ecosystems, such as wastewater,
stormwater runoff, rivers, lakes, wildlife, etc. Around 60% of clothing
is made entirely or in part from plastic, including polyester, nylon,
and acrylic. These synthetic textiles shed microfibers through daily
wear and also during washing. Scientists estimate that textiles produce
35% of ocean microplastic pollution, an estimated 2.2 million tons annu-
ally. An average three-pound load of laundry can shed hundreds of thou-
sands of microfibers into the sewer system. Most treatment plants in the
USA are designed to reduce organic material in water and are not effi-
cient in removing fine synthetic particles like microplastics.
Filtration systems in washing machines are seen as an effective strategy
for capturing microfibers before they enter wastewater effluent and the
environment. Studies have shown that microfiber filters can capture up
to 78% of all microfibers. Other states like California, Connecticut,
and Oregon have created or passed laws to address the growing concerns
regarding microplastics, specifically microfibers in washing machines.
In 2020, France also mandated that all new washing machines sold as of
January 1, 2025, include a filter to capture microfibers. This legis-
lation establishes a phased approach that allows manufacturers suffi-
cient time to develop, test, and deploy filtration technologies, through
developed performance standards in consultation with the DEC.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S10638: 71-1701 environmental conservation law