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S08502 Summary:

BILL NOS08502
 
SAME ASNo Same As
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Add Art 27 Title 34 §§27-3401 - 27-3413, En Con L; add §97-ccc, St Fin L
 
Enacts the "fast fashion waste responsibility act" in relation to extended producer responsibility for textile products.
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S08502 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8502
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                   September 10, 2025
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the environmental conservation law and the state finance
          law, in relation to enacting the "fast  fashion  waste  responsibility
          act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "fast fashion waste responsibility act".
     3    §  2.  Legislative  findings and purpose. The legislature hereby finds
     4  and declares that  the  fast  fashion  industry  has  become  a  leading
     5  contributor  to  environmental pollution, waste, and resource depletion.
     6  Textile production and consumption in New York State generate  over  200
     7  million pounds of waste annually, a significant portion of which ends up
     8  in  landfills or is incinerated, releasing harmful pollutants. Globally,
     9  the fashion industry is responsible for 10% of carbon emissions  and  is
    10  the  second  largest  consumer of water. This act aims to mitigate these
    11  impacts by implementing an extended producer responsibility (EPR) frame-
    12  work for textile products, holding producers accountable for  the  post-
    13  consumer  phase of their products. By fostering a circular economy, this
    14  act seeks  to  reduce  waste,  increase  recycling  and  reuse,  promote
    15  sustainable product design, and support environmental justice.
    16    §  3.  Article  27 of the environmental conservation law is amended by
    17  adding a new title 34 to read as follows:
    18                                  TITLE 34
    19            EXTENDED PRODUCER RESPONSIBILITY FOR TEXTILE PRODUCTS
    20  Section 27-3401. Definitions.
    21          27-3403. Producer obligations.
    22          27-3405. Extended producer responsibility plan requirements.
    23          27-3407. Labeling and transparency requirements.
    24          27-3409. Eco-design incentives.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13732-01-5

        S. 8502                             2
 
     1          27-3411. Enforcement and penalties.
     2          27-3413. Rulemaking and implementation.
     3  § 27-3401. Definitions.
     4    For  the  purposes  of  this title, the following terms shall have the
     5  following meanings:
     6    1. "Producer" means any entity that manufactures, sells,  imports,  or
     7  distributes  clothing, footwear, or textile products within the state of
     8  New York.
     9    2. "Textile product" means any item made of fabric or similar  materi-
    10  al, including apparel, footwear, accessories, and home textiles.
    11    3. "Extended producer responsibility program" or "EPR program" means a
    12  regulatory  framework requiring producers to take responsibility for the
    13  entire life cycle of their products, especially post-consumer waste.
    14    4. "Producer responsibility organization" or "PRO" means a  non-profit
    15  or  cooperative  organization  established by producers to fulfill their
    16  obligations under the EPR program.
    17  § 27-3403. Producer obligations.
    18    Beginning January first, two thousand twenty-seven, every producer  of
    19  textile products shall:
    20    1.  register with the department and join or form a certified producer
    21  responsibility organization;
    22    2. submit an EPR program implementation  plan  outlining  methods  for
    23  collection, recycling, and education;
    24    3.  pay  annual  EPR program fees based on the volume of textiles sold
    25  within the state;
    26    4. establish take-back systems, including in-store  drop-off  bins  or
    27  other convenient return mechanisms accessible to all consumers;
    28    5. ensure collected textiles are reused, donated, or recycled, and not
    29  disposed of via landfills or incineration; and
    30    6. report annually to the department on program performance, including
    31  tonnage collected, recycled, reused, or otherwise managed.
    32  § 27-3405. Extended producer responsibility plan requirements.
    33    The  extended  producer  responsibility  plan  shall  be  detailed and
    34  include:
    35    1. specific goals for the  percentage  of  collected  textiles  to  be
    36  reused and recycled annually;
    37    2.  strategies  for  public  outreach,  education, and behavior change
    38  programs to promote responsible consumption and return of textiles;
    39    3. partnerships with local governments, non-profit organizations,  and
    40  small businesses engaged in repair, resale, or recycling;
    41    4. metrics for performance evaluation, environmental impact, and equi-
    42  table distribution of collection sites; and
    43    5. contingency plans for managing product surpluses and avoiding ille-
    44  gal dumping or export of textile waste.
    45  § 27-3407. Labeling and transparency requirements.
    46    All textile products sold in New York shall display a durable, legible
    47  label indicating:
    48    1. percentage of recycled content used in the product;
    49    2.  country of origin and production practices, including labor stand-
    50  ards; and
    51    3. an environmental impact score developed  and  standardized  by  the
    52  department, covering water use, emissions, and toxicity.
    53  § 27-3409. Eco-design incentives.
    54    1.  To promote sustainable product design, the department shall estab-
    55  lish a fee-modulation system, reducing extended producer  responsibility
    56  fees for products that:

        S. 8502                             3
 
     1    (a) contain high levels of recycled or organic materials;
     2    (b) are designed for durability, repairability, and recyclability;
     3    (c) avoid harmful chemicals, synthetic microfibers, and non-recyclable
     4  blends; and
     5    (d) have passed third-party eco-certifications.
     6    2.  Such  system  shall  reward companies who actively reduce environ-
     7  mental harm at the design stage and foster market transformation.
     8  § 27-3411. Enforcement and penalties.
     9    The department shall be responsible for enforcement of the  provisions
    10  of this title. Producers failing to comply with the requirements of this
    11  title shall be subject to:
    12    1. Civil penalties up to fifty thousand dollars per day of non-compli-
    13  ance;
    14    2.  Suspension  or  revocation  of  the right to sell textile products
    15  within New York state; and
    16    3. Public disclosure of violations in  an  annual  compliance  report.
    17  Repeat  offenders  may  be  subject  to  additional  sanctions including
    18  injunctions or product recalls.
    19  § 27-3413. Rulemaking and implementation.
    20    1. The department shall promulgate all necessary rules and regulations
    21  within twelve months of the effective date of this title.
    22    2. The department shall engage in stakeholder consultations, including
    23  public hearings with industry,  labor,  environmental  groups,  and  the
    24  general public.
    25    3. Implementation of the provisions of this title shall begin no later
    26  than January first, two thousand twenty-seven, and interim reporting and
    27  program evaluation shall be required biennially.
    28    §  4.  The state finance law is amended by adding a new section 97-ccc
    29  to read as follows:
    30    § 97-ccc.  Textile waste fund. 1. There is hereby established  in  the
    31  joint  custody of the state comptroller and the commissioner of environ-
    32  mental conservation a special fund to be known  as  the  "textile  waste
    33  fund".
    34    2.  Such  fund  shall consist of all moneys appropriated, credited, or
    35  transferred thereto from any fund or source pursuant to law.
    36    3. The moneys of the textile waste fund shall  be  available  for  the
    37  following purposes:
    38    (a) to finance textile collection, reuse, and recycling programs;
    39    (b)  to  support  workforce  development  and training in the circular
    40  textile economy, with a focus on marginalized and  underserved  communi-
    41  ties; and
    42    (c)  to  provide  grants  to local governments, schools, and nonprofit
    43  organizations to expand public education and collection infrastructure.
    44    § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
    45  sion, section or part of this act shall be adjudged by a court of compe-
    46  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    47  or invalidate the remainder thereof, but shall be confined in its opera-
    48  tion to the clause, sentence, paragraph, subdivision,  section  or  part
    49  thereof  directly  involved  in  the  controversy in which such judgment
    50  shall have been rendered. It is hereby declared to be the intent of  the
    51  legislature  that  this act would have been enacted even if such invalid
    52  provisions had not been included herein.
    53    § 6. This act shall take effect immediately.
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