Enacts the "fast fashion waste responsibility act"

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.