Senate Bill S8502

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8502
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                            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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "fast fashion waste responsibility act".
   §  2.  Legislative  findings and purpose. The legislature hereby finds
 and declares that  the  fast  fashion  industry  has  become  a  leading
 contributor  to  environmental pollution, waste, and resource depletion.
 Textile production and consumption in New York State generate  over  200
 million pounds of waste annually, a significant portion of which ends up
 in  landfills or is incinerated, releasing harmful pollutants. Globally,
 the fashion industry is responsible for 10% of carbon emissions  and  is
 the  second  largest  consumer of water. This act aims to mitigate these
 impacts by implementing an extended producer responsibility (EPR) frame-
 work for textile products, holding producers accountable for  the  post-
 consumer  phase of their products. By fostering a circular economy, this
 act seeks  to  reduce  waste,  increase  recycling  and  reuse,  promote
 sustainable product design, and support environmental justice.
   §  3.  Article  27 of the environmental conservation law is amended by
 adding a new title 34 to read as follows:
                                 TITLE 34
           EXTENDED PRODUCER RESPONSIBILITY FOR TEXTILE PRODUCTS
 SECTION 27-3401. DEFINITIONS.
         27-3403. PRODUCER OBLIGATIONS.
         27-3405. EXTENDED PRODUCER RESPONSIBILITY PLAN REQUIREMENTS.
         27-3407. LABELING AND TRANSPARENCY REQUIREMENTS.
         27-3409. ECO-DESIGN INCENTIVES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13732-01-5
              

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         27-3411. ENFORCEMENT AND PENALTIES.
         27-3413. RULEMAKING AND IMPLEMENTATION.
 § 27-3401. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "PRODUCER" MEANS ANY ENTITY THAT MANUFACTURES, SELLS,  IMPORTS,  OR
 DISTRIBUTES  CLOTHING, FOOTWEAR, OR TEXTILE PRODUCTS WITHIN THE STATE OF
 NEW YORK.
   2. "TEXTILE PRODUCT" MEANS ANY ITEM MADE OF FABRIC OR SIMILAR  MATERI-
 AL, INCLUDING APPAREL, FOOTWEAR, ACCESSORIES, AND HOME TEXTILES.
   3. "EXTENDED PRODUCER RESPONSIBILITY PROGRAM" OR "EPR PROGRAM" MEANS A
 REGULATORY  FRAMEWORK REQUIRING PRODUCERS TO TAKE RESPONSIBILITY FOR THE
 ENTIRE LIFE CYCLE OF THEIR PRODUCTS, ESPECIALLY POST-CONSUMER WASTE.
   4. "PRODUCER RESPONSIBILITY ORGANIZATION" OR "PRO" MEANS A  NON-PROFIT
 OR  COOPERATIVE  ORGANIZATION  ESTABLISHED BY PRODUCERS TO FULFILL THEIR
 OBLIGATIONS UNDER THE EPR PROGRAM.
 § 27-3403. PRODUCER OBLIGATIONS.
   BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY PRODUCER  OF
 TEXTILE PRODUCTS SHALL:
   1.  REGISTER WITH THE DEPARTMENT AND JOIN OR FORM A CERTIFIED PRODUCER
 RESPONSIBILITY ORGANIZATION;
   2. SUBMIT AN EPR PROGRAM IMPLEMENTATION  PLAN  OUTLINING  METHODS  FOR
 COLLECTION, RECYCLING, AND EDUCATION;
   3.  PAY  ANNUAL  EPR PROGRAM FEES BASED ON THE VOLUME OF TEXTILES SOLD
 WITHIN THE STATE;
   4. ESTABLISH TAKE-BACK SYSTEMS, INCLUDING IN-STORE  DROP-OFF  BINS  OR
 OTHER CONVENIENT RETURN MECHANISMS ACCESSIBLE TO ALL CONSUMERS;
   5. ENSURE COLLECTED TEXTILES ARE REUSED, DONATED, OR RECYCLED, AND NOT
 DISPOSED OF VIA LANDFILLS OR INCINERATION; AND
   6. REPORT ANNUALLY TO THE DEPARTMENT ON PROGRAM PERFORMANCE, INCLUDING
 TONNAGE COLLECTED, RECYCLED, REUSED, OR OTHERWISE MANAGED.
 § 27-3405. EXTENDED PRODUCER RESPONSIBILITY PLAN REQUIREMENTS.
   THE  EXTENDED  PRODUCER  RESPONSIBILITY  PLAN  SHALL  BE  DETAILED AND
 INCLUDE:
   1. SPECIFIC GOALS FOR THE  PERCENTAGE  OF  COLLECTED  TEXTILES  TO  BE
 REUSED AND RECYCLED ANNUALLY;
   2.  STRATEGIES  FOR  PUBLIC  OUTREACH,  EDUCATION, AND BEHAVIOR CHANGE
 PROGRAMS TO PROMOTE RESPONSIBLE CONSUMPTION AND RETURN OF TEXTILES;
   3. PARTNERSHIPS WITH LOCAL GOVERNMENTS, NON-PROFIT ORGANIZATIONS,  AND
 SMALL BUSINESSES ENGAGED IN REPAIR, RESALE, OR RECYCLING;
   4. METRICS FOR PERFORMANCE EVALUATION, ENVIRONMENTAL IMPACT, AND EQUI-
 TABLE DISTRIBUTION OF COLLECTION SITES; AND
   5. CONTINGENCY PLANS FOR MANAGING PRODUCT SURPLUSES AND AVOIDING ILLE-
 GAL DUMPING OR EXPORT OF TEXTILE WASTE.
 § 27-3407. LABELING AND TRANSPARENCY REQUIREMENTS.
   ALL TEXTILE PRODUCTS SOLD IN NEW YORK SHALL DISPLAY A DURABLE, LEGIBLE
 LABEL INDICATING:
   1. PERCENTAGE OF RECYCLED CONTENT USED IN THE PRODUCT;
   2.  COUNTRY OF ORIGIN AND PRODUCTION PRACTICES, INCLUDING LABOR STAND-
 ARDS; AND
   3. AN ENVIRONMENTAL IMPACT SCORE DEVELOPED  AND  STANDARDIZED  BY  THE
 DEPARTMENT, COVERING WATER USE, EMISSIONS, AND TOXICITY.
 § 27-3409. ECO-DESIGN INCENTIVES.
   1.  TO PROMOTE SUSTAINABLE PRODUCT DESIGN, THE DEPARTMENT SHALL ESTAB-
 LISH A FEE-MODULATION SYSTEM, REDUCING EXTENDED PRODUCER  RESPONSIBILITY
 FEES FOR PRODUCTS THAT:
 S. 8502                             3
 
   (A) CONTAIN HIGH LEVELS OF RECYCLED OR ORGANIC MATERIALS;
   (B) ARE DESIGNED FOR DURABILITY, REPAIRABILITY, AND RECYCLABILITY;
   (C) AVOID HARMFUL CHEMICALS, SYNTHETIC MICROFIBERS, AND NON-RECYCLABLE
 BLENDS; AND
   (D) HAVE PASSED THIRD-PARTY ECO-CERTIFICATIONS.
   2.  SUCH  SYSTEM  SHALL  REWARD COMPANIES WHO ACTIVELY REDUCE ENVIRON-
 MENTAL HARM AT THE DESIGN STAGE AND FOSTER MARKET TRANSFORMATION.
 § 27-3411. ENFORCEMENT AND PENALTIES.
   THE DEPARTMENT SHALL BE RESPONSIBLE FOR ENFORCEMENT OF THE  PROVISIONS
 OF THIS TITLE. PRODUCERS FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS
 TITLE SHALL BE SUBJECT TO:
   1. CIVIL PENALTIES UP TO FIFTY THOUSAND DOLLARS PER DAY OF NON-COMPLI-
 ANCE;
   2.  SUSPENSION  OR  REVOCATION  OF  THE RIGHT TO SELL TEXTILE PRODUCTS
 WITHIN NEW YORK STATE; AND
   3. PUBLIC DISCLOSURE OF VIOLATIONS IN  AN  ANNUAL  COMPLIANCE  REPORT.
 REPEAT  OFFENDERS  MAY  BE  SUBJECT  TO  ADDITIONAL  SANCTIONS INCLUDING
 INJUNCTIONS OR PRODUCT RECALLS.
 § 27-3413. RULEMAKING AND IMPLEMENTATION.
   1. THE DEPARTMENT SHALL PROMULGATE ALL NECESSARY RULES AND REGULATIONS
 WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.
   2. THE DEPARTMENT SHALL ENGAGE IN STAKEHOLDER CONSULTATIONS, INCLUDING
 PUBLIC HEARINGS WITH INDUSTRY,  LABOR,  ENVIRONMENTAL  GROUPS,  AND  THE
 GENERAL PUBLIC.
   3. IMPLEMENTATION OF THE PROVISIONS OF THIS TITLE SHALL BEGIN NO LATER
 THAN JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND INTERIM REPORTING AND
 PROGRAM EVALUATION SHALL BE REQUIRED BIENNIALLY.
   §  4.  The state finance law is amended by adding a new section 97-ccc
 to read as follows:
   § 97-CCC.  TEXTILE WASTE FUND. 1. THERE IS HEREBY ESTABLISHED  IN  THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF ENVIRON-
 MENTAL CONSERVATION A SPECIAL FUND TO BE KNOWN  AS  THE  "TEXTILE  WASTE
 FUND".
   2.  SUCH  FUND  SHALL CONSIST OF ALL MONEYS APPROPRIATED, CREDITED, OR
 TRANSFERRED THERETO FROM ANY FUND OR SOURCE PURSUANT TO LAW.
   3. THE MONEYS OF THE TEXTILE WASTE FUND SHALL  BE  AVAILABLE  FOR  THE
 FOLLOWING PURPOSES:
   (A) TO FINANCE TEXTILE COLLECTION, REUSE, AND RECYCLING PROGRAMS;
   (B)  TO  SUPPORT  WORKFORCE  DEVELOPMENT  AND TRAINING IN THE CIRCULAR
 TEXTILE ECONOMY, WITH A FOCUS ON MARGINALIZED AND  UNDERSERVED  COMMUNI-
 TIES; AND
   (C)  TO  PROVIDE  GRANTS  TO LOCAL GOVERNMENTS, SCHOOLS, AND NONPROFIT
 ORGANIZATIONS TO EXPAND PUBLIC EDUCATION AND COLLECTION INFRASTRUCTURE.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be adjudged by a court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision,  section  or  part
 thereof  directly  involved  in  the  controversy in which such judgment
 shall have been rendered. It is hereby declared to be the intent of  the
 legislature  that  this act would have been enacted even if such invalid
 provisions had not been included herein.
   § 6. This act shall take effect immediately.