Bill Text: NY S06654 | 2023-2024 | General Assembly | Introduced

Bill Title: Establishes extended producer responsibility for textiles; requires a producer, either individually or cooperatively in a group or with a representative organization to submit to the department of environmental conservation a plan for the establishment of a collection program for textile covered products no later than December 31, 2024.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-05-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06654 Detail]

Download: New_York-2023-S06654-Introduced.html

                STATE OF NEW YORK


                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 3, 2023

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing extended producer responsibility for textiles

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 34 to read as follows:
     3                                  TITLE 34
     5  Section 27-3401. Definitions.
     6          27-3403. Producer plan.
     7          27-3405. Producer responsibilities.
     8          27-3407. Retailer, distributor and wholesaler responsibilities.
     9          27-3409. Department responsibilities.
    10          27-3411. Labeling requirements.
    11          27-3413. Textile stewardship advisory board.
    12          27-3415. Multi-state cooperation.
    13          27-3417. Enforcement and penalties.
    14          27-3419. Rules and regulations.
    15  § 27-3401. Definitions.
    16    For the purposes of this title, the following  terms  shall  have  the
    17  following meanings:
    18    1.  "Apparel"  means clothing and accessory items intended for regular
    19  wear or formal occasions, including, but not limited to,  undergarments,
    20  shirts,  pants,  skirts,  dresses, overalls, bodysuits, costumes, vests,
    21  dancewear, suits, saris, scarves, tops, leggings, school uniforms, leis-
    22  urewear, athletic wear, sports uniforms, everyday swimwear, formal wear,
    23  onesies, bibs, diapers, footwear, and everyday  uniforms  for  workwear.
    24  Clothing  items  intended  for regular wear or formal occasions does not

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6654                             2

     1  include personal protective equipment or clothing  items  for  exclusive
     2  use by the United States military.
     3    2.  "Brand"  means  a trademark, including both a registered trademark
     4  and an unregistered trademark, a logo, a name,  a  symbol,  a  word,  an
     5  identifier,  or  a  traceable mark that identifies a covered textile and
     6  identifies the owner or licensee of the brand.
     7    3. "Collection site" means a permanent location in the state at  which
     8  a consumer may discard covered products.
     9    4. "Consumer" means a person located in the state who purchases, owns,
    10  leases,  or uses covered products, including but not limited to an indi-
    11  vidual, a business,  corporation,  limited  partnership,  not-for-profit
    12  corporation,  the  state,  a  public  corporation, public school, school
    13  district, private or parochial school or  board  of  cooperative  educa-
    14  tional  services or governmental entity, but does not include a retailer
    15  or person that acquires a covered product solely  for  the  purposes  of
    16  recycling.
    17    5.  "Covered  product"  means any apparel, textile, or textile article
    18  that is unsuitable for reuse by a  consumer  in  its  current  state  or
    19  condition.
    20    6. "Discarded covered product" means a covered product that a consumer
    21  has used and discarded in the state.
    22    7.  "Distributor" or "wholesaler" means a person who buys or otherwise
    23  acquires a covered product and sells or offers to sell such  product  to
    24  retailers in this state.
    25    8.  "Energy  recovery"  means the process by which all or a portion of
    26  solid waste materials are processed or combusted in order to utilize the
    27  heat content or other forms of energy  derived  from  such  solid  waste
    28  materials.
    29    9. "Producer" means any person who manufactures or renovates a covered
    30  product  that is sold, offered for sale, or distributed to a consumer in
    31  this state. "Producer" includes:
    32    (a) the owner of a trademark or brand under which a covered product is
    33  sold, offered for sale, or distributed in this  state,  whether  or  not
    34  such trademark or brand is registered in the state; and
    35    (b)  any  person  who imports a covered product into the United States
    36  that is sold or offered for sale in the state and that  is  manufactured
    37  by a person who does not have a presence in the United States.
    38    10.  "Recycling" means separating, dismantling or processing the mate-
    39  rials, components or commodities contained in covered products  for  the
    40  purpose of preparing the materials, components or commodities for use or
    41  reuse in new products or components. "Recycling" does not include energy
    42  recovery  or  energy  generation by any means, including but not limited
    43  to, combustion, incineration, pyrolysis, gasification, solvolysis, waste
    44  to fuel, or any chemical conversion process,  or  landfill  disposal  of
    45  discarded covered products or discarded product component materials.
    46    11. "Recycler" means a person that engages in recycling.
    47    12.  "Recycling  rate"  means  the  percentage  of  discarded  covered
    48  products that is managed through  recycling  or  reuse,  as  defined  by
    49  subdivisions  ten and fifteen of this section, and is computed by divid-
    50  ing the weight of discarded covered products collected and  recycled  or
    51  reused  by  the total weight of discarded covered products collected and
    52  reported to the department by the landfills and solid  waste  facilities
    53  in the state over a program year.
    54    13.  "Representative organization" means a not-for-profit organization
    55  established by a producer  or  a  group  of  producers  to  implement  a
    56  collection program.

        S. 6654                             3

     1    14. "Retailer" means any person who sells or offers for sale a covered
     2  product to a consumer in the state.
     3    15. "Reuse" means donating or selling a discarded covered product back
     4  into  the  market  for  its  original  intended  use, when the discarded
     5  covered product retains its original performance characteristics and can
     6  be used for its original purpose.
     7    16. "Sale" or "sell" means a transfer of title to  a  covered  product
     8  for  consideration,  including  a  remote  sale conducted through a sale
     9  outlet, catalog, website, by telephone  or  through  similar  electronic
    10  means. "Sale" or "sell" includes a lease through which a covered product
    11  is  provided  to  a  consumer  in  the state by a producer, distributor,
    12  wholesaler, or retailer.
    13    17. "Textile" means any item made in whole or in  part  from  natural,
    14  manmade,  or  synthetic fiber, yarn, or fabric, and includes, but is not
    15  limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon,  or
    16  polyester.  "Textile"  does not include disposable hygiene products made
    17  from paper, including, but not limited to, toilet paper, paper towels or
    18  tissues, or disposable absorbent hygiene products.
    19    18. "Textile articles" means textile goods of a type customarily  used
    20  in  households  and  businesses,  and  includes,  but is not limited to,
    21  apparel, accessories, handbags, backpacks, draperies,  shower  curtains,
    22  furnishings,  upholstery,  bedding  towels,  napkins,  and  tablecloths.
    23  "Textile articles" does not include: (a) carpets and rugs as defined  in
    24  title  thirty-three of this article; (b) treatments containing polyfluo-
    25  roalkyl for use on converted textiles or leathers; (c)  component  parts
    26  from  a  vehicle,  as  defined  in section one hundred fifty-nine of the
    27  vehicle and traffic law, such as seats and carpets or  synthetic  floor-
    28  ing; (d) component parts from a vessel, as defined in section two of the
    29  navigation  law, such as seats, synthetic flooring, and boat covers; (e)
    30  filtration media and filter products used  in  industrial  applications,
    31  including,  but not limited to, chemical or pharmaceutical manufacturing
    32  and environmental control technologies; (f) textile articles used in  or
    33  for  laboratory  analysis  and  testing;  (g)  component  parts  from an
    34  aircraft, as defined in section two hundred forty of the  general  busi-
    35  ness law; or (h) stadium shades, architectural fabric structures, or any
    36  permanent  fabric  structure that is intrinsic to a building's design or
    37  construction.
    38    19. "Textile collection program" or "program" means a program financed
    39  and implemented by producers, either individually, or through  a  repre-
    40  sentative  organization,  that  provides for, but is not limited to, the
    41  collection, transportation, reuse, recycling, proper end-of-life manage-
    42  ment, or an appropriate combination thereof, of discarded textiles.
    43  § 27-3403. Producer plan.
    44    1. No later than December thirty-first, two  thousand  twenty-four,  a
    45  producer,  either  individually  or cooperatively in a group with one or
    46  more producers or with a representative organization,  shall  submit  to
    47  the  department  for the department's approval a plan for the establish-
    48  ment of a collection program for covered products.
    49    2. A producer may satisfy the textile collection  program  requirement
    50  of  this section by agreeing to participate collectively with a group of
    51  other producers or with a representative organization. Any such producer
    52  participating collectively in a  collection  program  shall  notify  the
    53  department of such participation.
    54    3.  A  producer,  a  group of producers or representative organization
    55  shall update the plan, as needed, when there are changes proposed to its

        S. 6654                             4

     1  collection program. A new plan or amendment  shall  be  required  to  be
     2  submitted to the department for approval when:
     3    (a) there is a revision of the collection program's goals; or
     4    (b) every three years from the date of approval of a previous plan.
     5    4.  The  plan submitted by the producer or representative organization
     6  to the department under this section shall, at a minimum:
     7    (a) provide a list of each participating producer and brand covered by
     8  the program;
     9    (b) provide information on the products covered by the program;
    10    (c) describe how the producer, group of producers,  or  representative
    11  organization  will  safely  collect,  transport,  recycle,  and  process
    12  covered products;
    13    (d) describe how the  program  will  provide  for  the  collection  of
    14  covered  products, free of cost and in a manner convenient to consumers,
    15  including how the program will achieve,  at  a  minimum,  a  convenience
    16  standard  that  ensures  that  all counties of the state and all munici-
    17  palities that have a population of ten thousand or greater have at least
    18  one permanent collection site and one  additional  permanent  collection
    19  site  for  every  thirty  thousand  people  located in those areas, that
    20  accepts covered products from consumers during  normal  business  hours.
    21  The  producer,  group  of  producers, or representative organization may
    22  coordinate the program with existing municipal waste collection  infras-
    23  tructure as is mutually agreeable. Convenience standards shall be evalu-
    24  ated by the department periodically and the department may require addi-
    25  tional  collection locations to ensure adequate consumer convenience. To
    26  meet such convenience standard, the producer plan may provide  that  the
    27  producer  or  representative  organization  shall  enter  into voluntary
    28  agreements to establish collection sites  at:  (i)  public  and  private
    29  solid waste facilities, transfer stations, landfills, recyclables handl-
    30  ing  and  recovery  facilities that are permitted or registered with the
    31  department; (ii) other suitable sites for the  collection  of  discarded
    32  covered  products;  or  (iii)  retailers  that pick up or accept covered
    33  products from consumers upon the purchase of new covered products.  Such
    34  agreements  may provide for reasonable compensation for the actual costs
    35  these collection sites incur to handle, store, and (if necessary) trans-
    36  port covered products and may supply covered products storage containers
    37  at no cost to participating collection sites;
    38    (e) describe how the discarded covered products  will  be  safely  and
    39  securely transported, tracked, and handled from collection sites through
    40  final recycling and processing;
    41    (f)  describe  the  methods  to  be used to reuse or recycle discarded
    42  covered products to ensure that the components, to the extent  feasible,
    43  are transformed or remanufactured into finished products for use;
    44    (g)  describe the methods to be used to manage or dispose of discarded
    45  products that cannot be recycled or reused;
    46    (h) describe in  detail  education  and  outreach  efforts  to  inform
    47  consumers  and  others  engaged  in  the management of discarded covered
    48  products about the program, including, at a minimum, an internet website
    49  and a toll-free telephone number and written information included at the
    50  time of sale of covered products that provides sufficient information to
    51  allow a consumer to learn  how  to  return  such  covered  products  for
    52  disposal, recycling or reuse;
    53    (i)  describe  how  the program will meet annual performance goals, as
    54  determined by the department in conjunction with the producers or repre-
    55  sentative organization, after the first two years  of  the  program  and
    56  updated  every  two years thereafter, including an estimate of discarded

        S. 6654                             5

     1  covered products that will  be  collected,  reused,  and  recycled  each
     2  calendar year;
     3    (j)  describe  what,  if  any,  incentives  will  be used to encourage
     4  retailer participation;
     5    (k) describe the outreach and education methods that will be  used  to
     6  encourage municipal landfill and transfer station participation;
     7    (l)  describe  the  methods  to  be used to reuse or recycle discarded
     8  covered products;
     9    (m) describe what, if  any,  incentives  will  be  used  to  encourage
    10  retailer participation;
    11    (n)  estimate  the  amounts  of  covered products that were previously
    12  sold, offered for sale, or distributed in the state under  each  produc-
    13  er's name or brand that are discarded in the state annually and describe
    14  the sources of data and methodology for estimating such amount; and
    15    (o) any other information as specified by the department.
    16  § 27-3405. Producer responsibilities.
    17    1.  Beginning  no later than July first, two thousand twenty-five, the
    18  producer or representative organization  shall  implement  a  collection
    19  program utilizing collection sites established pursuant to paragraph (d)
    20  of subdivision four of section 27-3403 of this title.
    21    2.  A  producer shall not sell, or offer for sale, covered products to
    22  any person in the state on or after the required date of  implementation
    23  of  the  collection program under subdivision one of this section unless
    24  the producer is implementing or participating under an approved plan.
    25    3. The collection program shall be free to consumers returning covered
    26  products for disposal, recycling or reuse, convenient, and  adequate  to
    27  serve  the needs of such consumers in all areas of the state on an ongo-
    28  ing basis.
    29    4. A producer, a group of producers,  or  representative  organization
    30  shall  maintain  records demonstrating compliance with the provisions of
    31  this title and make them available  for  audit  and  inspection  by  the
    32  department  for  a period of three years. The department shall make such
    33  records available to the public upon  request  in  accordance  with  the
    34  provisions  of  the state freedom of information law and the regulations
    35  promulgated thereunder. Record holders shall submit the records required
    36  to comply with such request within sixty working days of written notifi-
    37  cation by the department of receipt of the request.
    38    5. Producers, group of  producers,  and  representative  organizations
    39  shall be responsible for the costs associated with the implementation of
    40  the  collection  program,  including  but  not  limited  to  the cost of
    41  collection. Each producer, group of producers, or representative  organ-
    42  ization  shall  pay  fees  established  by the department to cover costs
    43  incurred by the department in the administration and enforcement of this
    44  title. Exclusive of fines and penalties, the department  shall  only  be
    45  reimbursed its actual cost of administration and enforcement.
    46    6.  Any  person  who  becomes  a producer on or after December thirty-
    47  first, two thousand twenty-five shall submit a plan to  the  department,
    48  or  notify  the department that it has joined an existing plan, prior to
    49  selling or offering for sale in the state any covered products and shall
    50  comply with the requirements of this title.
    51    7. Within eighteen months following approval of the producer plan, and
    52  annually thereafter, a producer  or  representative  organization  shall
    53  submit  a  report  to  the  department  that  includes, for the previous
    54  program year, a description of the program including, but not limited to
    55  the following:

        S. 6654                             6

     1    (a) a detailed description of the methods used to collect,  transport,
     2  and  process covered products in the state, including collection methods
     3  made  available  to  consumers  and  an  evaluation  of  the   program's
     4  collection convenience;
     5    (b) identification of all collection sites in the state;
     6    (c)  the  estimated weight of all discarded covered products collected
     7  and reused or recycled pursuant to the textile collection program;
     8    (d) an evaluation of whether the performance goals and recycling rates
     9  have been achieved and a description of any modifications  necessary  to
    10  achieve such goals and rates;
    11    (e)  the estimated weight of discarded covered products and any compo-
    12  nent materials that were collected pursuant to the  collection  program,
    13  but not recycled;
    14    (f) the total cost of implementing the program;
    15    (g)  samples  of all educational materials provided to consumers and a
    16  detailed list of efforts undertaken and an  evaluation  of  the  methods
    17  used  to  disseminate  such materials including recommendations, if any,
    18  for how the educational component of the program can be improved; and
    19    (h) any other information required by the department that is  relevant
    20  to the requirements of this title.
    21    8.  (a)  A  producer or the representative organization that organizes
    22  the collection, transport and processing  of  covered  products,  in  an
    23  action solely to increase the recycling of covered products by a produc-
    24  er,  representative  organization,  or tailor that affects the types and
    25  quantities being recycled or  the  cost  and  structure  of  any  return
    26  program  shall  not be liable for any claim of a violation of antitrust,
    27  restraint of trade or unfair trade practice arising from conduct  under-
    28  taken in accordance with the program pursuant to this section.
    29    (b)  Notwithstanding any contrary provision of this section, paragraph
    30  (a) of this subdivision shall not apply to any agreement establishing or
    31  affecting the price of covered products sold to consumers in  the  state
    32  or  the  output  or  production  of  covered  products  or any agreement
    33  restricting the geographic area or customers to which  covered  products
    34  will be sold.
    35  § 27-3407. Retailer, distributor and wholesaler responsibilities.
    36    1.  Beginning  July  first,  two  thousand  twenty-five,  no retailer,
    37  distributor, or wholesaler may sell or offer for sale  covered  products
    38  in  the state unless the producer of such covered product is participat-
    39  ing in a collection program. A retailer shall be in compliance with this
    40  section if, on the date the covered products are offered for  sale,  the
    41  producer  is  listed  on  the  department's  website  as implementing or
    42  participating in an  approved  collection  program  or  if  the  covered
    43  products  brand  is listed on the department's website as being included
    44  in the program.
    45    2. Any retailer, distributor, or  wholesaler  may  participate,  on  a
    46  voluntary  basis,  as  a  designated  collections  site  pursuant  to  a
    47  collection program and in accordance with all applicable laws and  regu-
    48  lations.
    49  § 27-3409. Department responsibilities.
    50    1.  The  department  shall  maintain  a  list of producers, retailers,
    51  distributors, and wholesalers who are in compliance with this title  and
    52  post such list on the department's website.
    53    2.  The  department  shall  post  on  its  website the location of all
    54  collection sites identified to the department by  the  producer  in  its
    55  annual reports.

        S. 6654                             7

     1    3.  The  department  shall  post  on  its  website  each producer plan
     2  approved by the department.
     3    4.  Within ninety days after receipt of a proposed plan or plan amend-
     4  ment, the department shall approve or reject such plan or plan amendment
     5  based on whether such proposed plan  or  plan  amendment  satisfactorily
     6  meets  the  requirements  of subdivision four of section 27-3403 of this
     7  title. If the plan or plan amendment is approved, the  department  shall
     8  notify  the  producer  or representative organization in writing. If the
     9  department rejects the plan or  plan  amendment,  the  department  shall
    10  notify  the  producer  or representative organization in writing stating
    11  the reason for rejecting the plan  or  plan  amendment.  A  producer  or
    12  representative  organization  whose  plan  is  rejected  shall  submit a
    13  revised plan to the department within thirty days of receiving a  notice
    14  of  rejection.  If  the producer or representative organization fails to
    15  submit a plan that is acceptable to the department because it  does  not
    16  meet  the  requirements  of  subdivision four of section 27-3403 of this
    17  title, the department shall modify a submitted plan to make  it  conform
    18  to the requirements of such subdivision and approve it.
    19    5.  The  department shall submit a report regarding the implementation
    20  of this title to the governor and legislature by April first, two  thou-
    21  sand twenty-five and every year thereafter. The report shall include, at
    22  minimum, an evaluation of:
    23    (a) the stream of covered products in the state;
    24    (b)  disposal,  recycling,  and  reuse  rates  in  the  state  covered
    25  products;
    26    (c) a discussion of compliance and enforcement related to the require-
    27  ments of this title; and
    28    (d) recommendations for any changes to this title.
    29  § 27-3411. Labeling requirements.
    30    One year after the plan is approved  by  the  department  pursuant  to
    31  section 27-3409 of this title, covered products sold or offered for sale
    32  in  the  state  shall be accompanied by the name of the producer and the
    33  producer's contact information.
    34  § 27-3413. Textile stewardship advisory board.
    35    1. There  is  hereby  established  within  the  department  a  textile
    36  collection program advisory board to make recommendations to the commis-
    37  sioner regarding program operator plans required by this title.
    38    2.  The board shall be composed of twelve voting members. Such members
    39  shall include:
    40    (a) one representative of textile producers;
    41    (b) two representatives of textile retailers;
    42    (c) one representative of textile recyclers;
    43    (d) two representatives of textile collectors;
    44    (e) one representative of a company that  utilizes  discarded  covered
    45  products to manufacture a new product;
    46    (f) one representative from a statewide environmental organization;
    47    (g) one representative from a statewide waste disposal association;
    48    (h) one representative from the New York product stewardship council;
    49    (i) one representative from a consumer organization; and
    50    (j) one representative from a statewide recycling organization.
    51    3. The members shall be appointed as follows:
    52    (a)  two  members  to  be  appointed by the temporary president of the
    53  senate;
    54    (b) two members to be appointed by the speaker of the assembly;
    55    (c) one member to be appointed by the minority leader of the senate;

        S. 6654                             8

     1    (d) one member to be appointed by the minority leader of the assembly;
     2  and
     3    (e) six members to be appointed by the governor.
     4    4.  Such  appointments  shall  be  made no later than the first day of
     5  January following the date on which this title takes effect. The members
     6  shall designate a chair from among the members by majority  vote.  Board
     7  members  shall  receive  no  compensation but shall be entitled to their
     8  necessary and actual expenses incurred in the performance of their board
     9  duties.
    10    5. The board shall meet at least biannually by call of the chair.
    11  § 27-3415. Multi-state cooperation.
    12    In the  event  that  another  state  implements  a  textile  recycling
    13  program,  the  program  operators  may  collaborate  with  such state to
    14  conserve  efforts  and  resources  used  in  carrying  out  the  textile
    15  collection  program,  provided such collaboration is consistent with the
    16  requirements of this title.
    17  § 27-3417. Enforcement and penalties.
    18    Any producer, representative organization, or retailer who is found to
    19  not have made a good faith effort to comply with  any  provision  of  or
    20  fails to perform any duty imposed pursuant to this title shall be liable
    21  for  a  civil  penalty  not  to  exceed  five  hundred  dollars for each
    22  violation and an additional  penalty  of  not  more  than  five  hundred
    23  dollars for each day during which such violation continues. Civil penal-
    24  ties  under  this  section  shall  be assessed by the department after a
    25  hearing or opportunity to be heard pursuant to the provisions of section
    26  71-1709 of this chapter.
    27  § 27-3419. Rules and regulations.
    28    The department is hereby authorized to promulgate any rules and  regu-
    29  lations necessary to implement this title.
    30    §  2. Section 71-1701 of the environmental conservation law is amended
    31  to read as follows:
    32   § 71-1701. Applicability of this title.
    33    This title shall be applicable to the enforcement of titles 1  through
    34  11  and  titles  15  through  19  of article 17; article 19; and [title]
    35  titles 1 and 34 of article 27 of this chapter.
    36    § 3. Section 71-1701 of the environmental conservation law, as amended
    37  by chapter 795 of the laws of 2022, is amended to read as follows:
    38   § 71-1701. Applicability of this title.
    39    This title shall be applicable to the enforcement of titles 1  through
    40  11  and  titles  15  through  19 of article 17; article 19; and titles 1
    41  [and], 33 and 34 of article 27 of this chapter.
    42    § 4. This act shall take effect immediately;  provided,  however,  the
    43  amendments to section 71-1701 of the environmental conservation law made
    44  by  section  three of this act shall take effect on the same date and in
    45  the same manner as section 2 of chapter 795 of the laws of  2022,  takes
    46  effect.