The text of the SB 707 runs into more than 10,000 words, but the long and short of it would be something like this:
The Responsible Textile Recovery Act of 2024 would require a producer of apparel, as defined, or textile articles, as defined, to form and join a producer responsibility organisation, or PRO for short. The PRO would have to be approved by theDepartment of Resources Recycling and Recovery (or a successor agency)pursuant to the requirements of the bill. The department will have to adopt regulations to implement the programme no earlier than 1 July 2028.
The PRO will have to submit to the department, for approval or disapproval, a complete plan for the collection, transportation, repair, sorting, and recycling, and the safe and proper management, of apparel and textile articles in the state. Upon approval of a plan, or commencing 1 July 2030, whichever is earlier, a producer would be subject to specified civil penalties, unless the producer is a participant of a PRO and all apparel and textiles are accounted for in the plan.
The PRO will have to review the plan at least every five years after approval. A PRO will also have to submit an annual report to the department. All reports and records will have to be provided to the department to be provided under penalty of perjury. By expanding the scope of the crime of perjury, there would be a state-mandated local programme. There would be restricted public access to certain information collected for the purpose of administering the programme.
The department will post on its internet website a list of producers that are in compliance with the requirements of the programme. PROs will o pay fees to the department, not to exceed the department’s actual and reasonable regulatory costs to implement and enforce the act.
The Act establishes a Textile Stewardship Recovery Fund in the State Treasury for the deposit of all monies received from PROs and would make the monies in the fund available to the department, upon appropriation by the Legislature, for purposes of the programme.
The department has also been authorised to impose administrative civil penalties for a violation of the programme requirements, not to exceed $10,000 per day, or not to exceed $50,000 per day for an intentional or knowing violation, as specified.
Moreover, the Act will create a Textile Stewardship Recovery Penalty Account in the fund for the deposit of penalties, which would be available for expenditure upon appropriation by the Legislature.
Besides, there would be an online marketplace to notify the department and the PRO of all third-party sellers with sales of apparel or textile articles over $1,000,000 sold on their online marketplace in the preceding year and provide all required information, as specified, and to provide those sellers with information regarding the related laws governing the PRO plan.
The official Summary of the SB 707 says: “Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.”
[This article will be updated as and when reactions from various stakeholders become available.]
