Ep.132: Legislation to support textile recycling

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Ep.132: Legislation to support textile recycling

WTiN Textile Innovation Podcast speaks to Jessica Franken, director of government affairs at Secondary Materials and Recycled Textiles Association (SMART).

WTiN: Hello, and welcome to Textile Innovation, hosted by WTiN. My name is Abi, and I'm the Features Editor and your podcast host. Each month, we will be joined by a special guest. So join me and my colleagues as we deep dive into what's new, what's interesting, and what unmissable innovations have hit the market recently. We cover everything on the podcast, from sustainability to startups and the latest research and development. Plus, we quiz the experts in the field about their products and ideas across the huge spectrum that is the textile industry. So no matter what your interest is, WTiN have you covered, and we can connect you to everything you need to know right here from our central hub in the UK.

Today, I am joined by Jessica Franken, Director of Government Affairs at SMART. SMART stands for Secondary Materials and Recycle Textiles Association. It is based in the US and is revolutionising the global textile industry by promoting the reuse and recycling of textiles to drive a more sustainable and circular economy. A trade association representing for -profit businesses involved in the reuse, recycling, and trade of textiles and related secondary materials. SMART is part of the change towards a greener and more responsible future. Jessica, who is a leading advocate for sustainability and circularity in textiles, speaks about her work across local and national governments to shape legislation supporting textile recycling and environmental responsibility.

Hi, Jessica. Thank you for coming on WTiN's Textile Innovation Podcast. Please, could you tell me about your background in textiles?

Franken: Thank you so much for having me, Abi. I'm so glad to be here. In terms of my background in textiles, I actually started out more on the policy side of things. I studied public policy as an undergraduate. I have my master's degree in public policy and I held several positions. Both paid and unpaid in the United States Congress. So my connection to textiles came a little bit later in my career around in my mid 20s when I was working for a trade association management firm that. provided government affairs and public policy services for their trade association clients.

And I ended up having the opportunity to work with two separate groups that were in the broader textile sector, SMART, which is the Secondary Materials and Recycled Textiles Association, which I know is the focus of today's conversation, and INDA, which is the association that represents the nonwoven fabric industry. And these two groups are, you know, the products that they represent are quite different in terms of the types of textiles they are. Nonwoven fabrics are newly manufactured items, while smart members deal in textiles that are being recycled or reused or repurposed in some way. But from a policy perspective, there was a lot of common ground between these two groups when it comes to topics like international trade policy, certainly the focus on sustainability and what that means for their respective segments of the industry, and now even more so responsible product management.

So that overlap really drew me in. And, you know, I've really come to love textiles. Maybe that sounds silly, but, you know, they're a legacy. but they're also, the technologies, they're constantly evolving and adapting to things that are going on in the world and consumer needs. And that just makes it really interesting. And they're also, again, from the policy side of things, they're at the crossroads of global trade, environmental policy, like I said, And of course, have such a real impact on all of us, you know, and I think kind of understanding that textiles, they're everywhere, they do affect all of us. It just means that the work that we do has a lot of real impact. that can be visualized on a daily basis. Then the community is something that I've grown to really value as well. Many of these companies that I've been working with are multi -generational, with people who are deeply passionate about the work that they do. It's really that sense of community, and continuity that has made the work really gratifying for me.

WTiN: And you touched upon it then, obviously, your work with SMART. What are the main challenges you have identified in terms of government support in sustainability and circularity and textiles in the US? And how does SMART address this?

Franken: Yeah, I think one of the main challenges, at least in the United States, is that support for textile sustainability is pretty fragmented at this point in time. Unlike the European Union, you see a more comprehensive national framework, and then the different member states obviously adopting policies that reflect what's been to as part of that broader framework. The activity here in the United States is not really focused on at the federal level, but it's happening at the state level. And when you have potentially 50 different states working on policy, As you can imagine, these different comments, the policies, and the understanding can vary quite a bit from state to state. And sometimes those policies that are being adopted at the state level don't necessarily take into account operational realities or, frankly, from SMART's perspective, the already existing reverse supply chain that SMART members represent and the work that we're already doing to divert billions of pounds of textiles from each year. And there's also sometimes in the United States, again, a disconnect between what's going on between the different levels of government. So you've got the states, as I mentioned, that are starting to focus on the idea of extended producer responsibility and pushing those kinds of activities forward. But then at the same time, you've got at the local level a number of communities probably numbering in the hundreds, if not more, that are actually doing things like restricting or effectively banning clothing collection bins, which are one of the primary ways that the public are able to donate and return their goods to this reverse supply chain. And I think that navigating these kinds of divisions between the different levels of government at times can be challenging and certainly requires a lot of extra education and engagement. And then, you know, we also have kind of this other level of government at the international level, where, you know, we're starting to see some challenges with the narrative that second hand exports of used clothing are just waste dumping.

And that narrative has been really problematic and just doesn't reflect the facts. Credible studies repeatedly have shown that some 90 % of textiles that are being exported from countries like the United States are actually reused in the receiving countries. They're not waste. And only a small fraction of those materials are not suitable for future reuse. But the misperception that has been touted, I mean, there are figures that say that, you know, the levels of waste are much higher, but they're not rested on any kind of really credible studies, but they keep getting repeated over and over again.

And the problem with that is that this misinformation fuels trade restrictions that can limit circularity. And more importantly, for the receiving countries, it cuts off their access to to affordable apparel and the local market activity and jobs that are created in these communities that receive these items. So there's real risk here with this misinformation. But I do think that there is opportunity here by recognizing that infrastructure that already exists Does in fact exist and finding some alignment across the levels of government with a lot of shoe leather and behind the work scenes to educate. I think that can hopefully shift the conversation to the importance of research. figuring out ways to further support these activities. And we do see kind of growing dialogue about that and recognition that, you know, again, from the perspective of the broader waste hierarchy, you know, the understanding that reuse is much higher up that chain, certainly than disposal of these goods, but even as compared to recycling. And there seems to be real recognition of that. and recognition that there is, you know, the opportunity to support that. And I think that that, you know, has the potential with that growing awareness, there's a potential to further enhance textile circularity.

WTiN: Amazing and just stepping back a bit then, so how do you work with governments to address the issues you just touched upon and how do you and do you alter the way you communicate say with local governments compared to national if that makes sense?

Franken: Yeah, sure. I mean, I think at any level of government, what we try to do is prioritize early, proactive engagement with public officials whenever it's possible. So the instant that we hear of any discussion that's going on behind the scenes at the policy level, we try to engage early and often. And we try to work with those public officials at every level of government. to help them understand how our industry works, the contributions we're making, what the existing infrastructure is like, again, kind of the support that our industry provides, not just here, but also abroad.

So really just educating them from a holistic view, which sometimes can be hard for policymakers to get a clear picture of. And, you know, in terms of, you know, our engagement at the different levels of government, I think probably one of the more challenging areas can be for us kind of making contact with local governments, because in the United States, I mean, there's I can't remember what the number is, but there over 10,000 municipalities in the United States. So it can be difficult, obviously, to make contact with every single one of them. And a lot of times, these local governments tend to be a little bit more reactive to local issues that are impacting their communities and maybe not quite as dialled in on some of those big picture issues that are being addressed at this to state, national, and international level. So I think that, again, kind of when we have an opportunity to engage, when we have a company that we represent that has a constituent interest in any of these jurisdictions, we oftentimes will try to leverage that in order to gain access. And then once we have that access, we take advantage of it, like I said, by trying to explain who our industry is and what we do, and like I said, the contributions that we're making. So I hope that answers the question. the questions, kind of a long response.

WTiN: No, it does. That is crazy how many governments that there are in the States. I did not know it was that big.

Franken: Yeah, it's pretty wild.

WTiN: And looking on the global front again, obviously there is more demand this day for circularity in textiles. But what do you believe are the biggest barriers facing the industry from implementing more circular practices?

Franken: Yeah, I think that there is obviously, as you said, growing global demand for circularity in the textile industry right now. And I think that in terms of the barriers that we see, we have problems like that policy fragmentation that I mentioned at the beginning of our discussion, where, you know, you have that absence of kind of a national regime that promotes circular or circularity and textiles kind of guiding the lower level of governments. So and then, as I've mentioned, with that fragmentation, you have, you know, governments may be taking different approaches and adopting different frameworks at the state level, which has the potential to create a patchwork of oftentimes conflicting regulations, which from the industry side of things, and I'm thinking more in particular about the manufacturers of textiles and apparel, has the potential to really be complicated and hinder their ability to operate. And certainly, our members would be impacted by that as well. But I think, again, the fragmentation and the lack of any kind of federal overarching framework is really a challenge. And then I think another challenge is that there are economic pressures, because circular practices oftentimes do carry higher costs in the short term, which Makes them less attractive unless there's some sort of subsidy or government support or other type of funding or a clear return on investment or frankly government mandate.

And then, of course, there are some technological limitations involving textiles. Certainly, I'm sure you're aware, but textiles are made from blended or chemically treated materials. And they're oftentimes difficult to recycle with the current technologies that are available. And I think that policymakers are have a lot of opportunity thinking how to say this diplomatically. There's a lot of opportunity for education when it comes to the different chemical recycling technologies. And by the way, I count myself in that. There's so much to learn. And there does at times tend to be kind of a knee -jerk reaction to some of the technologies, including chemical recycling, which a lot of lawmakers, certainly at the state level, I'm sure at the federal level as well, well, you know, have concerns about those technologies without really understanding the whole universe of what those technologies encompass, and also maybe without understanding that textiles, because they are a particularly complex type of product category in terms of how they're composed, you know, they may require that we utilize some of these technologies that some of these lawmakers may be resistant to in order to be able to recycle them effectively.

So, you know, I think those kinds of needs to educate our potential barrier. And then, as I mentioned earlier, the trade and market restrictions and the potential for that, and particularly specific policies that look to restrict the export or import of second hand textiles, again, typically based on that misconception that they are waste. you know, these kinds of unfair and I would say ill -advised restrictions are going to hinder the global movement of, you know, reusable textiles and ultimately undermine the circularity of textiles, at scale at least.

WTiN: Thank you, that does make sense. And yes, blended fabrics and recycling is something that we are hearing a lot about at the moment. But obviously you mentioned your members there, but please could you tell me a bit more about who your members are and what effective change looks like to them?

Franken: Well, our members are companies that are involved, as I mentioned earlier, in the reverse supply chain of the textile industry. So these are companies that are involved in kind of the primary infrastructure for handling either pre -consumer textiles that are no longer useful in the traditional sense or post -consumer textiles that have reached their end of life with consumers. And these are companies that are involved in the collection, the sorting, the grading, the processing, figuring out ways to repurpose these materials, either by reselling them here domestically in thrift stores or exporting them globally to secondhand markets that really, where the public there relies upon these materials in order to have access to affordable quality apparel. And then of course, we have members that are also involved in repurposing these materials for other kinds of products, including things like insulation and carpet padding and more. And then finally, companies that are working on the recycling of textiles, which we were just talking about. So it's really the whole spectrum. But, you know, these are companies, again, that are kind of have been around. The Industry Association itself has actually been around since 1932, but our industry has been around for much longer than that.

And we've basically been doing this work to manage textiles and do everything that we can to keep textiles out of landfill the whole time. In fact, it's led our association to adopt the tagline, smart was green before green was smart, which is, I think, pretty indicative of the work that we've been doing for a long time. I think in terms of what effective change is, looks like, I think it would mean kind of advancing policies, EPR or otherwise, that actually work on the ground. So not just kind of writing big policy goals, but also thinking about what will actually make those policy goals achievable and effective and what they're trying to achieve. I think in the context of reuse and recycling of textiles and the recent EPR push, here in the U .S. and abroad. It means creating EPR programs that are practical and supportive of the businesses that are already doing this work and quite frankly have the vast expertise that I mentioned to make it the most efficient and effective.

You know so at SMART as I touched upon earlier, we are always pushing for solutions that recognize the value of reuse. and that make it easier for materials to stay in circulation. So that includes supporting the use of more durable materials and sustainable inputs when these products are being made, and I think also providing funding opportunities for those companies and brands that are doing the good work and working to expand these efforts overall, like our members. I think it's not just about policy. I think it's also about people. I think that real change only happens when everybody is at the table and actually talking to one another. And in this context, that means that having from our industry side of things, the collectors, the sorters, the recyclers, the re-users, the thrift stores, and the exporters really having the opportunity to interact directly with the other pieces of the value chain, including the brands, as I mentioned, and the textile manufacturers, and the charities that are also part of this value chain, and the various environmental and other NGOs that have an interest in this, and certainly the government officials. That there's a lot that we all don't know about our respective pieces of the value chain. We're all trying to educate ourselves as much as possible, but I think it's only going to happen if we talk to each other on a regular basis. And I am seeing signs of that, and I'm very encouraged. I mean, again, as you probably gathered, I've worked with the textile industry, or I alluded to this. I don't want to age myself, but it was since my mid -20s, and I'm now 50. So I have the conversation around textile recycling has been going on pretty much that whole time. And so I am gratified to see that there are more conversations being had, probably out of necessity, again, because these government mandates are pushing things forward. But I think the end result is a positive, no matter how you look at it.

WTiN: Obviously, you've spoken about extended producer responsibility. Could you tell me more about your work with the Responsible Textile Recovery Act of 2024, which I believe is the first EPR law in the US focused on textiles. Do you forgive me if I'm wrong about that?

Franken: No, you're right.

WTiN: Oh, amazing.

Franken: You're absolutely right. No, it is The Responsible Textile Recovery Act, as you mentioned, it was also the bill number, and I'm only mentioning it because a lot of people know it this way. The bill number was SB 707. It was a landmark piece of legislation here in the United States. It was the first textile EPR law, and SMART was quite engaged throughout the whole process, thankfully. We did work closely with the lead bill author at the time, as well as the leading proponent for the legislation, an organization called the California Product Stewardship Council, or also known as the CPSC, they provided or they played a key role in driving that legislation forward. And we're very active both with the bill author and CPSC in advancing a really participatory stakeholder process, really appreciated. We participated in this wide -ranging stakeholder process, and it was truly all -encompassing.

It included representatives from the brands, from retailers, collectors, again, like our members, and recyclers, and resellers, and charities, and the environmental groups, and others. So it really, I thought, did a good job at bringing together the different stakeholders that have an interest in this. And throughout our process, our top priority, again, was making sure that the law reflects the realities of how textile reuse and recycling systems work today. So that really meant advocating strongly for an inclusive program design, you know, allowing for the different players that are already doing this work to fully participate in the EPR program. and to leverage the expertise, again, that the companies, the types of companies that we represent, you know, have to share. And we did make it clear that if EPR is going to work, it can't treat reuse and recycling as afterthoughts. That, in particular, has to obviously be built in from the start. And we do recognize, again, as the novel piece of legislation that it is, there's still a lot that we don't know about the actual impacts that it'll have on our industry and so many others. And that's a universal perspective. Anytime you have a new piece of broad sweeping legislation, questions such as this, you know, there can be a lot of question marks about what the impacts will be. But, you know, we are really pleased to have been included in the stakeholder process and will continue to be engaged because now that the legislation, you know, has been passed and signed into law, the next phase of this process is the regulatory process in which the lead agency, CalRecycle, will, you know, determine the implementing regulations to make this law a reality. So we'll continue to remain in that dialogue as well.

WTiN: Amazing. I don't know if this question is a bit, maybe looking a bit too far in the future, but obviously this is significant for California. But do you believe that this kind of legislation is possible on a wider, more national level? And what would that mean for the US's position globally?

Franken: Yeah, it's a great question. It's really, it's kind of the million dollar question right now. Is national legislation like this possible in the United States?

Again, diplomatically, technically, yes. But realistically, I think it will be tough in the near term. We're in a moment where there's real momentum around textile circularity here in the US. And obviously, as I mentioned, California was a leader on that. But at the federal level, I'm sure you've probably heard that we're facing a pretty significant logjam here in the U .S. Congress, and a lack of activity overall due to high levels of partisanship there. And that's been the case for many years now. So there's really been very limited bipartisan movement on big initiatives overall, and certainly on environmental initiatives at this point. in time in Congress and at the federal level. So while I think that we could see a national framework eventually, I do not think it's around the corner anytime soon, certainly not for the next few years. And even beyond that, it's hard to say. But that, of course, doesn't mean that policymakers or we should be sitting back and waiting, and clearly they aren't. In fact, I think it's that lack of activity. at the federal level that has really pushed the states to move forward on their own, recognizing that they can no longer necessarily look to the federal government to lead on these types of issues. And so obviously, as we've talked about, California was the first one to get it done. But now other states are considering textile EPR here in the US, including Washington state and the state of New York. and there are rumblings from some other states that haven't officially launched this. process but have expressed an interest as well. And I think that to the extent that these states can work together to, you know, build something that is harmonized, you know, and you know, doesn't create conflicts between the requirements, I do think that there's an opportunity to, you know, expand EPR throughout the country in a way that maybe achieve some of the overall goals that that would have been accomplished had the federal government been taking more of a lead on it. But again, I think this comes back to making sure that the states are talking with one another and harmonizing their approach in order to make it workable, because a patchwork of conflicting regulations is never good for anybody. It just kind of creates a mess rather than an efficient system, which I think is what we're all hopeful for.

WTiN: And with that in mind, looking a little bit smaller, what advice would you give manufacturers or brands who are looking to adopt more of these circular practices, or advice to those who have not yet embarked on circularity or sustainability programmes?

Franken: Yeah, again, great question. I think my advice for, like you said, the manufacturers and brands that are looking to get more involved in this circularity work, I think I would start by getting really clear on where your products go after the point of sale.

I think also there are a lot of brands that are focusing on design for sustainability, and that should continue to be the case and also hopefully expanded, again, because I know there are a lot of issues. with fast fashion and the impacts that that's had throughout, you know, again, the whole reverse supply chain and the environment overall. But I think for those manufacturers, even that are already focusing on designing for sustainability, they Do you need to kind of think about end of life, and you know how that product is going to be handled. been used by a consumer? Can it be reused, repaired, resold? And who's actually going to do that work? And I think these EPR programs are obviously trying to force the hands of brands and manufacturers to really be thinking about how those materials are going to be managed at end of life.

As far as those that are interested in pursuing circular practices, I would say don't try to reinvent the wheel. Again, there's a whole industry represented by smarts member companies that have been doing this textile reuse and recycling, again, for over a century. So I think interacting with members of our industry partnering with the companies that already know how to keep these materials in circulation in the most efficient and effective way possible is probably the best piece of advice that I can give. Circularity is not just about technological innovation, that's certainly a piece of it, but it's also about infrastructure again, which, you know, we have contributed to building, uh, the many decades, but also knowledge and expertise. And again, our industry, the charities that oftentimes receive these materials at end of life, we really are the experts when it comes to managing these materials in a circular fashion. And then I think the other thing to say is, for those who haven't started doing this work, Yet, I think that, you know, be aware that the longer that you wait, the harder it's going to be to catch up. You know, whether it's new regulations, shifting consumer expectations, supply chain pressures, or whatever it is, circular practices are moving from a nice thing to have to a must have.

So I think from the policy standpoint, I would say to any company that's still hesitating, I would really push them to get past that hesitation and get involved. see what you can do to participate in these various stakeholder processes that I mentioned. I have learned so much in doing that and I think others can as well. I think that reaching out to your legislators and regulators to see what various requirements might be and to talk more about, you know, how your business works is always going to be helpful both to you and to those policymakers that are, you know, trying to build a viable model for managing these materials.

WTiN: That's really interesting. My final question for you is, if you are able to comment on this, but moving forward, what is SMART focusing on at the moment?

Franken: Yeah, thank you. Looking ahead, I think a big focus for us is the topic of traceability, which is really focused on understanding where textiles go once they've left the hands of the consumer and they've entered into the reuse and recycling stream. We are currently involved in a couple of studies right now that are looking to map that journey through the reverse supply chain, which is helping to bring a lot more clarity to how those systems work in a way that we can share with those people who are on the outside looking in.

And then at the same time, as you can imagine, we're going to continue to stay engaged on the topic of EPR at every level of government. So like I said, the focus here in the US is at the United or at the state level. But there are also other international governments that are working on it as well. So we're doing what we can to remain engaged and understand what those policies are and what the implications would be for our industry. We're also very active in global discussions, like at the United Nations level, and specifically the Basel Convention, where definitions of waste and rules around the trade of these second hand materials are being set, because those decisions are going to directly impact the ability for us to keep these textile materials in circulation and out of landfills. So the bottom line for us right now is we're very busy. And the picture is a little bit unsettling. But it's also a really exciting time to be doing this work. This topic is, like I said, you know, being discussed at every level of government, the public is interested in it, there are documentaries, you know, addressing these topics.

And it's just, kind of constantly shifting and evolving. And again, it kind of, for me, it brings together all of the reasons that I've enjoyed working with this industry for so long. So, you know, lots going on. But, you know, we're doing everything we can to stay actively engaged in the process.

WTiN: Thank you so much, Jessica. I'm very excited to see what happens in the future. It sounds like there are some fantastic initiatives going on and it'll be great in the long term to see how these all play out. Thank you for joining me today on the WTiN Textile Innovation Podcast.

Franken: Thank you so much for having me.

WTiN: Thank you so much for listening. If you have any questions or want to learn more, you can follow us on LinkedIn at World Textile Information Network, or you can contact me directly at content at wtin.com. If you are interested in sponsoring an episode of the podcast, please email sales@wtin.com. Thank you and we'll see you next time.