S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11682

                          I N  A S S E M B L Y

                             August 4, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Maisel) --
  read once and referred  to  the  Committee  on  Consumer  Affairs  and
  Protection

AN ACT to amend the public service law, in relation to prohibiting tele-
  phone  corporations from delivering a telephone directory to any resi-
  dential telephone customer who has not submitted a request for such  a
  directory; to amend the general business law, in relation to authoriz-
  ing  persons  to provide notice to the publisher or distributor of any
  telephone directory that he or she does  not  want  such  a  directory
  delivered  to  his  or  her  residence; and to amend the environmental
  conservation law, in relation to telephone directory recycling

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 94 of the public service law is amended by adding a
new subdivision 5 to read as follows:
  5.  (A) THE COMMISSION SHALL ESTABLISH RULES AND REGULATIONS PROVIDING
THAT TELEPHONE CORPORATIONS SHALL ONLY BE REQUIRED TO PROVIDE  TELEPHONE
DIRECTORIES  TO  THOSE  RESIDENTIAL  CUSTOMERS WHO ELECT TO RECEIVE SUCH
DIRECTORIES. EVERY RESIDENTIAL CUSTOMER SHALL BE NOTIFIED OF HIS OR  HER
OPTION  TO  RECEIVE  A TELEPHONE DIRECTORY IN WRITTEN OR ELECTRONIC FORM
AND THE MANNER IN WHICH TO EXERCISE SUCH OPTION IN EACH OF  THE  FOLLOW-
ING:
  (1) THE CUSTOMER'S MONTHLY SERVICE BILL;
  (2) EVERY AUTOMATIC PAYMENT RECEIPT; AND
  (3)  UPON  THE  FRONT COVER AND IN THE TABLE OF CONTENTS OF EACH TELE-
PHONE DIRECTORY PROVIDED BY THE TELEPHONE CORPORATION.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION, "TELEPHONE DIRECTORY"  SHALL
MEAN A PUBLICATION LISTING:
  (1)  THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF LOCAL BUSINESSES BY
TYPE, AND CONTAINING ADVERTISEMENTS PROMOTING THOSE  BUSINESSES  OR  THE
PRODUCTS THEY SELL; OR
  (2)  THE  NAMES,  ADDRESSES  AND  TELEPHONE NUMBERS OF INDIVIDUALS AND
LOCAL BUSINESSES IN ALPHABETICAL ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17827-02-0
              

A. 11682                            2

  S 2. The general business law is amended by adding a new section 336-c
to read as follows:
  S  336-C. DELIVERY OF TELEPHONE DIRECTORIES; OPTION TO REFUSE.  1. FOR
THE PURPOSES OF THIS SECTION, "TELEPHONE DIRECTORY" MEANS A  PUBLICATION
LISTING:
  (A)  THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF LOCAL BUSINESSES BY
TYPE, AND CONTAINING ADVERTISEMENTS PROMOTING THOSE  BUSINESSES  OR  THE
PRODUCTS THEY SELL; OR
  (B)  THE  NAMES,  ADDRESSES  AND  TELEPHONE NUMBERS OF INDIVIDUALS AND
LOCAL BUSINESSES IN ALPHABETICAL ORDER.
  2. EVERY TELEPHONE DIRECTORY WHICH IS DISTRIBUTED BY ANY PERSON,  THAT
IS  NOT  A  TELEPHONE  CORPORATION,  UNLESS UPON THE FRONT COVER THEREOF
THERE IS PRINTED IN BOLD FACE TYPE IN TWENTY-FOUR POINT FONT OR  LARGER,
THE FOLLOWING:
  (A)  A  STATEMENT  THAT  READS: "IF YOU NO LONGER WISH TO RECEIVE THIS
DIRECTORY,   PLEASE   CALL    THE    FOLLOWING    TOLL-FREE    TELEPHONE
NUMBER                 OR   ACCESS   THE  FOLLOWING  INTERNET  WEB  SITE
ADDRESS                       .";
  (B) THE DISTRIBUTOR'S TOLL-FREE TELEPHONE NUMBER; AND
  (C) THE DISTRIBUTOR'S INTERNET WEB SITE ADDRESS.
  3. EVERY SUCH PERSON DISTRIBUTING TELEPHONE DIRECTORIES  SHALL  ACCEPT
NOTIFICATIONS  FROM INDIVIDUALS DECLINING DELIVERY OF A TELEPHONE DIREC-
TORY AND  SHALL  MAINTAIN  AN  ELECTRONIC  DATABASE  OF  THE  NAMES  AND
ADDRESSES OF ALL SUCH INDIVIDUALS.
  4.  NO  DISTRIBUTOR OF TELEPHONE DIRECTORIES, WHICH IS NOT A TELEPHONE
CORPORATION, SHALL DELIVER A TELEPHONE DIRECTORY TO ANY  INDIVIDUAL  WHO
HAS PROVIDED NOTICE DECLINING SUCH DIRECTORY.
  5.  ANY  DISTRIBUTOR  WHICH  KNOWINGLY VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE GUILTY OF A MISDEMEANOR.
  S 3. Article 27 of the environmental conservation law  is  amended  by
adding a new title 29 to read as follows:
                                 TITLE 29
                      TELEPHONE DIRECTORY RECYCLING
SECTION 27-2901. DEFINITIONS.
        27-2903. DISTRIBUTOR RESPONSIBILITIES.
        27-2905. PROHIBITED DISPOSAL.
S 27-2901. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "DISTRIBUTOR" MEANS ANY PERSON OR ENTITY ENGAGED IN THE PUBLICATION
OR DISTRIBUTION OF TELEPHONE DIRECTORIES.
  2. "TELEPHONE DIRECTORY" MEANS A PUBLICATION LISTING:
  A.  THE  NAMES, ADDRESSES AND TELEPHONE NUMBERS OF BUSINESSES BY TYPE,
AND CONTAINING ADVERTISEMENTS PROMOTING THOSE BUSINESSES OR THE PRODUCTS
THEY SELL; OR
  B. THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF INDIVIDUALS AND BUSI-
NESSES IN ALPHABETICAL ORDER.
  3. "INCINERATOR" SHALL HAVE THE SAME MEANING AS  PROVIDED  IN  SECTION
72-0401 OF THIS CHAPTER.
  4.  "LANDFILL"  SHALL  HAVE  THE  SAME  MEANING AS PROVIDED IN SECTION
72-0401 OF THIS CHAPTER.
  5. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA  OF  THE  GENERAL
MUNICIPAL LAW.
  6.  "RECYCLABLE  MATERIALS" MEANS RECYCLABLE COMPONENTS OF SOLID WASTE
WHICH HAVE BEEN SEPARATED FROM OTHER SOLID WASTE  PURSUANT  TO  A  LOCAL
RECYCLING LAW.

A. 11682                            3

  7. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
OWNED  OR  OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN A RECYCLA-
BLES  HANDLING  AND  RECOVERY  FACILITY,  USED  OIL   FACILITY,   OR   A
CONSTRUCTION  AND  DEMOLITION  DEBRIS  PROCESSING  FACILITY, WHERE SOLID
WASTE  IS  RECEIVED  FOR  THE  PURPOSE OF SUBSEQUENT TRANSFER TO ANOTHER
SOLID WASTE MANAGEMENT  FACILITY  FOR  PROCESSING,  TREATING,  DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.
  8.  "WASTE TRANSPORTER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE OFF-
SITE TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY OR WATER.
S 27-2903. DISTRIBUTOR RESPONSIBILITIES.
  1. EVERY TELEPHONE DIRECTORY SHALL:
  A. BE PRINTED ON PAPER THAT IS RECYCLABLE AND CONTAINS NOT  LESS  THAN
THIRTY PERCENT POST-CONSUMER RECYCLED FIBER;
  B.  BE  PRINTED  WITH INKS THAT CONTAIN NO HEAVY METALS OR OTHER TOXIC
MATERIALS;
  C. IS BOUND WITH MATERIALS THAT POSE NO UNREASONABLE BARRIERS TO RECY-
CLING THE TELEPHONE DIRECTORY; AND
  D. INFORMS THE RECIPIENT OF THE MEANS OF RECYCLING DISCARDED TELEPHONE
DIRECTORIES.
  2. EVERY DISTRIBUTOR SHALL:
  A. COLLECT OR PROVIDE FOR THE COLLECTION OF DISCARDED TELEPHONE DIREC-
TORIES;
  B. DELIVER OR PROVIDE FOR THE DELIVERY OF DISCARDED TELEPHONE DIRECTO-
RIES TO A RECYCLER OF SUCH DIRECTORIES OR TO ANY OTHER PERSON, ENTITY OR
MUNICIPALITY THAT PROVIDES FOR SUCH RECYCLING; AND
  C. ANNUALLY REPORT, ON OR BEFORE AUGUST FIRST, TO  THE  DEPARTMENT  ON
THE  LOCATIONS  WHERE  TELEPHONE DIRECTORIES ARE ACCEPTED FOR COLLECTION
FOR RECYCLING AND VERIFIES THAT SUCH DIRECTORIES HAVE BEEN RECYCLED.
S 27-2905. PROHIBITED DISPOSAL.
  1. NO WASTE TRANSPORTER SHALL  KNOWINGLY  COMMINGLE  SOURCE  SEPARATED
TELEPHONE DIRECTORIES WITH OTHER SOLID WASTE WHICH IS NOT RECYCLABLE, OR
CAUSE SOURCE SEPARATED TELEPHONE DIRECTORIES TO BE COMMINGLED WITH OTHER
SOLID WASTE WHICH IS NOT RECYCLABLE.
  2.  NO  WASTE  TRANSPORTER  SHALL  DELIVER  SOURCE SEPARATED TELEPHONE
DIRECTORIES TO, OR CAUSE SOURCE SEPARATED TELEPHONE  DIRECTORIES  TO  BE
DELIVERED  TO:  (I)  AN  INCINERATOR;  (II) A LANDFILL; (III) A TRANSFER
STATION, UNLESS SUCH SOURCE SEPARATED  TELEPHONE  DIRECTORIES  ARE  KEPT
SEPARATED FROM OTHER SOLID WASTE WHICH IS NOT RECYCLABLE; OR (IV) ANYONE
WHO  THE  WASTE  TRANSPORTER  KNOWS OR SHOULD KNOW WILL EITHER COMMINGLE
SUCH SOURCE SEPARATED TELEPHONE DIRECTORIES WITH OTHER SOLID WASTE WHICH
IS NOT RECYCLABLE OR DELIVER SUCH SOURCE SEPARATED TELEPHONE DIRECTORIES
TO AN INCINERATOR OR A LANDFILL.
  3. NO OPERATOR OF AN INCINERATOR OR A  LANDFILL  SHALL  ACCEPT  SOURCE
SEPARATED TELEPHONE DIRECTORIES FOR DISPOSAL.
  4.  NO OPERATOR OF A TRANSFER STATION SHALL COMMINGLE SOURCE SEPARATED
TELEPHONE DIRECTORIES WITH OTHER SOLID WASTE WHICH IS NOT RECYCLABLE, OR
TRANSFER SOURCE SEPARATED TELEPHONE DIRECTORIES OR  CAUSE  SOURCE  SEPA-
RATED TELEPHONE DIRECTORIES TO BE TRANSFERRED TO AN INCINERATOR OR LAND-
FILL FOR DISPOSAL.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.