senate Bill S3833

Regulates the distribution of telephone directories and requires distributors to collect and recycle them

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 21 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Regulates the distribution of telephone directories and requires distributors to collect and recycle them.

do you support this bill?

Bill Details

Versions:
S3833
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 29 §§27-2901 & 27-2903, En Con L; amd §336, add §336-aa, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6575A, S6576A
2009-2010: A11682

Sponsor Memo

BILL NUMBER:S3833

TITLE OF BILL: An act to amend the environmental conservation law and
the general business law, in relation to telephone directory reduction
and recycling

PURPOSE: To reduce and eliminate unwanted and unsolicited telephone
directories by requiring distributors of these directories to notify
recipients of the option and means to decline delivery of these
publications. This legislation would also require that, to the
maximum extent practicable, the directories be printed on paper that
is recyclable and contains not less than 30% post-consumer recycled
fiber, use inks that contain no heavy metals or other toxic material
and be bound with materials that pose no unreasonable barriers to
recycling such directories.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Article 27 of the Environmental
Conservation Law by adding a new title 29 entitled Telephone Directory
Reduction and Recycling. This new title provides that every
distributor of telephone directories to the general public shall
ensure that, to the maximum extent practicable, the directories be
printed on paper that is recyclable and contains not less than 30%
post-consumer recycled fiber, use inks that contain no heavy metals or
other toxic materials, and be bound with materials that pose no
unreasonable barriers to recycling such directories.

Section 2 of this bill amends section 336 of the general business law
by adding a new subdivision 4 that requires distributors of all
telephone directories to notify recipients of the option and means to
decline delivery of these publications.

JUSTIFICATION: Despite their usefulness, telephone directories have
become a significant portion of the waste stream, estimated at 650,000
tons yearly in the US. The number of directories delivered to
households and businesses has increased as publishers and distributors
compete for attention. Most households or businesses receive
unsolicited multiple directories. These unwanted and unused
publications are generating excessive and unnecessary waste.

The highest priority in the solid waste hierarchy is prevention or
avoidance of waste generation. This bill should significantly reduce
the number of telephone directories entering the waste stream by
limiting delivery to only those who want them. The second highest
priority in the solid waste hierarchy is waste recovery -- recovering
phone books for reuse or recycling achieves that goal.

This legislation would also require that, to the maximum extent
possible, the directories be printed on paper that is recyclable and
contains not less than 30% post-consumer recycled fiber, use inks that
contain no heavy metals or other toxic material and be bound with
materials that pose no unreasonable barriers to recycling such
directories.


A 2006 EPA study, Solid Waste Management and Greenhouse Gases, found
that every ton of reduction of phone book generation eliminates GHG
emissions of 1.72 metric tons of carbon equivalent (MTCE).
Additionally, for every ton of recovered material used in place of
virgin material for the manufacturing of new phone books, GHG
emissions are reduced by 0.72 MTCE.

FISCAL IMPLICATIONS:None to the State

EFFECTIVE DATE:This bill takes effect one year after it shall have
become a law

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

                                  3833

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen.  FARLEY -- 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 and the general busi-
  ness law, in relation to telephone directory reduction and recycling

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
                                 TITLE 29
               TELEPHONE DIRECTORY REDUCTION AND RECYCLING
SECTION 27-2901. DEFINITIONS.
        27-2903. DISTRIBUTOR RESPONSIBILITIES
S 27-2901. DEFINITIONS. AS USED IN THIS TITLE:
  1.  "DISTRIBUTOR"  MEANS  ANY PERSON OR ENTITY ENGAGED IN THE DISTRIB-
UTION OF TELEPHONE DIRECTORIES TO THE GENERAL PUBLIC.
  2. "TELEPHONE DIRECTORY" MEANS A PRINTED PUBLICATION LISTING:
  A. THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF BUSINESSES  BY  TYPE,
AND CONTAINING ADVERTISEMENTS PROMOTING THOSE BUSINESSES OR THE PRODUCTS
THEY SELL; AND/OR
  B.  THE  NAMES,  ADDRESSES AND TELEPHONE NUMBERS OF INDIVIDUALS, BUSI-
NESSES AND GOVERNMENT LISTINGS IN ALPHABETICAL ORDER.
S 27-2903. DISTRIBUTOR RESPONSIBILITIES.
  1. EVERY  DISTRIBUTOR  SHALL  ENSURE  THAT  EACH  TELEPHONE  DIRECTORY
PROVIDED TO THE GENERAL PUBLIC SHALL:
  A.  TO  THE  MAXIMUM  EXTENT  PRACTICABLE  BE PRINTED ON PAPER THAT IS
RECYCLABLE AND CONTAINS NOT LESS THAN THIRTY PERCENT POST-CONSUMER RECY-
CLED FIBER;
  B. TO THE MAXIMUM EXTENT PRACTICABLE BE PRINTED WITH INKS THAT CONTAIN
NO HEAVY METALS OR OTHER TOXIC MATERIALS;
  C. BE BOUND WITH MATERIALS THAT POSE NO UNREASONABLE BARRIERS TO RECY-
CLING THE TELEPHONE DIRECTORY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04355-01-3

S. 3833                             2

  D. INCLUDE A CONSPICUOUS NOTICE WHICH SHALL  BE  CONSISTENT  WITH  ANY
GUIDELINES  OF THE DEPARTMENT THAT PROVIDES INFORMATION ON THE APPROPRI-
ATE MEANS OF RECYCLING DISCARDED TELEPHONE DIRECTORIES;
  E.  INCLUDE A CONSPICUOUS NOTICE, IN ACCORDANCE WITH THE PROVISIONS OF
SECTION THREE HUNDRED THIRTY-SIX OF THE GENERAL BUSINESS LAW, THAT INDI-
CATES HOW A CONSUMER MAY DECLINE TO RECEIVE FUTURE DIRECTORIES.
  S 2. Section 336 of the general business law is amended  by  adding  a
new subdivision 4 to read as follows:
  4.  (A) EVERY TELEPHONE DIRECTORY HEREAFTER DISTRIBUTED TO THE MEMBERS
OF THE GENERAL PUBLIC IN THIS STATE OR  IN  ANY  PORTION  THEREOF  WHICH
LISTS  THE  CALLING  NUMBERS  OF  TELEPHONES  OF  ANY TELEPHONE EXCHANGE
LOCATED IN THIS STATE  SHALL  CONTAIN  A  CONSPICUOUS  NOTICE  PROVIDING
INFORMATION  IN  CLEAR, CONCISE LANGUAGE THAT THE CONSUMER MAY "OPT-OUT"
BY DECLINING RECEIPT OF FUTURE PRINT DIRECTORIES.    SUCH  NOTICE  SHALL
ALSO  INCLUDE  THE  TOLL-FREE  TELEPHONE  NUMBER  AND  INTERNET WEB SITE
ADDRESS THAT AN INDIVIDUAL MAY USE TO DECLINE RECEIPT  OF  FUTURE  PRINT
DIRECTORIES. IN ADDITION, THE DISTRIBUTOR MAY INCLUDE A PREPAID POSTCARD
WITH  THE  DIRECTORY THAT MAY BE USED TO DECLINE RECEIPT OF FUTURE PRINT
DIRECTORIES.
  (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE DISTRIB-
UTION OF RESIDENTIAL WHITE PAGE DIRECTORIES BY A  TELEPHONE  CORPORATION
PROVIDING LOCAL EXCHANGE SERVICE IN THIS STATE THAT, PURSUANT TO A WAIV-
ER  FROM  THE  PUBLIC SERVICE COMMISSION OF ITS RULES REGARDING DISTRIB-
UTION OF SUCH DIRECTORIES, IS AUTHORIZED TO DISCONTINUE DISTRIBUTION  OF
PRINTED DIRECTORIES TO CUSTOMERS WHO HAVE NOT "OPTED-IN" BY INDICATING A
PREFERENCE TO RECEIVE SUCH PRINTED DIRECTORIES, PROVIDED THAT THE WAIVER
INCLUDES  SUCH  CONDITIONS AS THE COMMISSION DEEMS APPROPRIATE TO ENSURE
THE PROVISION OF NOTIFICATION THAT REACHES ALL CUSTOMERS OF THEIR OPTION
TO RECEIVE DELIVERY OF SUCH DIRECTORIES.
  S 3. The general business law is amended by adding a new section  336-
aa to read as follows:
  S  336-AA.  RESPONSIBILITIES OF DISTRIBUTORS OF TELEPHONE DIRECTORIES.
1. UPON NOTIFICATION THAT DELIVERY OF A PRINT  TELEPHONE  DIRECTORY  HAS
BEEN  DECLINED  AS  PROVIDED IN SECTION THREE HUNDRED THIRTY-SIX OF THIS
ARTICLE, THE DISTRIBUTOR SHALL DISCONTINUE  DIRECTORY  DELIVERY  TO  THE
DECLINING  CONSUMER.  A  DISTRIBUTOR MAY COMPLY WITH THIS SUBDIVISION BY
REDUCING THE NUMBER OF DIRECTORIES DELIVERED TO A MULTIPLE  DWELLING  BY
THE NUMBER OF OCCUPANTS DECLINING SUCH DELIVERY.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A DISTRIBUTOR MAY RESUME DIRECTORY DELIVERY TO  AN  INDIVIDUAL  WHO  HAS
PREVIOUSLY  DECLINED  DELIVERY,  PROVIDED  THAT SUCH INDIVIDUAL REQUESTS
RESUMPTION OF DELIVERY BY USE OF THE DISTRIBUTOR'S  TOLL-FREE  TELEPHONE
NUMBER OR INTERNET WEB SITE ADDRESS OR BY OTHER WRITTEN REQUEST.
  3.  WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION OR OF SUBDIVI-
SION FOUR OF SECTION THREE HUNDRED THIRTY-SIX OF THIS ARTICLE, AN APPLI-
CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE  OF
THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND  IF
IT  SHALL  APPEAR  TO  THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
DEFENDANT HAS IN FACT, VIOLATED  THIS  SECTION,  AN  INJUNCTION  MAY  BE
ISSUED  BY  SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
INJURED  OR  DAMAGED  THEREBY. IN ANY SUCH PROCEEDING THE COURT MAY MAKE
ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN  SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-

S. 3833                             3

TION. IN CONNECTION WITH ANY SUCH  PROPOSED  APPLICATION,  THE  ATTORNEY
GENERAL  IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE  LAW AND RULES. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A  CIVIL  PENALTY  OF
NOT  MORE  THAN  ONE HUNDRED DOLLARS FOR A SINGLE VIOLATION AND NOT MORE
THAN FIVE THOUSAND DOLLARS FOR  MULTIPLE  VIOLATIONS  RESULTING  FROM  A
SINGLE  ACT  OR  INCIDENT.  NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR
CORPORATION SHALL BE DEEMED TO HAVE  VIOLATED  THE  PROVISIONS  OF  THIS
SECTION  IF  SUCH  PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION
SHOWS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE  VIOLATION  WAS  NOT
INTENTIONAL AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE
MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S  4. This act shall take effect one year after it shall have become a
law. 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.