S T A T E O F N E W Y O R K
________________________________________________________________________
4747--B
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
___________
Introduced by M. of A. MAISEL, COLTON, LUPARDO, ENGLEBRIGHT, SCHIMEL,
ROBINSON, ROBERTS, HOOPER, P. RIVERA, ROSENTHAL, LINARES -- Multi-
Sponsored by -- M. of A. ARROYO, BOYLAND, CALHOUN, COOK, M. MILLER,
THIELE, WEISENBERG -- read once and referred to the Committee on
Consumer Affairs and Protection -- reference changed to the Committee
on Environmental Conservation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Environmental Conservation in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00766-05-2
A. 4747--B 2
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;
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
A. 4747--B 3
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-
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.