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Chapter 730, Laws of 2006

Chapter 730, Laws of 2006

AN ACT to amend the environmental conservation law, in relation to wireless telephone recycling

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Article 27 of the environmental conservation law is amended by adding a new title 23 to read as follows:

Title 23* Wireless Telephone Recycling

Section 27-2301. Definitions.

27-2303. Wireless telephone collection.

27-2305. Preemption and severability.

* As added by L.2006, c.730. Another title 23 "Vehicle Dismantling Facilities" was added by another act.

Section 27-2301. Definitions.

For the purposes of this section:
1. "Wireless telephone service supplier" means a person or entity which provides wireless telephone service, as defined in paragraph (b) of subdivision one of section twelve hundred twenty-five-c of the vehicle and traffic law.

2. "Wireless telephone" shall have the same meaning as "mobile telephone" as defined in paragraph (a) of subdivision one of section twelve hundred twenty-five-c of the vehicle and traffic law.

Section 27-2303. Wireless telephone collection.

1. (a) Every wireless telephone service supplier engaged in the retail sale of wireless telephones shall:

(i) accept, at no charge, up to ten used wireless telephones from any person during the normal business hours of such business; or

(ii) offer to any person at no charge, the shipping of used wireless telephones to a recycling program conducted by such business. Information about such a program shall be readily available at such business locations and on its website.

(b) Every wireless telephone service supplier required to accept used wireless telephones or provide shipping at no charge for used wireless telephones pursuant to paragraph (a) of this subdivision shall conspicuously post a sign open to public view, clearly indicating that used wireless telephones are accepted or shipping is provided at no charge. Such signs may also state that used wireless telephones shall only be accepted during normal business hours, and may state such hours.

2. Every wireless telephone service supplier required to accept or pay for the shipment of used wireless telephones shall take reasonable steps to ensure each used wireless telephone accepted or shipped pursuant to this section shall either be recycled, reused or disposed of in an environmentally sound manner.

§27-2305. Preemption and Severability.

1. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing the collection, return or recycling of wireless telephones shall upon the effective date of this title be preempted.

2. The provisions of this title shall be severable and if any portion thereof or the applicability thereof to any person or circumstances shall be held invalid, the remainder of this title and the application thereof shall not be affected thereby.

Section 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

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