S T A T E O F N E W Y O R K
________________________________________________________________________
5317--A
2015-2016 Regular Sessions
I N A S S E M B L Y
February 17, 2015
___________
Introduced by M. of A. BRAUNSTEIN, ARROYO, ROZIC, MOSLEY, ABBATE, MILL-
ER, BRINDISI, HOOPER, SCARBOROUGH, MALLIOTAKIS, TITONE, GALEF --
Multi-Sponsored by -- M. of A. COOK, GLICK, LENTOL, SIMON -- read once
and referred to the Committee on Consumer Affairs and Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to publicly acces-
sible collection bins
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 399-bbb of the general business law, as added by
2 chapter 264 of the laws of 2010, is amended to read as follows:
3 S 399-bbb. Solicitations by container; disclosures. 1. As used in this
4 section the term "PUBLICLY ACCESSIBLE collection [container] BIN" shall
5 mean an unattended canister, box, receptacle, or similar device, used
6 for the solicitation and collection of personal property, not including
7 money or evidences of debt. Such term shall not include an unattended
8 canister, box, receptacle, or similar device, used exclusively for the
9 collection of used paper, cardboard, motor oil, bottles, cans or other
10 receptacles or materials, not including textiles, for recycling or waste
11 diversion purposes.
12 2. A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL NOT BE PLACED ON PUBLIC
13 PROPERTY; IF PLACED ON PUBLIC PROPERTY, THE LOCAL MUNICIPALITY MAY IMME-
14 DIATELY REMOVE AND DISPOSE OF SUCH BIN.
15 3. Any person, business, not-for-profit organization or other entity
16 or entities, or an agent or agents, whether paid or not paid, of such
17 person, business, not-for-profit organization or other entity, who plac-
18 es a PUBLICLY ACCESSIBLE collection [container] BIN in a public place on
19 [public or] private property shall affix to the PUBLICLY ACCESSIBLE
20 collection [container] BIN a label that is designed to be incapable of
21 being destroyed or removed and that clearly and conspicuously displays
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08033-08-5
A. 5317--A 2
1 in at least twenty-four point type unless otherwise specified in this
2 section and on the front of the PUBLICLY ACCESSIBLE collection [contain-
3 er] BIN in a manner that is readily visible to an individual placing
4 property in the PUBLICLY ACCESSIBLE collection [container] BIN the
5 following:
6 (a) the name of the person, business, not-for-profit organization or
7 other entity which owns the PUBLICLY ACCESSIBLE collection [container]
8 BIN and any agent thereof; the legal address [and], telephone number,
9 E-MAIL ADDRESS AND WEBSITE, IF APPLICABLE, of such person, business,
10 not-for-profit organization or other entity and any agent thereof where
11 the owner of the PUBLICLY ACCESSIBLE collection [container] BIN or its
12 agent can be reached during ordinary business hours; any [registrations]
13 PERMIT OR LICENSE required by [state or] local law of such person, busi-
14 ness, not-for-profit organization or other entity and any agent thereof;
15 A STATEMENT THAT NOTHING SHALL BE LEFT OUTSIDE OF SUCH BIN; and, IF
16 REQUIRED BY STATE OR LOCAL LAW, a statement that shall take the follow-
17 ing form: For more information, contact the department of law at (insert
18 the current telephone number established by the department of law for
19 receiving inquiries from consumers) or (insert the current address of
20 the website of the department of law). If more than one person, busi-
21 ness, not-for-profit organization or other entity own the PUBLICLY
22 ACCESSIBLE collection [container] BIN, all of the owners' names, legal
23 addresses, telephone numbers and any [registrations] PERMITS OR LICENSES
24 required by [state or] local law of such owners shall be included in the
25 disclosure label. If more than one agent represents an owner of the
26 PUBLICLY ACCESSIBLE collection [container] BIN, INCLUDING A FOR-PROFIT
27 ENTITY, ON BEHALF OF, OR IN CONJUNCTION WITH A NOT-FOR-PROFIT ORGANIZA-
28 TION, all of the agents' names, legal addresses, telephone numbers and
29 any [registrations] PERMITS OR LICENSES required by [state or] local law
30 of such owners shall be included in the disclosure label; and
31 (b) a statement about the purpose or purposes for the property
32 collected in the [container] BIN using letters no less than two inches
33 in height as follows:
34 (i) if all of the property placed in the PUBLICLY ACCESSIBLE
35 collection [container] BIN is directed to a non-business purpose or
36 purposes as described in paragraph (b) of section two hundred one of the
37 not-for-profit corporation law or, if the property is sold and all
38 proceeds of such sale are directed to a non-business purpose or purposes
39 described in paragraph (b) of section two hundred one of the not-for-
40 profit corporation law, the label affixed to the PUBLICLY ACCESSIBLE
41 collection [container] BIN pursuant to this section shall state:
42 DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
43 The value of items placed in this [container] BIN is tax-deductible.
44 or
45 (ii) if [all] ANY of the property placed in the PUBLICLY ACCESSIBLE
46 collection [container] BIN is not directed to a non-business purpose or
47 purposes as described in paragraph (b) of section two hundred one of the
48 not-for-profit corporation law, or if the property is sold, and [all]
49 ANY proceeds of such sale are not directed to a non-business purpose or
50 purposes described in paragraph (b) of section two hundred one of the
51 not-for-profit corporation law, the label affixed to the PUBLICLY ACCES-
52 SIBLE collection [container] BIN pursuant to this section shall state:
53 DONATED ITEMS WILL BE USED FOR PROFIT
54 The value of items placed in this [container] BIN is NOT tax-deducti-
55 ble.
A. 5317--A 3
1 (C) FOR COLLECTION BINS OWNED BY A NOT-FOR-PROFIT ORGANIZATION, A
2 STATEMENT DESCRIBING THE CHARITABLE CAUSES THAT WILL BENEFIT FROM
3 DONATIONS; AND
4 (D) COLLECTION BINS OPERATED BY CORPORATE FUNDRAISERS OR ANY ENTITY
5 PLACING AND OPERATING COLLECTION BINS FOR THE BENEFIT OF ANOTHER
6 FOR-PROFIT ENTITY OR NOT-FOR-PROFIT ENTITY SHALL ABIDE BY THE REQUIRE-
7 MENTS OF THE ABOVE AND ANY ADDITIONAL GUIDELINES AND LABELING REQUIRE-
8 MENTS UNDER STATE OR LOCAL LAW AS APPLICABLE.
9 [3] 4. The owner of a PUBLICLY ACCESSIBLE collection [container] BIN
10 shall obtain written consent from the owner or lessee of the property
11 where the PUBLICLY ACCESSIBLE collection [container] BIN is located, or
12 the owner or lessee's authorized agent, stating that the owner of the
13 PUBLICLY ACCESSIBLE collection [container] BIN has received permission
14 to place the [box] BIN on the property. Upon request of any local juris-
15 diction, documentation evidencing the written consent shall be made
16 available by the owner of the PUBLICLY ACCESSIBLE collection [container]
17 BIN. THE OWNER OR LESSEE OF THE PROPERTY WHERE THE PUBLICLY ACCESSIBLE
18 COLLECTION BIN IS LOCATED, OR THE OWNER OR LESSEE'S AUTHORIZED AGENT MAY
19 RESCIND SUCH CONSENT AT ANY TIME, PROVIDED, WRITTEN NOTICE OF SUCH
20 RESCISSION IS PROVIDED TO THE BIN OWNER AT LEAST TEN DAYS PRIOR TO THE
21 BIN'S REMOVAL. WRITTEN NOTICE OF RESCISSION OF CONSENT, IF GIVEN BY
22 FIRST-CLASS MAIL, SHALL BE DEEMED GIVEN WHEN DEPOSITED IN A MAILBOX
23 PROPERLY ADDRESSED AND ADEQUATE POSTAGE PREPAID. SUCH WRITTEN NOTICE
24 SHALL BE EFFECTIVE IRRESPECTIVE OF THE FORM OF SUCH WRITTEN NOTICE IF IT
25 INDICATES THE INTENTION OF THE OWNER OR LESSEE OF THE PROPERTY TO
26 RESCIND THE CONSENT PREVIOUSLY GIVEN BY THE PROPERTY OWNER OR LESSEE'S
27 AUTHORIZED AGENT. AFTER TEN DAYS OF PROVIDING NOTICE, THE PROPERTY OWNER
28 OR LESSEE MAY REMOVE AND DISPOSE OF SUCH BIN, AND ANY COSTS ASSOCIATED
29 WITH SUCH REMOVAL OR DISPOSAL SHALL BE RECOVERABLE FROM THE OWNER OF THE
30 PUBLICLY ACCESSIBLE COLLECTION BIN.
31 [4] 5. THE OWNER OF A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL ADHERE
32 TO THE FOLLOWING MAINTENANCE REQUIREMENTS:
33 (A) BINS SHALL BE SERVICED AND EMPTIED AS NEEDED OR WITHIN THREE DAYS
34 OF A REQUEST BY THE PROPERTY OWNER OR OWNER'S AGENT, INCLUDING REQUESTS
35 FOR REMOVAL OF DEBRIS AND BULK ITEMS;
36 (B) REMOVE GRAFFITI ON THE OUTSIDE OF BINS WITHIN SEVENTY-TWO HOURS OF
37 REQUESTS OR OTHERWISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
38 (C) REPAIR DAMAGED BINS WITHIN SEVENTY-TWO HOURS OF REQUESTS OR OTHER-
39 WISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
40 (D) SECURE EACH COLLECTION BIN WITH A TAMPER-RESISTANT LOCK; AND
41 (E) MAINTAIN THE AESTHETIC PRESENTATION OF SUCH BIN, INCLUDING FRESH
42 PAINT AND READABLE SIGNAGE.
43 6. PROPERTY OWNERS OR AN OWNER'S AGENT ARE NOT SUBJECT TO CIVIL
44 LIABILITY FROM A COLLECTION BIN OPERATOR FOR THE REMOVAL OF AN UNAUTHOR-
45 IZED BIN OR WHERE REMOVAL IS NECESSARY TO COMPLY WITH LOCAL ZONING ORDI-
46 NANCES. PROPERTY OWNERS MAY REMOVE A COLLECTION BIN IN ORDER TO COMPLY
47 WITH A STATE OR LOCAL ZONING ORDINANCE, AS APPLICABLE, WITHOUT GIVING
48 PRIOR NOTICE TO THE COLLECTION BIN OWNER. THE PROPERTY OWNER SHALL
49 INFORM THE BIN OPERATOR OF THE LOCATION TO WHICH THE BIN WAS REMOVED, OR
50 ANY OTHER DISPOSITION OF THE BIN, AND ANY COSTS ASSOCIATED WITH SUCH
51 REMOVAL OR DISPOSAL SHALL BE RECOVERABLE FROM THE OWNER OF THE PUBLICLY
52 ACCESSIBLE COLLECTION BIN.
53 7. (a) Any violation of the provisions of this section shall be deemed
54 a deceptive practice within the meaning of section three hundred forty-
55 nine of this chapter and any remedy provided therein shall be available
56 for the enforcement of this section. In addition, the district attorney,
A. 5317--A 4
1 county attorney, and the corporation counsel shall have concurrent
2 authority to seek the relief in paragraph [b] (B) of this subdivision,
3 and all civil penalties obtained in any such action shall be retained by
4 the municipality or county IN WHICH SUCH BIN IS PLACED.
5 (b) In every case where the court shall determine that a violation of
6 this section has occurred, it may impose a civil penalty of not more
7 than five thousand dollars for each violation.
8 (I) ANY BIN IN VIOLATION OF THE PROVISIONS RELATED TO THE DISPLAY OF
9 INFORMATION OR UNPERMITTED PLACEMENT SHALL SUBJECT THE OWNER OF SUCH BIN
10 TO A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR THE FIRST OFFENSE,
11 AND A FIVE HUNDRED DOLLAR FINE FOR EACH SUBSEQUENT OFFENSE WITHIN AN
12 EIGHTEEN MONTH PERIOD.
13 (II) ANY BIN IN VIOLATION OF THE MAINTENANCE PROVISIONS SHALL SUBJECT
14 THE OWNER OF SUCH BIN TO A FIFTY DOLLAR FINE FOR THE FIRST OFFENSE, AND
15 A ONE HUNDRED DOLLAR FINE FOR EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN
16 MONTH PERIOD.
17 (c) It shall be a defense to the imposition of any civil penalty or
18 any other remedy in an action brought to enforce the provisions of this
19 section if the person or entity affixed a label as required by this
20 section and such label was removed or defaced by vandals, provided that
21 such person or entity subsequently complies with the requirements of
22 this section.
23 (d) Nothing in this section shall be construed to restrict any right
24 which any person may have under any other statute or the common law.
25 S 2. This act shall take effect on the one hundred eightieth day
26 after it shall have become a law and shall apply to all publicly acces-
27 sible collection bins in place on the effective date of this act and all
28 publicly accessible collection bins placed subsequent to the effective
29 date of this act.