S T A T E O F N E W Y O R K
________________________________________________________________________
5317--B
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, MALLIOTAKIS, TITONE, GALEF, LOPEZ -- Multi-Spon-
sored 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 -- reported and referred to the Commit-
tee on Codes -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08033-14-5
A. 5317--B 2
1 collection [container] BIN a label that is designed to be incapable of
2 being destroyed or removed and that clearly and conspicuously displays
3 in at least twenty-four point type unless otherwise specified in this
4 section and on the front of the PUBLICLY ACCESSIBLE collection [contain-
5 er] BIN in a manner that is readily visible to an individual placing
6 property in the PUBLICLY ACCESSIBLE collection [container] BIN the
7 following:
8 (a) the name of the person, business, not-for-profit organization or
9 other entity which owns the PUBLICLY ACCESSIBLE collection [container]
10 BIN and any agent thereof; the legal address [and], telephone number,
11 E-MAIL ADDRESS AND WEBSITE, IF APPLICABLE, of such person, business,
12 not-for-profit organization or other entity and any agent thereof where
13 the owner of the PUBLICLY ACCESSIBLE collection [container] BIN or its
14 agent can be reached during ordinary business hours; any [registrations]
15 PERMIT OR LICENSE required by [state or] local law of such person, busi-
16 ness, not-for-profit organization or other entity and any agent thereof;
17 A STATEMENT THAT NOTHING SHALL BE LEFT OUTSIDE OF SUCH BIN; and a state-
18 ment that shall take the following form: For more information, contact
19 the department of law at (insert the current telephone number estab-
20 lished by the department of law for receiving inquiries from consumers)
21 or (insert the current address of the website of the department of law).
22 If more than one person, business, not-for-profit organization or other
23 entity own the PUBLICLY ACCESSIBLE collection [container] BIN, all of
24 the owners' names, legal addresses, telephone numbers and any [registra-
25 tions] PERMITS OR LICENSES required by [state or] local law of such
26 owners shall be included in the disclosure label. If more than one agent
27 represents an owner of the PUBLICLY ACCESSIBLE collection [container]
28 BIN, INCLUDING A FOR-PROFIT ENTITY, ON BEHALF OF, OR IN CONJUNCTION WITH
29 A NOT-FOR-PROFIT ORGANIZATION, all of the agents' names, legal
30 addresses, telephone numbers and any [registrations] PERMITS OR LICENSES
31 required by [state or] local law of such owners shall be included in the
32 disclosure label; and
33 (b) a statement about the purpose or purposes for the property
34 collected in the [container] BIN using letters no less than two inches
35 in height as follows:
36 (i) if all of the property placed in the PUBLICLY ACCESSIBLE
37 collection [container] BIN is directed to a non-business purpose or
38 purposes as described in paragraph (b) of section two hundred one of the
39 not-for-profit corporation law or, if the property is sold and all
40 proceeds of such sale are directed to a non-business purpose or purposes
41 described in paragraph (b) of section two hundred one of the not-for-
42 profit corporation law, the label affixed to the PUBLICLY ACCESSIBLE
43 collection [container] BIN pursuant to this section shall state:
44 DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
45 The value of items placed in this [container] BIN is tax-deductible.
46 or
47 (ii) if [all] ANY of the property placed in the PUBLICLY ACCESSIBLE
48 collection [container] BIN is not directed to a non-business purpose or
49 purposes as described in paragraph (b) of section two hundred one of the
50 not-for-profit corporation law, or if the property is sold, and [all]
51 ANY proceeds of such sale are not directed to a non-business purpose or
52 purposes described in paragraph (b) of section two hundred one of the
53 not-for-profit corporation law, the label affixed to the PUBLICLY ACCES-
54 SIBLE collection [container] BIN pursuant to this section shall state:
55 DONATED ITEMS WILL BE USED FOR PROFIT
A. 5317--B 3
1 The value of items placed in this [container] BIN is NOT tax-deducti-
2 ble.
3 (C) FOR COLLECTION BINS OWNED BY A NOT-FOR-PROFIT ORGANIZATION, A
4 STATEMENT DESCRIBING THE CHARITABLE CAUSES THAT WILL BENEFIT FROM
5 DONATIONS; AND
6 (D) COLLECTION BINS OPERATED BY CORPORATE FUNDRAISERS OR ANY ENTITY
7 PLACING AND OPERATING COLLECTION BINS FOR THE BENEFIT OF ANOTHER
8 FOR-PROFIT ENTITY OR NOT-FOR-PROFIT ENTITY SHALL ABIDE BY THE REQUIRE-
9 MENTS OF THE ABOVE AND ANY ADDITIONAL GUIDELINES AND LABELING REQUIRE-
10 MENTS UNDER STATE OR LOCAL LAW AS APPLICABLE.
11 [3] 4. The owner of a PUBLICLY ACCESSIBLE collection [container] BIN
12 shall obtain written consent from the owner or lessee of the property
13 where the PUBLICLY ACCESSIBLE collection [container] BIN is located, or
14 the owner or lessee's authorized agent, stating that the owner of the
15 PUBLICLY ACCESSIBLE collection [container] BIN has received permission
16 to place the [box] BIN on the property. Upon request of any local juris-
17 diction, documentation evidencing the written consent shall be made
18 available by the owner of the PUBLICLY ACCESSIBLE collection [container]
19 BIN. THE OWNER OR LESSEE OF THE PROPERTY WHERE THE PUBLICLY ACCESSIBLE
20 COLLECTION BIN IS LOCATED, OR THE OWNER OR LESSEE'S AUTHORIZED AGENT MAY
21 RESCIND SUCH CONSENT AT ANY TIME, PROVIDED, WRITTEN NOTICE OF SUCH
22 RESCISSION IS PROVIDED TO THE BIN OWNER AT LEAST TEN DAYS PRIOR TO THE
23 BIN'S REMOVAL. WRITTEN NOTICE OF RESCISSION OF CONSENT, IF GIVEN BY
24 FIRST-CLASS MAIL, SHALL BE DEEMED GIVEN WHEN DEPOSITED IN A MAILBOX
25 PROPERLY ADDRESSED AND ADEQUATE POSTAGE PREPAID. SUCH WRITTEN NOTICE
26 SHALL BE EFFECTIVE IRRESPECTIVE OF THE FORM OF SUCH WRITTEN NOTICE IF IT
27 INDICATES THE INTENTION OF THE OWNER OR LESSEE OF THE PROPERTY TO
28 RESCIND THE CONSENT PREVIOUSLY GIVEN BY THE PROPERTY OWNER OR LESSEE'S
29 AUTHORIZED AGENT. TEN DAYS AFTER GIVING NOTICE, THE PROPERTY OWNER OR
30 LESSEE MAY REMOVE AND DISPOSE OF SUCH BIN, AND ANY REASONABLE COSTS
31 ASSOCIATED WITH SUCH REMOVAL OR DISPOSAL SHALL BE RECOVERABLE FROM THE
32 OWNER OF THE PUBLICLY ACCESSIBLE COLLECTION BIN.
33 [4] 5. THE OWNER OF A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL ADHERE
34 TO THE FOLLOWING MAINTENANCE REQUIREMENTS:
35 (A) BINS SHALL BE SERVICED AND EMPTIED AS NEEDED OR WITHIN SEVEN DAYS
36 OF A REQUEST BY THE PROPERTY OWNER OR OWNER'S AGENT, INCLUDING REQUESTS
37 FOR REMOVAL OF DEBRIS AND BULK ITEMS;
38 (B) REMOVE GRAFFITI ON THE OUTSIDE OF BINS WITHIN SEVEN DAYS OF
39 REQUESTS OR OTHERWISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
40 (C) REPAIR DAMAGED BINS WITHIN SEVEN DAYS OF REQUESTS OR OTHERWISE
41 BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
42 (D) SECURE EACH COLLECTION BIN WITH A TAMPER-RESISTANT LOCK; AND
43 (E) MAINTAIN THE AESTHETIC PRESENTATION OF SUCH BIN, INCLUDING FRESH
44 PAINT AND READABLE SIGNAGE.
45 6. WHENEVER A BIN IS REMOVED BY A PROPERTY OWNER IN ACCORDANCE WITH
46 THE PROVISIONS OF THIS SECTION, THE PROPERTY OWNER SHALL INFORM THE BIN
47 OWNER OF THE LOCATION TO WHICH THE BIN WAS REMOVED, OR ANY OTHER DISPO-
48 SITION OF THE BIN, AND ANY REASONABLE COSTS ASSOCIATED WITH SUCH REMOVAL
49 OR DISPOSAL SHALL BE RECOVERABLE FROM THE OWNER OF THE PUBLICLY ACCESSI-
50 BLE COLLECTION BIN.
51 7. (a) Any violation of the provisions of this section shall be deemed
52 a deceptive practice within the meaning of section three hundred forty-
53 nine of this chapter and any remedy provided therein shall be available
54 for the enforcement of this section. In addition, the district attorney,
55 county attorney, and the corporation counsel shall have concurrent
56 authority to seek the relief in paragraph [b] (B) of this subdivision,
A. 5317--B 4
1 and all civil penalties obtained in any such action shall be retained by
2 the municipality or county IN WHICH SUCH BIN IS PLACED.
3 (b) In every case where the court shall determine that a violation of
4 this section has occurred, it may impose a civil penalty of not more
5 than five thousand dollars for each violation.
6 (I) ANY BIN NOT IN COMPLIANCE WITH THE PROVISIONS RELATED TO THE
7 DISPLAY OF INFORMATION OR UNPERMITTED PLACEMENT SHALL SUBJECT THE OWNER
8 OF SUCH BIN TO A CIVIL PENALTY OF UP TO TWO HUNDRED FIFTY DOLLARS FOR
9 THE FIRST OFFENSE, AND A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR
10 EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN MONTH PERIOD.
11 (II) ANY BIN NOT IN COMPLIANCE WITH THE MAINTENANCE PROVISIONS SHALL
12 SUBJECT THE OWNER OF SUCH BIN TO A CIVIL PENALTY OF UP TO FIFTY DOLLARS
13 FOR THE FIRST OFFENSE, AND A CIVIL PENALTY OF UP TO ONE HUNDRED DOLLARS
14 FOR EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN MONTH PERIOD.
15 (c) It shall be a defense to the imposition of any civil penalty or
16 any other remedy in an action brought to enforce the provisions of this
17 section if the person or entity affixed a label as required by this
18 section and such label was removed or defaced by vandals, provided that
19 such person or entity subsequently complies with the requirements of
20 this section.
21 (d) Nothing in this section shall be construed to restrict any right
22 which any person may have under any other statute or the common law.
23 S 2. This act shall take effect on the one hundred eightieth day
24 after it shall have become a law and shall apply to all publicly acces-
25 sible collection bins in place on the effective date of this act and all
26 publicly accessible collection bins placed subsequent to the effective
27 date of this act.