NY State Assembly Bill 2015-A5317B

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	signed chap.524
Nov 30, 2015	delivered to governor
Jun 24, 2015	returned to assembly passed senate substituted for s5893b referred to rules delivered to senate passed assembly
Jun 18, 2015	ordered to third reading rules cal.645 rules report cal.645 reported
Jun 17, 2015	reported referred to rules
Jun 16, 2015	print number 5317b
Jun 16, 2015	amend and recommit to codes
Jun 02, 2015	reported referred to codes
Apr 28, 2015	print number 5317a
Apr 28, 2015	amend (t) and recommit to consumer affairs and protection
Feb 17, 2015	referred to consumer affairs and protection

Votes

- Jun 24, 2015 - Floor Vote
  A5317B
  
  59
  
  Aye
  
  1
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 24, 2015
      
      aye (59)
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Seward
      
      absent (1)
      
      Sampson
      
      excused (2)
      
      Addabbo Jr.
      
      Libous

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

2015-A5317 - Details

See Senate Version of this Bill:: S5893
Law Section:: General Business Law
Laws Affected:: Amd §399-bbb, Gen Bus L

2015-A5317 - Summary

Relates to requirements and violations regarding publicly accessible collection bins.

2015-A5317 - Bill Text download pdf

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

                                  5317

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law and the administrative code  of
  the  city  of  New York, in relation to publicly accessible collection
  bins

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

  Section  1.  Section  399-bbb of the general business law, as added by
chapter 264 of the laws of 2010, is amended to read as follows:
  S 399-bbb. Solicitations by container; disclosures. 1. As used in this
section the term "PUBLICLY ACCESSIBLE collection [container] BIN"  shall
mean  an  unattended  canister, box, receptacle, or similar device, used
for the solicitation and collection of personal property, not  including
money  or  evidences  of debt. Such term shall not include an unattended
canister, box, receptacle, or similar device, used exclusively  for  the
collection  of  used paper, cardboard, motor oil, bottles, cans or other
receptacles or materials, not including textiles, for recycling or waste
diversion purposes.
  2. A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL NOT BE PLACED ON  PUBLIC
PROPERTY;  IF  PLACED  ON  PUBLIC PROPERTY, THE LOCAL MUNICIPALITY SHALL
IMMEDIATELY REMOVE AND DISPOSE OF SUCH BIN.
  3. Any person, business, not-for-profit organization or  other  entity
or  entities,  or  an agent or agents, whether paid or not paid, of such
person, business, not-for-profit organization or other entity, who plac-
es a PUBLICLY ACCESSIBLE collection [container] BIN in a public place on
[public or] private property shall  affix  to  the  PUBLICLY  ACCESSIBLE
collection  [container]  BIN a label that is designed to be incapable of
being destroyed or removed and that clearly and  conspicuously  displays
in  at  least  twenty-four point type unless otherwise specified in this
section and on the front of the PUBLICLY ACCESSIBLE collection [contain-
er] BIN in a manner that is readily visible  to  an  individual  placing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08033-06-5

A. 5317                             2

property  in  the  PUBLICLY  ACCESSIBLE  collection  [container] BIN the
following:
  (a)  the  name of the person, business, not-for-profit organization or
other entity which owns the PUBLICLY ACCESSIBLE  collection  [container]
BIN  and  any  agent thereof; the legal address [and], telephone number,
E-MAIL ADDRESS AND WEBSITE, IF APPLICABLE,  of  such  person,  business,
not-for-profit  organization or other entity and any agent thereof where
the owner of the PUBLICLY ACCESSIBLE collection [container] BIN  or  its
agent can be reached during ordinary business hours; any [registrations]
PERMIT OR LICENSE required by [state or] local law of such person, busi-
ness, not-for-profit organization or other entity and any agent thereof;
A  STATEMENT  THAT  NOTHING  SHALL  BE LEFT OUTSIDE OF SUCH BIN; and, IF
REQUIRED BY LOCAL LAW, a statement that shall take the  following  form:
For  more  information,  contact  the  department  of law at (insert the
current telephone number  established  by  the  department  of  law  for
receiving  inquiries  from  consumers) or (insert the current address of
the website of the department of law). If more than  one  person,  busi-
ness,  not-for-profit  organization  or  other  entity  own the PUBLICLY
ACCESSIBLE collection [container] BIN, all of the owners'  names,  legal
addresses, telephone numbers and any [registrations] PERMITS OR LICENSES
required by [state or] local law of such owners shall be included in the
disclosure  label.  If  more  than  one agent represents an owner of the
PUBLICLY ACCESSIBLE collection [container] BIN, INCLUDING  A  FOR-PROFIT
ENTITY,  ON BEHALF OF, OR IN CONJUNCTION WITH A NOT-FOR-PROFIT ORGANIZA-
TION, all of the agents' names, legal addresses, telephone  numbers  and
any [registrations] PERMITS OR LICENSES required by [state or] local law
of such owners shall be included in the disclosure label; and
  (b)  a  statement  about  the  purpose  or  purposes  for the property
collected in the [container] BIN using letters no less than  two  inches
in height as follows:
  (i)  if  all  of  the  property  placed  in  the  PUBLICLY  ACCESSIBLE
collection [container] BIN is directed  to  a  non-business  purpose  or
purposes as described in paragraph (b) of section two hundred one of the
not-for-profit  corporation  law  or,  if  the  property is sold and all
proceeds of such sale are directed to a non-business purpose or purposes
described in paragraph (b) of section two hundred one  of  the  not-for-
profit  corporation  law,  the  label affixed to the PUBLICLY ACCESSIBLE
collection [container] BIN pursuant to this section shall state:
  DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
  The value of items placed in this [container] BIN is tax-deductible.
  or
  (ii) if [all] ANY of the property placed in  the  PUBLICLY  ACCESSIBLE
collection  [container] BIN is not directed to a non-business purpose or
purposes as described in paragraph (b) of section two hundred one of the
not-for-profit corporation law, or if the property is  sold,  and  [all]
ANY  proceeds of such sale are not directed to a non-business purpose or
purposes described in paragraph (b) of section two hundred  one  of  the
not-for-profit corporation law, the label affixed to the PUBLICLY ACCES-
SIBLE collection [container] BIN pursuant to this section shall state:
  DONATED ITEMS WILL BE USED FOR PROFIT
  The  value of items placed in this [container] BIN is NOT tax-deducti-
ble.
  (C) FOR COLLECTION BINS OWNED  BY  A  NOT-FOR-PROFIT  ORGANIZATION,  A
STATEMENT  DESCRIBING  THE  CHARITABLE  CAUSES  THAT  WILL  BENEFIT FROM
DONATIONS; AND

A. 5317                             3

  (D) COLLECTION BINS OPERATED BY CORPORATE FUNDRAISERS  OR  ANY  ENTITY
PLACING  AND  OPERATING  COLLECTION  BINS  FOR  THE  BENEFIT  OF ANOTHER
FOR-PROFIT ENTITY OR NOT-FOR-PROFIT ENTITY SHALL ABIDE BY  THE  REQUIRE-
MENTS  OF  THE ABOVE AND ANY ADDITIONAL GUIDELINES AND LABELING REQUIRE-
MENTS UNDER STATE LAW.
  [3]  4.  The owner of a PUBLICLY ACCESSIBLE collection [container] BIN
shall obtain written consent from the owner or lessee  of  the  property
where  the PUBLICLY ACCESSIBLE collection [container] BIN is located, or
the owner or lessee's authorized agent, stating that the  owner  of  the
PUBLICLY  ACCESSIBLE  collection [container] BIN has received permission
to place the [box] BIN on the property. Upon request of any local juris-
diction, documentation evidencing the  written  consent  shall  be  made
available by the owner of the PUBLICLY ACCESSIBLE collection [container]
BIN.  THE  OWNER OR LESSEE OF THE PROPERTY WHERE THE PUBLICLY ACCESSIBLE
COLLECTION BIN IS LOCATED, OR THE OWNER OR LESSEE'S AUTHORIZED AGENT MAY
RESCIND SUCH CONSENT AT ANY  TIME,  PROVIDED,  WRITTEN  NOTICE  OF  SUCH
RESCISSION  IS  PROVIDED TO THE BIN OWNER AT LEAST TEN DAYS PRIOR TO THE
BIN'S REMOVAL.
  [4] 5. THE OWNER OF A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL  ADHERE
TO THE FOLLOWING MAINTENANCE REQUIREMENTS:
  (A)   BINS  SHALL  BE  SERVICED  AND  EMPTIED  AS  NEEDED,  OR  WITHIN
TWENTY-FOUR HOURS, DURING REGULAR BUSINESS HOURS, OF A  REQUEST  BY  THE
PROPERTY  OWNER  OR  OWNER'S  AGENT,  INCLUDING  REQUESTS FOR REMOVAL OF
DEBRIS AND BULK ITEMS;
  (B) REMOVE GRAFFITI ON THE OUTSIDE OF BINS WITHIN SEVENTY-TWO HOURS OF
REQUESTS OR OTHERWISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (C) REPAIR DAMAGED BINS WITHIN SEVENTY-TWO HOURS OF REQUESTS OR OTHER-
WISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (D) SECURE EACH COLLECTION BIN WITH A TAMPER-RESISTANT LOCK; AND
  (E) MAINTAIN THE AESTHETIC PRESENTATION OF SUCH BIN,  INCLUDING  FRESH
PAINT AND READABLE SIGNAGE.
  6.  PROPERTY  OWNERS  OR  AN  OWNER'S  AGENT  ARE NOT SUBJECT TO CIVIL
LIABILITY FROM A COLLECTION BIN OPERATOR FOR THE REMOVAL OF AN UNAUTHOR-
IZED BIN OR WHERE REMOVAL IS NECESSARY TO COMPLY WITH LOCAL ZONING ORDI-
NANCES. PROPERTY OWNERS MAY REMOVE A COLLECTION BIN IN ORDER  TO  COMPLY
WITH  A  LOCAL  ZONING  ORDINANCE  WITHOUT  GIVING  PRIOR  NOTICE TO THE
COLLECTION BIN OWNER. THE PROPERTY OWNER SHALL INFORM THE  BIN  OPERATOR
OF  THE  LOCATION TO WHICH THE BIN WAS REMOVED, OR ANY OTHER DISPOSITION
OF THE BIN.
  7. (a) Any violation of the provisions of this section shall be deemed
a deceptive practice within the meaning of section three hundred  forty-
nine  of this chapter and any remedy provided therein shall be available
for the enforcement of this section. In addition, the district attorney,
county attorney, and  the  corporation  counsel  shall  have  concurrent
authority  to  seek the relief in paragraph [b] (B) of this subdivision,
and all civil penalties obtained in any such action shall be retained by
the municipality or county IN WHICH SUCH BIN IS PLACED.
  (b) In every case where the court shall determine that a violation  of
this  section  has  occurred,  it may impose a civil penalty of not more
than five thousand dollars for each violation.
  (I) ANY BIN THAT VIOLATES THE PROVISIONS RELATED TO UNPERMITTED PLACE-
MENT SHALL BE SUBJECT TO A CIVIL PENALTY OF TWO  HUNDRED  FIFTY  DOLLARS
FOR  THE  FIRST  OFFENSE, AND A FIVE HUNDRED DOLLAR FINE FOR EACH SUBSE-
QUENT OFFENSE WITHIN AN EIGHTEEN MONTH PERIOD.
  (II) ANY BIN THAT VIOLATES THE PROVISIONS RELATED TO  THE  DISPLAY  OF
INFORMATION  OR  MAINTENANCE  PROVISIONS,  SHALL  BE  SUBJECT TO A FIFTY

A. 5317                             4

DOLLAR FINE FOR THE FIRST OFFENSE, AND A ONE  HUNDRED  DOLLAR  FINE  FOR
EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN MONTH PERIOD.
  (c)  It  shall  be a defense to the imposition of any civil penalty or
any other remedy in an action brought to enforce the provisions of  this
section  if  the  person  or  entity affixed a label as required by this
section and such label was removed or defaced by vandals, provided  that
such  person  or  entity  subsequently complies with the requirements of
this section.
  (d) Nothing in this section shall be construed to restrict  any  right
which any person may have under any other statute or the common law.
  S  2.  Section  10-169  of  the administrative code of the city of New
York, as added by local law number 31 of the city of New  York  for  the
year  2007  and  as renumbered by local law number 30 of the city of New
York for the year 2013, is amended to read as follows:
  S 10-169 Regulation of publicly accessible collection bins.
  a. Definition. For purposes of this section,
  "Publicly accessible collection bin" shall mean any outdoor container,
other than any container placed by any government or governmental  agen-
cy,  or  its contractors or licensees, that allows for any member of the
public to deposit items into the container for the purpose of collection
by the provider of such container.
  b. Requirements. All publicly accessible collection bins shall  comply
with the following provisions:
  1. Each individual publicly accessible collection bin shall prominent-
ly  display  on the front and on at least one other side of the bin, the
name, address [and], telephone number, E-MAIL ADDRESS  AND  WEBSITE,  IF
APPLICABLE,  of  the provider of the bin AND ANY AGENT THEREOF WHERE THE
OWNER OF THE PUBLICLY ACCESSIBLE COLLECTION BIN  OR  ITS  AGENT  CAN  BE
REACHED  DURING ORDINARY BUSINESS HOURS.  IF MORE THAN ONE AGENT REPRES-
ENTS AN OWNER OF THE PUBLICLY ACCESSIBLE  COLLECTION  BIN,  INCLUDING  A
FOR-PROFIT ENTITY, ON BEHALF OF, OR IN CONJUNCTION WITH A NOT-FOR-PROFIT
ORGANIZATION,  ALL  OF  THE AGENTS' NAMES, LEGAL ADDRESSES AND TELEPHONE
NUMBERS MUST BE DISPLAYED.    ADDITIONALLY,  EACH  COLLECTION  BIN  MUST
DISPLAY  ANY  PERMIT  OR  LICENSE  REQUIRED BY LOCAL LAW OF SUCH PERSON,
BUSINESS, NOT-FOR-PROFIT ORGANIZATION OR ENTITY AND ANY  AGENT  THEREOF,
IF  APPLICABLE;  AND A STATEMENT THAT SHALL TAKE THE FOLLOWING FORM: FOR
MORE INFORMATION, CONTACT THE DEPARTMENT OF LAW AT (INSERT  THE  CURRENT
TELEPHONE  NUMBER  ESTABLISHED  BY  THE  DEPARTMENT OF LAW FOR RECEIVING
INQUIRIES FROM CONSUMERS) OR (INSERT THE CURRENT ADDRESS OF THE  WEBSITE
OF  THE  DEPARTMENT  OF  LAW) SHALL BE INCLUDED IN THE DISCLOSURE LABEL.
This information shall be printed in characters that are  plainly  visi-
ble.  In  no  event  shall a post office box be considered an acceptable
address for purposes of this paragraph.
  2. No publicly accessible collection bin may be  placed  on  any  city
property  or  property maintained by the city, or on any public sidewalk
or roadway.
  3. No publicly accessible  collection  bin  shall  be  placed  on  any
private property without the written permission of the property owner or
the property owner's designated agent.  THE OWNER OR LESSEE OF THE PROP-
ERTY  WHERE  THE  PUBLICLY  ACCESSIBLE COLLECTION BIN IS LOCATED, OR THE
OWNER OR LESSEE'S AUTHORIZED AGENT MAY RESCIND SUCH CONSENT AT ANY TIME,
PROVIDED, WRITTEN NOTICE OF SUCH RESCISSION IS PROVIDED TO THE BIN OWNER
AT LEAST TEN DAYS PRIOR TO THE BIN'S  REMOVAL.  PROPERTY  OWNERS  OR  AN
OWNER'S  AGENT  ARE NOT SUBJECT TO CIVIL LIABILITY FROM A COLLECTION BIN
OPERATOR FOR THE REMOVAL OF AN UNAUTHORIZED  BIN  OR  WHERE  REMOVAL  IS
NECESSARY  TO  COMPLY  WITH LOCAL ZONING ORDINANCES. PROPERTY OWNERS MAY

A. 5317                             5

REMOVE A COLLECTION BIN IN ORDER TO COMPLY WITH A LOCAL ZONING ORDINANCE
WITHOUT GIVING PRIOR NOTICE TO THE COLLECTION BIN  OWNER.  THE  PROPERTY
OWNER SHALL INFORM THE BIN OPERATOR OF THE LOCATION TO WHICH THE BIN WAS
REMOVED, OR ANY OTHER DISPOSITION OF THE BIN.
  4. A STATEMENT THAT NOTHING SHALL BE LEFT OUTSIDE OF SUCH BIN SHALL BE
AFFIXED  ON  EACH BIN WITH AN ADDITIONAL STATEMENT REGARDING THE PURPOSE
OR PURPOSES FOR THE PROPERTY COLLECTED IN THE BIN USING LETTERS NO  LESS
THAN TWO INCHES IN HEIGHT SHALL BE AFFIXED ON EACH BIN AS FOLLOWS:
  (I)  IF  ALL  OF  THE  PROPERTY  PLACED  IN  THE  PUBLICLY  ACCESSIBLE
COLLECTION BIN IS DIRECTED TO A  NON-BUSINESS  PURPOSE  OR  PURPOSES  AS
DESCRIBED   IN   PARAGRAPH  (B)  OF  SECTION  TWO  HUNDRED  ONE  OF  THE
NOT-FOR-PROFIT CORPORATION LAW OR, IF  THE  PROPERTY  IS  SOLD  AND  ALL
PROCEEDS OF SUCH SALE ARE DIRECTED TO A NON-BUSINESS PURPOSE OR PURPOSES
DESCRIBED   IN   PARAGRAPH  (B)  OF  SECTION  TWO  HUNDRED  ONE  OF  THE
NOT-FOR-PROFIT CORPORATION LAW, THE LABEL AFFIXED TO THE PUBLICLY ACCES-
SIBLE COLLECTION BIN PURSUANT TO THIS SECTION SHALL STATE:
  DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
  THE VALUE OF ITEMS PLACED IN THIS BIN IS TAX-DEDUCTIBLE.
  OR
  (II) IF  ANY  OF  THE  PROPERTY  PLACED  IN  THE  PUBLICLY  ACCESSIBLE
COLLECTION  BIN IS NOT DIRECTED TO A NON-BUSINESS PURPOSE OR PURPOSES AS
DESCRIBED  IN  PARAGRAPH  (B)  OF  SECTION  TWO  HUNDRED  ONE   OF   THE
NOT-FOR-PROFIT  CORPORATION  LAW,  OR  IF  THE PROPERTY IS SOLD, AND ANY
PROCEEDS OF SUCH SALE ARE NOT DIRECTED  TO  A  NON-BUSINESS  PURPOSE  OR
PURPOSES  DESCRIBED  IN  PARAGRAPH (B) OF SECTION TWO HUNDRED ONE OF THE
NON-FOR-PROFIT CORPORATION LAW, THE LABEL AFFIXED TO THE PUBLICLY ACCES-
SIBLE COLLECTION BIN PURSUANT TO THIS SECTION SHALL STATE:
  DONATED ITEMS WILL BE USED FOR PROFIT
  THE VALUE OF ITEMS PLACED IN THIS BIN IS NOT TAX-DEDUCTIBLE.
  (C) ALL COLLECTION BINS OWNED BY A NOT-FOR-PROFIT  ORGANIZATION  SHALL
AFFIX  A  STATEMENT  DESCRIBING  THE CHARITABLE CAUSES THAT WILL BENEFIT
FROM DONATIONS.
  (D) ANY COLLECTION BINS OPERATED BY CORPORATE FUNDRAISERS OR ANY ENTI-
TY PLACING AND OPERATING COLLECTION BINS  FOR  THE  BENEFIT  OF  ANOTHER
FOR-PROFIT  ENTITY  OR NOT-FOR-PROFIT ENTITY SHALL ABIDE BY THE REQUIRE-
MENTS OF THE ABOVE AND ANY ADDITIONAL GUIDELINES AND  LABELING  REQUIRE-
MENTS UNDER STATE LAW.
  5. MAINTENANCE REQUIREMENTS:
  (A)   BINS  SHALL  BE  SERVICED  AND  EMPTIED  AS  NEEDED,  OR  WITHIN
TWENTY-FOUR HOURS, DURING REGULAR BUSINESS HOURS, OF A  REQUEST  BY  THE
PROPERTY  OWNER  OR  OWNER'S  AGENT,  INCLUDING  REQUESTS FOR REMOVAL OF
DEBRIS AND BULK ITEMS;
  (B) REMOVE GRAFFITI ON THE OUTSIDE OF BINS WITHIN SEVENTY-TWO HOURS OF
REQUESTS OR OTHERWISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (C) REPAIR DAMAGED BINS WITHIN SEVENTY-TWO HOURS OF REQUESTS OR OTHER-
WISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (D) SECURE EACH COLLECTION BIN WITH A TAMPER-RESISTANT LOCK; AND
  (E) MAINTAIN THE AESTHETIC PRESENTATION OF SUCH BIN,  INCLUDING  FRESH
PAINT AND READABLE SIGNAGE.
  6.  (A)  In addition to penalties provided for in any other provisions
of law, in the event that a publicly accessible collection bin is placed
on city property, or property maintained by the city, or on  any  public
sidewalk  or  roadway,  the  owner of the publicly accessible collection
bin, if the address of such owner is ascertainable, shall be notified by
the  department  of  sanitation  by  certified  mail,   return   receipt
requested,  that such publicly accessible collection bin must be removed

A. 5317                             6

within thirty days from the mailing of  such  notice.  A  copy  of  such
notice,  regardless  of whether the address of such owner is ascertaina-
ble, shall also be affixed to the publicly  accessible  collection  bin.
This  notice  shall state that if the address of the owner is not ascer-
tainable and notice is not mailed by the department of sanitation,  such
publicly  accessible  collection  bin must be removed within thirty days
from the affixation of such notice. This notice shall  also  state  that
the  failure to remove the publicly accessible collection bin within the
designated time period will result in the removal and  disposal  of  the
publicly accessible collection bin by the department of sanitation. This
notice  shall  also  state  that  if the owner objects to removal on the
grounds that the bin is not on city property, or property maintained  by
the  city,  or  on  any  public sidewalk or roadway, such owner may send
written objection to the department of sanitation at the  address  indi-
cated  on  the notice within twenty days from the mailing of such notice
or, if the address of such owner is not ascertainable and notice is  not
mailed  by  the  department  of  sanitation, within twenty days from the
affixation of such notice, with proof that the bin is on private proper-
ty. Proof that the bin is on private property shall include, but not  be
limited  to,  a  survey  of the property prepared by a licensed surveyor
that is certified to the record owner of such property.
  (B) THE OWNER OF ANY BIN THAT VIOLATES THE PROVISIONS RELATED  TO  THE
DISPLAY  OF INFORMATION OR MAINTENANCE PROVISIONS, SHALL BE SUBJECT TO A
FIFTY DOLLAR FINE FOR THE FIRST OFFENSE, AND A ONE HUNDRED  DOLLAR  FINE
FOR EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN MONTH PERIOD.
  S  3.  Section  10-169  of  the administrative code of the city of New
York, as amended by local law number 67 of the city of New York for  the
year 2014, is amended to read as follows:
  S 10-169 Regulation of publicly accessible collection bins.
  a. Definitions. For purposes of this section:
  "Commissioner" shall mean the commissioner of sanitation.
  "Department" shall mean the department of sanitation.
  "Publicly accessible collection bin" shall mean any outdoor container,
other  than any container placed by any government or governmental agen-
cy, or its contractors or licensees, that allows for any member  of  the
public to deposit items into the container for the purpose of collection
by the owner of such container.
  b.  Requirements. All publicly accessible collection bins shall comply
with the following provisions:
  1. Each individual publicly accessible collection bin shall prominent-
ly display on the front and on at least one other side of the  bin,  the
name,  address  [and],  telephone number, E-MAIL ADDRESS AND WEBSITE, IF
APPLICABLE, of the owner of the bin AND  ANY  AGENT  THEREOF  WHERE  THE
OWNER  OF  THE  PUBLICLY  ACCESSIBLE  COLLECTION BIN OR ITS AGENT CAN BE
REACHED DURING ORDINARY BUSINESS HOURS.  IF MORE THAN ONE AGENT  REPRES-
ENTS  AN  OWNER  OF  THE PUBLICLY ACCESSIBLE COLLECTION BIN, INCLUDING A
FOR-PROFIT ENTITY, ON BEHALF OF, OR IN CONJUNCTION WITH A NOT-FOR-PROFIT
ORGANIZATION, ALL OF THE AGENTS' NAMES, LEGAL  ADDRESSES  AND  TELEPHONE
NUMBERS  MUST  BE  DISPLAYED.  ADDITIONALLY,  EACH  COLLECTION  BIN MUST
DISPLAY ANY PERMIT OR LICENSE REQUIRED BY  LOCAL  LAW  OF  SUCH  PERSON,
BUSINESS,  NOT-FOR-PROFIT  ORGANIZATION OR ENTITY AND ANY AGENT THEREOF,
IF APPLICABLE; AND A STATEMENT THAT SHALL TAKE THE FOLLOWING  FORM:  FOR
MORE  INFORMATION,  CONTACT THE DEPARTMENT OF LAW AT (INSERT THE CURRENT
TELEPHONE NUMBER ESTABLISHED BY THE  DEPARTMENT  OF  LAW  FOR  RECEIVING
INQUIRIES  FROM CONSUMERS) OR (INSERT THE CURRENT ADDRESS OF THE WEBSITE
OF THE DEPARTMENT OF LAW) SHALL BE INCLUDED  IN  THE  DISCLOSURE  LABEL.

A. 5317                             7

This  information  shall be printed in characters that are plainly visi-
ble. In no event shall a post office box  be  considered  an  acceptable
address for purposes of this paragraph.
  2.  No  publicly  accessible  collection bin may be placed on any city
property, or property maintained by the city, or on any public  sidewalk
or roadway.
  3.  No  publicly  accessible  collection  bin  shall  be placed on any
private property without the written permission of the property owner or
the property owner's designated agent. THE OWNER OR LESSEE OF THE  PROP-
ERTY  WHERE  THE  PUBLICLY  ACCESSIBLE COLLECTION BIN IS LOCATED, OR THE
OWNER OR LESSEE'S AUTHORIZED AGENT MAY RESCIND SUCH CONSENT AT ANY TIME,
PROVIDED, WRITTEN NOTICE OF SUCH RESCISSION IS PROVIDED TO THE BIN OWNER
AT LEAST TEN DAYS PRIOR TO THE BIN'S  REMOVAL.  PROPERTY  OWNERS  OR  AN
OWNER'S  AGENT  ARE NOT SUBJECT TO CIVIL LIABILITY FROM A COLLECTION BIN
OPERATOR FOR THE REMOVAL OF AN UNAUTHORIZED  BIN  OR  WHERE  REMOVAL  IS
NECESSARY  TO  COMPLY  WITH LOCAL ZONING ORDINANCES. PROPERTY OWNERS MAY
REMOVE A COLLECTION BIN IN ORDER TO COMPLY WITH A LOCAL ZONING ORDINANCE
WITHOUT GIVING PRIOR NOTICE TO THE COLLECTION BIN  OWNER.  THE  PROPERTY
OWNER SHALL INFORM THE BIN OPERATOR OF THE LOCATION TO WHICH THE BIN WAS
REMOVED, OR ANY OTHER DISPOSITION OF THE BIN.
  4. The owner of a publicly accessible collection bin placed on private
property with the written permission of the property owner, or the prop-
erty  owner's  designated agent, and the owner of the property where the
bin is located shall be responsible for maintaining such bin in a  clean
and  neat  condition.  THE  FOLLOWING  MAINTENANCE REQUIREMENTS SHALL BE
ADHERED TO:
  (A)  BINS  SHALL  BE  SERVICED  AND  EMPTIED  AS  NEEDED,  OR   WITHIN
TWENTY-FOUR  HOURS,  DURING  REGULAR BUSINESS HOURS, OF A REQUEST BY THE
PROPERTY OWNER OR OWNER'S  AGENT,  INCLUDING  REQUESTS  FOR  REMOVAL  OF
DEBRIS AND BULK ITEMS;
  (B) REMOVE GRAFFITI ON THE OUTSIDE OF BINS WITHIN SEVENTY-TWO HOURS OF
REQUESTS OR OTHERWISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (C) REPAIR DAMAGED BINS WITHIN SEVENTY-TWO HOURS OF REQUESTS OR OTHER-
WISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (D) SECURE EACH COLLECTION BIN WITH A TAMPER-RESISTANT LOCK; AND
  (E)  MAINTAIN  THE AESTHETIC PRESENTATION OF SUCH BIN, INCLUDING FRESH
PAINT AND READABLE SIGNAGE.
  5. A STATEMENT THAT NOTHING SHALL BE LEFT OUTSIDE OF SUCH BIN SHALL BE
AFFIXED ON EACH BIN WITH AN ADDITIONAL STATEMENT REGARDING  THE  PURPOSE
OR  PURPOSES FOR THE PROPERTY COLLECTED IN THE BIN USING LETTERS NO LESS
THAN TWO INCHES IN HEIGHT SHALL BE AFFIXED ON EACH BIN AS FOLLOWS:
  (I)  IF  ALL  OF  THE  PROPERTY  PLACED  IN  THE  PUBLICLY  ACCESSIBLE
COLLECTION  BIN  IS  DIRECTED  TO  A NON-BUSINESS PURPOSE OR PURPOSES AS
DESCRIBED  IN  PARAGRAPH  (B)  OF  SECTION  TWO  HUNDRED  ONE   OF   THE
NOT-FOR-PROFIT  CORPORATION  LAW  OR,  IF  THE  PROPERTY IS SOLD AND ALL
PROCEEDS OF SUCH SALE ARE DIRECTED TO A NON-BUSINESS PURPOSE OR PURPOSES
DESCRIBED  IN  PARAGRAPH  (B)  OF  SECTION  TWO  HUNDRED  ONE   OF   THE
NOT-FOR-PROFIT CORPORATION LAW, THE LABEL AFFIXED TO THE PUBLICLY ACCES-
SIBLE COLLECTION BIN PURSUANT TO THIS SECTION SHALL STATE:
  DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
  THE VALUE OF ITEMS PLACED IN THIS BIN IS TAX-DEDUCTIBLE.
  OR
  (II)  IF  ANY  OF  THE  PROPERTY  PLACED  IN  THE  PUBLICLY ACCESSIBLE
COLLECTION BIN IS NOT DIRECTED TO A NON-BUSINESS PURPOSE OR PURPOSES  AS
DESCRIBED   IN   PARAGRAPH  (B)  OF  SECTION  TWO  HUNDRED  ONE  OF  THE
NOT-FOR-PROFIT CORPORATION LAW, OR IF THE  PROPERTY  IS  SOLD,  AND  ANY

A. 5317                             8

PROCEEDS  OF  SUCH  SALE  ARE  NOT DIRECTED TO A NON-BUSINESS PURPOSE OR
PURPOSES DESCRIBED IN PARAGRAPH (B) OF SECTION TWO HUNDRED  ONE  OF  THE
NOT-FOR-PROFIT CORPORATION LAW, THE LABEL AFFIXED TO THE PUBLICLY ACCES-
SIBLE COLLECTION BIN PURSUANT TO THIS SECTION SHALL STATE:
  DONATED ITEMS WILL BE USED FOR PROFIT
  THE VALUE OF ITEMS PLACED IN THIS BIN IS NOT TAX-DEDUCTIBLE.
  (C)  ALL  COLLECTION BINS OWNED BY A NOT-FOR-PROFIT ORGANIZATION SHALL
AFFIX A STATEMENT DESCRIBING THE CHARITABLE  CAUSES  THAT  WILL  BENEFIT
FROM DONATIONS.
  (D) ANY COLLECTION BINS OPERATED BY CORPORATE FUNDRAISERS OR ANY ENTI-
TY  PLACING  AND  OPERATING  COLLECTION  BINS FOR THE BENEFIT OF ANOTHER
FOR-PROFIT ENTITY OR NOT-FOR-PROFIT ENTITY SHALL ABIDE BY  THE  REQUIRE-
MENTS  OF  THE ABOVE AND ANY ADDITIONAL GUIDELINES AND LABELING REQUIRE-
MENTS UNDER STATE LAW.
  6. All owners of publicly accessible collection bins that  are  placed
on  private  property with the written permission of the property owner,
or the property owner's designated agent, shall be required to  register
with  the department. Such registration, at a minimum, shall include the
location of the publicly accessible collection bin, the type of material
collected in the bin, and the name, address, and telephone number of the
owner. On or before August first, two  thousand  fifteen,  and  annually
thereafter,  each  such  owner shall submit a report to the commissioner
identifying the weight of  the  material  collected  during  the  period
beginning on July first of the year preceding the year the report is due
and  ending on June thirtieth of the year the report is due. It shall be
unlawful for the owner of any  publicly  accessible  collection  bin  to
submit a report containing false or misleading information or to fail to
submit a report in accordance with this paragraph.
  [6]  7.  In addition to penalties provided for in any other provisions
of law, in the event that a publicly accessible collection bin is placed
on any city property, or property maintained by  the  city,  or  on  any
public  sidewalk  or roadway, the department shall have the authority to
remove such bin. Any publicly accessible collection bin  placed  on  any
city  property,  or  property  maintained  by the city, or on any public
sidewalk or roadway, shall be presumed to have been placed there  inten-
tionally.   If the name and address of the owner of such publicly acces-
sible collection bin are located on the bin and are legible, such  owner
shall  be  notified  by the department by certified mail, return receipt
requested, that such publicly accessible collection bin was  removed  by
the  department and that the owner can claim such bin through the proce-
dure established by rule. If the name and address of the owner  of  such
publicly accessible collection bin are not located on the bin or are not
legible,  the  commissioner  may  dispose of such bin in accordance with
applicable law and rules thirty days after removal. Any owner who  seeks
to  claim  a publicly accessible collection bin that has been removed by
the department shall pay the penalty established by this section and the
costs of removal and storage, unless, after adjudication by the environ-
mental control board, the owner is found not liable for  violating  this
section,  in  which  case  such  bin shall be released forthwith, and no
removal or storage costs  shall  be  imposed  as  a  condition  of  such
release. If any publicly accessible collection bin is not claimed within
thirty  days of the mailing of notice to the owner, the commissioner may
dispose of such bin in accordance with applicable law and rules.
  c. Any person who violates the provisions of paragraph two of subdivi-
sion b of this section shall be liable for a civil  penalty  recoverable
in  a  proceeding  before the environmental control board of two hundred

A. 5317                             9

fifty dollars for the first offense and five hundred  dollars  for  each
subsequent  offense  within  any  eighteen-month  period. Any person who
violates the provisions of  paragraph  two  of  subdivision  b  of  this
section  by  attaching or enclosing by any means any publicly accessible
collection bin to or on any city property, or property maintained by the
city, or on any public sidewalk or roadway, shall be liable for a  civil
penalty  recoverable  in  a  proceeding before the environmental control
board of five hundred dollars for the first  offense  and  one  thousand
dollars  for  each  subsequent offense within any eighteen-month period.
For purposes of this section, each publicly  accessible  collection  bin
placed  on  any city property, or property maintained by the city, or on
any public sidewalk or roadway, shall be deemed a separate violation.
  d. Any person who violates the provisions of paragraphs one,  four  or
five of subdivision b of this section shall be liable for a civil penal-
ty recoverable in a proceeding before the environmental control board of
fifty  dollars  for  the  first offense and one hundred dollars for each
subsequent offense within any eighteen-month period.
  e. The commissioner may promulgate such  rules  as  are  necessary  to
implement  the provisions of this section including, but not limited to,
rules relating to:
  1. payment, by the owner, of removal and storage costs incurred by the
commissioner,
  2. registration and reporting  requirements  for  publicly  accessible
collection bins placed on private property,
  3.  the  procedures  for  claiming publicly accessible collection bins
that are removed by the department, and
  4. the disposal of publicly accessible collection bins that have  been
removed  by  the department and claimed by an owner in cases where there
is a subsequent failure to collect such bins.
  S 4. This act shall take effect immediately; provided however, that if
local law number 67 of the city of New York for the year 2014 shall  not
have  taken  effect  by  such date, then section three of this act shall
take effect on the same date and in the same manner as such  local  law,
as amended, takes effect.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A5317A - Details

See Senate Version of this Bill:: S5893
Law Section:: General Business Law
Laws Affected:: Amd §399-bbb, Gen Bus L

2015-A5317A - Summary

Relates to requirements and violations regarding publicly accessible collection bins.

2015-A5317A - Bill Text download pdf

                            
                    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:

  Section 1. Section 399-bbb of the general business law,  as  added  by
chapter 264 of the laws of 2010, is amended to read as follows:
  S 399-bbb. Solicitations by container; disclosures. 1. As used in this
section  the term "PUBLICLY ACCESSIBLE collection [container] BIN" shall
mean an unattended canister, box, receptacle, or  similar  device,  used
for  the solicitation and collection of personal property, not including
money or evidences of debt. Such term shall not  include  an  unattended
canister,  box,  receptacle, or similar device, used exclusively for the
collection of used paper, cardboard, motor oil, bottles, cans  or  other
receptacles or materials, not including textiles, for recycling or waste
diversion purposes.
  2.  A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL NOT BE PLACED ON PUBLIC
PROPERTY; IF PLACED ON PUBLIC PROPERTY, THE LOCAL MUNICIPALITY MAY IMME-
DIATELY REMOVE AND DISPOSE OF SUCH BIN.
  3. Any person, business, not-for-profit organization or  other  entity
or  entities,  or  an agent or agents, whether paid or not paid, of such
person, business, not-for-profit organization or other entity, who plac-
es a PUBLICLY ACCESSIBLE collection [container] BIN in a public place on
[public or] private property shall  affix  to  the  PUBLICLY  ACCESSIBLE
collection  [container]  BIN a label that is designed to be incapable of
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

in  at  least  twenty-four point type unless otherwise specified in this
section and on the front of the PUBLICLY ACCESSIBLE collection [contain-
er] BIN in a manner that is readily visible  to  an  individual  placing
property  in  the  PUBLICLY  ACCESSIBLE  collection  [container] BIN the
following:
  (a) the name of the person, business, not-for-profit  organization  or
other  entity  which owns the PUBLICLY ACCESSIBLE collection [container]
BIN and any agent thereof; the legal address  [and],  telephone  number,
E-MAIL  ADDRESS  AND  WEBSITE,  IF APPLICABLE, of such person, business,
not-for-profit organization or other entity and any agent thereof  where
the  owner  of the PUBLICLY ACCESSIBLE collection [container] BIN or its
agent can be reached during ordinary business hours; any [registrations]
PERMIT OR LICENSE required by [state or] local law of such person, busi-
ness, not-for-profit organization or other entity and any agent thereof;
A STATEMENT THAT NOTHING SHALL BE LEFT OUTSIDE  OF  SUCH  BIN;  and,  IF
REQUIRED  BY STATE OR LOCAL LAW, a statement that shall take the follow-
ing form: For more information, contact the department of law at (insert
the current telephone number established by the department  of  law  for
receiving  inquiries  from  consumers) or (insert the current address of
the website of the department of law). If more than  one  person,  busi-
ness,  not-for-profit  organization  or  other  entity  own the PUBLICLY
ACCESSIBLE collection [container] BIN, all of the owners'  names,  legal
addresses, telephone numbers and any [registrations] PERMITS OR LICENSES
required by [state or] local law of such owners shall be included in the
disclosure  label.  If  more  than  one agent represents an owner of the
PUBLICLY ACCESSIBLE collection [container] BIN, INCLUDING  A  FOR-PROFIT
ENTITY,  ON BEHALF OF, OR IN CONJUNCTION WITH A NOT-FOR-PROFIT ORGANIZA-
TION, all of the agents' names, legal addresses, telephone  numbers  and
any [registrations] PERMITS OR LICENSES required by [state or] local law
of such owners shall be included in the disclosure label; and
  (b)  a  statement  about  the  purpose  or  purposes  for the property
collected in the [container] BIN using letters no less than  two  inches
in height as follows:
  (i)  if  all  of  the  property  placed  in  the  PUBLICLY  ACCESSIBLE
collection [container] BIN is directed  to  a  non-business  purpose  or
purposes as described in paragraph (b) of section two hundred one of the
not-for-profit  corporation  law  or,  if  the  property is sold and all
proceeds of such sale are directed to a non-business purpose or purposes
described in paragraph (b) of section two hundred one  of  the  not-for-
profit  corporation  law,  the  label affixed to the PUBLICLY ACCESSIBLE
collection [container] BIN pursuant to this section shall state:
  DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
  The value of items placed in this [container] BIN is tax-deductible.
  or
  (ii) if [all] ANY of the property placed in  the  PUBLICLY  ACCESSIBLE
collection  [container] BIN is not directed to a non-business purpose or
purposes as described in paragraph (b) of section two hundred one of the
not-for-profit corporation law, or if the property is  sold,  and  [all]
ANY  proceeds of such sale are not directed to a non-business purpose or
purposes described in paragraph (b) of section two hundred  one  of  the
not-for-profit corporation law, the label affixed to the PUBLICLY ACCES-
SIBLE collection [container] BIN pursuant to this section shall state:
  DONATED ITEMS WILL BE USED FOR PROFIT
  The  value of items placed in this [container] BIN is NOT tax-deducti-
ble.

A. 5317--A                          3

  (C) FOR COLLECTION BINS OWNED  BY  A  NOT-FOR-PROFIT  ORGANIZATION,  A
STATEMENT  DESCRIBING  THE  CHARITABLE  CAUSES  THAT  WILL  BENEFIT FROM
DONATIONS; AND
  (D)  COLLECTION  BINS  OPERATED BY CORPORATE FUNDRAISERS OR ANY ENTITY
PLACING AND  OPERATING  COLLECTION  BINS  FOR  THE  BENEFIT  OF  ANOTHER
FOR-PROFIT  ENTITY  OR NOT-FOR-PROFIT ENTITY SHALL ABIDE BY THE REQUIRE-
MENTS OF THE ABOVE AND ANY ADDITIONAL GUIDELINES AND  LABELING  REQUIRE-
MENTS UNDER STATE OR LOCAL LAW AS APPLICABLE.
  [3]  4.  The owner of a PUBLICLY ACCESSIBLE collection [container] BIN
shall obtain written consent from the owner or lessee  of  the  property
where  the PUBLICLY ACCESSIBLE collection [container] BIN is located, or
the owner or lessee's authorized agent, stating that the  owner  of  the
PUBLICLY  ACCESSIBLE  collection [container] BIN has received permission
to place the [box] BIN on the property. Upon request of any local juris-
diction, documentation evidencing the  written  consent  shall  be  made
available by the owner of the PUBLICLY ACCESSIBLE collection [container]
BIN.  THE  OWNER OR LESSEE OF THE PROPERTY WHERE THE PUBLICLY ACCESSIBLE
COLLECTION BIN IS LOCATED, OR THE OWNER OR LESSEE'S AUTHORIZED AGENT MAY
RESCIND SUCH CONSENT AT ANY  TIME,  PROVIDED,  WRITTEN  NOTICE  OF  SUCH
RESCISSION  IS  PROVIDED TO THE BIN OWNER AT LEAST TEN DAYS PRIOR TO THE
BIN'S REMOVAL.  WRITTEN NOTICE OF RESCISSION OF  CONSENT,  IF  GIVEN  BY
FIRST-CLASS  MAIL,  SHALL  BE  DEEMED  GIVEN WHEN DEPOSITED IN A MAILBOX
PROPERLY ADDRESSED AND ADEQUATE POSTAGE  PREPAID.  SUCH  WRITTEN  NOTICE
SHALL BE EFFECTIVE IRRESPECTIVE OF THE FORM OF SUCH WRITTEN NOTICE IF IT
INDICATES  THE  INTENTION  OF  THE  OWNER  OR  LESSEE OF THE PROPERTY TO
RESCIND THE CONSENT PREVIOUSLY GIVEN BY THE PROPERTY OWNER  OR  LESSEE'S
AUTHORIZED AGENT. AFTER TEN DAYS OF PROVIDING NOTICE, THE PROPERTY OWNER
OR  LESSEE  MAY REMOVE AND DISPOSE OF SUCH BIN, AND ANY COSTS ASSOCIATED
WITH SUCH REMOVAL OR DISPOSAL SHALL BE RECOVERABLE FROM THE OWNER OF THE
PUBLICLY ACCESSIBLE COLLECTION BIN.
  [4] 5. THE OWNER OF A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL  ADHERE
TO THE FOLLOWING MAINTENANCE REQUIREMENTS:
  (A)  BINS SHALL BE SERVICED AND EMPTIED AS NEEDED OR WITHIN THREE DAYS
OF A REQUEST BY THE PROPERTY OWNER OR OWNER'S AGENT, INCLUDING  REQUESTS
FOR REMOVAL OF DEBRIS AND BULK ITEMS;
  (B) REMOVE GRAFFITI ON THE OUTSIDE OF BINS WITHIN SEVENTY-TWO HOURS OF
REQUESTS OR OTHERWISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (C) REPAIR DAMAGED BINS WITHIN SEVENTY-TWO HOURS OF REQUESTS OR OTHER-
WISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (D) SECURE EACH COLLECTION BIN WITH A TAMPER-RESISTANT LOCK; AND
  (E)  MAINTAIN  THE AESTHETIC PRESENTATION OF SUCH BIN, INCLUDING FRESH
PAINT AND READABLE SIGNAGE.
  6. PROPERTY OWNERS OR AN  OWNER'S  AGENT  ARE  NOT  SUBJECT  TO  CIVIL
LIABILITY FROM A COLLECTION BIN OPERATOR FOR THE REMOVAL OF AN UNAUTHOR-
IZED BIN OR WHERE REMOVAL IS NECESSARY TO COMPLY WITH LOCAL ZONING ORDI-
NANCES.  PROPERTY  OWNERS MAY REMOVE A COLLECTION BIN IN ORDER TO COMPLY
WITH A STATE OR LOCAL ZONING ORDINANCE, AS  APPLICABLE,  WITHOUT  GIVING
PRIOR  NOTICE  TO  THE  COLLECTION  BIN  OWNER. THE PROPERTY OWNER SHALL
INFORM THE BIN OPERATOR OF THE LOCATION TO WHICH THE BIN WAS REMOVED, OR
ANY OTHER DISPOSITION OF THE BIN, AND ANY  COSTS  ASSOCIATED  WITH  SUCH
REMOVAL  OR DISPOSAL SHALL BE RECOVERABLE FROM THE OWNER OF THE PUBLICLY
ACCESSIBLE COLLECTION BIN.
  7. (a) Any violation of the provisions of this section shall be deemed
a deceptive practice within the meaning of section three hundred  forty-
nine  of this chapter and any remedy provided therein shall be available
for the enforcement of this section. In addition, the district attorney,

A. 5317--A                          4

county attorney, and  the  corporation  counsel  shall  have  concurrent
authority  to  seek the relief in paragraph [b] (B) of this subdivision,
and all civil penalties obtained in any such action shall be retained by
the municipality or county IN WHICH SUCH BIN IS PLACED.
  (b)  In every case where the court shall determine that a violation of
this section has occurred, it may impose a civil  penalty  of  not  more
than five thousand dollars for each violation.
  (I)  ANY  BIN IN VIOLATION OF THE PROVISIONS RELATED TO THE DISPLAY OF
INFORMATION OR UNPERMITTED PLACEMENT SHALL SUBJECT THE OWNER OF SUCH BIN
TO A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR THE  FIRST  OFFENSE,
AND  A  FIVE  HUNDRED  DOLLAR FINE FOR EACH SUBSEQUENT OFFENSE WITHIN AN
EIGHTEEN MONTH PERIOD.
  (II) ANY BIN IN VIOLATION OF THE MAINTENANCE PROVISIONS SHALL  SUBJECT
THE  OWNER OF SUCH BIN TO A FIFTY DOLLAR FINE FOR THE FIRST OFFENSE, AND
A ONE HUNDRED DOLLAR FINE FOR EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN
MONTH PERIOD.
  (c) It shall be a defense to the imposition of any  civil  penalty  or
any  other remedy in an action brought to enforce the provisions of this
section if the person or entity affixed a  label  as  required  by  this
section  and such label was removed or defaced by vandals, provided that
such person or entity subsequently complies  with  the  requirements  of
this section.
  (d)  Nothing  in this section shall be construed to restrict any right
which any person may have under any other statute or the common law.
  S 2.  This act shall take effect on  the  one  hundred  eightieth  day
after  it shall have become a law and shall apply to all publicly acces-
sible collection bins in place on the effective date of this act and all
publicly accessible collection bins placed subsequent to  the  effective
date of this act.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A5317B (ACTIVE) - Details

See Senate Version of this Bill:: S5893
Law Section:: General Business Law
Laws Affected:: Amd §399-bbb, Gen Bus L

2015-A5317B (ACTIVE) - Summary

Relates to requirements and violations regarding publicly accessible collection bins.

2015-A5317B (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Section 399-bbb of the general business law,  as  added  by
chapter 264 of the laws of 2010, is amended to read as follows:
  S 399-bbb. Solicitations by container; disclosures. 1. As used in this
section  the term "PUBLICLY ACCESSIBLE collection [container] BIN" shall
mean an unattended canister, box, receptacle, or  similar  device,  used
for  the solicitation and collection of personal property, not including
money or evidences of debt. Such term shall not  include  an  unattended
canister,  box,  receptacle, or similar device, used exclusively for the
collection of used paper, cardboard, motor oil, bottles, cans  or  other
receptacles or materials, not including textiles, for recycling or waste
diversion purposes.
  2.  A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL NOT BE PLACED ON PUBLIC
PROPERTY; IF PLACED ON PUBLIC PROPERTY, THE LOCAL MUNICIPALITY MAY IMME-
DIATELY REMOVE AND DISPOSE OF SUCH BIN.
  3. Any person, business, not-for-profit organization or  other  entity
or  entities,  or  an agent or agents, whether paid or not paid, of such
person, business, not-for-profit organization or other entity, who plac-
es a PUBLICLY ACCESSIBLE collection [container] BIN in a public place on
[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

collection  [container]  BIN a label that is designed to be incapable of
being destroyed or removed and that clearly and  conspicuously  displays
in  at  least  twenty-four point type unless otherwise specified in this
section and on the front of the PUBLICLY ACCESSIBLE collection [contain-
er]  BIN  in  a  manner that is readily visible to an individual placing
property in the  PUBLICLY  ACCESSIBLE  collection  [container]  BIN  the
following:
  (a)  the  name of the person, business, not-for-profit organization or
other entity which owns the PUBLICLY ACCESSIBLE  collection  [container]
BIN  and  any  agent thereof; the legal address [and], telephone number,
E-MAIL ADDRESS AND WEBSITE, IF APPLICABLE,  of  such  person,  business,
not-for-profit  organization or other entity and any agent thereof where
the owner of the PUBLICLY ACCESSIBLE collection [container] BIN  or  its
agent can be reached during ordinary business hours; any [registrations]
PERMIT OR LICENSE required by [state or] local law of such person, busi-
ness, not-for-profit organization or other entity and any agent thereof;
A STATEMENT THAT NOTHING SHALL BE LEFT OUTSIDE OF SUCH BIN; and a state-
ment  that  shall take the following form: For more information, contact
the department of law at (insert the  current  telephone  number  estab-
lished  by the department of law for receiving inquiries from consumers)
or (insert the current address of the website of the department of law).
If more than one person, business, not-for-profit organization or  other
entity  own  the  PUBLICLY ACCESSIBLE collection [container] BIN, all of
the owners' names, legal addresses, telephone numbers and any [registra-
tions] PERMITS OR LICENSES required by [state  or]  local  law  of  such
owners shall be included in the disclosure label. If more than one agent
represents  an  owner  of the PUBLICLY ACCESSIBLE collection [container]
BIN, INCLUDING A FOR-PROFIT ENTITY, ON BEHALF OF, OR IN CONJUNCTION WITH
A  NOT-FOR-PROFIT  ORGANIZATION,  all  of  the  agents'   names,   legal
addresses, telephone numbers and any [registrations] PERMITS OR LICENSES
required by [state or] local law of such owners shall be included in the
disclosure label; and
  (b)  a  statement  about  the  purpose  or  purposes  for the property
collected in the [container] BIN using letters no less than  two  inches
in height as follows:
  (i)  if  all  of  the  property  placed  in  the  PUBLICLY  ACCESSIBLE
collection [container] BIN is directed  to  a  non-business  purpose  or
purposes as described in paragraph (b) of section two hundred one of the
not-for-profit  corporation  law  or,  if  the  property is sold and all
proceeds of such sale are directed to a non-business purpose or purposes
described in paragraph (b) of section two hundred one  of  the  not-for-
profit  corporation  law,  the  label affixed to the PUBLICLY ACCESSIBLE
collection [container] BIN pursuant to this section shall state:
  DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
  The value of items placed in this [container] BIN is tax-deductible.
  or
  (ii) if [all] ANY of the property placed in  the  PUBLICLY  ACCESSIBLE
collection  [container] BIN is not directed to a non-business purpose or
purposes as described in paragraph (b) of section two hundred one of the
not-for-profit corporation law, or if the property is  sold,  and  [all]
ANY  proceeds of such sale are not directed to a non-business purpose or
purposes described in paragraph (b) of section two hundred  one  of  the
not-for-profit corporation law, the label affixed to the PUBLICLY ACCES-
SIBLE collection [container] BIN pursuant to this section shall state:
  DONATED ITEMS WILL BE USED FOR PROFIT

A. 5317--B                          3

  The  value of items placed in this [container] BIN is NOT tax-deducti-
ble.
  (C)  FOR  COLLECTION  BINS  OWNED  BY A NOT-FOR-PROFIT ORGANIZATION, A
STATEMENT DESCRIBING  THE  CHARITABLE  CAUSES  THAT  WILL  BENEFIT  FROM
DONATIONS; AND
  (D)  COLLECTION  BINS  OPERATED BY CORPORATE FUNDRAISERS OR ANY ENTITY
PLACING AND  OPERATING  COLLECTION  BINS  FOR  THE  BENEFIT  OF  ANOTHER
FOR-PROFIT  ENTITY  OR NOT-FOR-PROFIT ENTITY SHALL ABIDE BY THE REQUIRE-
MENTS OF THE ABOVE AND ANY ADDITIONAL GUIDELINES AND  LABELING  REQUIRE-
MENTS UNDER STATE OR LOCAL LAW AS APPLICABLE.
  [3]  4.  The owner of a PUBLICLY ACCESSIBLE collection [container] BIN
shall obtain written consent from the owner or lessee  of  the  property
where  the PUBLICLY ACCESSIBLE collection [container] BIN is located, or
the owner or lessee's authorized agent, stating that the  owner  of  the
PUBLICLY  ACCESSIBLE  collection [container] BIN has received permission
to place the [box] BIN on the property. Upon request of any local juris-
diction, documentation evidencing the  written  consent  shall  be  made
available by the owner of the PUBLICLY ACCESSIBLE collection [container]
BIN.  THE  OWNER OR LESSEE OF THE PROPERTY WHERE THE PUBLICLY ACCESSIBLE
COLLECTION BIN IS LOCATED, OR THE OWNER OR LESSEE'S AUTHORIZED AGENT MAY
RESCIND SUCH CONSENT AT ANY  TIME,  PROVIDED,  WRITTEN  NOTICE  OF  SUCH
RESCISSION  IS  PROVIDED TO THE BIN OWNER AT LEAST TEN DAYS PRIOR TO THE
BIN'S REMOVAL.  WRITTEN NOTICE OF RESCISSION OF  CONSENT,  IF  GIVEN  BY
FIRST-CLASS  MAIL,  SHALL  BE  DEEMED  GIVEN WHEN DEPOSITED IN A MAILBOX
PROPERLY ADDRESSED AND ADEQUATE POSTAGE  PREPAID.  SUCH  WRITTEN  NOTICE
SHALL BE EFFECTIVE IRRESPECTIVE OF THE FORM OF SUCH WRITTEN NOTICE IF IT
INDICATES  THE  INTENTION  OF  THE  OWNER  OR  LESSEE OF THE PROPERTY TO
RESCIND THE CONSENT PREVIOUSLY GIVEN BY THE PROPERTY OWNER  OR  LESSEE'S
AUTHORIZED  AGENT.  TEN  DAYS AFTER GIVING NOTICE, THE PROPERTY OWNER OR
LESSEE MAY REMOVE AND DISPOSE OF SUCH  BIN,  AND  ANY  REASONABLE  COSTS
ASSOCIATED  WITH  SUCH REMOVAL OR DISPOSAL SHALL BE RECOVERABLE FROM THE
OWNER OF THE PUBLICLY ACCESSIBLE COLLECTION BIN.
  [4] 5. THE OWNER OF A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL  ADHERE
TO THE FOLLOWING MAINTENANCE REQUIREMENTS:
  (A)  BINS SHALL BE SERVICED AND EMPTIED AS NEEDED OR WITHIN SEVEN DAYS
OF A REQUEST BY THE PROPERTY OWNER OR OWNER'S AGENT, INCLUDING  REQUESTS
FOR REMOVAL OF DEBRIS AND BULK ITEMS;
  (B)  REMOVE  GRAFFITI  ON  THE  OUTSIDE  OF  BINS WITHIN SEVEN DAYS OF
REQUESTS OR OTHERWISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (C) REPAIR DAMAGED BINS WITHIN SEVEN DAYS  OF  REQUESTS  OR  OTHERWISE
BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
  (D) SECURE EACH COLLECTION BIN WITH A TAMPER-RESISTANT LOCK; AND
  (E)  MAINTAIN  THE AESTHETIC PRESENTATION OF SUCH BIN, INCLUDING FRESH
PAINT AND READABLE SIGNAGE.
  6.  WHENEVER A BIN IS REMOVED BY A PROPERTY OWNER IN  ACCORDANCE  WITH
THE  PROVISIONS OF THIS SECTION, THE PROPERTY OWNER SHALL INFORM THE BIN
OWNER OF THE LOCATION TO WHICH THE BIN WAS REMOVED, OR ANY OTHER  DISPO-
SITION OF THE BIN, AND ANY REASONABLE COSTS ASSOCIATED WITH SUCH REMOVAL
OR DISPOSAL SHALL BE RECOVERABLE FROM THE OWNER OF THE PUBLICLY ACCESSI-
BLE COLLECTION BIN.
  7. (a) Any violation of the provisions of this section shall be deemed
a  deceptive practice within the meaning of section three hundred forty-
nine of this chapter and any remedy provided therein shall be  available
for the enforcement of this section. In addition, the district attorney,
county  attorney,  and  the  corporation  counsel  shall have concurrent
authority to seek the relief in paragraph [b] (B) of  this  subdivision,

A. 5317--B                          4

and all civil penalties obtained in any such action shall be retained by
the municipality or county IN WHICH SUCH BIN IS PLACED.
  (b)  In every case where the court shall determine that a violation of
this section has occurred, it may impose a civil  penalty  of  not  more
than five thousand dollars for each violation.
  (I)  ANY  BIN  NOT  IN  COMPLIANCE  WITH THE PROVISIONS RELATED TO THE
DISPLAY OF INFORMATION OR UNPERMITTED PLACEMENT SHALL SUBJECT THE  OWNER
OF  SUCH  BIN  TO A CIVIL PENALTY OF UP TO TWO HUNDRED FIFTY DOLLARS FOR
THE FIRST OFFENSE, AND A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR
EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN MONTH PERIOD.
  (II) ANY BIN NOT IN COMPLIANCE WITH THE MAINTENANCE  PROVISIONS  SHALL
SUBJECT  THE OWNER OF SUCH BIN TO A CIVIL PENALTY OF UP TO FIFTY DOLLARS
FOR THE FIRST OFFENSE, AND A CIVIL PENALTY OF UP TO ONE HUNDRED  DOLLARS
FOR EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN MONTH PERIOD.
  (c)  It  shall  be a defense to the imposition of any civil penalty or
any other remedy in an action brought to enforce the provisions of  this
section  if  the  person  or  entity affixed a label as required by this
section and such label was removed or defaced by vandals, provided  that
such  person  or  entity  subsequently complies with the requirements of
this section.
  (d) Nothing in this section shall be construed to restrict  any  right
which any person may have under any other statute or the common law.
  S  2.    This  act  shall take effect on the one hundred eightieth day
after it shall have become a law and shall apply to all publicly  acces-
sible collection bins in place on the effective date of this act and all
publicly  accessible  collection bins placed subsequent to the effective
date of this act.

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Assembly Bill A5317B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 24, 2015 - Floor Vote

Floor Vote: Jun 24, 2015

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A5317 - Details

2015-A5317 - Summary

2015-A5317 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A5317A - Details

2015-A5317A - Summary

2015-A5317A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A5317B (ACTIVE) - Details

2015-A5317B (ACTIVE) - Summary

2015-A5317B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A5317B

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Sponsored By

BRAUNSTEIN

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Carmen E. Arroyo

Nily Rozic

Walter T. Mosley

Peter Abbate

multi-Sponsors

Vivian Cook

Deborah Glick

Joseph Lentol

Jo Anne Simon

2015-A5317 - Details

2015-A5317 - Summary

2015-A5317 - Bill Text download pdf

co-Sponsors

Carmen E. Arroyo

Nily Rozic

Walter T. Mosley

Peter Abbate

multi-Sponsors

Vivian Cook

Deborah Glick

Joseph Lentol

Jo Anne Simon

2015-A5317A - Details

2015-A5317A - Summary

2015-A5317A - Bill Text download pdf

co-Sponsors

Carmen E. Arroyo

Nily Rozic

Walter T. Mosley

Peter Abbate

multi-Sponsors

Vivian Cook

Deborah Glick

Joseph Lentol

Jo Anne Simon

2015-A5317B (ACTIVE) - Details

2015-A5317B (ACTIVE) - Summary

2015-A5317B (ACTIVE) - Bill Text download pdf

Comments