Relates to publicly accessible collection bins

Summary of specific provisions

Section 1. Amends Section 399-bbb of the general business law. This new section changes the term "collection container bin" to "publicly accessible collection bin." Additionally, the section prohibits the public placement of collection bins, and allows local municipalities to immediately remove and dispose of the bins. This section also requires, the disclosure of the email address and website, if applicable, of the person or organization operating the bin on the bin itself, in addition to the phone number and address, as well as a statement that nothing should be left outside of the bin. If an agent represents an owner of a collection bin, including a for-profit entity on behalf of, or in conjunction with a not-for-profit organization, that must also be disclosed.

If a bin is operated by a not-for-profit organization, a statement must be displayed describing the charitable causes that will benefit from donations. Additionally, collection bins operated by corporate fundraisers or entities, for the benefit of either another for-profit or nonprofit entity, must abide by all the disclosures and labeling requirements in this section of the law, and any additional guidelines and labeling requirements under state or local law as applicable. The bins must also display any permits or licenses that are required by local law, and the bins must display a statement that has contact information for the department of law for the public to obtain more information.

For publicly accessible collection bins that are placed on private property with the consent of the owner of the property, consent may be revoked at any time, provided written notice of the rescission is given to the bin owner at least ten days prior to the bin's removal. Written notice of such rescission is deemed given when deposited in a mailbox properly addressed and adequate postage prepaid. Such written notice shall be effective regardless of the form of the 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. The property owner or lessee may remove and dispose of such bin after ten days of providing notice, and any costs associated with such removal or disposal shall be recoverable from the owner of the publicly accessible collection bin.

This section also provides maintenance requirements for bin owners:

-bins must be serviced and emptied as needed, or within seven days of a maintenance request by the property owner, including requests for removal of debris and bulk items

-the owners must remove graffiti or repair damaged bins within seven days of requests or otherwise becoming aware of the vandalism

-the owners must secure collection bins with a tamper-resistant lock

-the owners must maintain the aesthetic presentation of such bin, including fresh paint and readable signage.

A property owner must inform the bin operator to where the bin was moved, or any other disposition of the bin when a bin is removed by a property owner. Additionally, any costs associated with such removal or disposal shall be recoverable from the owner of the publicly accessible collection bin.

Civil penalties shall be retained by the municipality or county in which such bin was placed. Additionally, 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 up to $250 for the first offense, and $500 fine for each subsequent offense within an 18 month period.

Additionally, any bin in violation of the maintenance provisions shall subject the owner of such bin to a civil penalty of $50 for the first offense, and up to $100 for each subsequent offense within an 18 month period.

Section 2. Provides the effective date.

Justification

Clothing collection bins have proliferated throughout New York City and State to such an extent that there are often two or three bins within a few blocks of another, These bins are often not maintained by their operators, and have served as trash receptacles for the public. While collection bins have long been considered a positive way to donate used clothing to those in need, collection bins are sometimes operated by irresponsible companies masquerading as charities. Legislation to ban collection bins on public property is necessary to curb this scourge on New York's neighborhoods.

This legislation adds maintenance requirements for the collection bins, and requires that disclosures be made by owners of the bins. The disclosures include whether or not a bin is operated by a non-profit organization or a for-profit business, or whether a bin is operated by a for-profit business in conjunction with a non-profit organization, a practice referred to as "rent-a-charity."

This legislation has been drafted with assistance from Secondary Materials And Recycled Textiles (SMART), an association that represents the wiping materials, used clothing, and fiber industries, with the goal of weeding out bad actors while not negatively impacting the responsible operators who are from these trades.

This legislation would also add maintenance requirements for collection bins for towns and municipalities throughout New York State, as neighborhoods in other parts of New York, such as Nassau and Suffolk Counties, have encountered similar problems with collection bins. The legislation would allow for the immediate removal of the bins by the towns if the bins are placed on public property and also provides guidance for private property owners who permit bins on their property.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to all publicly accessible 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.