New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 4 - Executive Orders (Mario M. Cuomo)
Section 4.129 - Executive Order No. 129: Implementation, operation and enforcement of New York State's Returnable Container Act. [*][DAGGER]
Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the effective, fair, and orderly implementation, operation and enforcement of New York's Returnable Container Act, (Environmental Conservation Law, article 27, Title 10) is of vital importance to the State because of its effect on solid waste issues and problems and on the State's ability to achieve environmental objectives on which the health and safety of its people depend; and
WHEREAS, the Department of Environmental Conservation (Department) is charged with the administration and enforcement of the Returnable Container Act (Act); and
WHEREAS, there is reason to believe that the Act is not as effective as it should be and that, to some degree, this ineffectiveness may be caused by industry practices that impede the proper administration and enforcement of the Act by the Department; and
WHEREAS, there is reason to believe that, to the extent the Act is ineffective in achieving redemption of beverage containers, it may be creating an unwarranted benefit for deposit initiators in the form of unclaimed deposits that such deposit initiators are permitted to retain under the Act; and
WHEREAS, numerous proposals for improving the effectiveness of the Act and the related regulatory and administrative procedures have been suggested which require further review; and
WHEREAS, the foregoing are within the management and affairs of the Department;
NOW, THEREFORE, pursuant to section six of the Executive Law, I, Mario M. Cuomo, Governor of the State of New York, do hereby appoint Robert S. Amdursky, Frances Beinecke, Rhoda H. Karpatkin, Lucille P. Pattison and Robert E. Rich, Jr. as Special Commissioners to investigate the operation, implementation and enforcement of the Act, and to make recommendations to strengthen and improve practices, procedures and regulatory and statutory provisions relating thereto, with the following duties, powers and authorities:
I
To investigate and determine (i) the extent to which the Act is not working effectively and fairly in achieving redemption of beverage containers and (ii) the reasons therefor, including without limitation:
(a) the net cost of compliance with the Act by distributors and retailers;
(b) the effects of transshipment of beer and soft drinks within the State;
(c) the incentives, if any, for distributors and retailers to discourage redemption;
(d) the steps, if any, taken by distributors and retailers to discourage redemption; and
(e) the sufficiency of the provisions of the Act.
II
To investigate and determine methods to improve the efficiency of the Act, including the estimated cost of implementing such methods and the projected impact of such costs on the various parties involved in the mandatory return system.
III
To investigate and determine the adequacy of State enforcement authority and efforts relating to the Act and whether enhanced enforcement is likely to be effective at reasonable cost.
IV
To investigate and determine the estimated amount of annual unclaimed deposits, if any, assuming that any improvements recommended by the Commission are implemented or that the Commission makes no such recommendations or its recommendations are not implemented.
V
To investigate and determine whether the retention of unclaimed deposits by the deposit originator is fair and equitable and consistent with an effective Act.
VI
To investigate and determine whether any such unclaimed deposits should be taken by the State and, if so, to what extent, by what means, and for what purpose or purposes, taking into consideration, among other things, the impact of such governmental action on the various parties involved in the system, including likely impact of such actions on consumer prices.
VII
To make recommendations for improving the effective, fair and orderly implementation, operation and enforcement of the Act including statutory and regulatory changes.
VIII
Robert S. Amdursky is hereby designated Chairman, and the Commissioners are hereby empowered to issue subpoenas, enforce the attendance of witnesses, administer oaths and examine witnesses under oath, and require the production of any books, papers or records, including computer records, deemed relevant or material, and I hereby give and grant to the Commissioners all and singular the powers and authorities which may be given or granted to persons appointed by me for such purpose under authority of section six of the Executive Law.
FURTHER, pursuant to subdivision eight of section sixty three of the Executive Law, I hereby direct the Attorney General to inquire into the matters set forth above involving public peace, public safety and public justice and I request that the Attorney General do so by appointing Robert S. Amdursky as a Deputy Attorney General and such counsel, deputies, officers and other persons as Robert S. Amdursky may require to accomplish the purpose of this Order and fix their compensation.
Every department division board bureau and agency of the agency of the State shall provide to the Attorney General and to Robert S. Amdursky every assistance, facility and cooperation which may be necessary or desirable for the accomplishment of the duties or purposes of the Attorney General and Robert S. Amdursky under this Order.
The Commissioner's shall submit a preliminary status report by December 31, 1989, and a final report with findings and recommendations by March 15, 1990.
Signed: Mario M. Cuomo
Dated: July 21, 1989
