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 4.181 - Executive Order No. 181: Establishing a Commission to Investigate the Implementation, Operation and Enforcement of the Returnable Container Act. [*][DAGGER]

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 4.181

Current through Register Vol. 46, No. 39, September 25, 2024

WHEREAS, the fair and effective implementation and operation of New York's Returnable Container Act (Title 10 of Article 27 of the Environmental Conservation Law) is of vital importance to the State because of its effect on the State's ability to achieve environmental objectives on which the health and safety of the people depend; and

WHEREAS, the Department of Environmental Conservation (Department) is charged with the administration and enforcement of the Returnable Container Act; and

WHEREAS, there is substantial reason to believe that the Returnable Container Act is creating an unintended, unwarranted and unfair benefit for deposit initiators who have retained unclaimed deposits; and

WHEREAS, the Moreland Act Commission on the Returnable Container Act established by Executive Order No. 129 reported in March 1990 that the beer and soda industry, through a concerted refusal to cooperate voluntarily and a "systematic attempt to obfuscate the facts," had prevented that Commission from determining the actual amount of unclaimed deposits and the net cost to the beer and soft drink industry of complying with the Returnable Container Act; and

WHEREAS, the foregoing is 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, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish a Commission to investigate the implementation, operation and enforcement of the Returnable Container 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.

The Commissioners shall issue subpoenas to distributors, bottlers, retailers and other persons involved in the implementation and operation of the Returnable Container Act to compel the attendance of witnesses and the production of all books, papers or records including computer records they deem relevant or material to the matters to be investigated and determined set forth below, and shall solicit and encourage public input.

II.

The Commissioners shall investigate and determine, among other things:

(a) the net cost to the beer and soda industry and retailers of complying with the Returnable Container Act at the time it was enacted and the continuing cost since then, taking into consideration, among other things, the impact of consumer price increases made in anticipation of enactment of the Returnable Container Act and thereafter and taxes applicable to unclaimed deposits; and

(b) the full amount of unclaimed deposits kept by deposit initiators since enactment of the Returnable Container Act, the manner in which they have accounted for and disbursed such unclaimed deposits and whether all State laws applicable to such retained unclaimed deposits have been met; and

(c) the steps taken by beer and soda distributors and retailers to discourage redemption and recovery of deposits by consumers and by redemption centers; and

(d) whether it is fair and equitable and consistent with an effective Returnable Container Act for the deposit initiators to keep the unclaimed deposits; and

(e) whether the State should recover the unclaimed deposits 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 action on persons involved in the implementation and operation of the Returnable Container Act, including the likely impact of such actions, if any, on consumer prices.

III.

One of the Commissioners shall be designated the Chair, 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 documents, 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 the Chair of the Commission hereby established as a Deputy Attorney General and such counsel, deputies, officers and other persons as such Chair may require to accomplish the purpose of this Order and fix their compensation.

Every department, division, board, bureau and agency of the State shall provide to the Attorney General and to the Chair of the Commission every assistance, facility and cooperation which may be necessary or desirable for the accomplishment of the duties or purposes of the Attorney General and the Chair under this Order.

The Commissioners shall submit by May 1, 1994 an interim report outlining steps they will undertake to conduct their investigations and determinations and a final report of its findings and recommendations by September 1, 1994.

Signed: Mario M. Cuomo

Dated: March 17, 1994

Executive Order No. 181.1

*

[DAGGER]

Establishing a Commission to Investigate the Implementation, Operation and Enforcement of the Returnable Container Act.

WHEREAS, the Commission established by Executive Order Number 181, dated March 17, 1994, to investigate the implementation, operation and enforcement of the Returnable Container Act, and to make recommendations to strengthen and improve practices, procedures and regulatory and statutory provisions, has requested additional time to complete its investigation and analysis beyond September 1, 1994; and

WHEREAS, the Commission has provided good cause as to why completion of its investigation and analysis will not be possible by September 1, 1994; and

WHEREAS, it is in the best interest of the State that the findings and recommendations of the Commission be thorough and complete;

NOT, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 181, dated March 17, 1994, except that the fourth paragraph of subdivision III in such Executive Order is amended to read as follows:

The Commissioners shall submit by May 1, 1994 an interim report outlining steps they will undertake to conduct their investigations and determinations and submit a final report of their findings and recommendations as soon as practicable upon completion of their investigations and determinations.

Signed: Mario M. Cuomo

Dated: September 1, 1994

Footnotes

* [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

[DAGGER] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

* [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

[DAGGER] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

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