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]

Current through Register Vol. 46, No. 28, July 10, 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.