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. 28, July 10, 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