N.Y. Comp. Codes R. & Regs. tit. 9 § 4.181
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:
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.
The Commissioners shall investigate and determine, among other things:
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.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.181