Section 104-A. Purchasing of products for public use  


Latest version.
  • Notwithstanding the
      provisions of section one hundred three of this chapter, when purchasing
      products the officer, board or agency of any political subdivision or of
      any district therein charged with the awarding of public contracts  may,
      wherever recycled products meet contract specifications and the price of
      such products is reasonably competitive, purchase such products. For the
      purpose   of  this  section  and  until  July  first,  nineteen  hundred
      ninety-six, "recycled product" shall mean any  product  which  has  been
      manufactured  from secondary materials, as defined in subdivision one of
      section two hundred sixty-one of the economic development law, and meets
      secondary material content requirements adopted by the office of general
      services under subdivision one of section one hundred  seventy-seven  of
      the   state   finance  law  for  products  available  to  the  political
      subdivision or district under state contract or, if no such contract for
      such product  is  available,  any  product  which  meets  the  secondary
      material  content  requirements  adopted by the political subdivision or
      district thereof with respect to a  specific  commodity  procurement  by
      such  entity.  On  and  after  July  first, nineteen hundred ninety-six,
      "recycled product" shall mean, for the purposes  of  this  section,  any
      product  which  is  manufactured from secondary materials, as defined in
      subdivision one  of  section  two  hundred  sixty-one  of  the  economic
      development  law, and which meets the requirements of subdivision two of
      section 27-0717 of the environmental conservation  law  and  regulations
      promulgated   pursuant   thereto.  For  the  purpose  of  this  section,
      "reasonably competitive" shall  mean  that  the  cost  of  the  recycled
      product  does not exceed a cost premium of ten percent above the cost of
      a comparable product that is not a recycled  product  or,  if  at  least
      fifty  percent of the secondary materials utilized in the manufacture of
      that product are generated from the waste stream in New York state,  the
      cost  of  the recycled product does not exceed a cost premium of fifteen
      percent above the cost of a comparable product that is  not  a  recycled
      product.
        Whenever  such  officer,  board  or agency shall purchase or cause the
      purchase of printing on recycled paper pursuant to this section,  he  or
      she  shall  require  the  printed material to contain the official state
      recycling emblem established pursuant  to  subdivision  two  of  section
      27-0717   of   the   environmental   conservation  law  and  regulations
      promulgated pursuant thereto if such paper  has  been  approved  by  the
      department  of environmental conservation as satisfying the requirements
      of such statute and regulations, or, if  such  paper  has  not  been  so
      approved,  require  the  printed material to include a printed statement
      which  indicates  the  percentages  of  pre-consumer  and  post-consumer
      recycled material content of such paper.