Section 80-A. Purchasing of products for municipal use

1. As used in this
  section:
    a. "Practicable" means capable of being  used  without  violating  the
  following  criteria:  performance,  availability  at a reasonable price,
  availability within a reasonable period of time  and  maintenance  of  a
  satisfactory level of competition.
    b. "Secondary material" means any material recovered from or otherwise
  destined   for   the   waste  stream,  including  but  not  limited  to,
  post-consumer material,  industrial  scrap  material  and  overstock  or
  obsolete inventories from distributors, wholesalers and other companies,
  but such term does not include those materials and by-products generated
  from, and commonly reused within, an original manufacturing process.
    2.  The  municipality  shall  review the procurement specifications it
  currently uses to  determine  whether  such  require  that  products  be
  manufactured from virgin materials or exclude products manufactured from
  secondary  materials  and  shall make such changes, on or before January
  first, nineteen hundred ninety-one, as may be necessary to ensure that:
    a. Where such specifications exclude the use of products  manufactured
  from  secondary  materials or require that products be manufactured from
  virgin materials only, such exclusions or  requirements  be  eliminated;
  provided,  however,  that  specifications  need  not  be  revised if the
  municipality  determines  that  for  a  particular  end  use  a  product
  containing  secondary  materials  would  not  meet necessary performance
  standards.
    b. Performance standards, specifications and a product's intended  end
  use are related, and clearly identified when feasible.
    c. Specifications are not overly stringent for a particular end use or
  performance standard.
    d.   Specifications  incorporate  or  require  the  use  of  secondary
  materials to the maximum extent  practicable  without  jeopardizing  the
  performance or intended end use of the product; provided, however, where
  the  municipality  determines  that  for  a particular end use a product
  containing secondary materials  would  not  meet  necessary  performance
  standards,  such  specifications need not incorporate or require the use
  of secondary materials.