Section 2878-A. Purchasing of products  


Latest version.
  • 1. All products purchased shall be
      recycled products, which meet contract specifications, unless  the  only
      available  product  does not contain recycled content, and provided 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.  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 public authority under state
      contract or, if no such contract for such product is  available  to  the
      public authority, any product which meets the secondary material content
      requirements  adopted by the public authority with respect to a specific
      commodity procurement by the public authority. On and after July  first,
      nineteen  hundred  ninety-six,  "recycled  product"  shall mean, for the
      purposes of this section, 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 which  meets  the
      requirements  of subdivision two of section 27-0717 of the environmental
      conservation law and regulations promulgated pursuant thereto.
        2. Whenever  a  public  authority,  corporation  or  commission  shall
      purchase  or  cause the purchase of printing on recycled paper, it 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.