Section 122-A. Purchasing of products for public use  


Latest version.
  • Notwithstanding the
      provisions of section one hundred three of the  general  municipal  law,
      when  purchasing  products  the  officer, board or agency of a town 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  town  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  town  with  respect  to a specific commodity procurement by the
      town. 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  regulation,  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.