§ 104-A — Purchasing of products for public use

§ 104-a. Purchasing of products for public use. Notwithstanding the\nprovisions of section one hundred three of this chapter, when purchasing\nproducts the officer, board or agency of any political subdivision or of\nany district therein charged with the awarding of public contracts may,\nwherever recycled products meet contract specifications and the price of\nsuch products is reasonably competitive, purchase such products. For the\npurpose of this section and until July first, nineteen hundred\nninety-six, "recycled product" shall mean any product which has been\nmanufactured from secondary materials, as defined in subdivision one of\nsection two hundred sixty-one of the economic development law, and meets\nsecondary material content requirements adopted by the office of general\nservices under subdivision one of section one hundred seventy-seven of\nthe state finance law for products available to the political\nsubdivision or district under state contract or, if no such contract for\nsuch product is available, any product which meets the secondary\nmaterial content requirements adopted by the political subdivision or\ndistrict thereof with respect to a specific commodity procurement by\nsuch entity. On and after July first, nineteen hundred ninety-six,\n"recycled product" shall mean, for the purposes of this section, any\nproduct which is manufactured from secondary materials, as defined in\nsubdivision one of section two hundred sixty-one of the economic\ndevelopment law, and which meets the requirements of subdivision two of\nsection 27-0717 of the environmental conservation law and regulations\npromulgated pursuant thereto. For the purpose of this section,\n"reasonably competitive" shall mean that the cost of the recycled\nproduct does not exceed a cost premium of ten percent above the cost of\na comparable product that is not a recycled product or, if at least\nfifty percent of the secondary materials utilized in the manufacture of\nthat product are generated from the waste stream in New York state, the\ncost of the recycled product does not exceed a cost premium of fifteen\npercent above the cost of a comparable product that is not a recycled\nproduct.\n Whenever such officer, board or agency shall purchase or cause the\npurchase of printing on recycled paper pursuant to this section, he or\nshe shall require the printed material to contain the official state\nrecycling emblem established pursuant to subdivision two of section\n27-0717 of the environmental conservation law and regulations\npromulgated pursuant thereto if such paper has been approved by the\ndepartment of environmental conservation as satisfying the requirements\nof such statute and regulations, or, if such paper has not been so\napproved, require the printed material to include a printed statement\nwhich indicates the percentages of pre-consumer and post-consumer\nrecycled material content of such paper.\n