§ 80-A — Purchasing of products for municipal use

New York § 80-A

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 5: Powers, Limitations and Liabilities

Text

§ 80-a. Purchasing of products for municipal use. 1. As used in this\nsection:\n a. "Practicable" means capable of being used without violating the\nfollowing criteria: performance, availability at a reasonable price,\navailability within a reasonable period of time and maintenance of a\nsatisfactory level of competition.\n b. "Secondary material" means any material recovered from or otherwise\ndestined for the waste stream, including but not limited to,\npost-consumer material, industrial scrap material and overstock or\nobsolete inventories from distributors, wholesalers and other companies,\nbut such term does not include those materials and by-products generated\nfrom, and commonly reused within, an original manufacturing process.\n 2. The municipality shall review the procurement specifications it\ncurrently uses to determine whether such require that products be\nmanufactured from virgin materials or exclude products manufactured from\nsecondary materials and shall make such changes, on or before January\nfirst, nineteen hundred ninety-one, as may be necessary to ensure that:\n a. Where such specifications exclude the use of products manufactured\nfrom secondary materials or require that products be manufactured from\nvirgin materials only, such exclusions or requirements be eliminated;\nprovided, however, that specifications need not be revised if the\nmunicipality determines that for a particular end use a product\ncontaining secondary materials would not meet necessary performance\nstandards.\n b. Performance standards, specifications and a product's intended end\nuse are related, and clearly identified when feasible.\n c. Specifications are not overly stringent for a particular end use or\nperformance standard.\n d. Specifications incorporate or require the use of secondary\nmaterials to the maximum extent practicable without jeopardizing the\nperformance or intended end use of the product; provided, however, where\nthe municipality determines that for a particular end use a product\ncontaining secondary materials would not meet necessary performance\nstandards, such specifications need not incorporate or require the use\nof secondary materials.\n