2878-A - Purchasing of products.

§  2878-a.  Purchasing of products. 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.