122-A - Purchasing of products for public use.

§  122-a.  Purchasing  of products for public use. 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.