§ 80-a. Purchasing of products for municipal use. 1. As used in this
section:

a. "Practicable" means capable of being used without violating the
following criteria: performance, availability at a reasonable price,
availability within a reasonable period of time and maintenance of a
satisfactory level of competition.

b. "Secondary material" means any material recovered from or otherwise
destined for the waste stream, including but not limited to,
post-consumer material, industrial scrap material and overstock or
obsolete inventories from distributors, wholesalers and other companies,
but such term does not include those materials and by-products generated
from, and commonly reused within, an original manufacturing process.

2. The municipality shall review the procurement specifications it
currently uses to determine whether such require that products be
manufactured from virgin materials or exclude products manufactured from
secondary materials and shall make such changes, on or before January
first, nineteen hundred ninety-one, as may be necessary to ensure that:

a. Where such specifications exclude the use of products manufactured
from secondary materials or require that products be manufactured from
virgin materials only, such exclusions or requirements be eliminated;
provided, however, that specifications need not be revised if the
municipality determines that for a particular end use a product
containing secondary materials would not meet necessary performance
standards.

b. Performance standards, specifications and a product's intended end
use are related, and clearly identified when feasible.

c. Specifications are not overly stringent for a particular end use or
performance standard.

d. Specifications incorporate or require the use of secondary
materials to the maximum extent practicable without jeopardizing the
performance or intended end use of the product; provided, however, where
the municipality determines that for a particular end use a product
containing secondary materials would not meet necessary performance
standards, such specifications need not incorporate or require the use
of secondary materials.