§ 40-a. Recycled products. All products purchased by the courts shall
be recycled products, which meet contract specifications, unless the
product is only available without 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 courts 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 courts
with respect to a specific commodity procurement by the court. 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. Whenever purchasing or causing the purchase of printing on
recycled paper pursuant to this section, the courts 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.