Legislation
SECTION 2875-B
Specifications
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 9, TITLE 4
§ 2875-b. Specifications. Within twelve months of the effective date
of this section all public authorities or commissions created or
continued by this chapter shall review their present product
specifications to determine whether such require that products be
manufactured from virgin materials or exclude products manufactured from
secondary materials and shall, on or before April first, nineteen
hundred ninety revise and adopt their product specifications 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 public
authority or commission demonstrates 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 public authority or commission demonstrates 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.
of this section all public authorities or commissions created or
continued by this chapter shall review their present product
specifications to determine whether such require that products be
manufactured from virgin materials or exclude products manufactured from
secondary materials and shall, on or before April first, nineteen
hundred ninety revise and adopt their product specifications 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 public
authority or commission demonstrates 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 public authority or commission demonstrates 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.