Legislation
SECTION 2878-A
Purchasing of products
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 9, TITLE 4
§ 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.
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.