N.Y. Village Law § 5-525: Purchasing of products for public use

§ 5-525 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 village 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 village 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 village with respect to a specific commodity procurement by the

village. 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 is 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 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.