2023 New York Laws › GMU - General Municipal › Article 5-A - Public Contracts › 104-A - Purchasing of Products for Public Use.

§  104-a.  Purchasing  of products for public use. Notwithstanding the
  provisions of section one hundred three of this chapter, when purchasing
  products the officer, board or agency of any political subdivision or of
  any district therein charged with the awarding of public contracts  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  political
  subdivision or district 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 political subdivision or
  district thereof with respect to a  specific  commodity  procurement  by
  such  entity.  On  and  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 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.
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.