§ 122-a. 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 town 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 town 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 town with respect to a specific commodity procurement by the
town. 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 regulation, 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.