S T A T E   O F   N E W   Y O R K
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                                  3460

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced by M. of A. GABRYSZAK -- Multi-Sponsored by -- M. of A. MAGEE
  -- read once and referred to the Committee on Local Governments

AN  ACT to amend the general municipal law, in relation to expanding the
  products which may be purchased for public use

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 104-a of the general municipal law, as amended by
chapter 468 of the laws of 1994, is amended to read as follows:
  S 104-a. Purchasing of products for public use.    1.  Notwithstanding
the  provisions  of section one hundred three of this [chapter] ARTICLE,
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 RENEWABLE ENERGY  RESOURCES  OR  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 second-
ary 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,]:
  (A) "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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03583-01-1
              

A. 3460                             2

section 27-0717 of the environmental conservation  law  and  regulations
promulgated pursuant thereto[. For the purpose of this section,];
  (B)  "RENEWABLE  ENERGY RESOURCES" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN SUBDIVISION TWELVE OF SECTION  1-103  OF  THE  ENERGY
LAW;
  (C) "reasonably competitive" shall mean:
  (I)  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; OR
  (II) THAT THE COST OF THE RENEWABLE ENERGY RESOURCE DOES NOT EXCEED  A
COST  PREMIUM OF TEN PERCENT ABOVE THE COST OF A COMPARABLE PRODUCT THAT
IS NOT A RENEWABLE ENERGY RESOURCE.
  2. 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 promulgat-
ed pursuant thereto if such paper has been approved by the department of
environmental conservation as satisfying the requirements of such  stat-
ute 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.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.