New York Minimum Recycled Material Content.
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* § 6-308 Minimum recycled material content. a. Any reprographic
paper, tablet paper, envelope paper, file folder, commercial/industrial
sanitary tissue, rock wool or fiberglass building insulation, polyester
carpet, flowable fill, steel shower or restroom divider/partition,
traffic cone, plastic fencing, plastic park bench, hydraulic mulch,
garden or soaker hose, plastic trash bag, office recycling container,
office waste receptacle, mat, signage or pallet, as such terms are
utilized in the CPG: (i) purchased or leased by any agency; (ii) that
can be procured at a reasonably competitive price; and (iii) that is
listed in the CPG, for which the United States environmental protection
agency has issued a recovered materials advisory notice, shall contain
no less recovered material and postconsumer material than the minimum
amount recommended in the most recent such notice, or, with respect to
any paper or paper product, may, at the discretion of the director,
contain no less than fifty percent agricultural wastes.
b. Beginning January 1, 2008, the director shall make a determination
whether or not any product: (i) purchased or leased by any agency; (ii)
that can be procured at a reasonably competitive price; (iii) in any
category listed in the CPG, but not specified in subdivision a of this
section, for which the United States environmental protection agency has
issued a recovered materials advisory notice, shall contain no less
recovered material and postconsumer material than the minimum amount
recommended in the most recent such notice. The director shall review
any such determination not to require compliance with the CPG for any
product at least once every two years.
c. In addition to the requirements of subdivision a of this section,
any reprographic paper product purchased or leased by any agency shall
contain the highest recovered material content available, to the extent
any such product: (i) can be procured at a price that does not exceed a
cost premium of seven percent (7%) above the cost of a comparable
product that is not a recycled product; (ii) can be procured at a price
that does not exceed a cost premium of five percent (5%) above the cost
that would apply pursuant to subdivision a of this section; (iii) is of
adequate quality for the intended use; and (iv) is available within a
reasonable period of time, as determined by the director.
* NB Effective January 1, 2007