New York Minimum Recycled Material Content.




 
    * § 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