N.Y. Public Authorities Law 2875-B – Specifications
§ 2875-b. Specifications. Within twelve months of the effective date of this section all public authorities or commissions created or continued by this chapter shall review their present product specifications to determine whether such require that products be manufactured from virgin materials or exclude products manufactured from secondary materials and shall, on or before April first, nineteen hundred ninety revise and adopt their product specifications as may be necessary to ensure that:
Terms Used In N.Y. Public Authorities Law 2875-B
- Practicable: means capable of being used without violating the following criteria: performance, availability at a reasonable price, availability within a reasonable period of time and maintenance of a satisfactory level of competition. See N.Y. Public Authorities Law 2875-A
- Product: means any material, supply, equipment or construction item or other item whether real or personal property which is the subject of any purchase, barter, or other exchange made to procure such product. See N.Y. Public Authorities Law 2875-A
- Secondary materials: means any material recovered from or otherwise destined for the waste stream, including but not limited to, post-consumer material, industrial scrap material, and overstock or obsolete inventories from distributors, wholesalers and other companies as defined in rules and regulations promulgated by the commissioner of general services but such term does not include those materials and byproducts generated from, and commonly reused within an original manufacturing process. See N.Y. Public Authorities Law 2875-A
a. Where such specifications exclude the use of products manufactured from secondary materials or require that products be manufactured from virgin materials only, such exclusions or requirements be eliminated; provided however, that specifications need not be revised if the public authority or commission demonstrates that for a particular end use a product containing secondary materials would not meet necessary performance standards.
b. Performance standards, specifications and a product's intended end use are related, and clearly identified when feasible.
c. Specifications are not overly stringent for a particular end use or performance standard.
d. Specifications incorporate or require the use of secondary materials to the maximum extent practicable without jeopardizing the performance or intended end use of the product; provided however, where the public authority or commission demonstrates that for a particular end use a product containing secondary materials would not meet necessary performance standards, such specifications need not incorporate or require the use of secondary materials.