N.Y. General Municipal Law Section 104-A
Purchasing of products for public use


Notwithstanding the provisions of § 103 (Advertising for bids and offers)section one hundred three of this chapter, 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 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 Economic Development Law § 261 (New York state waste prevention program)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, “recycled product” shall mean, for the purposes of this section, any product which is manufactured from secondary materials, as defined in subdivision one of Economic Development Law § 261 (New York state waste prevention program)section two hundred sixty-one of the economic development law, and which meets the requirements of subdivision two of Environmental Conservation Law § 27-0717 (Bureau of waste reduction and recycling)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 Environmental Conservation Law § 27-0717 (Bureau of waste reduction and recycling)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 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.

Source: Section 104-A — Purchasing of products for public use, https://www.­nysenate.­gov/legislation/laws/GMU/104-A (updated Sep. 22, 2014; accessed Feb. 14, 2026).

100
Definitions
100–A
Declaration of policy
101
Separate specifications for certain public work
102
Deposits on plans and specifications
103
Advertising for bids and offers
103–A
Ground for cancellation of contract by municipal corporations and fire districts
103–B
Disqualification to contract with municipal corporations and fire districts
103–C
Removal of disqualification of public contractors by petition
103–D
Statement of non-collusion in bids and proposals to political subdivision of the state
103–E
Conspiracies to prevent competitive bidding or competitive offering on public contracts
103–F
Security bonds
103–G
Iranian energy sector divestment
103–H
Restriction on purchasing certain technology which poses a security threat
104
Purchase through office of general services
104–A
Purchasing of products for public use
104–B
Procurement policies and procedures
104–C
Disposal of surplus computer equipment
104–D
The New York state buy American salt act
105
Disposition of deposit accompanying bid
106
Withdrawal of retained percentages
106–A
Service charge for receiving, handling and disbursing funds and coupons
106–B
Payment on public work projects
107
Claims against political subdivisions
108
Workmen’s compensation insurance on public works
109
Assignment of public contracts
109–A
Purchases through the office of general services by certain public associations
109–B
Installment contracts
109–C
Purchases through county contracts by certain not-for-profit corporations
109–D
Emergency vehicle warranties
109–E
Additional requirements for right-of-way permits

Verified:
Feb. 14, 2026

Last modified:
Sep. 22, 2014

§ 104-A. Purchasing of products for public use's source at nysenate​.gov

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