10405-10409
PUBLIC CONTRACT CODE
SECTION 10405-10409
10405. The following definitions govern the construction of this article: (a) "Department" means the State Department of Health Services. (b) "Industrial oil" means any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. (c) "Lubricating oil" means any oil intended for use in an internal combustion crankcase, transmission, gearbox, or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine. (d) "Procuring agency" means any state agency or any person contracting with that agency with respect to work performed under a contract for lubricating oil or industrial oil. (e) "Recycled oil" means recycled oil, as defined in subdivision (c) of Section 25250.1 of the Health and Safety Code. (f) "Used oil" means used oil, as defined in subdivision (a) of Section 25250.1 of the Health and Safety Code. (g) "Virgin oil" means oil which has been refined from crude oil and which has not been used or contaminated with impurities. 10406. Every procuring agency shall continuously review and revise its procedures and specifications for the purchase of lubricating oil and industrial oil to eliminate any exclusion of recycled oils and any requirement that oils be manufactured from virgin materials. This section does not prohibit a local agency from purchasing virgin oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil. 10407. Every procuring agency shall require that purchases of lubricating oil and industrial oil be made from the seller whose oil product contains the greater percentage of recycled oil, unless the procuring agency certifies that a specific oil product containing recycled oil is any of the following: (1) Not reasonably available within a reasonable period of time. (2) Unable to meet the reasonable performance standards of the procuring agency, including any warranty requirement. (3) Available only at a cost greater than the cost of available virgin oil products. 10408. (a) Every procuring agency shall establish and maintain an affirmative program for procuring oils containing the maximum content of recycled oil. (b) An affirmative program shall include, but not be limited to, all of the following: (1) The placement of descriptions of the preference for recycled oil products in publications used to solicit bids from suppliers. (2) Description of the recycled oil procurement program at bidders' conferences. (3) Discussion of the preference program in lubricating oil and industrial oil procurement solicitations or invitations to bid. (4) Efforts to inform industry trade associations about the preference program. 10409. Every local agency, as defined in Section 17518 of the Government Code, shall purchase lubricating oil and industrial oil from the seller whose oil product contains the greater percentage of recycled oil, if the availability, fitness, quality, and price of the recycled oil product is otherwise equal to, or better than, virgin oil products. This section shall not prohibit a local agency from purchasing virgin oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil.