8A.316 - LUBRICANTS AND OILS -- PREFERENCES.
8A.316 LUBRICANTS AND OILS -- PREFERENCES.
The department shall do all of the following:
1. Develop its procedures and specifications for the purchase of
lubricating oil and industrial oil to eliminate exclusion of recycled
oils and any requirement that oils be manufactured from virgin
materials.
2. Require that purchases of lubricating oil and industrial oil
be made from the seller whose oil product contains the greatest
percentage of recycled oil, unless one of the following circumstances
regarding a specific oil product containing recycled oil exists:
a. The product is not available within a reasonable period of
time or in quantities necessary or in container sizes appropriate to
meet a state agency's needs.
b. The product does not meet the performance requirements or
standards recommended by the equipment or vehicle manufacturer,
including any warranty requirements.
c. The product is available only at a cost greater than one
hundred five percent of the cost of comparable virgin oil products.
3. Establish and maintain a preference program for procuring oils
containing the maximum content of recycled oil. The preference
program shall include but is not limited to all of the following:
a. The inclusion of the preferences for recycled oil products
in publications used to solicit bids from suppliers.
b. The provision of a description of the recycled oil
procurement program at bidders' conferences.
c. Discussion of the preference program in lubricating oil
and industrial oil procurement solicitations or invitations to bid.
d. Efforts to inform industry trade associations about the
preference program.
4. a. Provide that when purchasing hydraulic fluids, greases,
and other industrial lubricants, the department or a state agency
authorized by the department to directly purchase hydraulic fluids,
greases, and other industrial lubricants shall give preference to
purchasing bio-based hydraulic fluids, greases, and other industrial
lubricants manufactured from soybeans.
b. Provide for the implementation of requirements necessary
in order to carry out this subsection by the department or state
agency making the purchase, which shall include all of the following:
(1) Including the preference requirements in publications used to
solicit bids for hydraulic fluids, greases, and other industrial
lubricants.
(2) Describing the preference requirements at bidders'
conferences in which bids for the sale of hydraulic fluids, greases,
and other industrial lubricants are sought by the department or
authorized state agency.
(3) Discussing the preference requirements in procurement
solicitations or invitations to bid for hydraulic fluids, greases,
and other industrial lubricants.
(4) Informing industry trade associations about the preference
requirements.
c. As used in this subsection, unless the context otherwise
requires:
(1) "Bio-based hydraulic fluids, greases, and other industrial
lubricants" means the same as defined by the United States
department of agriculture, if the department has adopted such a
definition. If the United States department of agriculture has not
adopted a definition, "bio-based hydraulic fluids, greases, and
other industrial lubricants" means hydraulic fluids, greases, and
other lubricants containing a minimum of fifty-one percent soybean
oil.
(2) "Other industrial lubricants" means lubricants used or
applied to machinery. Section History: Recent Form
2003 Acts, ch 145, §35; 2005 Acts, ch 19, §10
Referred to in § 8A.311, 8A.317, 216B.3, 260C.19B, 262.9, 262.25B,
307.21, 904.312B