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