[§103D-1303]  Preference for oil products
with greater recycled content.  Notwithstanding any law to the contrary,
any procurement officer that purchases lubricating oil and industrial oil under
this [part]  shall purchase the oil from the seller who certifies the oil
product containing the greatest percentage of recycled oil.  The procurement
office may purchase an oil product containing a lower percentage of recycled
oil provided that the specific oil product containing recycled oil is:



(1)  Not available within a reasonable period of time
or in quantities necessary to meet an agency's needs;



(2)  Not able to meet the performance requirements or
standards recommended by the equipment or vehicle manufacturer, including any
warranty requirements;



(3)  Available only at a cost greater than the cost of
comparable virgin oil products; or



(4)  Likely to breach an existing warranty that
requires the purchase of virgin oil products for exclusive use in vehicles or
equipment whose warranties expressly prohibit the use of products containing
recycled oil. [L 1999, c 53, pt of §2]