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

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

(2)  Not able to meet the performance requirements orstandards recommended by the equipment or vehicle manufacturer, including anywarranty requirements;

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

(4)  Likely to breach an existing warranty thatrequires the purchase of virgin oil products for exclusive use in vehicles orequipment whose warranties expressly prohibit the use of products containingrecycled oil. [L 1999, c 53, pt of §2]