(a) Definitions.
  (1) "Energy Consumption" refers to the amount of energy a Vending Machine consumes.
  (2) "Energy Star Program Requirements" refers to the Federal Energy Star Program Requirements for Refrigerated Beverage Vending Machines as designated by the U.S. Environmental Protection Agency and the U.S. Department of Energy.
  (3) "Existing Vending Machine" refers to a Vending Machine that, prior to September 1, 2007, was located in a building owned or leased by the State of Texas.
  (4) "Low Power Mode" refers to the reduced power state of a Vending Machine during extended periods of inactivity.
  (5) "Vending Machines" or "Refrigerated Beverage Vending Machines" refers to a self-contained system designed to accept consumer payments and dispense bottled, canned, and other sealed beverages at appropriate temperatures without outside labor intervention. This definition does not include a vending machine that contains a perishable food product, as defined by §96.001, Civil Practice and Remedies Code.
(b) Existing Vending Machines.
  (1) Any entity that owns or operates an Existing Vending Machine is required to meet the Low Power Mode Federal Energy Star Program Requirements.
  (2) Within five (5) years from the promulgation of these rules or ten (10) years from the manufacturing date of an Existing Vending Machine, whichever is later, any entity that owns or operates an Existing Vending Machine is required to replace it or retrofit it to meet both the energy consumption and Low Power Mode Federal Energy Star Program Requirements.
(c) Any entity that owns or operates a Vending Machine other than an Existing Vending Machine is required to meet both the Energy Consumption and Low Power Mode Federal Energy Star Program Requirements.

Source Note: The provisions of this §116.14 adopted to be effective January 7, 2009, 34 TexReg 41