NY State Senate Bill 2015-S1066B

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2016	print number 1066b
Jan 13, 2016	amend and recommit to energy and telecommunications
Jan 06, 2016	referred to energy and telecommunications
Feb 27, 2015	print number 1066a
Feb 27, 2015	amend and recommit to energy and telecommunications
Jan 08, 2015	referred to energy and telecommunications

Bill Amendments

Original

B (Active)

2015-S1066 - Details

See Assembly Version of this Bill:: A5797
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Add §1874, Pub Auth L; add Art 19 §19-101, Energy L; amd §378, Exec L; add §75-a, Mult Dwell L; add §16, Mult Res L; add §137, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5573
2011-2012: S1151
2013-2014: S3258
2017-2018: S3246, A8570
2019-2020: S1612

2015-S1066 - Summary

Relates to energy conservation and water temperature management; requires a study to be performed on the monetary and energy savings that can be accomplished through better water temperature management.

2015-S1066 - Sponsor Memo

                                BILL NUMBER:S1066

TITLE OF BILL:

An act to amend the public authorities law, the energy law, the
executive law, the multiple dwelling law and the multiple residence
law, in relation to energy conservation and water temperature
management; and to amend the general municipal law, in relation to
minimum water temperatures

PURPOSE OR GENERAL IDEA OF BILL:

Relates to energy conservation and water temperature management.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 sets forth the short title.

Section 2 creates a new section 1874 of the public authorities law
which requires the New York State Energy Research and Development
Authority (NYSERDA) to study the savings to generated by better
management of water temperature in public buildings and facilities,
multiple dwellings and tenant-occupied one-family and two-family
dwellings throughout the state.

Section 3 creates a new article 19 of the energy law, which provides

that public buildings and facilities shall conserve energy by lowering
the temperature of hot water below one hundred twenty degrees
Fahrenheit.

Section 4 amends section 378 of the executive law by adding a new
subdivision 17 concerning statewide water temperature management
standards.

Section 5 amends the multiple dwelling law by adding a new section
75-a concerning statewide water temperature management standards.

Section 6 amends the multiple residence law by adding a new section 16
concerning statewide water temperature management standards.

Section 7 amends the general municipal law by adding a new section 137
concerning the minimum temperature of tap water supplied in a public
building or facility, or a residence.

Section 8 provides that the act shall take effect on the one hundred
eightieth day after becoming law.

JUSTIFICATION:

According to the Office of Energy Efficiency and Renewable Energy
(EERE) of the U.S. Department of Energy (DOE), for each 10 degrees
Fahrenheit reduction in water temperature, a building/facility's owner
or operator can save between three and five percent in energy costs.
This is important because the cost of heating water can be as much as
12 percent of utility costs, on average, according to the U.S.
Department of Energy's Office of Energy Efficiency Renewable Energy.
See www.eere.energy.gov and


wwwnh.gov/oep/programs/energy/documents/heating_and cooling_energy
saving tips. pdf.

Reducing water temperature is important because a number of
thermostats for older water heaters were set by their manufacturers at
140 degrees Fahrenheit. In many state buildings and facilities, and
dwellings, the original water heater thermostat setting is not
adjusted downward despite the potential for significant energy
savings. A reduction from the original 140 degrees Fahrenheit to 120
degrees Fahrenheit could lead to as much as ten percent in energy
costs savings. Furthermore, reducing a building, facility or
dwelling's water temperature to 120 degrees.

Fahrenheit also slows mineral buildup and corrosion in water heaters
and pipes. The American Council for an Energy Efficient Economy
believes this helps water heaters last longer and operate at maximum
efficiency. See
www.ecosmartus.comltechnology/technical_article_details.cfm?news= 12
(last visited on May 18, 2009) and
www.aceee.org/consumerguide/waterheating.htmftinimize.

In addition, the Gas Appliance Manufacturers Association has pre-set
all of the water tanks nationwide to 120 degrees Fahrenheit since 1988
and several states, including Delaware, New Jersey, and Maryland, have
already mandated a state limit of 120 degrees Fahrenheit.

Finally, the U.S. Consumer Product Safety Commission (CPSC) urges all
users to lower their water heaters to 120 degrees Fahrenheit. Each
year, approximately 3,800 injuries and 34 deaths occur in the home due
to scalding from excessively hot tap water. The majority of these
accidents involve the elderly and children under the age of five. In
addition to preventing accidents, decreasing water temperature, in the
CPSC's opinion, will conserve energy and save money.

PRIOR LEGISLATIVE HISTORY:

2013-2014: S.3258A/A.2184A - Died in Energy
2011-12:   S.1151/A.6208 - Referred to Energy and Telecommunications
2010:      S.5573-A Referred to Energy and Telecommunications
           A.8488-A Referred to Energy

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become law.

2015-S1066 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1066

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to amend the public authorities law, the energy law, the execu-
  tive law, the multiple dwelling law and the multiple residence law, in
  relation to energy conservation and water temperature management;  and
  to  amend  the  general  municipal  law,  in relation to minimum water
  temperatures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "energy
conservation and water temperature management act".
  S 2.  The public authorities law is amended by adding  a  new  section
1874 to read as follows:
  S  1874.  ENERGY CONSERVATION THROUGH WATER TEMPERATURE MANAGEMENT. 1.
THE AUTHORITY SHALL CAUSE A STUDY TO BE PERFORMED ON THE SAVINGS  GENER-
ATED  BY  BETTER MANAGEMENT OF WATER TEMPERATURE IN PUBLIC BUILDINGS AND
FACILITIES, MULTIPLE DWELLINGS, AND TENANT-OCCUPIED ONE-FAMILY AND  TWO-
FAMILY DWELLINGS THROUGHOUT THE STATE.
  2.  THE  AUTHORITY SHALL SUBMIT A REPORT OF ITS FINDINGS TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  AND  THE  SPEAKER  OF  THE
ASSEMBLY  BY  APRIL THIRTIETH, TWO THOUSAND SEVENTEEN.  THE REPORT SHALL
INCLUDE:
  (A) A PROPOSAL FOR STANDARDS AND DESIGNS FOR  ENERGY  EFFICIENT  WATER
TEMPERATURE  CONTROL  DEVICES  FOR  RESIDENCES,  MULTIPLE DWELLINGS, AND
PUBLIC BUILDINGS AND FACILITIES;
  (B) AN ANALYSIS OF EMPIRICAL DATA AND STATISTICS REGARDING  THE  MONE-
TARY  COSTS  AND SAVINGS, THE ENERGY CONSERVATION, AND THE ENVIRONMENTAL
BENEFIT OFFERED THROUGH BETTER MANAGEMENT OF WATER TEMPERATURES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04896-01-5

S. 1066                             2

  (C) ANY PROPOSED LEGISLATION OR SUGGESTED CHANGES TO THE  CURRENT  LAW
THAT WOULD ASSIST PUBLIC ENTITIES AND PRIVATE CITIZENS TO CONSERVE ENER-
GY AND SAVE MONEY THROUGH BETTER MANAGEMENT OF WATER TEMPERATURES.
  S  3.  The energy law is amended by adding a new article 19 to read as
follows:
                               ARTICLE 19
          ENERGY CONSERVATION AND WATER TEMPERATURE MANAGEMENT
SECTION 19-101. ENERGY CONSERVATION IN PUBLIC BUILDINGS AND FACILITIES.
  S 19-101. ENERGY CONSERVATION IN PUBLIC BUILDINGS AND FACILITIES.   1.
NO BATHTUB, SHOWER, WASHBASIN OR SINK IN ANY PUBLIC BUILDING OR FACILITY
SHALL  EMIT  WATER  HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY
DEGREES FAHRENHEIT.
  2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY MUNICIPALITY OR OTHER PUBLIC ENTITY WHO, PURSUANT TO THIS
SUBDIVISION, INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS  DEFINED  IN
PARAGRAPH   E   OF   SUBDIVISION  SEVENTEEN  OF  SECTION  THREE  HUNDRED
SEVENTY-EIGHT OF THE EXECUTIVE LAW SHALL NOT BE:
  (A) RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE  FAIL-
URE  OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM THE
DEVICE BEING TAMPERED WITH OR RENDERED  INOPERABLE  BY  ANY  INVITEE  OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (B) RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY  ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  S 4. Section 378 of the executive law  is  amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  WATER  TEMPERATURE  MANAGEMENT  STANDARDS. A. NO BATHTUB, SHOWER,
WASHBASIN OR SINK IN  ANY  DWELLING  UNIT  IN  A  MULTIPLE  DWELLING  OR
TENANT-OCCUPIED  ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  B. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD OF THIS SUBDIVISION SHALL BE IN VIOLATION OF THIS SECTION AND  SHALL
BE LIABLE FOR A FINE.
  (I)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED TWENTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED  THIRTY  DEGREES  FAHRENHEIT,
THE  FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (II) IF THE WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  THIRTY  DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (III)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE HUNDRED FORTY DEGREES
FAHRENHEIT, THE FINE  SHALL  BE  ONE  THOUSAND  DOLLARS  FOR  THE  FIRST
VIOLATION  AND  TWO  THOUSAND  DOLLARS FOR THE SECOND AND ANY SUBSEQUENT
VIOLATION.
  C. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY  OWNER  OF  A DWELLING WHO, PURSUANT TO THIS SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
THIS SUBDIVISION SHALL NOT BE:
  (I) RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE  FAIL-
URE  OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM THE
DEVICE BEING TAMPERED WITH OR RENDERED  INOPERABLE  BY  ANY  INVITEE  OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (II)  RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAIL-
URE TO DELIVER HOT WATER CONTINUOUSLY  OR  AT  ANY  MINIMUM  TEMPERATURE

S. 1066                             3

REQUIRED  BY  ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER
OPERATION OF THE WATER TEMPERATURE CONTROL DEVICE.
  D.  INSTALLATION OF AN ANTI-SCALD DEVICE, OR ANY WORK NECESSARY TO THE
INSTALLATION OF SUCH DEVICE TO COMPLY WITH THIS SECTION, SHALL NOT QUAL-
IFY FOR A RENT INCREASE UNDER ANY PROVISION OF LAW IMPLEMENTED TO  REGU-
LATE SUCH RENTS.
  E.  FOR  PURPOSES  OF THIS SECTION, A WATER TEMPERATURE CONTROL DEVICE
SHALL MEAN AN ANTI-SCALD DEVICE OR  OTHER  DEVICE  THAT  PREVENTS  WATER
EMITTED  BY A BATHTUB, SHOWER, WASHBASIN, OR SINK FROM EXCEEDING A MAXI-
MUM TEMPERATURE SET BY THE DEVICE, WHERE SUCH DEVICE MEETS THE  ACCEPTED
NATIONAL  STANDARD  PLUMBING  CODES  OF  THE BUILDING OFFICIALS AND CODE
ADMINISTRATION, INC. (BOCA), THE INTERNATIONAL ASSOCIATION  OF  PLUMBING
AND  MECHANICAL  OFFICIALS  (IAPMO), THE SOUTHERN BUILDING CODE CONGRESS
INTERNATIONAL (SBCCI), OR THE NATIONAL STANDARD PLUMBING CODE (NSPC).
  S 5. The multiple dwelling law is amended by adding a new section 75-a
to read as follows:
  S 75-A. WATER TEMPERATURE MANAGEMENT STANDARDS. 1. NO BATHTUB, SHOWER,
WASHBASIN OR SINK IN  ANY  DWELLING  UNIT  IN  A  MULTIPLE  DWELLING  OR
TENANT-OCCUPIED  ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  2. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD IN PARAGRAPH B OF THIS SUBDIVISION SHALL BE  IN  VIOLATION  OF  THIS
SECTION AND SHALL BE LIABLE FOR A FINE.
  A. IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED TWENTY DEGREES FAHREN-
HEIT BUT DOES NOT EXCEED ONE HUNDRED THIRTY DEGREES FAHRENHEIT, THE FINE
SHALL  BE  TWO  HUNDRED  FIFTY  DOLLARS FOR THE FIRST VIOLATION AND FIVE
HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  B. IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED THIRTY DEGREES FAHREN-
HEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE  FINE
SHALL  BE  FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND
DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  C. IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED FORTY DEGREES  FAHREN-
HEIT, THE FINE SHALL BE ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND
TWO THOUSAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  3.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, ANY OWNER OF A DWELLING WHO,  PURSUANT  TO  THIS  SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
SUBDIVISION  SEVENTEEN  OF  SECTION  THREE  HUNDRED SEVENTY-EIGHT OF THE
EXECUTIVE LAW SHALL NOT BE:
  A. RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAILURE
OF SUCH DEVICE TO OPERATE PROPERLY IF  SUCH  FAILURE  RESULTS  FROM  THE
DEVICE  BEING  TAMPERED  WITH  OR  RENDERED INOPERABLE BY ANY INVITEE OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  B. RESPONSIBLE TO ANY  PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER  OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  4.  INSTALLATION  OF  A  WATER TEMPERATURE CONTROL DEVICE, OR ANY WORK
NECESSARY TO THE  INSTALLATION  OF  SUCH  DEVICE  TO  COMPLY  WITH  THIS
SECTION,  SHALL  NOT  QUALIFY FOR A RENT INCREASE UNDER ANY PROVISION OF
LAW IMPLEMENTED TO REGULATE SUCH RENTS.
  S 6. The multiple residence law is amended by adding a new section  16
to read as follows:
  S  16. WATER TEMPERATURE MANAGEMENT STANDARDS.  1. NO BATHTUB, SHOWER,
WASHBASIN OR SINK IN  ANY  DWELLING  UNIT  IN  A  MULTIPLE  DWELLING  OR

S. 1066                             4

TENANT-OCCUPIED  ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  2. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD  IN  PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE IN VIOLATION OF THIS
SECTION AND SHALL BE LIABLE FOR A FINE.
  (A) IF THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  TWENTY  DEGREES
FAHRENHEIT  BUT  DOES  NOT EXCEED ONE HUNDRED THIRTY DEGREES FAHRENHEIT,
THE FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION  AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (B)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED THIRTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (C) IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED FORTY DEGREES FAHREN-
HEIT, THE FINE SHALL BE ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND
TWO THOUSAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  3. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY  OWNER  OF  A DWELLING WHO, PURSUANT TO THIS SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
SUBDIVISION SEVENTEEN OF SECTION  THREE  HUNDRED  SEVENTY-EIGHT  OF  THE
EXECUTIVE LAW SHALL NOT BE:
  (A)  RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAIL-
URE OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM  THE
DEVICE  BEING  TAMPERED  WITH  OR  RENDERED INOPERABLE BY ANY INVITEE OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (B) RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER  OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  4.  INSTALLATION  OF  A  WATER TEMPERATURE CONTROL DEVICE, OR ANY WORK
NECESSARY TO THE  INSTALLATION  OF  SUCH  DEVICE  TO  COMPLY  WITH  THIS
SECTION,  SHALL  NOT  QUALIFY FOR A RENT INCREASE UNDER ANY PROVISION OF
LAW IMPLEMENTED TO REGULATE SUCH RENTS.
  S 7. The general municipal law is amended by adding a new section  137
to read as follows:
  S 137. MINIMUM TEMPERATURE FOR TAP WATER. IF ANY MUNICIPAL CORPORATION
ENACTS A LOCAL LAW, RULE, ORDINANCE, OR REGULATION RELATING TO THE MINI-
MUM  TEMPERATURE  OF TAP WATER SUPPLIED TO A PUBLIC BUILDING OR FACILITY
OR A RESIDENCE, THE MUNICIPAL CORPORATION SHALL ENSURE THAT SUCH MINIMUM
TEMPERATURE IS NO HIGHER THAN ONE HUNDRED TEN DEGREES FAHRENHEIT.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2015-S1066A - Details

See Assembly Version of this Bill:: A5797
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Add §1874, Pub Auth L; add Art 19 §19-101, Energy L; amd §378, Exec L; add §75-a, Mult Dwell L; add §16, Mult Res L; add §137, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5573
2011-2012: S1151
2013-2014: S3258
2017-2018: S3246, A8570
2019-2020: S1612

2015-S1066A - Summary

2015-S1066A - Sponsor Memo

                                BILL NUMBER:S1066A

TITLE OF BILL:  An act to amend the public authorities law, the energy
law, the executive law, the multiple dwelling law and the multiple
residence law, in relation to energy conservation and water
temperature management; and to amend the general municipal law, in
relation to minimum water temperatures

PURPOSE OR GENERAL IDEA OF BILL:  Relates to energy conservation and
water temperature management.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 sets forth the short title.

Section 2 creates a new section 1874 of the public authorities law
which requires the New York State Energy Research and Development
Authority (NYSERDA) to study the savings to generated by better
management of water temperature in public buildings and facilities,
multiple dwellings and tenant-occupied one-family and two-family
dwellings throughout the state.

Section 3 creates a new article 19 of the energy law, which provides
that public buildings and facilities shall conserve energy by lowering
the temperature of hot water below one hundred twenty degrees
Fahrenheit.

Section 4 amends section 378 of the executive law by adding a new
subdivision 17 concerning statewide water temperature management
standards.

Section 5 amends the multiple dwelling law by adding a new section
75-a concerning statewide water temperature management standards.

Section 6 amends the multiple residence law by adding a new section 16
concerning statewide water temperature management standards.

Section 7 amends the general municipal law by adding a new section 137
concerning the minimum temperature of tap water supplied in a public
building or facility, or a residence.

Section 8 provides that the act shall take effect on the one hundred
eightieth day after becoming law.

JUSTIFICATION:  According to the Office of Energy Efficiency and
Renewable Energy (EERE) of the U.S. Department of Energy (DOE), for
each 10 degrees Fahrenheit reduction in water temperature, a
building/facility's owner or operator can save between three and five
percent in energy costs. This is important because the cost of heating
water can be as much as 12 percent of utility costs, on average,
according to the U.S. Department of Energy's Office of Energy
Efficiency Renewable Energy. See www.eere.energy.gov and
wwwnh.gov/oep/programs/energy/documents/heating_and_cooling
energy_saving_tip s.pdf.

Reducing water temperature is important because a number of
thermostats for older water heaters were set by their manufacturers at


140 degrees Fahrenheit. In many state buildings and facilities, and
dwellings, the original water heater thermostat setting is not
adjusted downward despite the potential for significant energy
savings. A reduction from the original 140 degrees Fahrenheit to 120
degrees Fahrenheit could lead to as much as ten percent in energy
costs savings. Furthermore, reducing a building, facility or
dwelling's water temperature to 120 degrees.

Fahrenheit also slows mineral buildup and corrosion in water heaters
and pipes. The American Council for an Energy Efficient Economy
believes this helps water heaters last longer and operate at maximum
efficiency.  See www.ecosma/tus.comltechnology/technical
article_details.cfm?news= 12 (last visited on May 18, 2009) and
www.aceee.org/consumerguide/waterheating.htmftinimize.

In addition, the Gas Appliance Manufacturers Association has pre-set
all of the water tanks nationwide to 120 degrees Fahrenheit since 1988
and several states, including Delaware, New Jersey, and Maryland, have
already mandated a state limit of 120 degrees Fahrenheit.

Finally, the U.S. Consumer Product Safety Commission (CPSC) urges all
users to lower their water heaters to 120 degrees Fahrenheit. Each
year, approximately 3,800 injuries and 34 deaths occur in the home due
to scalding from excessively hot tap water. The majority of these
accidents involve the elderly and children under the age of five. In
addition to preventing accidents, decreasing water temperature, in the
CPSC's opinion, will conserve energy and save money.

PRIOR LEGISLATIVE HISTORY:  2013-2014: S.3258A/A.2184A - Died in
Energy 2011-12: S.1151/A.6208 - Referred to Energy and
Telecommunications 2010: S.5573-A Referred to Energy and
Telecommunications
      A.8488-A Referred to Energy

FISCAL IMPLICATIONS:  Undetermined.

EFFECTIVE DATE:  This act shall take effect on the one hundred
eightieth day after it shall have become law.

2015-S1066A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1066--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public authorities law, the energy law,  the  execu-
  tive law, the multiple dwelling law and the multiple residence law, in
  relation  to energy conservation and water temperature management; and
  to amend the general municipal  law,  in  relation  to  minimum  water
  temperatures

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "energy
conservation and water temperature management act".
  S  2.    The public authorities law is amended by adding a new section
1874 to read as follows:
  S 1874. ENERGY CONSERVATION THROUGH WATER TEMPERATURE  MANAGEMENT.  1.
THE  AUTHORITY SHALL CAUSE A STUDY TO BE PERFORMED ON THE SAVINGS GENER-
ATED BY BETTER MANAGEMENT OF WATER TEMPERATURE IN PUBLIC  BUILDINGS  AND
FACILITIES,  MULTIPLE DWELLINGS, AND TENANT-OCCUPIED ONE-FAMILY AND TWO-
FAMILY DWELLINGS THROUGHOUT THE STATE.
  2. THE AUTHORITY SHALL SUBMIT A REPORT OF ITS FINDINGS TO  THE  GOVER-
NOR,  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, AND THE SPEAKER OF THE
ASSEMBLY BY APRIL THIRTIETH, TWO THOUSAND SIXTEEN.    THE  REPORT  SHALL
INCLUDE:
  (A)  A  PROPOSAL  FOR STANDARDS AND DESIGNS FOR ENERGY EFFICIENT WATER
TEMPERATURE CONTROL DEVICES  FOR  RESIDENCES,  MULTIPLE  DWELLINGS,  AND
PUBLIC BUILDINGS AND FACILITIES;
  (B)  AN  ANALYSIS OF EMPIRICAL DATA AND STATISTICS REGARDING THE MONE-
TARY COSTS AND SAVINGS, THE ENERGY CONSERVATION, AND  THE  ENVIRONMENTAL
BENEFIT OFFERED THROUGH BETTER MANAGEMENT OF WATER TEMPERATURES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04896-02-5

S. 1066--A                          2

  (C)  ANY  PROPOSED LEGISLATION OR SUGGESTED CHANGES TO THE CURRENT LAW
THAT WOULD ASSIST PUBLIC ENTITIES AND PRIVATE CITIZENS TO CONSERVE ENER-
GY AND SAVE MONEY THROUGH BETTER MANAGEMENT OF WATER TEMPERATURES.
  S  3.  The energy law is amended by adding a new article 19 to read as
follows:
                               ARTICLE 19
          ENERGY CONSERVATION AND WATER TEMPERATURE MANAGEMENT
SECTION 19-101. ENERGY CONSERVATION IN PUBLIC BUILDINGS AND FACILITIES.
  S 19-101. ENERGY CONSERVATION IN PUBLIC BUILDINGS AND FACILITIES.   1.
NO BATHTUB, SHOWER, WASHBASIN OR SINK IN ANY PUBLIC BUILDING OR FACILITY
SHALL  EMIT  WATER  HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY
DEGREES FAHRENHEIT.
  2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY MUNICIPALITY OR OTHER PUBLIC ENTITY WHO, PURSUANT TO THIS
SUBDIVISION, INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS  DEFINED  IN
PARAGRAPH   E   OF   SUBDIVISION  SEVENTEEN  OF  SECTION  THREE  HUNDRED
SEVENTY-EIGHT OF THE EXECUTIVE LAW SHALL NOT BE:
  (A) RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE  FAIL-
URE  OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM THE
DEVICE BEING TAMPERED WITH OR RENDERED  INOPERABLE  BY  ANY  INVITEE  OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (B) RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY  ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  S 4. Section 378 of the executive law  is  amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  WATER  TEMPERATURE  MANAGEMENT  STANDARDS. A. NO BATHTUB, SHOWER,
WASHBASIN OR SINK IN  ANY  DWELLING  UNIT  IN  A  MULTIPLE  DWELLING  OR
TENANT-OCCUPIED  ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  B. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD OF THIS SUBDIVISION SHALL BE IN VIOLATION OF THIS SECTION AND  SHALL
BE LIABLE FOR A FINE.
  (I)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED TWENTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED  THIRTY  DEGREES  FAHRENHEIT,
THE  FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (II) IF THE WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  THIRTY  DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (III)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE HUNDRED FORTY DEGREES
FAHRENHEIT, THE FINE  SHALL  BE  ONE  THOUSAND  DOLLARS  FOR  THE  FIRST
VIOLATION  AND  TWO  THOUSAND  DOLLARS FOR THE SECOND AND ANY SUBSEQUENT
VIOLATION.
  C. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY  OWNER  OF  A DWELLING WHO, PURSUANT TO THIS SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
THIS SUBDIVISION SHALL NOT BE:
  (I) RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE  FAIL-
URE  OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM THE
DEVICE BEING TAMPERED WITH OR RENDERED  INOPERABLE  BY  ANY  INVITEE  OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (II)  RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAIL-
URE TO DELIVER HOT WATER CONTINUOUSLY  OR  AT  ANY  MINIMUM  TEMPERATURE

S. 1066--A                          3

REQUIRED  BY  ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER
OPERATION OF THE WATER TEMPERATURE CONTROL DEVICE.
  D.  INSTALLATION OF AN ANTI-SCALD DEVICE, OR ANY WORK NECESSARY TO THE
INSTALLATION OF SUCH DEVICE TO COMPLY WITH THIS SECTION, SHALL NOT QUAL-
IFY FOR A RENT INCREASE UNDER ANY PROVISION OF LAW IMPLEMENTED TO  REGU-
LATE SUCH RENTS.
  E.  FOR  PURPOSES  OF THIS SECTION, A WATER TEMPERATURE CONTROL DEVICE
SHALL MEAN AN ANTI-SCALD DEVICE OR  OTHER  DEVICE  THAT  PREVENTS  WATER
EMITTED  BY A BATHTUB, SHOWER, WASHBASIN, OR SINK FROM EXCEEDING A MAXI-
MUM TEMPERATURE SET BY THE DEVICE, WHERE SUCH DEVICE MEETS THE  ACCEPTED
NATIONAL  STANDARD  PLUMBING  CODES  OF  THE BUILDING OFFICIALS AND CODE
ADMINISTRATION, INC. (BOCA), THE INTERNATIONAL ASSOCIATION  OF  PLUMBING
AND  MECHANICAL  OFFICIALS  (IAPMO), THE SOUTHERN BUILDING CODE CONGRESS
INTERNATIONAL (SBCCI), OR THE NATIONAL STANDARD PLUMBING CODE (NSPC).
  S 5. The multiple dwelling law is amended by adding a new section 75-a
to read as follows:
  S 75-A. WATER TEMPERATURE MANAGEMENT STANDARDS. 1. NO BATHTUB, SHOWER,
WASHBASIN OR SINK IN  ANY  DWELLING  UNIT  IN  A  MULTIPLE  DWELLING  OR
TENANT-OCCUPIED  ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  2. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD IN PARAGRAPH B OF THIS SUBDIVISION SHALL BE  IN  VIOLATION  OF  THIS
SECTION AND SHALL BE LIABLE FOR A FINE.
  A. IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED TWENTY DEGREES FAHREN-
HEIT BUT DOES NOT EXCEED ONE HUNDRED THIRTY DEGREES FAHRENHEIT, THE FINE
SHALL  BE  TWO  HUNDRED  FIFTY  DOLLARS FOR THE FIRST VIOLATION AND FIVE
HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  B. IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED THIRTY DEGREES FAHREN-
HEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE  FINE
SHALL  BE  FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND
DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  C. IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED FORTY DEGREES  FAHREN-
HEIT, THE FINE SHALL BE ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND
TWO THOUSAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  3.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, ANY OWNER OF A DWELLING WHO,  PURSUANT  TO  THIS  SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
SUBDIVISION  SEVENTEEN  OF  SECTION  THREE  HUNDRED SEVENTY-EIGHT OF THE
EXECUTIVE LAW SHALL NOT BE:
  A. RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAILURE
OF SUCH DEVICE TO OPERATE PROPERLY IF  SUCH  FAILURE  RESULTS  FROM  THE
DEVICE  BEING  TAMPERED  WITH  OR  RENDERED INOPERABLE BY ANY INVITEE OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  B. RESPONSIBLE TO ANY  PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER  OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  4.  INSTALLATION  OF  A  WATER TEMPERATURE CONTROL DEVICE, OR ANY WORK
NECESSARY TO THE  INSTALLATION  OF  SUCH  DEVICE  TO  COMPLY  WITH  THIS
SECTION,  SHALL  NOT  QUALIFY FOR A RENT INCREASE UNDER ANY PROVISION OF
LAW IMPLEMENTED TO REGULATE SUCH RENTS.
  S 6. The multiple residence law is amended by adding a new section  16
to read as follows:
  S  16. WATER TEMPERATURE MANAGEMENT STANDARDS.  1. NO BATHTUB, SHOWER,
WASHBASIN OR SINK IN  ANY  DWELLING  UNIT  IN  A  MULTIPLE  DWELLING  OR

S. 1066--A                          4

TENANT-OCCUPIED  ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  2. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD  IN  PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE IN VIOLATION OF THIS
SECTION AND SHALL BE LIABLE FOR A FINE.
  (A) IF THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  TWENTY  DEGREES
FAHRENHEIT  BUT  DOES  NOT EXCEED ONE HUNDRED THIRTY DEGREES FAHRENHEIT,
THE FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION  AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (B)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED THIRTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (C) IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED FORTY DEGREES FAHREN-
HEIT, THE FINE SHALL BE ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND
TWO THOUSAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  3. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY  OWNER  OF  A DWELLING WHO, PURSUANT TO THIS SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
SUBDIVISION SEVENTEEN OF SECTION  THREE  HUNDRED  SEVENTY-EIGHT  OF  THE
EXECUTIVE LAW SHALL NOT BE:
  (A)  RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAIL-
URE OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM  THE
DEVICE  BEING  TAMPERED  WITH  OR  RENDERED INOPERABLE BY ANY INVITEE OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (B) RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER  OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  4.  INSTALLATION  OF  A  WATER TEMPERATURE CONTROL DEVICE, OR ANY WORK
NECESSARY TO THE  INSTALLATION  OF  SUCH  DEVICE  TO  COMPLY  WITH  THIS
SECTION,  SHALL  NOT  QUALIFY FOR A RENT INCREASE UNDER ANY PROVISION OF
LAW IMPLEMENTED TO REGULATE SUCH RENTS.
  S 7. The general municipal law is amended by adding a new section  137
to read as follows:
  S 137. MINIMUM TEMPERATURE FOR TAP WATER. IF ANY MUNICIPAL CORPORATION
ENACTS A LOCAL LAW, RULE, ORDINANCE, OR REGULATION RELATING TO THE MINI-
MUM  TEMPERATURE  OF TAP WATER SUPPLIED TO A PUBLIC BUILDING OR FACILITY
OR A RESIDENCE, THE MUNICIPAL CORPORATION SHALL ENSURE THAT SUCH MINIMUM
TEMPERATURE IS NO HIGHER THAN ONE HUNDRED TEN DEGREES FAHRENHEIT.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2015-S1066B (ACTIVE) - Details

See Assembly Version of this Bill:: A5797
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Add §1874, Pub Auth L; add Art 19 §19-101, Energy L; amd §378, Exec L; add §75-a, Mult Dwell L; add §16, Mult Res L; add §137, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5573
2011-2012: S1151
2013-2014: S3258
2017-2018: S3246, A8570
2019-2020: S1612

2015-S1066B (ACTIVE) - Summary

2015-S1066B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1066B

 TITLE OF BILL :  An act to amend the public authorities law, the
energy law, the executive law, the multiple dwelling law and the
multiple residence law, in relation to energy conservation and water
temperature management; and to amend the general municipal law, in
relation to minimum water temperatures

 PURPOSE OR GENERAL IDEA OF BILL :

Relates to energy conservation and water temperature management.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 sets forth the short title.

Section 2 creates a new section 1874 of the public authorities law
which requires the New York State Energy Research and Development
Authority (NYSERDA) to study the savings to generated by better
management of water temperature in public buildings and facilities,
multiple dwellings and tenant-occupied one-family and two-family
dwellings throughout the state.

Section 3 creates a new article 19 of the energy law, which provides
that public buildings and facilities shall conserve energy by lowering
the temperature of hot water below one hundred twenty degrees

Fahrenheit.

Section 4 amends section 378 of the executive law by adding a new
subdivision 17 concerning statewide water temperature management
standards.

Section 5 amends the multiple dwelling law by adding a new section
75-a concerning statewide water temperature management standards.

Section 6 amends the multiple residence law by adding a new section 16
concerning statewide water temperature management standards.

Section 7 amends the general municipal law by adding a new section 137
concerning the minimum temperature of tap water supplied in a public
building or facility, or a residence.

Section 8 provides that the act shall take effect on the one hundred
eightieth day after becoming law.

 JUSTIFICATION :

According to the Office of Energy Efficiency and Renewable Energy
(EERE) of the U.S. Department of Energy (DOE), for each 10 degrees
Fahrenheit reduction in water temperature, a building/facility's owner
or operator can save between three and five percent in energy costs.
This is important because the cost of heating water can be as much as
12 percent of utility costs, on average, according to the U.S.
Department of Energy's Office of Energy Efficiency Renewable Energy.
See www.eere.energy.gov and
wwwnh.gov/oep/programs/energy/documents/heating_and_cooling
energy_saving_tip s.pdf.

Reducing water temperature is important because a number of
thermostats for older water heaters were set by their manufacturers at
140 degrees Fahrenheit. In many state buildings and facilities, and
dwellings, the original water heater thermostat setting is not
adjusted downward despite the potential for significant energy
savings. A reduction from the original 140 degrees Fahrenheit to 120
degrees Fahrenheit could lead to as much as ten percent in energy

costs savings. Furthermore, reducing a building, facility or
dwelling's water temperature to 120 degrees.

Fahrenheit also slows mineral buildup and corrosion in water heaters
and pipes. The American Council for an Energy Efficient Economy
believes this helps water heaters last longer and operate at maximum
efficiency. See www.ecosma/tus.comltechnology/technical
article_details.cfm?news. 12 (last visited on May 18, 2009) and
www.aceee.org/consumerguide/waterheating.htmftinimize.

In addition, the Gas Appliance Manufacturers Association has pre-set
all of the water tanks nationwide to 120 degrees Fahrenheit since 1988
and several states, including Delaware, New Jersey, and Maryland, have
already mandated a state limit of 120 degrees Fahrenheit.

Finally, the U.S. Consumer Product Safety Commission (CPSC) urges all
users to lower their water heaters to 120 degrees Fahrenheit. Each
year, approximately 3,800 injuries and 34 deaths occur in the home due
to scalding from excessively hot tap water. The majority of these
accidents involve the elderly and children under the age of five. In
addition to preventing accidents, decreasing water temperature, in the
CPSC's opinion, will conserve energy and save money.

 PRIOR LEGISLATIVE HISTORY :

2013-2014: S.3258A/A.2184A - Died in Energy
2011-12: S.1151/A.6208 - Referred to Energy and Telecommunications
2010: S.5573-A Referred to Energy and Telecommunications
A.8488-A Referred to Energy

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2015-S1066B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1066--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Energy and Telecommunications in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the public authorities law, the energy law, the execu-
  tive law, the multiple dwelling law and the multiple residence law, in
  relation to energy conservation and water temperature management;  and
  to  amend  the  general  municipal  law,  in relation to minimum water
  temperatures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "energy
conservation and water temperature management act".
  S 2.  The public authorities law is amended by adding  a  new  section
1874 to read as follows:
  S  1874.  ENERGY CONSERVATION THROUGH WATER TEMPERATURE MANAGEMENT. 1.
THE AUTHORITY SHALL CAUSE A STUDY TO BE PERFORMED ON THE SAVINGS  GENER-
ATED  BY  BETTER MANAGEMENT OF WATER TEMPERATURE IN PUBLIC BUILDINGS AND
FACILITIES, MULTIPLE DWELLINGS, AND TENANT-OCCUPIED ONE-FAMILY AND  TWO-
FAMILY DWELLINGS THROUGHOUT THE STATE.
  2.  THE  AUTHORITY SHALL SUBMIT A REPORT OF ITS FINDINGS TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  AND  THE  SPEAKER  OF  THE
ASSEMBLY  BY  APRIL THIRTIETH, TWO THOUSAND SEVENTEEN.  THE REPORT SHALL
INCLUDE:
  (A) A PROPOSAL FOR STANDARDS AND DESIGNS FOR  ENERGY  EFFICIENT  WATER
TEMPERATURE  CONTROL  DEVICES  FOR  RESIDENCES,  MULTIPLE DWELLINGS, AND
PUBLIC BUILDINGS AND FACILITIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04896-04-6

S. 1066--B                          2

  (B) AN ANALYSIS OF EMPIRICAL DATA AND STATISTICS REGARDING  THE  MONE-
TARY  COSTS  AND SAVINGS, THE ENERGY CONSERVATION, AND THE ENVIRONMENTAL
BENEFIT OFFERED THROUGH BETTER MANAGEMENT OF WATER TEMPERATURES; AND
  (C)  ANY  PROPOSED LEGISLATION OR SUGGESTED CHANGES TO THE CURRENT LAW
THAT WOULD ASSIST PUBLIC ENTITIES AND PRIVATE CITIZENS TO CONSERVE ENER-
GY AND SAVE MONEY THROUGH BETTER MANAGEMENT OF WATER TEMPERATURES.
  S 3. The energy law is amended by adding a new article 19 to  read  as
follows:
                               ARTICLE 19
          ENERGY CONSERVATION AND WATER TEMPERATURE MANAGEMENT
SECTION 19-101. ENERGY CONSERVATION IN PUBLIC BUILDINGS AND FACILITIES.
  S  19-101. ENERGY CONSERVATION IN PUBLIC BUILDINGS AND FACILITIES.  1.
NO BATHTUB, SHOWER, WASHBASIN OR SINK IN ANY PUBLIC BUILDING OR FACILITY
SHALL EMIT WATER HAVING A TEMPERATURE IN EXCESS OF  ONE  HUNDRED  TWENTY
DEGREES FAHRENHEIT.
  2.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, ANY MUNICIPALITY OR OTHER PUBLIC ENTITY WHO, PURSUANT TO  THIS
SUBDIVISION,  INSTALLS  A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN
PARAGRAPH  E  OF  SUBDIVISION  SEVENTEEN  OF   SECTION   THREE   HUNDRED
SEVENTY-EIGHT OF THE EXECUTIVE LAW SHALL NOT BE:
  (A)  RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAIL-
URE OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM  THE
DEVICE  BEING  TAMPERED  WITH  OR  RENDERED INOPERABLE BY ANY INVITEE OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (B) RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER  OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  S  4.  Section  378  of  the  executive law is amended by adding a new
subdivision 17 to read as follows:
  17. WATER TEMPERATURE MANAGEMENT STANDARDS.  A.  NO  BATHTUB,  SHOWER,
WASHBASIN  OR  SINK  IN  ANY  DWELLING  UNIT  IN  A MULTIPLE DWELLING OR
TENANT-OCCUPIED ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT  WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  B. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD  OF THIS SUBDIVISION SHALL BE IN VIOLATION OF THIS SECTION AND SHALL
BE LIABLE FOR A FINE.
  (I) IF THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  TWENTY  DEGREES
FAHRENHEIT  BUT  DOES  NOT EXCEED ONE HUNDRED THIRTY DEGREES FAHRENHEIT,
THE FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION  AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (II)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE HUNDRED THIRTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (III) IF THE WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  FORTY  DEGREES
FAHRENHEIT,  THE  FINE  SHALL  BE  ONE  THOUSAND  DOLLARS  FOR THE FIRST
VIOLATION AND TWO THOUSAND DOLLARS FOR THE  SECOND  AND  ANY  SUBSEQUENT
VIOLATION.
  C.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, ANY OWNER OF A DWELLING WHO,  PURSUANT  TO  THIS  SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
THIS SUBDIVISION SHALL NOT BE:
  (I)  RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAIL-
URE OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM  THE

S. 1066--B                          3

DEVICE  BEING  TAMPERED  WITH  OR  RENDERED INOPERABLE BY ANY INVITEE OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (II)  RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAIL-
URE TO DELIVER HOT WATER CONTINUOUSLY  OR  AT  ANY  MINIMUM  TEMPERATURE
REQUIRED  BY  ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER
OPERATION OF THE WATER TEMPERATURE CONTROL DEVICE.
  D. INSTALLATION OF AN ANTI-SCALD DEVICE, OR ANY WORK NECESSARY TO  THE
INSTALLATION OF SUCH DEVICE TO COMPLY WITH THIS SECTION, SHALL NOT QUAL-
IFY  FOR A RENT INCREASE UNDER ANY PROVISION OF LAW IMPLEMENTED TO REGU-
LATE SUCH RENTS.
  E. FOR PURPOSES OF THIS SECTION, A WATER  TEMPERATURE  CONTROL  DEVICE
SHALL  MEAN  AN  ANTI-SCALD  DEVICE  OR OTHER DEVICE THAT PREVENTS WATER
EMITTED BY A BATHTUB, SHOWER, WASHBASIN, OR SINK FROM EXCEEDING A  MAXI-
MUM  TEMPERATURE SET BY THE DEVICE, WHERE SUCH DEVICE MEETS THE ACCEPTED
NATIONAL STANDARD PLUMBING CODES OF  THE  BUILDING  OFFICIALS  AND  CODE
ADMINISTRATION,  INC.  (BOCA), THE INTERNATIONAL ASSOCIATION OF PLUMBING
AND MECHANICAL OFFICIALS (IAPMO), THE SOUTHERN  BUILDING  CODE  CONGRESS
INTERNATIONAL (SBCCI), OR THE NATIONAL STANDARD PLUMBING CODE (NSPC).
  S 5. The multiple dwelling law is amended by adding a new section 75-a
to read as follows:
  S 75-A. WATER TEMPERATURE MANAGEMENT STANDARDS. 1. NO BATHTUB, SHOWER,
WASHBASIN  OR  SINK  IN  ANY  DWELLING  UNIT  IN  A MULTIPLE DWELLING OR
TENANT-OCCUPIED ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT  WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  2. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD  IN  PARAGRAPH  B  OF THIS SUBDIVISION SHALL BE IN VIOLATION OF THIS
SECTION AND SHALL BE LIABLE FOR A FINE.
  A. IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED TWENTY DEGREES FAHREN-
HEIT BUT DOES NOT EXCEED ONE HUNDRED THIRTY DEGREES FAHRENHEIT, THE FINE
SHALL BE TWO HUNDRED FIFTY DOLLARS FOR  THE  FIRST  VIOLATION  AND  FIVE
HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  B. IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED THIRTY DEGREES FAHREN-
HEIT  BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE FINE
SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND  ONE  THOUSAND
DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  C.  IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED FORTY DEGREES FAHREN-
HEIT, THE FINE SHALL BE ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND
TWO THOUSAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  3. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY  OWNER  OF  A DWELLING WHO, PURSUANT TO THIS SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
SUBDIVISION SEVENTEEN OF SECTION  THREE  HUNDRED  SEVENTY-EIGHT  OF  THE
EXECUTIVE LAW SHALL NOT BE:
  A. RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAILURE
OF  SUCH  DEVICE  TO  OPERATE  PROPERLY IF SUCH FAILURE RESULTS FROM THE
DEVICE BEING TAMPERED WITH OR RENDERED  INOPERABLE  BY  ANY  INVITEE  OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  B. RESPONSIBLE TO ANY  PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY  ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  4. INSTALLATION OF A WATER TEMPERATURE CONTROL  DEVICE,  OR  ANY  WORK
NECESSARY  TO  THE  INSTALLATION  OF  SUCH  DEVICE  TO  COMPLY WITH THIS
SECTION, SHALL NOT QUALIFY FOR A RENT INCREASE UNDER  ANY  PROVISION  OF
LAW IMPLEMENTED TO REGULATE SUCH RENTS.

S. 1066--B                          4

  S  6. The multiple residence law is amended by adding a new section 16
to read as follows:
  S  16. WATER TEMPERATURE MANAGEMENT STANDARDS.  1. NO BATHTUB, SHOWER,
WASHBASIN OR SINK IN  ANY  DWELLING  UNIT  IN  A  MULTIPLE  DWELLING  OR
TENANT-OCCUPIED  ONE-FAMILY  OR  TWO-FAMILY  DWELLING  SHALL  EMIT WATER
HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY DEGREES FAHRENHEIT.
  2. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE IN VIOLATION  OF  THIS
SECTION AND SHALL BE LIABLE FOR A FINE.
  (A)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED TWENTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED  THIRTY  DEGREES  FAHRENHEIT,
THE  FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (B) IF THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  THIRTY  DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (C) IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED FORTY DEGREES FAHREN-
HEIT, THE FINE SHALL BE ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND
TWO THOUSAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  3.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, ANY OWNER OF A DWELLING WHO,  PURSUANT  TO  THIS  SUBDIVISION,
INSTALLS A WATER TEMPERATURE CONTROL DEVICE AS DEFINED IN PARAGRAPH E OF
SUBDIVISION  SEVENTEEN  OF  SECTION  THREE  HUNDRED SEVENTY-EIGHT OF THE
EXECUTIVE LAW SHALL NOT BE:
  (A) RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE  FAIL-
URE  OF SUCH DEVICE TO OPERATE PROPERLY IF SUCH FAILURE RESULTS FROM THE
DEVICE BEING TAMPERED WITH OR RENDERED  INOPERABLE  BY  ANY  INVITEE  OR
LICENSEE IN SUCH BUILDING OR FACILITY; OR
  (B) RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY  ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER OPERATION
OF THE WATER TEMPERATURE CONTROL DEVICE.
  4. INSTALLATION OF A WATER TEMPERATURE CONTROL  DEVICE,  OR  ANY  WORK
NECESSARY  TO  THE  INSTALLATION  OF  SUCH  DEVICE  TO  COMPLY WITH THIS
SECTION, SHALL NOT QUALIFY FOR A RENT INCREASE UNDER  ANY  PROVISION  OF
LAW IMPLEMENTED TO REGULATE SUCH RENTS.
  S  7. The general municipal law is amended by adding a new section 137
to read as follows:
  S 137. MINIMUM TEMPERATURE FOR TAP WATER. IF ANY MUNICIPAL CORPORATION
ENACTS A LOCAL LAW, RULE, ORDINANCE, OR REGULATION RELATING TO THE MINI-
MUM TEMPERATURE OF TAP WATER SUPPLIED TO A PUBLIC BUILDING  OR  FACILITY
OR A RESIDENCE, THE MUNICIPAL CORPORATION SHALL ENSURE THAT SUCH MINIMUM
TEMPERATURE IS NO HIGHER THAN ONE HUNDRED TEN DEGREES FAHRENHEIT.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S1066B

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2015-S1066 - Details

2015-S1066 - Summary

2015-S1066 - Sponsor Memo

2015-S1066 - Bill Text download pdf

2015-S1066A - Details

2015-S1066A - Summary

2015-S1066A - Sponsor Memo

2015-S1066A - Bill Text download pdf

2015-S1066B (ACTIVE) - Details

2015-S1066B (ACTIVE) - Summary

2015-S1066B (ACTIVE) - Sponsor Memo

2015-S1066B (ACTIVE) - Bill Text download pdf

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Senate Bill S1066B

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2015-S1066 - Details

2015-S1066 - Summary

2015-S1066 - Sponsor Memo

2015-S1066 - Bill Text download pdf

2015-S1066A - Details

2015-S1066A - Summary

2015-S1066A - Sponsor Memo

2015-S1066A - Bill Text download pdf

2015-S1066B (ACTIVE) - Details

2015-S1066B (ACTIVE) - Summary

2015-S1066B (ACTIVE) - Sponsor Memo

2015-S1066B (ACTIVE) - Bill Text download pdf

Comments