S T A T E O F N E W Y O R K
________________________________________________________________________
1612
2019-2020 Regular Sessions
I N S E N A T E
January 15, 2019
___________
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".
§ 2. The public authorities law is amended by adding a new section
1874 to read as follows:
§ 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 TWENTY. 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.
LBD07267-01-9
S. 1612 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.
§ 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.
§ 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 NINETEEN 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. Section 378 of the executive law is amended by adding a new
subdivision 19 to read as follows:
19. 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. 1612 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).
§ 5. The multiple dwelling law is amended by adding a new section 75-a
to read as follows:
§ 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 NINETEEN OF SECTION THREE HUNDRED SEVENTY-EIGHT OF THE EXEC-
UTIVE 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.
§ 6. The multiple residence law is amended by adding a new section 16
to read as follows:
§ 16. WATER TEMPERATURE MANAGEMENT STANDARDS. 1. NO BATHTUB, SHOWER,
WASHBASIN OR SINK IN ANY DWELLING UNIT IN A MULTIPLE DWELLING OR
S. 1612 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 NINETEEN OF SECTION THREE HUNDRED SEVENTY-EIGHT OF THE EXEC-
UTIVE 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.
§ 7. The general municipal law is amended by adding a new section 137
to read as follows:
§ 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.
§ 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.