Bill S3258A-2013

Enacts the energy conservation and water temperature management act

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.

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  • Feb 10, 2014: PRINT NUMBER 3258A
  • Feb 10, 2014: AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • Jan 8, 2014: REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • Jan 31, 2013: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Memo

BILL NUMBER:S3258A

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_ articles _ 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:

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3258--A 2013-2014 Regular Sessions IN SENATE January 31, 2013 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations -- recommitted to the Committee on Energy and Telecommuni- cations 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 FIFTEEN. 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 (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 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 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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