Add S1874, Pub Auth L; add Art 19 S19-101, Energy L; amd S378, Exec L; add S75-a, Mult Dwell L; add S16, Mult
Res L; add S137, Gen Muni L
 
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.
STATE OF NEW YORK
________________________________________________________________________
1151
2011-2012 Regular Sessions
IN SENATE
January 5, 2011
___________
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:
1 Section 1. This act shall be known and may be cited as the "energy
2 conservation and water temperature management act".
3 § 2. The public authorities law is amended by adding a new section
4 1874 to read as follows:
5 § 1874. Energy conservation through water temperature management. 1.
6 The authority shall cause a study to be performed on the savings gener-
7 ated by better management of water temperature in public buildings and
8 facilities, multiple dwellings, and tenant-occupied one-family and two-
9 family dwellings throughout the state.
10 2. The authority shall submit a report of its findings to the gover-
11 nor, the temporary president of the senate, and the speaker of the
12 assembly by April thirtieth, two thousand twelve. The report shall
13 include:
14 (a) A proposal for standards and designs for energy efficient water
15 temperature control devices for residences, multiple dwellings, and
16 public buildings and facilities;
17 (b) An analysis of empirical data and statistics regarding the mone-
18 tary costs and savings, the energy conservation, and the environmental
19 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.
LBD00825-01-1
S. 1151 2
1 (c) Any proposed legislation or suggested changes to the current law
2 that would assist public entities and private citizens to conserve ener-
3 gy and save money through better management of water temperatures.
4 § 3. The energy law is amended by adding a new article 19 to read as
5 follows:
6 ARTICLE 19
7 ENERGY CONSERVATION AND WATER TEMPERATURE MANAGEMENT
8 Section 19-101. Energy conservation in public buildings and facilities.
9 § 19-101. Energy conservation in public buildings and facilities. 1.
10 No bathtub, shower, washbasin or sink in any public building or facility
11 shall emit water having a temperature in excess of one hundred twenty
12 degrees Fahrenheit.
13 2. Notwithstanding any provision of law, rule or regulation to the
14 contrary, any municipality or other public entity who, pursuant to this
15 subdivision, installs a water temperature control device as defined in
16 paragraph e of subdivision seventeen of section three hundred seventy-
17 eight of the executive law shall not be:
18 (a) responsible to any person for injuries caused solely by the fail-
19 ure of such device to operate properly if such failure results from the
20 device being tampered with or rendered inoperable by any invitee or
21 licensee in such building or facility; or
22 (b) responsible to any person or subject to penalty of law for failure
23 to deliver hot water continuously or at any minimum temperature required
24 by any law, rule or regulation solely by reason of the proper operation
25 of the water temperature control device.
26 § 4. Section 378 of the executive law is amended by adding a new
27 subdivision 17 to read as follows:
28 17. Water temperature management standards. a. No bathtub, shower,
29 washbasin or sink in any dwelling unit in a multiple dwelling or
30 tenant-occupied one-family or two-family dwelling shall emit water
31 having a temperature in excess of one hundred twenty degrees Fahrenheit.
32 b. Any owner of a dwelling found to emit water that exceeds the stand-
33 ard of this subdivision shall be in violation of this section and shall
34 be liable for a fine.
35 (i) If the water temperature exceeds one hundred twenty degrees
36 Fahrenheit but does not exceed one hundred thirty degrees Fahrenheit,
37 the fine shall be two hundred fifty dollars for the first violation and
38 five hundred dollars for the second and any subsequent violation.
39 (ii) If the water temperature exceeds one hundred thirty degrees
40 Fahrenheit but does not exceed one hundred forty degrees Fahrenheit, the
41 fine shall be five hundred dollars for the first violation and one thou-
42 sand dollars for the second and any subsequent violation.
43 (iii) If the water temperature exceeds one hundred forty degrees
44 Fahrenheit, the fine shall be one thousand dollars for the first
45 violation and two thousand dollars for the second and any subsequent
46 violation.
47 c. Notwithstanding any provision of law, rule or regulation to the
48 contrary, any owner of a dwelling who, pursuant to this subdivision,
49 installs a water temperature control device as defined in paragraph e of
50 this subdivision shall not be:
51 (i) responsible to any person for injuries caused solely by the fail-
52 ure of such device to operate properly if such failure results from the
53 device being tampered with or rendered inoperable by any invitee or
54 licensee in such building or facility; or
55 (ii) responsible to any person or subject to penalty of law for fail-
56 ure to deliver hot water continuously or at any minimum temperature
S. 1151 3
1 required by any law, rule or regulation solely by reason of the proper
2 operation of the water temperature control device.
3 d. Installation of an anti-scald device, or any work necessary to the
4 installation of such device to comply with this section, shall not qual-
5 ify for a rent increase under any provision of law implemented to regu-
6 late such rents.
7 e. For purposes of this section, a water temperature control device
8 shall mean an anti-scald device or other device that prevents water
9 emitted by a bathtub, shower, washbasin, or sink from exceeding a maxi-
10 mum temperature set by the device, where such device meets the accepted
11 national standard plumbing codes of the Building Officials and Code
12 Administration, Inc. (BOCA), the International Association of Plumbing
13 and Mechanical Officials (IAPMO), the Southern Building Code Congress
14 International (SBCCI), or the National Standard Plumbing Code (NSPC).
15 § 5. The multiple dwelling law is amended by adding a new section 75-a
16 to read as follows:
17 § 75-a. Water temperature management standards. 1. No bathtub, shower,
18 washbasin or sink in any dwelling unit in a multiple dwelling or
19 tenant-occupied one-family or two-family dwelling shall emit water
20 having a temperature in excess of one hundred twenty degrees Fahrenheit.
21 2. Any owner of a dwelling found to emit water that exceeds the stand-
22 ard in paragraph b of this subdivision shall be in violation of this
23 section and shall be liable for a fine.
24 a. If the water temperature exceeds one hundred twenty degrees Fahren-
25 heit but does not exceed one hundred thirty degrees Fahrenheit, the fine
26 shall be two hundred fifty dollars for the first violation and five
27 hundred dollars for the second and any subsequent violation.
28 b. If the water temperature exceeds one hundred thirty degrees Fahren-
29 heit but does not exceed one hundred forty degrees Fahrenheit, the fine
30 shall be five hundred dollars for the first violation and one thousand
31 dollars for the second and any subsequent violation.
32 c. If the water temperature exceeds one hundred forty degrees Fahren-
33 heit, the fine shall be one thousand dollars for the first violation and
34 two thousand dollars for the second and any subsequent violation.
35 3. Notwithstanding any provision of law, rule or regulation to the
36 contrary, any owner of a dwelling who, pursuant to this subdivision,
37 installs a water temperature control device as defined in paragraph e of
38 subdivision seventeen of section three hundred seventy-eight of the
39 executive law shall not be:
40 a. responsible to any person for injuries caused solely by the failure
41 of such device to operate properly if such failure results from the
42 device being tampered with or rendered inoperable by any invitee or
43 licensee in such building or facility; or
44 b. responsible to any person or subject to penalty of law for failure
45 to deliver hot water continuously or at any minimum temperature required
46 by any law, rule or regulation solely by reason of the proper operation
47 of the water temperature control device.
48 4. Installation of a water temperature control device, or any work
49 necessary to the installation of such device to comply with this
50 section, shall not qualify for a rent increase under any provision of
51 law implemented to regulate such rents.
52 § 6. The multiple residence law is amended by adding a new section 16
53 to read as follows:
54 § 16. Water temperature management standards. 1. No bathtub, shower,
55 washbasin or sink in any dwelling unit in a multiple dwelling or
S. 1151 4
1 tenant-occupied one-family or two-family dwelling shall emit water
2 having a temperature in excess of one hundred twenty degrees Fahrenheit.
3 2. Any owner of a dwelling found to emit water that exceeds the stand-
4 ard in paragraph (b) of this subdivision shall be in violation of this
5 section and shall be liable for a fine.
6 (a) If the water temperature exceeds one hundred twenty degrees
7 Fahrenheit but does not exceed one hundred thirty degrees Fahrenheit,
8 the fine shall be two hundred fifty dollars for the first violation and
9 five hundred dollars for the second and any subsequent violation.
10 (b) If the water temperature exceeds one hundred thirty degrees
11 Fahrenheit but does not exceed one hundred forty degrees Fahrenheit, the
12 fine shall be five hundred dollars for the first violation and one thou-
13 sand dollars for the second and any subsequent violation.
14 (c) If the water temperature exceeds one hundred forty degrees Fahren-
15 heit, the fine shall be one thousand dollars for the first violation and
16 two thousand dollars for the second and any subsequent violation.
17 3. Notwithstanding any provision of law, rule or regulation to the
18 contrary, any owner of a dwelling who, pursuant to this subdivision,
19 installs a water temperature control device as defined in paragraph e of
20 subdivision seventeen of section three hundred seventy-eight of the
21 executive law shall not be:
22 (a) responsible to any person for injuries caused solely by the fail-
23 ure of such device to operate properly if such failure results from the
24 device being tampered with or rendered inoperable by any invitee or
25 licensee in such building or facility; or
26 (b) responsible to any person or subject to penalty of law for failure
27 to deliver hot water continuously or at any minimum temperature required
28 by any law, rule or regulation solely by reason of the proper operation
29 of the water temperature control device.
30 4. Installation of a water temperature control device, or any work
31 necessary to the installation of such device to comply with this
32 section, shall not qualify for a rent increase under any provision of
33 law implemented to regulate such rents.
34 § 7. The general municipal law is amended by adding a new section 137
35 to read as follows:
36 § 137. Minimum temperature for tap water. If any municipal corporation
37 enacts a local law, rule, ordinance, or regulation relating to the mini-
38 mum temperature of tap water supplied to a public building or facility
39 or a residence, the municipal corporation shall ensure that such minimum
40 temperature is no higher than one hundred ten degrees Fahrenheit.
41 § 8. This act shall take effect on the one hundred eightieth day after
42 it shall have become a law.