Enacts the energy conservation and water temperature management act

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.