What's happening
This bill sets maximum hot water temperatures for residences and public buildings to 120°F, imposes fines for violations, and mandates a study on water temperature management and energy conservation.
Why it matters
Reduces risk of scalding injuries. By capping hot water at 120°F in residences and public buildings, the bill directly addresses the safety of children, seniors, and those with disabilities who are most vulnerable to burns from excessively hot water.
Creates clear liability protections. Landlords and public entities that install approved anti-scald devices are shielded from certain legal claims if a device fails due to tampering or if hot water delivery drops below older minimum requirements—potentially reducing insurance costs and legal uncertainty.
Influences rent and housing costs. The law bars landlords from passing the cost of installing anti-scald devices onto tenants through rent increases, which protects tenants from unexpected housing cost hikes while ensuring compliance.
Drives energy conservation and policy development. By mandating a statewide study and requiring municipalities to set lower minimum tap water temperatures (no higher than 110°F), the bill aims to inform future standards that could lead to widespread energy savings and reduced utility bills.
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Who cares
Headline styles
Limit Hot Water Temperatures
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1612
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
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
The People of the State of New York, represented in Senate and Assembly, 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 generated by better management of water temperature in public buildings and facilities, multiple dwellings, and tenant-occupied one-family and twofamily dwellings throughout the state.
2. The authority shall submit a report of its findings to the governor, 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 monetary 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 energy 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 seventyeight 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. 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 standard 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 thousand 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 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
(ii) responsible to any person or subject to penalty of law for failure 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 qualify for a rent increase under any provision of law implemented to regulate 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 maximum 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 standard 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 thousand dollars for the second and any subsequent violation.
c. 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.
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 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.
§ 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 standard 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 thousand dollars for the second and any subsequent violation.
(c) 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.
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 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.
§ 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 minimum 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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 temper- atures
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.
Read the full memo (659 words)
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 15 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 Fahren- heit.
Section 4 amends section 378 of the executive law by adding a new subdi- vision 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 minimnm temperature, of tap rater suppi ret 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 impor- tant because the cost of heating water can be as much 32, 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.govjoep/programsjenergy/documents/heating_and_cooling energv_seving_tips.pdf.
Reducing water temperature is in-portent 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 16, 2009) and www.aceee.org/consumerguide/waterheating.htmftinimize.
In addition, the Gas Anpliance Manufacturers Association has pre-set all of the water tanks nationwide to 120 degrees Fahrenheit since 1088 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 3,300 injuries and 34 deaths occur in the home dae 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
2017/18: S.3246 - Energy and Telecommunications
2015-2016: S1066B/A.5797A - Energy and Telecommunications
2013-14: S.3258A/A.2134A - Died in Energy
2011-12: S.1151/A.6208 - Referred to Energy and Telecommunications
2010: S.5573A/A.8488 Referred to Energy and Telecommunications
Fiscal implications
Undetermined.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.