Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires certain community residential facilities to be equipped with standby emergency power generators.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of standby emergency power generators by certain community residential facilities and supplementing Titles 26 and 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section, "community residence for the terminally ill" means a community residential facility operated as a hospice care program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
b. (1) A community residence for the terminally ill, which provides care for persons with a terminal illness, beginning on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with and employ a standby emergency power generator in the event of a power outage at the residence.
(2) A community residence for the terminally ill, which provides care for persons with a terminal illness, prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with and employ, within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a standby emergency power generator in the event of a power outage at the residence.
c. An agency, organization, or other entity operating a community residence for the terminally ill shall ensure that its standby emergency power generator is checked, tested, and serviced in accordance with generally accepted engineering practices as prescribed by regulation of the Commissioner of Health.
2. a. As used in this section:
"Community residence for the developmentally disabled" means a community residence for the developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2).
"Community residence for the mentally ill" means a community residence for the mentally ill as defined in section 2 of P.L.1977, c.448 (C.30:11B-2).
"Community residence for persons with head injuries" means a community residence for persons with head injuries as defined in section 2 of P.L.1977, c.448 (C.30:11B-2).
b. (1) A community residence for the developmentally disabled, community residence for the mentally ill, or community residence for persons with head injuries, which provides care for persons with developmental disabilities, mental illness, or head injuries, as applicable, beginning on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with and employ a standby emergency power generator in the event of a power outage at the residence.
(2) A community residence for the developmentally disabled, community residence for the mentally ill, or community residence for persons with head injuries, which provides care for persons with developmental disabilities, mental illness, or head injuries, as applicable, prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with and employ, within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a standby emergency power generator in the event of a power outage at the residence.
c. An agency, organization, or other entity operating a community residence for the developmentally disabled, community residence for the mentally ill, or community residence for persons with head injuries shall ensure that its standby emergency power generator is checked, tested, and serviced in accordance with generally accepted engineering practices as prescribed by regulation of the Commissioner of Human Services.
3. The Commissioners of Health and Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement the provisions of this act.
4. This act shall take effect on the first day of the fourth month next following the date of enactment, but the Commissioners of Health and Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill requires that certain community residential facilities be equipped with standby emergency power generators.
The provisions of the bill apply to community residences for the developmentally disabled, community residences for the mentally ill, and community residences for persons with head injuries, which are sponsored by the Department of Human Services, and community residences for the terminally ill that are operated as a hospice care program licensed by the Department of Health.
Specifically, the bill provides that these community residences, which provide care for their residents beginning on or after the effective date of the bill, are to be equipped with standby emergency power generators, and that such facilities operating prior to the effective date of the bill are to be equipped with the generators within 90 days of the effective date.
In addition, the bill requires that the standby emergency power generators in these community residences be checked, tested, and serviced in accordance with generally accepted engineering practices as prescribed by regulation.
The bill takes effect on the first day of the fourth month following the date of enactment, but authorizes the Commissioners of Health and Human Services to take prior administrative action as necessary for its implementation.