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A2419
ASSEMBLY, No. 2419
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
SYNOPSIS
���� Requires assisted living residences and certain
facilities under DCA, DCF, and DHS to be equipped with standby emergency power
generators.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the use of generators in certain residential
facilities and supplementing Titles 9, 26, 30, and 55 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:
���� "Department" means
the Department of Children and Families.
���� "Psychiatric community
home for children" means a community residential program subject to
regulation by the Department of Children and Families that provides food,
shelter, and personal guidance to children on a 24-hour basis, under such
supervision as required to children with mental illness who require assistance.
���� "Residential child care
facility" means a residential child care facility as defined in section 1
of P.L.2003, c.186 (C.30:4C-27.16).
���� "Special needs"
means a physical or mental disability or medical care need.
���� b.��� (1)� A psychiatric
community home for children, residential child care facility, and any other residential
facility in the State
sponsored by the department to provide residential
services to persons under 21 years of age with special needs, 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 home or facility.
���� (2)�� A psychiatric community
home for children, residential child care facility, and any other residential
facility in the State
sponsored by the department to provide residential
services to persons under 21 years of age with special needs, 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 home or
facility.
���� c.���� An agency,
organization, or other entity operating a psychiatric community home for
children, residential child care facility, or other residential facility in the
State
sponsored by the department to provide residential services to
persons under 21 years of age with special needs 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 Children and Families.
���� 2.��� The Commissioner of
Children and Families, 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 section 1 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill).
���� 3.��� a.� (1) A facility
licensed to operate an assisted living residence pursuant to P.L.1971, c.136
(C.26:2H-1 et seq.), 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 facility.
���� (2)�� A facility licensed to
operate an assisted living residence, pursuant to P.L.1971, c.136 (C.26:2H-1 et
seq.), 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 facility.
���� b.��� The assisted living
administrator of an assisted living residence 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.
���� 4.��� The Commissioner of
Health, 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 section 3 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).
���� 5.��� a.� As used in this
section:
���� "Community residence for
the developmentally disabled" means 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 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 community residence for persons with
head injuries as defined in section 2 of P.L.1977, c.448 (C.30:11B-2).
���� "Department" means
the Department of Human Services.
���� "Facility" means
facility as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
���� "Psychiatric
facility" means a State psychiatric hospital listed in R.S.30:1-7.
���� b.��� (1) A community
residence for the developmentally disabled, community residence for the
mentally ill, community residence for persons with head injuries, facility,
psychiatric facility, and any other residential facility in the State providing
diagnosis, care, or treatment of persons with mental illness or developmental
disabilities, 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 or facility.
���� (2)�� A community residence
for the developmentally disabled, community residence for the mentally ill,
community residence for persons with head injuries, facility, psychiatric
facility, and any other residential facility in the State providing diagnosis,
care, or treatment of persons with mental illness or developmental
disabilities, 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 or facility.
���� c.���� An agency,
organization, or other entity operating a community residence for the
developmentally disabled, community residence for the mentally ill, community
residence for persons with head injuries, facility, psychiatric facility, and
any other residential facility in the State providing diagnosis, care, or
treatment of persons with mental illness or developmental disabilities 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.
���� 6.��� The Commissioner of
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 section 5 of P.L.��� , c.���
(C.�������� ) (pending before the Legislature as this bill).
���� 7.��� a.� (1) The owner or
operator of a boarding house, including a residential health care facility
defined in section 1 of P.L.1953, c.212 (C.30:11A-1), licensed on or after the
effective date of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),
shall ensure that the boarding house, including a residential health care
facility, is equipped with and employs a standby emergency power generator in
the event of a power outage at the boarding house.
���� (2)�� The owner or operator of
a boarding house,
including a residential health care facility, licensed
prior to the effective date of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), shall ensure that the boarding house,
including
a residential health care facility, is equipped with and employs, 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 boarding house.
���� b.��� The owner or operator of
a boarding house, including a residential health care facility, 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 Community Affairs.
���� 8.��� The Commissioner of
Community Affairs, 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 section 7 of P.L.��� , c.���
(C.�������� ) (pending before the Legislature as this bill).
���� 9.��� This act shall take
effect on the first day of the fourth month next following the date of
enactment, but the Commissioners of Children and Families, Health, Human
Services, and Community Affairs may take such anticipatory administrative
action in advance thereof as shall be necessary for the implementation of this
act.
STATEMENT
���� This bill requires the use of
standby emergency power generators in assisted living residences and boarding
homes, including residential health care facilities, which are licensed by the
Departments of Health (DOH) and Community Affairs (DCA), respectively, and in
other facilities that are sponsored by the Departments of Children and Families
(DCF) and Human Services (DHS).
���� Specifically, the bill
provides that assisted living residences and boarding homes, including
residential health care facilities, licensed after the effective date of the
bill are to be equipped with a standby emergency power generator in the event
of a power outage.� For existing assisted living residences and, boarding
homes, including residential health care facilities, the bill requires that
they be equipped with the generators within 90 days of the effective date.
���� For facilities sponsored by
DCF and DHS, the bill similarly requires that facilities sponsored on or after
the effective date of the bill be equipped with emergency standby generators,
and also provides a 90-day period for existing facilities to comply with the
requirement.
���� The bill lists the following
facilities in DCF:� a psychiatric community home for children; residential
child care facility; and any other residential facility in the State
sponsored
by DCF to provide residential services to persons under 21 years of age with
special needs (which is defined as a physical or mental disability or medical
care need), and also lists the following facilities in DHS: community
residences for the developmentally disabled, mentally ill, and persons with
head injuries; State psychiatric facilities; facilities (which are defined in
current law as facilities operated by any public or private agency, organization
or institution for the provision of services for persons with developmental
disabilities); and any other residential facility in the State providing
diagnosis, care, or treatment of persons with mental illness or developmental
disabilities.
���� In addition, the bill requires
that the standby emergency power generators be checked, tested, and serviced in
accordance with generally accepted engineering practices as prescribed by
regulations of DOH, DCA, DCF, and DHS.
���� Lastly, the bill has a delayed
effective date of the first day of the fourth month following enactment, and
provides for administrative action to be taken in advance of that date.