Relating to power duration requirements in emergency contingency plans adopted by end stage renal disease facilities.

89(R) SB 2919 - Senate Committee Report version - Bill Text

By: Miles, Hancock

S.B. No. 2919

(In the Senate - Filed March 14, 2025; April 7, 2025, read

first time and referred to Committee on Health & Human Services;

May 12, 2025, reported adversely, with favorable Committee

Substitute by the following vote: Yeas 7, Nays 1; May 12, 2025,

sent to printer.)
Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 2919

By: Miles

A BILL TO BE ENTITLED

AN ACT

relating to power duration requirements in emergency contingency

plans adopted by end stage renal disease facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 251.017, Health and Safety Code, is

amended by amending Subsection (b) and adding Subsection (f) to

read as follows:

(b) Unless the facility adopts a plan described by

Subsection (d) or (e), an end stage renal disease facility must

adopt an emergency contingency plan as required by Subsection (a)

under which the facility is required:

(1) to have an on-site emergency generator that:

(A) has a type 2 essential electrical

distribution system in accordance with the National Fire Protection

Association 99, Section 4.5, and the National Fire Protection

Association 110;

(B) is installed, tested, and maintained in

accordance with the National Fire Protection Association 99,

Section 4.5.4, and the National Fire Protection Association 110;

and

(C) is kept at all times not less than 10 feet

from the electrical transformer;

(2) except as provided by Subsection (c), to maintain
:

(A)
an on-site fuel source
with sufficient
[
that

contains enough
] fuel capacity to power the on-site generator for

not less than
72
[
24
] hours, as determined by the electrical load

demand on the emergency generator for that period;
or

(B)

an on-site battery-powered generator with

sufficient electrical capacity to power the facility for not less

than 72 hours;

(3) to maintain a sufficient quantity of potable water

on-site to operate the facility's water treatment system for not

less than 24 hours; and

(4) to maintain a water valve connection that allows

an outside vendor to provide potable water to operate the

facility's water treatment system.

(f)

If an end stage renal disease facility determines it is

not feasible for the facility to install or maintain an on-site fuel

storage tank with capacity sufficient to store the fuel required

under Subsection (b)(2)(A), the facility must enter into an

agreement with a third party for the party to provide during a power

outage the fuel required for the facility to comply with that

subsection.

SECTION 2. Not later than December 1, 2025, each end stage

renal disease facility shall modify the facility's emergency

contingency plan as necessary to comply with Section 251.017(b),

Health and Safety Code, as amended by this Act.

SECTION 3. This Act takes effect September 1, 2025.

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