Bill Text: CA AB2511 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2511 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Skilled nursing facilities: backup power source.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 788, Statutes of 2022. [AB2511 Detail]

Download: California-2021-AB2511-Amended.html

Amended IN Assembly April 07, 2022

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2511

Introduced by Assembly Member Irwin

February 17, 2022

An act to add Section 1418.22 to the Health and Safety Code, relating to skilled nursing facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 2511, as amended, Irwin. Skilled nursing facilities: backup power source.

Existing law provides for the licensure and regulation of health facilities, defined to include skilled nursing facilities, by the State Department of Public Health. The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the department to license, inspect, and regulate long-term health care facilities, including skilled nursing facilities. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the act, as specified. Existing regulations require a skilled nursing facility to have emergency planning, including an emergency lighting and power system.

This bill would require a skilled nursing facility to have an alternative source of power, as defined, to protect resident health and ~~safety~~ safety, as defined, for no fewer than 96 hours during any type of power outage. The bill would require a skilled nursing facility to comply with applicable state requirements for long-term care facilities, including, but not limited to, maintaining a safe temperature for residents and staff. The bill would impose specific compliance requirements based on whether a skilled nursing facility uses a generator as its alternative source of power, or batteries or a combination of batteries in tandem with a renewable electrical generation facility. The bill would require a facility to comply with its requirements by January 1, 2024. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 1418.22 is added to the Health and Safety Code, to read:

1418.22.

(a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during power outages that may result from a public safety power shutoff, an emergency, a natural disaster, or other cause.

(b) (1) A skilled nursing facility shall have an alternative source of power to protect resident health and safety for no fewer than 96 hours during any type of power outage.

(2) For purposes of this section, “alternative source of power” means a source of electricity that is not received through an electric utility, but is generated or stored onsite, which may include but is not limited to emergency generators using fuel, large capacity batteries, and renewable electrical generation facilities.

~~(c)Alternative sources of power shall comply with applicable state requirements for long-term care facilities, including, but not limited to, maintaining a safe temperature for residents and staff.~~
(c) For purposes of this section, “resident health and safety” includes, but is not limited to, maintaining a safe temperature for residents, maintaining availability of life-saving equipment, and maintaining availability of oxygen-generating devices.

(d) Facilities that use a generator as their alternative source of power shall maintain sufficient fuel onsite to maintain generator operation for no less than 96 hours or make arrangements for fuel delivery for an emergency event. If fuel is to be delivered during an emergency event, the facility shall ensure that fuel will be available with no delays.

(e) Facilities that use batteries or a combination of batteries in tandem with a renewable electrical generation facility as their alternative source of power, shall have sufficient storage or generation capacity to maintain operation for no fewer than 96 hours. Facilities shall also make arrangements for delivery of a generator and fuel in the event power is not restored within 96 hours and the generation capacity of the renewable electrical generation facility is unable provide sufficient power to comply with state requirements for long-term care facilities.

(f) A facility shall comply with the requirements of this section by January 1, 2024.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.