New Jersey-2014-A1470-Introduced

An Act concerning the use of standby emergency power generators by certain community residential facilities and supplementing Title 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 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) that is operated by a nonprofit agency, organization, or other entity whose property is exempt from taxation under R.S.54:4-3.6.

"Standby emergency power generator" means a natural gas or liquid gas propane fuel powered generator that is permanently connected to the electrical system of a community residence for the developmentally disabled.

b. (1) A community residence for the developmentally disabled, which provides care for persons with developmental disabilities 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, which provides care for persons with 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.

c. The utility providing power to the community residence for the developmentally disabled shall be responsible for the cost of acquiring and installing the standby emergency power generator.

d. An agency, organization, or other entity operating a community residence for the developmentally disabled shall be responsible for the cost of maintaining its standby emergency power generator and shall ensure that the generator is checked, tested, and serviced in accordance with generally accepted engineering practices as prescribed by regulation of the Commissioner of Human Services.

2. 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 this act.

3. This act shall take effect on the first day of the fourth month next following the date of enactment, but the Commissioner of 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 nonprofit community residences for the developmentally disabled, which are sponsored by the Department of Human Services, and the standby emergency power generator required would be a natural gas or liquid gas propane fuel powered generator that is permanently connected to the electrical system of the community residence.

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.

The bill requires the utility providing power to the community residence to be responsible for the cost of acquiring and installing the generator.

In addition, the bill provides that the agency, organization, or other entity operating the community residence is responsible for the cost of maintaining its generator and is to ensure that the generator is 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 Commissioner of Human Services to take prior administrative action as necessary for its implementation.