Sec. 251.017.  EMERGENCY CONTINGENCY PLAN FOR POWER AND POTABLE WATER.  (a)  Each end stage renal disease facility shall adopt an emergency contingency plan for the continuity of essential building systems during an emergency.  A plan adopted by a facility under this subsection must meet the requirements described by Subsection (b), (d), or (e).
(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 an on-site fuel source that contains enough fuel capacity to power the on-site generator for not less than 24 hours, as determined by the electrical load demand on the emergency generator for that period;
(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.
(c)  An end stage renal disease facility that adopts an emergency contingency plan under Subsection (b) is not required to maintain an on-site fuel source described by Subsection (b)(2) if the facility's on-site emergency generator uses a vapor liquefied petroleum gas system with a dedicated fuel supply.
(d)  Unless the facility adopts a plan described by Subsection (b) 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 maintain sufficient resources to provide on demand or to execute a contract with an outside supplier or vendor to provide on demand:
(A)  a portable emergency generator that:
(i)  has an electrical transfer switch with a plug-in device to provide emergency power for patient care areas and complies with National Fire Protection Association 99, Section 4.5.2.2.2; and
(ii)  has a water valve connection that allows for the use of potable water to operate the facility's water treatment system;
(B)  an alternate power source for light, including battery-powered light, that:
(i)  is separate and independent from the normal electrical power source;
(ii)  is capable of providing light for not less than one and a half hours;
(iii)  is capable of providing a sufficient amount of light to allow for the safe evacuation of the building; and
(iv)  is maintained and tested not less than four times each year; and
(C)  potable water;
(2)  to implement the plan when the facility loses electrical power due to a natural or man-made event during which the electrical power may not be restored within 24 hours; and
(3)  to contact the outside supplier or vendor with which the facility contracts under Subdivision (1), if applicable, not later than 36 hours after the facility loses electrical power.
(e)  Unless the facility adopts a plan described by Subsection (b) or (d), an end stage renal disease facility must adopt an emergency contingency plan as required by Subsection (a) under which the facility is required to execute a contract with another end stage renal disease facility that is located within a 100-mile radius of the facility stipulating that the other end stage renal disease facility will provide emergency contingency care to the facility's patients.  The other end stage renal disease facility with which the facility contracts must have an alternate power source for light, including battery-powered light, that:
(1)  is separate and independent from the normal electrical power source;
(2)  is capable of providing light for not less than one and a half hours;
(3)  is capable of providing a sufficient amount of light to allow for the safe evacuation of the building; and
(4)  is maintained and tested not less than four times each year.
Added by Acts 2021, 87th Leg., R.S., Ch. 961 (S.B. 1876), Sec. 1, eff. September 1, 2021.