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A BILL TO BE ENTITLED
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AN ACT
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relating to power duration requirements in emergency contingency |
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plans adopted by end stage renal disease facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.017, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (f) to |
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read as follows: |
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(b) Unless the facility adopts a plan described by |
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Subsection (d) or (e), an end stage renal disease facility must |
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adopt an emergency contingency plan as required by Subsection (a) |
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under which the facility is required: |
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(1) to have an on-site emergency generator that: |
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(A) has a type 2 essential electrical |
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distribution system in accordance with the National Fire Protection |
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Association 99, Section 4.5, and the National Fire Protection |
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Association 110; |
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(B) is installed, tested, and maintained in |
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accordance with the National Fire Protection Association 99, |
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Section 4.5.4, and the National Fire Protection Association 110; |
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and |
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(C) is kept at all times not less than 10 feet |
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from the electrical transformer; |
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(2) except as provided by Subsection (c), to maintain: |
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(A) an on-site fuel source with sufficient [that |
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contains enough] fuel capacity to power the on-site generator for |
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not less than 72 [24] hours, as determined by the electrical load |
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demand on the emergency generator for that period; or |
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(B) an on-site battery-powered generator with |
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sufficient electrical capacity to power the facility for not less |
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than 72 hours; |
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(3) to maintain a sufficient quantity of potable water |
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on-site to operate the facility's water treatment system for not |
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less than 24 hours; and |
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(4) to maintain a water valve connection that allows |
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an outside vendor to provide potable water to operate the |
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facility's water treatment system. |
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(f) If an end stage renal disease facility determines it is |
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not feasible for the facility to install or maintain an on-site fuel |
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storage tank with capacity sufficient to store the fuel required |
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under Subsection (b)(2)(A), the facility must enter into an |
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agreement with a third party for the party to provide during a power |
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outage the fuel required for the facility to comply with that |
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subsection. |
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SECTION 2. Not later than December 1, 2025, each end stage |
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renal disease facility shall modify the facility's emergency |
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contingency plan as necessary to comply with Section 251.017(b), |
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Health and Safety Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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* * * * * |