New Jersey § 26:2h-12

§ 26:2h-12.

a. As used in this section: “ Commissioner ” means the Commissioner of Community Affairs; “ Department ” means the Department of Community Affairs; “ Distributed Energy Resource ” or “ DER ” means an energy efficient technology, approved by the Energy Resilience Bank, capable

of supporting emergency operations in a facility during a prolonged electrical outage; “ Energy Resilience Bank ” or “ ERB ” means the financing initiative administered through a joint collaboration by the

New Jersey Board of Public Utilities and the New Jersey Economic Development Authority

to provide grant or loan funding to facilities that meet specified requirements established

by the ERB to aid in the cost of the installation; “ Facility ” means a nursing home or assisted living facility licensed pursuant to P.L.1971 c.

136 ( C.26:2H-1 et seq. ), a comprehensive personal care home, pediatric community transitional home, federally

qualified health center, dialysis center, hospice in-patient care, or residential

health care facility connected to another licensed facility; “ Generator ” means an emergency power generator that is integrated with the electrical system

of the facility; “ Generator ready ” means equipped with an appropriate electrical transfer switch and wiring to which

a portable generator can be connected in order to provide back-up electrical power;

and “ Health Care Plan Review Unit ” means the Health Care Plan Review Unit, or its successor, in the Department of Community

Affairs. b. Within one year of the effective date of this act, a facility shall: (1) be equipped with an electrical transfer switch and wiring that complies with applicable

standards administered by the Health Care Plan Review Unit and have a signed contract

to have a generator delivered to the facility in the event of a power outage that: (a) can be connected to the electrical transfer switch; (b) provides backup electrical power that meets the requirements of subsection c.

of this section; and (c) complies with applicable standards administered by the Health Care Plan Review

Unit; or (2) have a signed contract to have an on-site generator installed at the facility

within three years of the effective date of this act that: (a) provides backup electrical power that meets the requirements of subsection c.

of this section in the event of a power outage; and (b) complies with applicable standards administered by the Health Care Plan Review

Unit. c. The generator or generator connection shall be capable of supporting the following

for a minimum of 48 hours: (1) critical life support equipment; (2) refrigeration for medications and at least one refrigerator for perishable food; (3) lighting for means of egress, exit signs, and exit directional signs as required

in the NFPA 101, Life Safety Code, 2012 Edition; (4) emergency lighting in common areas; (5) equipment necessary for maintaining back-up communications; (6) elevator service if required for the relocation of patients or residents within

the facility or evacuation from the facility; (7) a fire pump, well pump, or sump pump, if installed; (8) a sewerage pump, if installed; (9) fire, smoke and other safety detection alarm systems; and (10) emergency lighting and power required for the generator at the generator connection

point. d. If the generator or generator connection does not provide sufficient lighting,

heating, cooling and duplex receptacles to provide required services in individual

sleeping rooms occupied by a patient or resident, it shall support: (1) sufficient duplex receptacles to provide required services in common areas used

to shelter patients or residents in place; and (2) equipment to provide sufficient heating and cooling in common areas used to shelter

patients or residents in place; or (3) sufficient heating and cooling in common areas adjacent to patient or resident

rooms along with sufficient duplex receptacles in patient or resident rooms to shelter

in place and provide required services to patients or residents. e. The facility shall obtain the review and approval of the Health Care Plan Review

Unit for the installation of the contracted-for transfer switch and generator. f. A facility that elects to proceed with an on-site generator shall have the on-site

generator: (1) checked weekly; (2) tested under load monthly; and (3) serviced in accordance with manufacturer instructions. The facility shall maintain a log of the testing and service required by this subsection

and shall provide the log to the department upon request. g. The commissioner or his or her designee may waive the transfer switch or on-site

generator requirement if, in his or her opinion, such waiver would not endanger the

life, safety, or health of residents, patients or the public and the following conditions

are met: (1) the facility seeking a waiver has applied in writing to the department's Division

of Certificate of Need and Licensing with the following information: (a) a statement from the facility indicating that it has applied for an ERB grant

or loan for the installation of a DER energy source and the estimated date that ERB

will issue a determination approving or denying the application, or written assurance

from the facility of alternative means of financing the DER energy source; (b) a statement describing the DER energy source, the facility equipment and services

the DER energy source can support, and the duration of time that the equipment and

services will be supported; and (c) if the facility is seeking an ERB grant or loan, a copy of the completed application

submitted to the ERB. (2) the facility shall supplement the waiver application by submitting a copy of: (a) the ERB's determination letter to the department's Division of Certificate of

Need and Licensing upon the facility's receipt thereof; or (b) written confirmation of alternative means of financing. h. The commissioner or his or her designee may request additional information before

processing the request for a waiver. i. If the commissioner or his or her designee denies a DER waiver application, the

facility shall comply with the transfer switch or on-site generator requirement within

one year from the date of the denial of the DER waiver. j. A waiver request submitted for reasons other than installation of a DER energy

source shall comply with N.J.A.C. 8:43E-5.6 .