Being Prepared

Texas lawmakers push for generators at senior living facilities after Hurricane Beryl

Coastal lawmakers have filed at least six bills that would require emergency generators on site for senior facilities. Photo by Brandon Bell/Getty Images

When a storm hits the Texas coast during the summer hurricane season, state Sen. Borris Miles knows among the first calls he’ll get is from a constituent letting him know power is down at an independent living complex, shutting off air conditioning for older Texans.

“‘Senator! You got these people here,’“ he said, recalling a plea from a caller when Hurricane Beryl knocked out power to an assisted living facility last summer. “‘What are we going to do?’’’

Miles, D-Houston, is thankful for residents like these. But as the number of storms have increased, so has the frustration for southeast Texas lawmakers who want better solutions.

That’s why Miles and four other coastal lawmakers have filed at least six bills that would require nursing homes, assisted living facilities and even some apartments that market to the 55 and older set, to have emergency generators on site. In Texas, there are 1,193 nursing homes serving more than 86,000 patients and 2,004 assisted living facilities housing 49,574 residents.

Miles’ House Bill 732 would require certain low-income housing for seniors living independently to have backup power. In recent years, Miles has seen more of these facilities being built in Houston. Often living in multistory apartment buildings, residents of this type of housing do not receive care, so little information, including on their health conditions, are collected. But after a storm knocks out power, the vulnerable conditions of these residents surface, as some in wheelchairs and walkers become trapped in elevators that are inoperable, Miles said.

“We need to take care of people,” he said.

SB 481 from state Sen. Carol Alvarado, D-Houston, would require emergency plans at nursing homes and assisted living facilities to include generators. Nursing homes, which as the name suggests, offer more intense medical support to patients compared to assisted living facilities, which are senior apartments that provide meals and some assistance to its residents. HB 1199 by Rep. Christian Manuel, D-Beaumont, calls for emergency generators that have the capacity to run for a minimum of 72 hours in such facilities.

“Texans know firsthand the impact of being without power, particularly in elder care facilities where the stakes are incredibly high,” Manuel said in a statement.

Rep. Suleman Lalani, D-Sugar Land, has filed HB 1467 that would require nursing homes, assisted living and independent housing for seniors to have generators. Another one of his bills, HB 863, would create a shared database of where senior independent living communities are and include each complex’s emergency plan, which is required by the state for assisted living and nursing homes. The database would be accessible to emergency response officials.

“Things happen and then people make noise and then people go quiet,” he said, remarking on past failed attempts to get a generator bill passed. “I think I have a unique opportunity and responsibility being a physician…I cannot go back and say ‘Oh,’ I will let it go.”

History of generator bills and pushback

In this century alone, Texans have seen damage and death from hurricanes Rita in 2005, Ike in 2008, Harvey in 2017 and last July’s Beryl, not to mention more freak storms like Uri’s freeze in 2021 and last year’s wildfires in the Panhandle and a windstorm in the Houston area. All have taken the power down for hours, days and in the case of Beryl, weeks.

Former state Rep. Ed Thompson of Pearland became a champion for senior facility residents following a simple spring storm in 2018 that caused a power outage in his district.

After arriving to check on a nearby senior facility, he was stunned to find an ill-prepared staff. Residents had been in a hot and dark facility for hours. When he asked a worker about the facility’s emergency plan, he was incensed that it relied mostly on calling families to pick up their relatives or for those who had no family, just sending them to the local emergency rooms.

“That lit a fire in me,” he told the Tribune last week.

Calls for generators to be required equipment, particularly at assisted living facilities, are nothing new, but bills in the last two legislative sessions have died, including Thompson’s in 2023. His legislation stalled in committee after facing opposition from the nursing care and assisted living industries, which raised concerns, mostly about generator’ costs, which is estimated to be at least $200,000 or more for a facility.

That’s why this session, Rep. Ana Hernandez, D-Houston, has filed HB 2224 which would require backup power for elevators for 48 hours after a power loss. “A significant reduction in cost,” she said. Past bills that have failed, she said, have focused on keeping the entire facility powered.

“It is inhumane to leave an elderly person abandoned without electricity in temperatures over 100 degrees for days, or even weeks,” Hernandez said. “Not having at least one elevator poses a high safety risk of elderly people being trapped on upper-level floors, prohibiting residents from escaping a fire or seeking medical care.”

It’s not clear whether the smaller price tag on such a requirement will get the buy-in of the influential long-term care industry.

The Texas Health Care Association, now headed by former state Sen. Travis Clardy, represents most of the state’s nursing homes and he says his members already have generators but any blanket requirement for equipment that has to be purchased and maintained, perhaps once every few years, is a costly state mandate.

“I think our membership would prefer to be able to see that channeled into higher quality care,” Clardy said.

Requirements during a storm

When a storm heads for Texas, the state Health and Human Services Commission sends out emergency alerts to providers, putting them on notice that their emergency plans should be ready for use in case of a loss of power. The agency also contacts the facilities directly to check on the health and safety status of residents.

Last year, some 80 long-term care facilities were without power three days after Hurricane Beryl made landfall on July 8. According to the agency, both assisted living facilities and nursing homes are always responsible for the safety of residents including during a storm.

Emergency preparedness plans, which all assisted living and nursing home facilities must have, include a list of contacts workers will call in the event of a power outage and how they will evacuate residents if they need to do so.

Since 1996, state law has required all new nursing homes to have an emergency generator that powers safety features such as emergency lighting and exit signs, fire alarm systems, nurse call systems, telephones and medication and life-saving equipment. Assisted living facilities are not required to have a generator.

That said many assisted living facilities have some type of power back up to keep food or medications refrigerated. But cooling and heating all living areas is not something that has been explicitly required for assisted living facilities or nursing homes.

Since 2016, federal law requires generators in nursing homes in new and replacement nursing homes or for all nursing homes that have indicated in their emergency plans they would rely on emergency power to provide heating and cooling or other critical systems.

However, the agency does not regulate other types of housing such as independent, senior, or congregant living facilities. These entities do not hold a state license and are not required to report any information to the state health agency.

Carmen Tilton, vice president of public policy for the Texas Assisted Living Association said her industry has been a willing collaborative partner with lawmakers on the issue of requiring generators.

After Hurricane Harvey, her organization worked with the state to to hammer out a regulation that requires facilities to keep temperatures inside no colder than 68 degrees and no hotter than 82.

“The state doesn’t say you have to check a box,” she said.

The agency leaves it to industry to determine how they will meet that standard. It could be cooling one room inside a facility with fans and portable generators and bringing residents into that one room or if assisted living facilities wanted to purchase and maintain a larger generator, they can do so without the state determining the size, or how much fuel to keep on hand at all times.

That flexibility is what the assisted living industry wants to keep in place, Tilton said.

“We recognize that everyone’s set-up is a little bit different,” she said. “We’re not fighting these bills. We’re trying to find out how to make them work under our existing regulations.”

AARP Texas, which is advocating for generators in assisted living facilities, wants more clarity in law, not just in the administrative code. The code is too often and too easily changed, said Andrea Earl, an associate state director of advocacy and outreach at AARP Texas.

“There’s no assurances in law that healthy temperatures will be maintained at all times in the residential spaces of Texas’ long-term care facilities,” she said.

Some local governments are not waiting on the legislature to act. Earlier this month, Harris County announced it was incorporating into its fire code a requirement for generators for all nursing homes and assisted living facilities located in unincorporated areas.

There’s already been pushback.

“The new mandate is problematic in many ways and would needlessly require communities to reconfigure existing systems,” said Diana Martinez, the assisted living association’s president and CEO, in a statement. “Generators are not a one-time expenditure nor are they a panacea. Generators do fail.”

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This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.

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A View From HETI

TotalEnergies has agreed not to develop new offshore wind projects in the U.S. Photo via Unsplash

The Trump administration’s $1 billion payout to TotalEnergies to walk away from U.S. offshore wind development is a novel tactic against the industry that supporters see as creative — but opponents see as foolish and extreme.

The Interior Department announced March 23 that TotalEnergies agreed to what is essentially a refund of its leases for projects off the coasts of North Carolina and New York, and will invest the money in a liquefied natural gas export terminal in Texas and other fossil fuel projects instead. The department hailed it as an “innovative agreement” with the French energy giant so that the "American people will no longer pay for ideological subsidies that benefited only the unreliable and costly offshore wind industry.”

The tactical shift comes after federal courts have thwarted President Donald Trump's efforts to stop offshore wind through executive action.

U.S. Sen. Chuck Schumer, a New York Democrat, told The Associated Press that the payment “sets a dangerous precedent and is a shortsighted misuse of taxpayer dollars.”

Robin Shaffer, president of the anti-offshore wind group Protect Our Coast New Jersey, applauded what he called “out of the box” thinking. Shaffer said after losing in the courts, the administration needed a way to take back leases that never should have been issued because of the harm offshore wind development causes to the marine environment.

“The Trump administration has been relentlessly creative in its efforts to stop offshore wind development in the U.S.," he said.

While the Republican president has been particularly hostile to offshore wind, he has also blocked dozens of clean energy projects and canceled billions of dollars in grants to promote clean energy, which he derides as the “Green New Scam.” This comes at a time when the U.S. is trying to boost power supplies in an artificial intelligence race against China and keep electricity bills from rising even higher.

The Iran war has also dealt a massive energy shock to the global economy by choking off most exports of crude oil and liquefied natural gas through the Strait of Hormuz.

A vow to stop offshore wind

On the campaign trail, Trump vowed to end the offshore wind industry as soon as he returned to the White House. Trump said wind turbines are horrible and expensive and pose a threat to birds and other wildlife.

Connecticut is getting power from Revolution Wind, an offshore wind project, and estimates it will lower wholesale energy costs for the state. The National Audubon Society, which is dedicated to the conservation of birds, has said climate change is a greater threat to birds.

Trump has long opposed offshore wind energy. In 2015, he lost his yearslong battle to stop an offshore wind farm near Aberdeen in eastern Scotland when Britain’s Supreme Court unanimously ruled against him. Trump claimed the 11 turbines would spoil the view from his golf course.

He wants to boost production of oil, natural gas and coal, which cause climate change, because he argues that doing so would give the U.S. the lowest-cost energy and electricity of any nation in the world.

His first day back in office, he acted on his campaign promise, signing an executive order temporarily halting offshore wind lease sales in federal waters and pausing permitting for all wind projects.

The deal comes after the administration is thwarted by the courts

U.S. District Judge Patti Saris vacated Trump’s executive order blocking wind energy projects on Dec. 8, declaring it unlawful as she sided with state attorneys general from 17 states and Washington, D.C., who challenged the order. The administration is appealing.

Two weeks later, the administration ordered that construction stop on five major East Coast offshore wind projects, citing national security concerns. Developers and states sued, and federal judges allowed all five to resume construction, essentially concluding that the government didn't show that the national security risk was so imminent that construction must halt.

TotalEnergies wasn't one of those; it had already paused its two projects soon after Trump was elected. And the company has now pledged not to develop any new offshore wind projects in the United States. CEO Patrick Pouyanné said the refunded lease fees will finance the construction of a liquefied natural gas plant in Texas and the development of its oil and gas activities, calling it a “more efficient use of capital” in the U.S.

Kit Kennedy, who directs the power division at the Natural Resources Defense Council, said the proposed payment to TotalEnergies was a “boondoggle” that “transfers nearly $1 billion from American taxpayers to a foreign corporation and the oil and gas industry.”

Why is the U.S. using taxpayer dollars “to not develop power when we need energy?” she asked, calling the Trump administration deal a “scam” and harmful to the U.S. economy and environment.

Carl Tobias, a University of Richmond Law School professor who has been following the lawsuits, called it “unorthodox.”

Democrats criticize stopping offshore wind when energy prices are spiking

As crude oil and gasoline prices surge, Democrats in Virginia said the U.S. should be strengthening its energy independence and resilience. Virginia started receiving power on March 23 from an offshore wind project targeted by Trump.

“Giving an energy company $1 billion of taxpayer money to pack up its jobs and invest elsewhere — in the middle of an unpopular and unwise war that is spiking energy costs — is beyond idiotic,” U.S. Sen. Tim Kaine said in a statement to AP.

U.S. Rep. Chellie Pingree, a Maine Democrat, questioned whether the payout is legal under appropriations law and said she would question Interior Secretary Doug Burgum about it at the upcoming budget hearings.

Dozens of commercial leases issued by the Bureau of Ocean Energy Management remain active for wind energy development in the U.S.

Abigail Dillen, president of Earthjustice, said she wouldn't attempt to guess whether the Trump administration will pay to stop any others, but clearly it is willing to go to extreme measures.

“Will they do this again? Maybe,” she said.

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