Texas and Harris County Backup Power Requirements for Nursing Homes and Assisted Living Facilities

Why Texas Is Overhauling Backup Power Rules for Senior Care Facilities

Texas has historically left backup power decisions for assisted living facilities largely to individual operators. That changed after the devastating one-two punch of the May 2024 derecho and Hurricane Beryl in July 2024, which left more than 2 million households and businesses without power during triple-digit heat. Fourteen nursing homes and thirty assisted living facilities in the Houston area lost power, and seniors experienced significantly higher death rates in the aftermath.

The regulatory response has come from two directions simultaneously: Harris County enacted the first county-level backup power mandate in Texas through an amendment to its fire code, and the Texas Legislature passed House Bill 3595 establishing statewide requirements for climate-controlled areas of refuge.

This guide explains what both mandates require, who they apply to, the compliance timelines facility managers must meet, and the practical steps for sizing, fueling, and funding a backup power system that satisfies both the county and state obligations.

Harris County Fire Code Amendment: Section 1203.2.21

Harris County amended its Fire Code to add Section 1203.2.21, requiring secondary (backup) power for assisted living facilities classified as Group I-1 and nursing homes classified as Group I-2 in the unincorporated areas of the county. This is the most stringent backup power requirement for senior care facilities in Texas.

Compliance Deadline

All affected facilities must be in compliance by January 1, 2026.

Systems That Must Be Powered

The Harris County mandate goes well beyond traditional emergency generator requirements. Backup power must simultaneously support all of the following:

• HVAC systems for all areas occupied by residents or patients
• Fire alarm systems and fire pump equipment
• Emergency exit and egress lighting
• Electrically operated locks and power-operated doors
• Smoke control and management systems
• Emergency responder communication systems
• Food and medication refrigeration
• Potable water booster pumps (buildings of three or more stories)
• Elevators in the path of egress (buildings of four or more stories)

Runtime Requirement

The code references NFPA 110 Level 1 standards for emergency power supply systems. Under these standards, the emergency power supply must be capable of approximately 96 hours of continuous operation under full load conditions. This means facilities must maintain enough on-site fuel to run their backup systems for four full days without resupply.

Fuel Storage Implications

A typical assisted living facility requiring a 150 kW generator running for 96 hours at full load will consume approximately 800 gallons of diesel fuel. Most facilities will need 750 to 1,000 gallons of on-site fuel storage to meet the runtime requirement with an adequate safety margin.

Fuel storage at this scale triggers additional compliance considerations:

• NFPA 30 requirements for flammable and combustible liquid storage
• EPA Spill Prevention, Control, and Countermeasure (SPCC) plans for facilities storing more than 1,320 gallons in above-ground containers
• Local fire code setback requirements for fuel tank placement relative to buildings and property lines
• Secondary containment provisions to prevent environmental contamination

Alternative Compliance Path

Harris County does allow an alternative to permanent on-site generators. Facilities may submit a mobile power supply plan demonstrating that a mobile generator can be delivered, connected, and operational within three hours of losing utility power. However, this approach carries significant risk during widespread outages when mobile generators may be in high demand and delivery timeframes cannot be guaranteed.

Texas House Bill 3595: Statewide Requirements

While Harris County acted at the local level, the Texas Legislature passed House Bill 3595 establishing statewide backup power requirements for nursing facilities and assisted living facilities. The state law takes a different approach than Harris County but establishes a baseline that applies across all 254 Texas counties.

What HB 3595 Requires

The law mandates that each resident must have access to a climate-controlled area of refuge with the following specifications:

• Minimum 15 square feet per resident of climate-controlled space
• Temperature maintained between 68 and 82 degrees Fahrenheit during a power outage
• Bedfast residents must have dedicated climate-controlled rooms rather than shared refuge areas
• Facilities must develop and maintain a written backup power plan

Compliance Deadlines

HB 3595 establishes a two-phase compliance timeline:

• End of 2025: All affected facilities must have a written backup power plan on file
• End of 2026: Climate-controlled area of refuge must be fully implemented and operational

Technology Flexibility

Unlike the Harris County mandate, HB 3595 is technology-agnostic. Facilities may comply using any combination of:

• Traditional diesel or natural gas generators
• Fuel cells
• Battery energy storage systems (BESS)
• Mobile power supplies
• Solar-plus-storage systems

This flexibility allows facilities in different regions of Texas to choose the solution that best fits their budget, site constraints, and local fuel availability.

Sizing a Generator for HVAC-Inclusive Backup Power

Adding HVAC to the backup power load fundamentally changes the generator sizing calculation. Most existing emergency generators at senior care facilities were sized only for life-safety loads such as lighting, fire alarm panels, and nurse call systems, which typically require 25 to 75 kW. Adding HVAC increases the required capacity by a factor of three to five or more.

Load Estimation by Facility Size

The following estimates assume a mixed cooling and heating load in the Gulf Coast climate:

Small facility (20-40 beds): 75 to 150 kW generator capacity, consuming approximately 400 to 800 gallons of diesel over 96 hours

Mid-size facility (40-80 beds): 150 to 300 kW generator capacity, consuming approximately 800 to 1,600 gallons of diesel over 96 hours

Large facility (80-120 beds): 300 to 500 kW generator capacity, consuming approximately 1,600 to 2,700 gallons of diesel over 96 hours

Key Sizing Considerations

Several factors specific to senior care facilities affect generator sizing:

• Motor starting loads: HVAC compressors draw 3 to 6 times their running current during startup. The generator must handle these inrush currents without voltage sag that could trip other connected equipment.
• Simultaneous loads: The mandate requires powering HVAC, refrigeration, lighting, fire systems, and elevators simultaneously. The generator must be sized for the peak combined draw.
• Altitude and temperature derating: Generators produce less power at higher altitudes and ambient temperatures. In Texas, high summer temperatures can reduce rated output by 5 to 10 percent.
• Future load growth: Adding beds, upgrading HVAC equipment, or expanding the facility all increase power requirements. Consider sizing the generator 15 to 20 percent above current calculated loads.

Fuel Type Comparison for Senior Care Facilities

The choice of fuel type has long-term implications for operating cost, maintenance burden, and regulatory compliance.

Diesel

Diesel generators offer the highest power density per dollar and operate independently of utility infrastructure. They are the most common choice for emergency backup and the most straightforward path to compliance. However, they require significant on-site fuel storage, periodic fuel polishing and testing, and are subject to EPA emissions regulations. Facilities storing more than 1,320 gallons above ground must file SPCC plans.

Natural Gas

Natural gas generators connect to the utility gas pipeline and can run indefinitely without on-site fuel storage. They produce lower emissions than diesel and face fewer environmental regulations. However, they depend on gas pipeline integrity, which can be compromised during seismic events or widespread natural disasters. In Houston, natural gas service remained largely intact during Hurricane Beryl, making this option attractive for Harris County facilities.

Propane (LPG)

Propane generators offer a middle ground: on-site fuel storage without the fuel degradation issues of diesel. Propane has an indefinite shelf life, eliminates the need for fuel polishing, and produces lower emissions. However, propane has a lower energy density than diesel, requiring larger storage tanks for the same runtime. A 96-hour runtime on propane may require 1,500 to 2,000 gallons of storage depending on generator size.

Funding and Financial Assistance

The capital cost of adding a generator system with HVAC capacity ranges from $150,000 to $500,000 or more depending on facility size and site conditions. Several programs can offset these costs.

Texas Backup Power Package Program (TBPP)

The TBPP provides grants of up to $500 per kilowatt for qualifying assisted living facilities. Projects must incorporate renewable energy components such as solar panels and battery storage alongside the generator to qualify. This program is particularly well-suited for facilities pursuing a hybrid solution that combines a smaller generator with battery backup and solar generation.

USDA Rural Energy for America Program (REAP)

The REAP grant covers 25 to 50 percent of eligible energy project costs for qualifying small rural businesses, which includes many assisted living facilities outside metropolitan areas. The program funds both renewable energy systems and energy efficiency improvements, making it possible to bundle generator installation with building envelope upgrades that reduce the overall backup power requirement.

SBA 504 Green Loans

The Small Business Administration's 504 Green Loan program offers favorable financing terms for energy-related capital improvements. Facilities can finance generator systems with longer repayment terms and lower down payments than conventional commercial loans.

Resilience-as-a-Service

Some power system providers offer turnkey resilience solutions structured as service agreements rather than capital purchases. Under these arrangements, the provider installs, owns, and maintains the generator system while the facility pays a monthly fee over a 10 to 20 year term. This approach eliminates upfront capital requirements but results in higher total cost over the life of the equipment.

Compliance Timeline and Action Steps

Facility managers in Harris County face the most aggressive timeline and should prioritize the following sequence of actions.

Immediate Actions (Now)

1. Conduct a professional electrical load analysis that includes full HVAC loads for all resident-occupied spaces
2. Assess current generator capacity against the new requirements to determine the gap
3. Review site constraints for generator placement, fuel storage, and utility connections
4. Engage a licensed electrical engineer to develop preliminary specifications
5. Begin the permitting process with Harris County for generator installation and fuel storage

By Mid-2025

6. Select a generator system and fuel type based on load analysis results and site constraints
7. Apply for available grants and financing through TBPP, REAP, or SBA programs
8. Develop the written backup power plan required by HB 3595

By January 1, 2026 (Harris County Deadline)

9. Complete generator installation and commissioning
10. Verify compliance with all Harris County Fire Code Section 1203.2.21 requirements
11. Establish a fuel management program including delivery contracts and fuel quality testing
12. Document the system including as-built drawings, maintenance procedures, and emergency operating instructions

By End of 2026 (State Deadline)

13. Ensure climate-controlled area of refuge meets HB 3595 temperature and space requirements
14. File compliance documentation with the Texas Health and Human Services Commission

What This Means for Generator Service Providers

The Harris County mandate and HB 3595 together create substantial demand for generator sales, installation, and ongoing maintenance across Texas. Facilities that previously operated without backup power or with undersized generators must now invest in systems capable of carrying full HVAC loads for extended periods.

Service providers should anticipate increased demand for:

• Professional load analysis and engineering services
• Generator systems in the 100 to 500 kW range with extended fuel storage
• Automatic transfer switch upgrades to handle larger loads
• Preventive maintenance contracts that satisfy NFPA 110 requirements
• Fuel management services including delivery contracts and fuel polishing
• Emergency response agreements for mobile power during generator downtime