---
title: SB 449. Regulation of Hospitals; certain long-term care facilities to acquire and maintain sufficient emergency and standby power systems; require
collection: bills
id: 2025-2026/sb449
cite_as: SB 449, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb449
md_url: https://georgiacommons.org/bills/2025-2026/sb449.md
text_url: https://georgiacommons.org/bills/2025-2026/sb449/text
source_url: https://www.legis.ga.gov/legislation/72708
date: 2026-02-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb449.md?full=1
bill_number: SB 449
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-02-02
last_action: Senate Read and Referred
sponsors:
- Derek Mallow
- Jaha Howard
- Kim Jackson
- RaShaun Kemp
- Ed Harbison
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB449/2025
upstream_id: 2104347
summaries_model: claude-sonnet-5
topic_tags:
- long-term care facilities
- emergency preparedness
- nursing home regulation
- rural health care
- backup power requirements
---
# SB 449. Regulation of Hospitals; certain long-term care facilities to acquire and maintain sufficient emergency and standby power systems; require
## Text
Senate Bill 449
By: Senators Mallow of the 2nd, Howard of the 35th, Jackson of the 41st, Kemp of the 38th
and Harbison of the 15th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated,
relating to regulation of hospitals and related institutions, so as to require certain long-term
care facilities to acquire and maintain sufficient emergency and standby power systems to
ensure the provision of certain care and services for residents at such facilities; to provide for
definitions; to provide for the Department of Community Health and the office of Safety Fire
Commissioner to coordinate inspection and enforcement; to provide for a grant program; to
provide priority to rural counties; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to
regulation of hospitals and related institutions, is amended in Code Section 31-7-3, relating
to requirements for permits to operate institutions, by adding new subsections to read as
follows:
"(e)(1) As used in of this Code section, the term:
(A) 'Emergency and standby power system' means:
(i) An on-site operational backup generator and an on-site supply of fuel sufficient
to sustain such generator; or
(ii) An alternate power source approved by the department by rule or regulation.
(B) 'Long-term care facility' means any skilled nursing home, intermediate care home,
assisted living community, or personal care home subject to regulation and licensure
by the department that uses a building that is two or more stories in height as a
residence for persons receiving care at such facility and has a minimum of 25 beds.
(C) 'Rural county' means a county in this state that has a population of less than 50,000
according to the United States decennial census of 2020 or any future such census;
provided, however, that, for counties which contain a military base or installation, the
military personnel and their dependents living in such county shall be excluded from
the total population of such county for purposes of this definition.
(2) On and after January 1, 2027, the department shall require any long-term care facility
to acquire and maintain an emergency and standby power system sufficient to ensure
continuity of operation for not less than 96 hours, including, but not limited to, providing
power to safe egress, emergency lighting, life support equipment, and temperature control
for the protection of resident health and safety.
(3) The department and the office of Safety Fire Commissioner shall coordinate
inspection and enforcement to ensure compliance with the provisions of this subsection.
(f) Subject to appropriations by the General Assembly or other available funding, the
department shall establish a grant program to provide funding to long-term care facilities
for the purpose of acquiring, installing, or both acquiring and installing emergency and
standby power systems to ensure compliance with the provisions of subsection (e) of this
Code section. The department, in consultation with the office of Safety Fire
Commissioner, shall establish grant criteria and make award decisions; provided, however,
that, to the greatest extent possible, priority shall be given to applications for long-term
care facilities located in rural counties. The department shall be authorized to establish the
grant amount awarded to each recipient on a case-by-case basis."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would require certain long-term care facilities with two or more stories and at least 25 beds to install backup power systems that can run for 96 hours, with state grants to help pay for it.
### Plain-language summary
Georgia law currently does not require nursing homes, assisted living communities, and similar long-term care facilities to have backup power systems that can keep residents safe for an extended outage. This bill changes that by amending the state's hospital and institution regulation law (O.C.G.A. § 31-7-3).
Starting January 1, 2027, covered long-term care facilities, meaning multi-story buildings with at least 25 beds used to house residents receiving care, would have to acquire and maintain an emergency and standby power system able to keep the facility running for at least 96 hours, covering things like safe evacuation routes, emergency lighting, life support equipment, and temperature control. The Department of Community Health and the office of the Safety Fire Commissioner would jointly inspect facilities and enforce the rule. The bill also creates a grant program, subject to funding from the General Assembly, to help facilities pay for these systems, with priority given to facilities in rural counties (those under 50,000 people by the 2020 census, excluding military personnel). The law would take effect as soon as the Governor signs it.
### What it does
- Requires long-term care facilities that are two or more stories tall with at least 25 beds to have a backup power system by January 1, 2027.
- Defines an emergency and standby power system as an on-site generator with enough fuel, or another power source approved by the Department of Community Health.
- Sets a minimum standard that backup power must sustain operations for at least 96 hours, covering egress, emergency lighting, life support equipment, and temperature control.
- Directs the Department of Community Health and the office of the Safety Fire Commissioner to jointly inspect facilities and enforce the new requirement.
- Creates a grant program, dependent on state funding, to help facilities pay for buying and installing these power systems, prioritizing rural counties.
- Lets the department decide grant amounts for each facility individually rather than using a fixed formula.
### Who it affects
Long-term care facilities such as skilled nursing homes, intermediate care homes, assisted living communities, and personal care homes with multi-story buildings and 25 or more beds; their residents and staff; the Department of Community Health; and the office of the Safety Fire Commissioner, which would help enforce the rule.
### Why it matters
Residents of larger, multi-story long-term care facilities would gain a guaranteed 96 hours of backup power during outages, which could affect safety during storms or other emergencies. Facilities would face new compliance costs, though the bill offers grant funding, especially for rural facilities, to offset them.
### Key provisions
- Amends O.C.G.A. § 31-7-3 to add new subsections (e) and (f) covering emergency power requirements and a grant program.
- Subsection (e)(1) defines 'emergency and standby power system,' 'long-term care facility' (two or more stories, at least 25 beds), and 'rural county' (population under 50,000 per the 2020 census, excluding military personnel).
- Subsection (e)(2) requires covered facilities, starting January 1, 2027, to maintain backup power for at least 96 hours covering egress, lighting, life support, and temperature control.
- Subsection (e)(3) requires the Department of Community Health and the office of the Safety Fire Commissioner to coordinate inspections and enforcement.
- Subsection (f) creates a grant program, subject to legislative funding, for facilities to acquire or install these power systems, with priority for rural counties.
- Section 2 states the law takes effect immediately upon the Governor's signature or becoming law without signature.
## Status
- Status: Introduced (2026-02-02)
- Last action: Senate Read and Referred (2026-02-03)
- Sponsors: Derek Mallow, Jaha Howard, Kim Jackson, RaShaun Kemp, Ed Harbison
- Official page: https://www.legis.ga.gov/legislation/72708
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb449.md?full=1