HBA-SEB H.B. 3476 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3476 By: Averitt Energy Resources 4/5/1999 Introduced BACKGROUND AND PURPOSE Currently, public school facilities are required to test natural gas systems for the proper pressure. During the two years of the implementation of the natural gas pressure test, approximately 53 percent of school districts have reported at least one school that has failed the test. No such requirement is in place for testing a liquefied petroleum gas system (LPG system) in a school facility. Approximately 694 school facilities in 239 school districts have installed an LPG system. H.B. 3476 requires public and private schools to perform an LPG leak test in accordance with the specifications of the National Fire Protection Association. It places the Railroad Commission of Texas in charge of enforcing the requirement and sets forth actions required to be taken upon a school facility's failure of an LPG leak test. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Railroad Commission of Texas in SECTION 1 (Section 113.054, Natural Resources Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 113, Natural Resources Code, by adding Section 113.054, as follows: Sec. 113.054. TESTING OF LPG SYSTEMS IN SCHOOL FACILITIES. (a) Requires each school to conduct a leak test on the liquefied petroleum gas system (LPG system) in each school facility at least every two years and before the beginning of the school year. Authorizes the testing to be performed on a two-year cycle under which approximately onehalf of the facilities are tested each year. Requires a leak test to be conducted and reported by July 1 of the year in which the test is performed if the school operates one or more facilities on a year-round calendar. Defines "school facility" for the purposes of this section. (b) Requires the leak test to determine whether the LPG system holds at least the pressure as specified in National Fire Protection Association (NFPA) 54, National Fuel Case Code. (c) Requires the leak test to be conducted in accordance with NFPA 54. (d) Requires each school, within ten calendar days after completion of a leak test, to provide written notice to the school's LPG supplier and to the governing authority of a school facility at which the leak test is conducted. Requires the written notice to specify the date and result of each leak test and, in the event a leak is detected, the corrective action taken to eliminate the leak. Requires the school to also provide such written notice to any other LPG supplier used by the school before delivery of the LPG. (e) Requires the supplier to maintain a copy of the notice for two years after the date on which the supplier received the notice. (f) Requires the LPG supplier to terminate service to a school facility if the supplier receives official notification from the person conducting the leak test that there is a leak in the facility piping system or if the school fails to perform a leask test at the facility. (g) Defines "supplier." (h) Requires the Railroad Commission of Texas (commission) to assist a school in certifying a school district employee to conduct the necessary leak test if requested by the school. (i) Authorizes the commission to adopt rules necessary to administer and enforce this section. (j) Requires the commission to enforce this section. Provides that the commission is given jurisdiction over schools for the purpose of ensuring compliance with the requirements of this section. SECTION 2. Requires a school to conduct leak tests as soon as practicable after the beginning of the 2000-2001 school year if the school is unable to do so by that time, notwithstanding Section 113.054, Natural Resources Code. Prohibits a supplier of LPG from terminating service to a school facility if the school gives written notice to the supplier before the beginning of the 2000-2001 school year that the school is not able to perform the tests before the beginning of the school year or if the commission orders the supplier not to terminate the service. SECTION 3.Emergency clause. Effective date: upon passage.