EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 16. ECONOMIC REGULATION PART I. Railroad Commission of Texas CHAPTER 7.Gas Utilities Division Substantive Rules 16 TAC sec.7.74 The Railroad Commission of Texas adopts new sec.7.74, relating to school piping testing, on an emergency basis. This emergency rule is effective immediately for no more than 120 days after filing with the secretary of state. New sec.7.74 is necessary to effectively implement the requirements of House Bill 1611 (H.B. 1611), enacted by the 75th legislature and effective June 20, 1997. HB 1611 mandates biennial testing of piping in schools that operate year round, and requires the testing to be completed by July 1. Without this emergency rule which establishes procedures by which such inspections are to be conducted, there is an imminent peril to the public safety of students and personnel in such schools. The emergency rule requires operators that supply natural gas to public school districts, private schools, or parochial schools to receive notification regarding pressure testing performed by these schools and take action as further specified. The Commission does not simultaneously propose this new rule for adoption through regular rulemaking procedures. Rather, the Commission wishes to develop a permanent rule for adoption by working with operators and schools and giving them opportunity to comment. Drafting a proposal for permanent adoption will begin soon. The new section is adopted on an emergency basis under the Texas Civil Statutes, Article 6053-2a, which authorizes the Commission to adopt rules relating to pressure testing of school piping. sec.7.74.School Piping Testing. All operators that supply natural gas to public school districts, private schools, or parochial schools are required to receive notifications regarding pressure testing performed by these schools and take action as necessary. (1) Testing. The testing shall be a pressure test or shut-in test to determine if the school piping in each school building where students may be present will hold at least normal operating pressure over a time interval of no less than two hours. If a municipal code is in effect regarding pressure testing, the testing performed under the municipal code will be accepted. (2) Frequency. Operators are required to receive notice from the schools of their testing at two-year intervals. For year-round schools, notice is to be given by July 1 of the year the testing is performed. (3) Procedures. Operators are required to develop procedures for: (A) receiving notification from the school districts regarding location of facilities supplied with natural gas; (B) terminating service in the event that: (i) testing is not completed in the two-year time interval; (ii) a hazardous leak is reported by the person conducting the testing; or (iii) a hazardous leak is reported by the school board of trustees. (C) providing for special circumstances for: (i) receiving written notification from the school or school district that the school or school district is not able to perform tests before the beginning of the designated school year; and (ii) receiving notification from the Commission regarding noninterruption of service. (4) Records. All operators are required to maintain a listing of the schools that are supplied natural gas and the results of each test for at least two years. Issued in Austin, Texas, on June 24, 1997. TRD-9708218 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 24, 1997 Expiration date: October 22, 1997 For further information, please call: (512) 463-7008