Bill Text: IA HF2375 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act specifying procedures applicable to claims asserting stray electric current or voltage. (Formerly HSB 558)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-04-10 - Amendment H-8433 filed. H.J. 794. [HF2375 Detail]
Download: Iowa-2011-HF2375-Introduced.html
House
File
2375
-
Introduced
HOUSE
FILE
2375
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
558)
A
BILL
FOR
An
Act
specifying
procedures
applicable
to
claims
asserting
1
stray
electric
current
or
voltage.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5428HV
(4)
84
rn/nh
H.F.
2375
Section
1.
NEW
SECTION
.
476D.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Stray
2
Current
and
Voltage
Remediation
Act”
.
3
Sec.
2.
NEW
SECTION
.
476D.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Board”
means
the
utilities
board
within
the
utilities
7
division
of
the
department
of
commerce.
8
2.
“Cow
contact
points”
means
any
two
electrically
9
conductive
points
which
a
dairy
cow
may,
in
its
normal
10
environment,
unavoidably
and
simultaneously
contact.
11
3.
“Dairy
producer”
means
any
person
or
entity
that
owns
or
12
operates
a
dairy
farm
or
that
owns
cows
that
do
or
are
intended
13
to
produce
milk.
14
4.
“Preventive
action
level”
is
stray
current
or
voltage
15
constituting
either
of
the
following:
16
a.
A
steady-state,
root
mean
square
alternating
current
17
of
two
milliamp
or
more
through
a
five
hundred
ohm
resistor
18
connected
between
cow
contact
points,
as
measured
by
a
true
19
root
mean
square
meter.
20
b.
A
steady-state,
root
mean
square
alternating
current
21
voltage
of
one
volt
or
more,
across
or
in
parallel
with
a
five
22
hundred
ohm
resistor
connected
between
cow
contact
points,
as
23
measured
by
a
true
root
mean
square
meter.
24
5.
“Steady-state”
means
the
value
of
a
current
or
voltage
25
after
an
amount
of
time
where
all
transients
have
decayed
to
a
26
negligible
value.
27
6.
“Stray
current
or
voltage”
means
either
of
the
following:
28
a.
Any
steady-state,
sixty
hertz,
including
harmonics
29
thereof,
root
mean
square
alternating
current
of
less
than
30
twenty
milliamp
through
a
five
hundred
ohm
resistor
connected
31
between
cow
contact
points,
as
measured
by
a
true
root
mean
32
square
meter.
33
b.
Any
steady-state,
sixty
hertz,
including
harmonics
34
thereof,
root
mean
square
alternating
current
voltage
of
less
35
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than
ten
volts,
across
or
in
parallel
with
a
five
hundred
ohm
1
resistor
connected
between
cow
contact
points,
as
measured
by
2
a
true
root
mean
square
meter.
3
7.
“Utility”
means
a
public
utility
as
defined
in
Code
4
section
476.1,
or
for
purposes
of
this
chapter,
any
other
5
person
owning
or
operating
more
than
one
thousand
five
hundred
6
miles
of
transmission
lines
and
associated
facilities
in
this
7
state.
8
Sec.
3.
NEW
SECTION
.
476D.3
Rules
——
scope
of
authority.
9
1.
The
board
shall
by
rule
establish
standard
procedures
10
and
protocols
which
may
be
used
for
the
measurement
of
stray
11
current
or
voltage.
The
board
shall
review
the
rules
from
time
12
to
time,
or
upon
petition
to
the
board,
to
ensure
that
the
13
standard
procedures
and
protocols
continue
to
be
scientifically
14
and
technologically
accurate
and
a
reliable
means
of
detecting
15
stray
current
or
voltage.
Other
measurements
of
stray
current
16
or
voltage
made
using
other
procedures
and
protocols
may
be
17
considered
by
the
board
in
appropriate
cases.
18
2.
The
purpose
for
the
standard
procedures
and
protocols
19
established
by
rule
pursuant
to
subsection
1
shall
be
20
for
utilization
by
a
utility
in
taking
measurements
of
21
stray
current
or
voltage,
and
by
the
board
in
preparing
a
22
determination
of
source
document
that
may
be
utilized
by
either
23
a
dairy
producer
or
a
utility
as
evidence
of
the
source
and
24
level,
if
any,
of
stray
current
or
voltage.
The
determination
25
of
source
document
shall
be
based
on
qualified,
measurable,
26
scientific
facts.
Neither
the
board,
nor
the
determination
of
27
source
document,
shall
establish
liability
or
civil
damages
in
28
connection
with
a
civil
lawsuit.
29
Sec.
4.
NEW
SECTION
.
476D.4
Stray
current
or
voltage
30
program
——
claims
——
notice
——
utility
response.
31
1.
A
dairy
producer
in
this
state
that
claims
that
its
32
dairy
cows
are
being
affected
by
stray
current
or
voltage
may
33
participate
in
the
stray
voltage
program.
The
dairy
producer
34
shall
provide
written
notice
to
the
utility
and
may
provide
35
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2375
notice
to
the
board
to
participate
in
the
program.
The
notice
1
shall
include
a
nonbinding
statement
as
to
why
the
dairy
2
producer
claims
its
dairy
cows
are
being
affected
by
electrical
3
energy
attributable
to
the
utility.
4
2.
a.
Within
fourteen
business
days
after
receipt
of
a
5
notice
alleging
stray
current
or
voltage
by
a
utility
pursuant
6
to
subsection
1,
the
utility
shall
take
or
arrange
for
the
7
taking
of
measurements
to
identify
the
existence
and
magnitude
8
of
the
stray
current
or
voltage,
if
any.
A
dairy
producer
9
providing
notice
of
the
claim
shall
permit
entry
onto
the
10
dairy
farm
at
dates
and
times
mutually
agreed
upon
by
the
11
dairy
producer
and
the
utility.
The
utility
shall
perform
no
12
other
service
or
inspection
on
the
dairy
farm
beyond
taking
13
measurements
of
stray
current
or
voltage,
except
the
utility
14
may
advise
the
dairy
producer
as
to
recommended
on-farm
15
remedial
action
and
may
perform
such
remedial
action
with
16
the
permission
of
the
dairy
producer.
The
utility
or
its
17
representative
shall
abide
by
the
dairy
farm’s
biosecurity
18
protocols
or,
if
none,
generally
accepted
biosecurity
protocols
19
in
the
industry,
prior
to
entry
onto
the
dairy
farm.
The
20
utility
shall
be
provided
advance
notice
of
any
biosecurity
21
protocols
adopted
by
the
dairy
producer.
22
b.
A
dairy
producer
may
include
with
the
notice
provided
23
pursuant
to
subsection
1,
or
in
a
subsequent
notice,
a
written
24
request
for
the
board
to
take
or
arrange
for
the
taking
of
25
separate
and
independent
measurements
to
identify
the
existence
26
and
magnitude
of
stray
current
or
voltage,
if
any.
Such
a
27
request
may
also
be
made
by
the
utility.
Measurements
by
the
28
board
shall
be
taken
by
a
representative
of
the
board
directly,
29
or
by
a
neutral
third-party
expert
selected
by
the
board
for
30
such
purposes.
The
board
or
a
selected
third-party
expert
31
shall
perform
no
other
service
or
inspection
on
the
dairy
farm
32
beyond
taking
measurements
of
stray
current
or
voltage,
except
33
the
board
or
third-party
expert
may
advise
the
dairy
producer
34
as
to
recommended
on-farm
remedial
action.
The
board
or
the
35
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2375
third-party
expert
shall
abide
by
the
dairy
farm’s
biosecurity
1
protocols
or,
if
none,
by
generally
accepted
biosecurity
2
protocols
in
the
industry,
prior
to
entry
onto
the
dairy
farm.
3
The
board
shall
subsequently
prepare
or
cause
to
be
prepared
4
the
determination
of
source
document
as
described
in
section
5
476D.3
which
shall
be
made
available
to
both
the
dairy
producer
6
and
the
utility.
7
3.
If
the
utility
or
the
board’s
measurements
identify
8
a
level
of
stray
current
or
voltage
at
cow
contact
points
9
in
excess
of
the
preventive
action
level,
the
utility
or
the
10
board,
as
applicable,
shall
promptly
identify
if
the
utility’s
11
distribution
system’s
contribution
is
greater
than
one
milliamp
12
or
one
volt,
measured
in
the
same
manner
as
the
preventive
13
action
level.
For
purposes
of
this
determination,
stray
14
current
or
voltage
on
the
utility’s
distribution
system
shall
15
be
attributed
to
the
utility
even
if
caused
by
other
customers
16
connected
to
the
utility’s
distribution
system.
If
that
17
portion
of
the
stray
current
or
voltage
at
cow
contact
points
18
attributable
to
the
utility’s
distribution
system
exceeds
19
one
milliamp
or
one
volt,
the
utility
shall,
within
fifteen
20
business
days,
commence
and
diligently
pursue
to
completion,
21
remedial
procedures
which
result
in,
and
are
reasonably
likely
22
to
sustain,
a
reduction
of
the
stray
current
or
voltage
at
23
cow
contact
points
attributable
to
the
utility’s
distribution
24
system
to
one
milliamp
or
less
or
one
volt
or
less,
measured
in
25
accordance
with
the
rules
established
by
the
board.
26
Sec.
5.
NEW
SECTION
.
476D.5
Civil
actions.
27
A
civil
action
shall
not
be
commenced
by
a
dairy
producer
28
against
a
utility
seeking
damages
or
other
relief
allegedly
due
29
to
injury
caused
by
stray
current
or
voltage
unless
the
dairy
30
producer
has
provided
notice
of
its
participation
in
the
stray
31
current
or
voltage
program
in
accordance
with
section
476D.4
32
at
least
ninety
days
prior
to
filing
such
an
action.
In
any
33
civil
action
against
a
utility
for
damages
or
other
relief,
the
34
written
documentation
prepared
by
or
on
behalf
of
the
board
35
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2375
pursuant
to
section
476D.4
may
be
admissible
in
evidence.
Any
1
and
all
civil
damages
shall
be
determined
by
a
court
of
law,
2
and
shall
be
based
on
evidence
provided
by
both
parties.
3
EXPLANATION
4
This
bill
specifies
procedures
applicable
to
claims
5
asserting
stray
electric
current
or
voltage
impacting
dairy
6
cows.
7
The
bill
provides
for
the
adoption
of
administrative
rules
8
by
the
Iowa
utilities
board
establishing
standard
procedures
9
and
protocols
for
the
measurement
of
stray
current
or
voltage.
10
The
bill
directs
the
board
to
review
the
rules
periodically
11
to
ensure
that
they
remain
accurate
and
reliable
with
regard
12
to
stray
current
or
voltage
measurement,
and
provides
that
13
other
forms
of
measurement
may
be
considered
by
the
board
in
14
appropriate
cases.
The
bill
states
that
the
purpose
for
the
15
standard
procedures
and
protocols
shall
be
for
utilization
by
a
16
utility
in
taking
measurements
of
stray
current
or
voltage,
and
17
by
the
board
in
preparing
a
determination
of
source
document
18
that
may
be
utilized
by
either
a
dairy
producer
or
a
utility
as
19
evidence
of
the
source
and
level,
if
any,
of
stray
current
or
20
voltage.
The
bill
provides
that
the
determination
of
source
21
document
shall
be
based
on
qualified,
measureable,
scientific
22
facts,
and
that
neither
the
board,
nor
the
document,
shall
23
establish
liability
or
civil
damages
in
connection
with
a
civil
24
lawsuit.
25
The
bill
provides
that
a
dairy
producer
in
Iowa
who
claims
26
that
its
dairy
cows
are
being
affected
by
stray
current
or
27
voltage
may
participate
in
a
stray
voltage
program
by
providing
28
written
notice
to
the
utility
and,
optionally,
to
the
board
29
containing
a
nonbinding
statement
as
to
why
the
dairy
producer
30
believes
its
dairy
cows
are
being
affected
by
electrical
energy
31
attributable
to
the
utility.
32
Within
14
business
days
after
receipt
of
the
notice,
the
33
bill
requires
the
utility
to
take
or
arrange
for
the
taking
34
of
measurements
to
identify
the
existence
and
magnitude
of
35
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2375
the
stray
current
or
voltage,
if
any.
The
bill
prohibits
the
1
utility
from
performing
any
other
service
or
inspection
on
the
2
dairy
farm
beyond
taking
the
measurements
other
than
advising
3
the
dairy
producer
as
to
recommended
on-farm
remedial
action
4
and
performing
such
remedial
action
with
permission.
The
bill
5
provides
that
the
utility
or
its
representative
shall
abide
by
6
the
dairy
farm’s
biosecurity
protocols,
or
if
none,
generally
7
accepted
biosecurity
protocols
in
the
industry
prior
to
entry
8
onto
the
dairy
farm,
and
requires
the
dairy
producer
to
provide
9
advance
notice
of
any
biosecurity
protocols
they
have
adopted
10
to
the
utility.
11
The
bill
provides
that
a
dairy
producer,
or
a
utility,
12
may
request
that
the
board
take
or
arrange
for
the
taking
13
of
separate
and
independent
measurements
to
identity
the
14
existence
and
magnitude
of
stray
current
or
voltage,
if
15
any,
either
directly
or
by
a
neutral
third-party
expert
16
selected
by
the
board
for
such
purposes.
The
bill
applies
17
the
same
restrictions
regarding
performing
no
other
service
18
or
inspection
and
abiding
by
biosecurity
protocols
as
are
19
applicable
to
measurements
taken
by
the
utility.
After
20
measurements
are
taken
by
or
on
behalf
of
the
board,
the
board
21
must
prepare
or
cause
to
be
prepared
the
determination
of
22
source
document
and
make
the
document
available
to
both
the
23
dairy
producer
and
the
utility.
24
The
bill
states
that
if
the
utility
or
the
board’s
25
measurements
identify
a
level
of
stray
current
or
voltage
at
26
cow
contact
points
in
excess
of
the
preventive
action
level,
as
27
defined
in
the
bill,
the
utility
or
the
board,
as
applicable,
28
shall
promptly
identify
if
the
utility’s
distribution
system’s
29
contribution
is
greater
than
one
milliamp
or
one
volt.
For
30
purposes
of
this
determination,
the
bill
provides
that
stray
31
current
or
voltage
on
the
utility’s
distribution
system
shall
32
be
attributed
to
the
utility
even
if
caused
by
other
customers
33
connected
to
the
utility’s
distribution
system.
If
that
34
portion
of
the
stray
current
or
voltage
at
cow
contact
points
35
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5428HV
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84
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7
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2375
attributable
to
the
utility’s
distribution
system
exceeds
one
1
milliamp
or
one
volt,
the
bill
directs
the
utility
to
within
2
15
business
days
commence
and
diligently
pursue
to
completion
3
remedial
procedures
which
result
in,
and
are
reasonably
likely
4
to
sustain,
a
reduction
of
the
stray
current
or
voltage
to
one
5
milliamp
or
less
or
one
volt
or
less,
measured
in
accordance
6
with
the
rules
established
by
the
board.
7
The
bill
provides
that
a
civil
action
shall
not
be
commenced
8
by
a
dairy
producer
against
a
utility
seeking
damages
or
other
9
relief
allegedly
due
to
injury
caused
by
stray
current
or
10
voltage
unless
the
dairy
producer
has
provided
notice
of
its
11
participation
in
the
stray
current
or
voltage
program
at
least
12
90
days
prior
to
filing
the
action.
The
bill
states
that
in
13
such
an
action
the
written
documentation
prepared
by
or
on
14
behalf
of
the
board
may
be
admissible
in
evidence,
but
that
any
15
and
all
civil
damages
shall
be
determined
by
a
court
of
law
16
based
on
evidence
provided
by
both
parties.
17
-7-
LSB
5428HV
(4)
84
rn/nh
7/
7
