Senate File 2286 H-8455 Amend Senate File 2286, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. NEW SECTION . 476D.1 Short title. 5 This chapter shall be known and may be cited as the 6 “Stray Current and Voltage Remediation Act” . 7 Sec. 2. NEW SECTION . 476D.2 Definitions. 8 As used in this chapter, unless the context 9 otherwise requires: 10 1. “Board” means the utilities board within the 11 utilities division of the department of commerce. 12 2. “Cow contact points” means any two electrically 13 conductive points which a dairy cow may, in its normal 14 environment, unavoidably and simultaneously contact. 15 3. “Dairy producer” means any person or entity that 16 owns or operates a dairy farm or that owns cows that do 17 or are intended to produce milk. 18 4. “Preventive action level” is stray current or 19 voltage constituting either of the following: 20 a. A steady-state, root mean square alternating 21 current of two milliamp or more through a five hundred 22 ohm resistor connected between cow contact points, as 23 measured by a true root mean square meter. 24 b. A steady-state, root mean square alternating 25 current voltage of one volt or more, across or in 26 parallel with a five hundred ohm resistor connected 27 between cow contact points, as measured by a true root 28 mean square meter. 29 5. “Steady-state” means the value of a current or 30 voltage after an amount of time where all transients 31 have decayed to a negligible value. 32 6. “Stray current or voltage” means either of the 33 following: 34 a. Any steady-state, sixty hertz, including 35 harmonics thereof, root mean square alternating current 36 of less than twenty milliamp through a five hundred 37 ohm resistor connected between cow contact points, as 38 measured by a true root mean square meter. 39 b. Any steady-state, sixty hertz, including 40 harmonics thereof, root mean square alternating current 41 voltage of less than ten volts, across or in parallel 42 with a five hundred ohm resistor connected between cow 43 contact points, as measured by a true root mean square 44 meter. 45 7. “Utility” means a public utility as defined in 46 Code section 476.1, or for purposes of this chapter, 47 any other person owning or operating more than one 48 thousand five hundred miles of transmission lines and 49 associated facilities in this state. 50 -1- SF2286.5821 (3) 84 rn/nh 1/ 4 #1.

Sec. 3. NEW SECTION . 476D.3 Rules —— scope of 1 authority. 2 The board shall by rule establish standard 3 procedures and protocols which may be used for the 4 measurement of stray current or voltage. The board 5 shall review the rules from time to time, or upon 6 petition to the board, to ensure that the standard 7 procedures and protocols continue to be scientifically 8 and technologically accurate and a reliable means of 9 detecting stray current or voltage. Other measurements 10 of stray current or voltage made using other procedures 11 and protocols may be considered by the board in 12 appropriate cases. 13 Sec. 4. NEW SECTION . 476D.4 Stray current or 14 voltage program —— claims —— notice —— utility response. 15 1. A dairy producer in this state that claims that 16 its dairy cows are being affected by stray current or 17 voltage may participate in the stray voltage program. 18 The dairy producer shall provide written notice to 19 the utility and may provide notice to the board to 20 participate in the program. The notice shall include 21 a nonbinding statement as to why the dairy producer 22 claims its dairy cows are being affected by electrical 23 energy attributable to the utility. 24 2. a. Within fourteen business days after receipt 25 of a notice alleging stray current or voltage by a 26 utility pursuant to subsection 1, the utility shall 27 take or arrange for the taking of measurements to 28 identify the existence and magnitude of the stray 29 current or voltage, if any. A dairy producer providing 30 notice of the claim shall permit entry onto the dairy 31 farm at dates and times mutually agreed upon by the 32 dairy producer and the utility. The utility shall 33 perform no other service or inspection on the dairy 34 farm beyond taking measurements of stray current 35 or voltage, except the utility may advise the dairy 36 producer as to recommended on-farm remedial action and 37 may perform such remedial action with the permission of 38 the dairy producer. The utility or its representative 39 shall abide by the dairy farm’s biosecurity protocols 40 or, if none, generally accepted biosecurity protocols 41 in the industry, prior to entry onto the dairy farm. 42 The utility shall be provided advance notice of any 43 biosecurity protocols adopted by the dairy producer. 44 b. A dairy producer may include with the notice 45 provided pursuant to subsection 1, or in a subsequent 46 notice, a written request for the board to take or 47 arrange for the taking of separate and independent 48 measurements to identify the existence and magnitude 49 of stray current or voltage, if any. Such a request 50 -2- SF2286.5821 (3) 84 rn/nh 2/ 4

may also be made by the utility. Measurements by the 1 board shall be taken by a representative of the board 2 directly, or by a neutral third-party expert selected 3 by the board for such purposes. A dairy producer 4 providing notice to the board shall permit entry onto 5 the dairy farm at dates and times mutually agreed 6 upon by the dairy producer and the board. The board 7 or a selected third-party expert shall perform no 8 other service or inspection on the dairy farm beyond 9 taking measurements of stray current or voltage, 10 except the board or third-party expert may advise the 11 dairy producer as to recommended on-farm remedial 12 action. The board or the third-party expert shall 13 abide by the dairy farm’s biosecurity protocols or, 14 if none, by generally accepted biosecurity protocols 15 in the industry, prior to entry onto the dairy farm. 16 The board shall be provided advance notice of any 17 biosecurity protocols adopted by the dairy producer. 18 The board shall subsequently prepare or cause to be 19 prepared a determination of source document which shall 20 be made available to both the dairy producer and the 21 utility. 22 3. If the utility’s or the board’s measurements 23 identify a level of stray current or voltage at cow 24 contact points in excess of the preventive action 25 level, the utility or the board, as applicable, 26 shall promptly identify if the utility’s distribution 27 system’s contribution is greater than one milliamp or 28 one-half volt, measured according to procedures and 29 protocols specified by the board by rule. For purposes 30 of this determination, stray current or voltage on 31 the utility’s distribution system shall be attributed 32 to the utility even if caused by other customers 33 connected to the utility’s distribution system. If 34 that portion of the stray current or voltage at 35 cow contact points attributable to the utility’s 36 distribution system exceeds one milliamp or one-half 37 volt, the utility shall, within fifteen business days, 38 commence and diligently pursue to completion, remedial 39 procedures which result in, and are reasonably likely 40 to sustain, a reduction of the stray current or voltage 41 at cow contact points attributable to the utility’s 42 distribution system to one milliamp or less or one-half 43 volt or less, measured in accordance with the rules 44 established by the board. 45 Sec. 5. NEW SECTION . 476D.5 Civil actions. 46 A civil action shall not be commenced by a dairy 47 producer against a utility seeking damages or other 48 relief allegedly due to injury caused by stray current 49 or voltage unless the dairy producer has provided 50 -3- SF2286.5821 (3) 84 rn/nh 3/ 4

notice of its participation in the stray current or 1 voltage program in accordance with section 476D.4 2 at least ninety days prior to filing such an action. 3 In any civil action against a utility for damages or 4 other relief, the written documentation prepared by 5 or on behalf of the board pursuant to section 476D.4 6 may be admissible in evidence. The definitions, 7 standards, and other board determinations created 8 pursuant to this chapter shall only be used for the 9 purpose of deciding whether a utility would be required 10 to complete remedial action under section 476D.4. Such 11 definitions, standards, and other board determinations 12 shall not be construed to create a presumption or 13 conclusive proof of the existence or lack of existence 14 of proximate cause or damage as a result of stray 15 current or voltage in any civil action for damages 16 or injunctive relief. The board’s measurements and 17 determinations in accordance with this chapter shall 18 be considered to be an advisory opinion of the board 19 and shall not be binding on a court of law. Any and 20 all civil damages shall be determined by a court of 21 law, and shall be based on evidence provided by both 22 parties. > 23 ______________________________ HORBACH of Tama -4- SF2286.5821 (3) 84 rn/nh 4/ 4