Amend Senate File 2286, as amended, passed, and reprinted by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  NEW SECTION.  476D.1  Short title.
   This chapter shall be known and may be cited as the “Stray Current and Voltage Remediation Act”.
   Sec. 2.  NEW SECTION.  476D.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Board”means the utilities board within the utilities division of the department of commerce.
   2.  “Cow contact points” means any two electrically conductive points which a dairy cow may, in its normal environment, unavoidably and simultaneously contact.
   3.  “Dairy producer” means any person or entity that owns or operates a dairy farm or that owns cows that do or are intended to produce milk.
   4.  “Preventive action level” is stray current or voltage constituting either of the following:
   a.  A steady-state, root mean square alternating current of two milliamp or more through a five hundred ohm resistor connected between cow contact points, as measured by a true root mean square meter.
   b.  A steady-state, root mean square alternating current voltage of one volt or more, across or in parallel with a five hundred ohm resistor connected between cow contact points, as measured by a true root mean square meter.
   5.  “Steady-state” means the value of a current or voltage after an amount of time where all transients have decayed to a negligible value.
   6.  “Stray current or voltage” means either of the following: 
   a.  Any steady-state, sixty hertz, including harmonics thereof, root mean square alternating current of less than twenty milliamp through a five hundred ohm resistor connected between cow contact points, as measured by a true root mean square meter. 
   b.  Any steady-state, sixty hertz, including harmonics thereof, root mean square alternating current voltage of less than ten volts, across or in parallel with a five hundred ohm resistor connected between cow contact points, as measured by a true root mean square meter.
   7.  “Utility” means a public utility as defined in Code section 476.1, or for purposes of this chapter, any other person owning or operating more than one thousand five hundred miles of transmission lines and associated facilities in this state.
   Sec. 3.  NEW SECTION.  476D.3  Rules —— scope of authority.
   The board shall by rule establish standard procedures and protocols which may be used for the measurement of stray current or voltage. The board shall review the rules from time to time, or upon petition to the board, to ensure that the standard procedures and protocols continue to be scientifically and technologically accurate and a reliable means of detecting stray current or voltage. Other measurements of stray current or voltage made using other procedures and protocols may be considered by the board in appropriate cases.
   Sec. 4.  NEW SECTION.  476D.4  Stray current or voltage program —— claims —— notice —— utility response.
   1.  A dairy producer in this state that claims that its dairy cows are being affected by stray current or voltage may participate in the stray voltage program. The dairy producer shall provide written notice to the utility and may provide notice to the board to participate in the program. The notice shall include a nonbinding statement as to why the dairy producer claims its dairy cows are being affected by electrical energy attributable to the utility.
   2.
  a.  Within fourteen business days after receipt of a notice alleging stray current or voltage by a utility pursuant to subsection 1, the utility shall take or arrange for the taking of measurements to identify the existence and magnitude of the stray current or voltage, if any. A dairy producer providing notice of the claim shall permit entry onto the dairy farm at dates and times mutually agreed upon by the dairy producer and the utility. The utility shall perform no other service or inspection on the dairy farm beyond taking measurements of stray current or voltage, except the utility may advise the dairy producer as to recommended on-farm remedial action and may perform such remedial action with the permission of the dairy producer. The utility or its representative shall abide by the dairy farm’s biosecurity protocols or, if none, generally accepted biosecurity protocols in the industry, prior to entry onto the dairy farm. The utility shall be provided advance notice of any biosecurity protocols adopted by the dairy producer. 
   b.  A dairy producer may include with the notice provided pursuant to subsection 1, or in a subsequent notice, a written request for the board to take or arrange for the taking of separate and independent measurements to identify the existence and magnitude of stray current or voltage, if any. Such a request may also be made by the utility. Measurements by the board shall be taken by a representative of the board directly, or by a neutral third-party expert selected by the board for such purposes. A dairy producer providing notice to the board shall permit entry onto the dairy farm at dates and times mutually agreed upon by the dairy producer and the board. The board or a selected third-party expert shall perform no other service or inspection on the dairy farm beyond taking measurements of stray current or voltage, except the board or third-party expert may advise the dairy producer as to recommended on-farm remedial action. The board or the third-party expert shall abide by the dairy farm’s biosecurity protocols or, if none, by generally accepted biosecurity protocols in the industry, prior to entry onto the dairy farm. The board shall be provided advance notice of any biosecurity protocols adopted by the dairy producer. The board shall subsequently prepare or cause to be prepared a determination of source document which shall be made available to both the dairy producer and the utility.
   3.  If the utility’s or the board’s measurements identify a level of stray current or voltage at cow contact points in excess of the preventive action level, the utility or the board, as applicable, shall promptly identify if the utility’s distribution system’s contribution is greater than one milliamp or one-half volt, measured according to procedures and protocols specified by the board by rule. For purposes of this determination, stray current or voltage on the utility’s distribution system shall be attributed to the utility even if caused by other customers connected to the utility’s distribution system. If that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system exceeds one milliamp or one-half volt, the utility shall, within fifteen business days, commence and diligently pursue to completion, remedial procedures which result in, and are reasonably likely to sustain, a reduction of the stray current or voltage at cow contact points attributable to the utility’s distribution system to one milliamp or less or one-half volt or less, measured in accordance with the rules established by the board.
   Sec. 5.  NEW SECTION.  476D.5  Civil actions.
   A civil action shall not be commenced by a dairy producer against a utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has provided notice of its participation in the stray current or voltage program in accordance with section 476D.4 at least ninety days prior to filing such an action. In any civil action against a utility for damages or other relief, the written documentation prepared by or on behalf of the board pursuant to section 476D.4 may be admissible in evidence. The definitions, standards, and other board determinations created pursuant to this chapter shall only be used for the purpose of deciding whether a utility would be required to complete remedial action under section 476D.4. Such definitions, standards, and other board determinations shall not be construed to create a presumption or conclusive proof of the existence or lack of existence of proximate cause or damage as a result of stray current or voltage in any civil action for damages or injunctive relief. The board’s measurements and determinations in accordance with this chapter shall be considered to be an advisory opinion of the board and shall not be binding on a court of law. Any and all civil damages shall be determined by a court of law, and shall be based on evidence provided by both parties.>

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HORBACH of Tama