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 -1- LSB 5428HV (4) 84 rn/nh 1/ 7

H.F. 2375 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 -2- LSB 5428HV (4) 84 rn/nh 2/ 7

H.F. 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 -3- LSB 5428HV (4) 84 rn/nh 3/ 7

H.F. 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 -4- LSB 5428HV (4) 84 rn/nh 4/ 7

H.F. 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 -5- LSB 5428HV (4) 84 rn/nh 5/ 7

H.F. 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 -6- LSB 5428HV (4) 84 rn/nh 6/ 7

H.F. 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