Senate
File
2072
-
Introduced
SENATE
FILE
2072
BY
SODDERS
A
BILL
FOR
An
Act
relating
to
stray
electric
current
or
voltage
and
civil
1
actions
to
recover
resulting
damages.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5428XS
(9)
84
rn/nh
S.F.
2072
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
Legislative
findings
and
4
intent.
5
The
general
assembly
finds
that
the
efficient
and
safe
6
distribution
of
electricity
is
critical
to
the
well-being
7
of
the
citizens
and
economy
of
this
state,
including
the
8
business
of
agriculture,
and
that
this
chapter
is
necessary
for
9
the
protection
of
the
public
welfare.
The
general
assembly
10
recognizes
that
stray
current
or
voltage
is
a
normal,
inherent,
11
and
unavoidable
result
of
electricity
traveling
through
12
grounded
electrical
systems,
including
a
dairy
producer’s
13
on-farm
system
and
a
utility’s
distribution
system,
which
14
systems
are
required
by
the
national
electrical
code
and
the
15
national
electrical
safety
code
to
be
grounded
to
the
earth
16
to
ensure
continuous
safety
and
reliability.
The
general
17
assembly
finds
that
the
potential
impact
of
stray
current
or
18
voltage
on
dairy
cows
is
a
matter
of
interest
and
concern
to
19
dairy
producers
with
dairies
situated
near
and
served
by
a
20
multigrounded
multiple
exchange
electrical
distribution
system
21
or
similar
electrical
distribution
system
utilized
by
utilities
22
in
this
state.
Scientific
research
has
established
a
level
of
23
stray
current
or
voltage
at
or
below
which
no
effect
on
a
dairy
24
cow’s
behavior,
health,
or
milk
production
has
been
shown.
To
25
provide
for
the
continued
safe
and
efficient
availability
of
26
electricity
while
addressing
complaints
regarding
stray
current
27
or
voltage,
it
is
necessary
and
appropriate
to
establish
a
28
uniform
preventive
action
level;
establish
uniform
procedures
29
and
protocols
for
measurements
of
stray
current
or
voltage;
30
require,
when
necessary,
that
the
sources
of
stray
current
31
or
voltage
be
identified;
require,
when
necessary,
adequate
32
remediation;
and
establish
procedures
for
handling
complaints.
33
Sec.
3.
NEW
SECTION
.
476D.3
Definitions.
34
As
used
in
this
chapter,
unless
the
context
otherwise
35
-1-
LSB
5428XS
(9)
84
rn/nh
1/
12
S.F.
2072
requires:
1
1.
“Adequate
remediation”
means
corrective
action
by
a
2
utility
which
results
in,
and
is
reasonably
likely
to
sustain,
3
a
reduction
of
stray
current
or
voltage
attributable
to
the
4
utility’s
distribution
system
to
fifty
percent
or
less
of
the
5
preventive
action
level.
6
2.
“Board”
means
the
utilities
board
within
the
utilities
7
division
of
the
department
of
commerce.
8
3.
“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
4.
“Dairy
producer”
means
any
person
or
entity
that
owns
or
12
operates
a
dairy
farm
or
who
owns
cows
that
do
or
are
intended
13
to
produce
milk.
14
5.
“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
6.
“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
7.
“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
-2-
LSB
5428XS
(9)
84
rn/nh
2/
12
S.F.
2072
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
8.
“Utility”
means
a
public
utility
as
defined
in
Code
4
section
476.1.
5
Sec.
4.
NEW
SECTION
.
476D.4
Rules.
6
The
board
shall
by
rule
establish
standard
procedures
7
and
protocols
which
may
be
used
for
the
measurement
of
stray
8
current
or
voltage.
The
board
shall
review
the
rules
from
time
9
to
time,
or
upon
petition
to
the
board,
to
ensure
that
the
10
standard
procedures
and
protocols
continue
to
be
scientifically
11
and
technologically
accurate
and
a
reliable
means
of
detecting
12
stray
current
or
voltage.
Other
measurements
of
stray
current
13
or
voltage
made
using
other
procedures
and
protocols
may
be
14
considered
by
the
board
in
appropriate
cases.
15
Sec.
5.
NEW
SECTION
.
476D.5
Claims
——
notice
——
utility
16
response.
17
1.
A
dairy
producer
in
this
state
who
claims
that
its
dairy
18
cows
are
being
affected
by
any
form
or
type
of
electrical
19
energy
allegedly
attributable
to
a
utility
including,
without
20
limitation,
stray
current
or
voltage,
shall,
before
commencing
21
any
civil
action
against
the
utility,
provide
written
notice
22
of
the
claim
to
the
utility.
The
notice
shall
specify
why
the
23
dairy
producer
believes
its
dairy
cows
are
being
affected
by
24
electrical
energy
attributable
to
the
utility.
Within
fourteen
25
business
days
of
receipt
of
such
notice,
if
the
notice
alleges
26
stray
current
or
voltage,
the
utility
shall
make
arrangements
27
to
take
or
cause
measurements
to
be
taken
at
cow
contact
points
28
at
the
dairy
producer’s
dairy
to
identify
the
existence
and
29
magnitude
of
stray
current
or
voltage,
if
any.
30
2.
If
the
utility
finds
a
level
of
stray
current
or
voltage
31
at
cow
contact
points
in
excess
of
the
preventive
action
level,
32
the
utility
shall
promptly
identify
that
portion,
if
any,
33
of
the
stray
current
or
voltage
that
is
attributable
to
the
34
utility’s
distribution
system.
If
that
portion
of
the
stray
35
-3-
LSB
5428XS
(9)
84
rn/nh
3/
12
S.F.
2072
current
or
voltage
at
cow
contact
points
attributable
to
the
1
utility’s
distribution
system
exceeds
fifty
percent
of
the
2
preventive
action
level,
the
utility
shall,
within
fifteen
3
business
days,
commence
and
diligently
pursue
to
completion,
4
remedial
procedures
which
result
in,
and
are
reasonably
likely
5
to
sustain,
a
reduction
of
the
stray
current
or
voltage
at
6
cow
contact
points
attributable
to
the
utility’s
distribution
7
system
to
fifty
percent
or
less
of
the
preventive
action
level.
8
Sec.
6.
NEW
SECTION
.
476D.6
Jurisdiction
——
contested
case
9
proceedings
——
orders.
10
The
board
shall
have
exclusive,
initial
jurisdiction
11
regarding
actions
taken
pursuant
to
section
476D.5.
Upon
12
receiving
a
request
from
a
dairy
producer
to
review
such
13
actions,
the
board
shall
conduct
a
contested
case
proceeding
14
pursuant
to
chapter
17A
to
determine
whether
a
utility
has
15
complied
with
the
board’s
rules
regarding
measurement
of
16
stray
current
or
voltage,
whether
the
utility’s
measurements
17
demonstrated
stray
current
or
voltage
at
or
above
the
18
preventive
action
level,
whether
any
other
measurements
19
demonstrated
stray
current
or
voltage
at
or
above
the
20
preventive
action
level,
whether
the
utility
properly
21
identified
that
portion
of
the
stray
current
or
voltage
at
22
cow
contact
points
attributable
to
the
utility’s
distribution
23
system,
and
whether
the
utility
has
complied
with
its
24
remediation
obligation
under
this
chapter.
The
board
may
also
25
arrange
for
third-party
measurement
of
stray
current
or
voltage
26
in
cases
in
which
the
board
finds
it
reasonable
to
do
so.
27
1.
If
the
board
determines
that
the
utility
complied
with
28
the
rules
regarding
measurement
of
stray
current
or
voltage,
29
and
properly
identified
no
stray
current
or
voltage
in
excess
30
of
the
preventive
action
level,
the
board
may
issue
an
order
31
that
the
utility
has
provided
adequate
service.
The
board’s
32
order
shall
be
binding
on
the
parties.
33
2.
If
the
board
determines
that
the
utility
complied
with
34
the
rules
regarding
measurement
of
stray
current
or
voltage,
35
-4-
LSB
5428XS
(9)
84
rn/nh
4/
12
S.F.
2072
the
utility
properly
identified
stray
current
or
voltage
in
1
excess
of
the
preventive
action
level,
and
the
utility
properly
2
identified
that
the
portion
of
stray
current
or
voltage
3
attributable
to
the
utility’s
distribution
system
was
fifty
4
percent
or
less
of
the
preventive
action
level,
the
board
may
5
issue
an
order
that
the
utility
provided
adequate
service.
The
6
board’s
order
shall
be
binding
on
the
parties,
subject
only
to
7
the
provisions
of
section
476D.7.
8
3.
If
the
board
determines
that
the
utility
complied
with
9
the
rules
regarding
measurement
of
stray
current
or
voltage,
10
the
utility
properly
identified
stray
current
or
voltage
11
in
excess
of
the
preventive
action
level,
and
the
utility
12
properly
identified
that
the
portion
of
stray
current
or
13
voltage
attributable
to
the
utility’s
distribution
system
14
exceeded
fifty
percent
of
the
preventive
action
level,
the
15
board
may
determine
the
adequacy
of
the
utility’s
remediation
16
efforts.
The
board’s
order
shall
be
binding
on
the
parties,
17
subject
only
to
the
provisions
of
section
476D.7.
If
the
dairy
18
producer
has
complied
with
the
notice
provisions
set
forth
in
19
section
476D.5,
and
the
board
has
made
a
determination
that
the
20
conditions
set
forth
in
this
subsection
are
met,
then
the
dairy
21
producer
may,
not
later
than
one
year
following
completion
of
22
adequate
remediation,
or
one
year
following
the
issuance
of
the
23
board’s
final
order,
whichever
occurs
later,
commence
a
civil
24
action
seeking
monetary
damages
against
the
utility.
In
any
25
such
civil
action,
damages
shall
be
limited
as
set
forth
in
26
section
476D.8.
27
4.
If
the
board
determines
that
the
utility
failed
to
28
comply
with
the
rules
regarding
measurement
of
stray
current
or
29
voltage,
the
utility
failed
to
properly
identify,
when
required
30
pursuant
to
section
476D.5
to
do
so,
that
portion
of
stray
31
current
or
voltage
attributable
to
the
utility’s
distribution
32
system,
or
the
utility
failed
to
provide
adequate
remediation,
33
the
board
shall
order
the
utility
to
take
measurements
of
stray
34
current
or
voltage
in
conformance
with
board
rules,
or
identify
35
-5-
LSB
5428XS
(9)
84
rn/nh
5/
12
S.F.
2072
that
portion
of
the
stray
current
or
voltage
attributable
to
1
the
utility’s
distribution
system
and,
if
necessary,
to
provide
2
adequate
remediation.
The
board’s
order
shall
be
binding
on
3
the
parties,
subject
only
to
the
provisions
of
section
476D.7.
4
If
the
dairy
producer
complied
with
the
notice
provisions
set
5
forth
in
section
476D.5,
and
the
board
made
a
determination
6
that
the
portion
of
stray
current
or
voltage
attributable
to
7
the
utility’s
distribution
system
exceeded
fifty
percent
of
8
the
preventive
action
level,
then
the
dairy
producer
may,
9
not
later
than
one
year
following
completion
of
adequate
10
remediation,
or
one
year
following
the
issuance
of
the
board’s
11
final
order,
whichever
occurs
later,
commence
a
civil
action
12
seeking
monetary
damages
against
the
utility.
In
any
such
13
civil
action,
damages
shall
be
limited
as
set
forth
in
section
14
476D.8.
15
5.
If
the
board
determines
that
a
dairy
producer
made
or
16
pursued
a
claim
in
bad
faith
or
for
purposes
of
harassment
17
of
the
utility,
the
board
shall
require
the
dairy
producer
18
to
pay
the
utility’s
actual
costs
of
investigation
and
19
defense.
If
the
board
determines
that
a
utility
acted
in
20
bad
faith,
or
for
purposes
of
harassment
or
delay,
the
board
21
shall
require
the
utility
to
pay
the
dairy
producer’s
actual
22
costs
of
investigation,
if
any,
and
costs
of
preparation
and
23
presentation
of
the
claim
before
the
board.
The
board’s
order
24
shall
be
binding
on
the
parties,
subject
only
to
the
provisions
25
of
section
476D.7.
26
Sec.
7.
NEW
SECTION
.
476D.7
Civil
actions.
27
A
civil
action
shall
not
be
commenced
by
a
dairy
producer
28
against
a
utility
seeking
damages
or
other
relief
allegedly
29
due
to
injury
caused
by
any
form
or
type
of
electrical
energy
30
allegedly
attributable
to
a
utility
including,
without
31
limitation,
stray
current
or
voltage
unless
the
dairy
producer
32
has
complied
with
the
provisions
of
section
476D.5,
and
the
33
board
has
issued
an
order
pursuant
to
section
476D.6.
In
any
34
civil
action
against
a
utility
for
damages
or
other
relief,
35
-6-
LSB
5428XS
(9)
84
rn/nh
6/
12
S.F.
2072
after
the
dairy
producer
has
complied
with
the
provisions
of
1
section
476D.5,
and
the
board
has
issued
an
order
pursuant
2
to
section
476D.6,
the
board’s
order
shall
be
admissible
in
3
evidence
in
such
civil
action.
4
Sec.
8.
NEW
SECTION
.
476D.8
Damages.
5
In
any
civil
action
against
a
utility
for
damages
pursuant
6
to
this
chapter
or
other
causes
of
action
where
damages
7
are
alleged
to
be
caused
by
any
form
or
type
of
electrical
8
energy
allegedly
attributable
to
a
utility
including,
without
9
limitation,
stray
current
or
voltage,
a
dairy
producer
shall
10
be
limited
to
those
damages
which
were
incurred
by
the
dairy
11
producer
during
that
period
of
time
commencing
twelve
months
12
prior
to
the
dairy
producer’s
provision
of
notice
to
the
13
utility
and
ending
on
the
date
of
completion
of
adequate
14
remediation,
if
any,
and
with
respect
to
stray
current
or
15
voltage
claims,
were
caused
by
that
portion
of
the
stray
16
current
or
voltage
attributable
to
the
utility’s
distribution
17
system.
In
any
action
for
damages,
a
utility
may
assert
a
18
defense
of
comparative
fault
as
set
out
in
section
668.3.
19
Sec.
9.
Section
657.1,
subsection
2,
Code
2011,
is
amended
20
to
read
as
follows:
21
2.
Notwithstanding
subsection
1
,
in
an
any
type
of
nuisance
22
action
to
abate
a
nuisance
against
an
electric
utility,
an
23
electric
utility
may
assert
a
defense
of
comparative
fault
as
24
set
out
in
section
668.3
if
the
electric
utility
demonstrates
25
that
in
the
course
of
providing
electric
services
to
its
26
customers
it
has
complied
with
engineering
and
safety
standards
27
as
adopted
by
the
utilities
board
of
the
department
of
28
commerce,
and
if
the
electric
utility
has
secured
all
permits
29
and
approvals,
as
required
by
state
law
and
local
ordinances,
30
necessary
to
perform
activities
alleged
to
constitute
a
31
nuisance.
In
addition,
a
claim
for
nuisance
shall
not
be
32
asserted
against
an
electric
utility
for
damages
due
to
stray
33
current
or
voltage.
Any
claim
against
an
electric
utility
for
34
damages
due
to
stray
current
or
voltage
shall
be
limited
to
35
-7-
LSB
5428XS
(9)
84
rn/nh
7/
12
S.F.
2072
claims
of
negligence,
and
shall
be
subject
to
the
provisions
of
1
chapters
476D
and
668.
The
utility’s
conduct
in
such
claims
2
shall
be
judged
using
a
standard
of
ordinary
care
under
the
3
existing
circumstances.
4
EXPLANATION
5
This
bill
concerns
stray
electric
current
or
voltage,
6
including
the
potential
impact
of
stray
electric
current
or
7
voltage
on
dairy
cows,
and
specifies
procedures
for
adopting
8
rules,
filing
complaints,
measuring
stray
electric
current
or
9
voltage,
taking
corrective
action,
and
pursuing
civil
actions
10
for
damages.
11
The
bill
commences
with
a
statement
of
legislative
intent,
12
noting
that
the
general
assembly
finds
that
the
potential
13
impact
of
stray
current
or
voltage
on
dairy
cows
is
a
matter
of
14
interest
and
concern
to
dairy
producers
with
dairies
situated
15
near
and
served
by
electrical
distribution
systems
utilized
by
16
utilities
in
Iowa,
and
that
scientific
research
has
established
17
a
level
of
stray
current
or
voltage
at
or
below
which
no
effect
18
on
a
dairy
cow’s
behavior,
health,
or
milk
production
has
been
19
shown.
20
The
bill
provides
for
the
adoption
of
administrative
rules
21
by
the
Iowa
utilities
board
establishing
standard
procedures
22
and
protocols
for
the
measurement
of
stray
current
or
voltage.
23
The
bill
states
that
other
measurements
of
stray
current
or
24
voltage
made
using
other
procedures
and
protocols
may
be
25
considered
by
the
board
in
appropriate
cases.
26
The
bill
provides
that
a
dairy
producer
who
claims
that
its
27
dairy
cows
are
being
affected
by
any
form
or
type
of
electrical
28
energy
allegedly
attributable
to
a
utility
including,
without
29
limitation,
stray
current
or
voltage,
shall,
before
commencing
30
any
civil
action
against
the
utility,
provide
written
notice
31
to
the
utility
specifying
why
the
dairy
producer
believes
its
32
dairy
cows
are
being
affected
by
electrical
energy
attributable
33
to
the
utility.
Within
14
business
days
of
receipt
of
the
34
notice,
if
the
notice
alleges
stray
current
or
voltage,
the
35
-8-
LSB
5428XS
(9)
84
rn/nh
8/
12
S.F.
2072
bill
directs
the
utility
to
make
arrangements
to
take
or
cause
1
measurements
to
be
taken
at
cow
contact
points
at
the
dairy
2
producer’s
dairy
to
identify
the
existence
and
magnitude
of
3
stray
current
or
voltage,
if
any.
The
bill
states
that
if
a
4
level
of
stray
current
or
voltage
in
excess
of
a
specified
5
preventive
action
level
is
determined,
the
utility
must
6
identify
that
portion
which
is
attributable
to
the
utility’s
7
distribution
system.
If
the
portion
of
the
stray
current
or
8
voltage
at
cow
contact
points
attributable
to
the
utility’s
9
distribution
system
exceeds
50
percent
of
the
preventive
action
10
level,
the
bill
requires
the
utility,
within
15
business
days,
11
to
commence
and
diligently
pursue
to
completion
remedial
12
procedures
which
shall
reduce,
and
are
reasonably
likely
to
13
sustain,
that
portion
of
the
stray
current
or
voltage
at
cow
14
contact
points
attributable
to
the
utility’s
distribution
15
system
to
50
percent
or
less
of
the
preventive
action
level.
16
The
bill
provides
that
the
board
shall
have
exclusive,
17
initial
jurisdiction
regarding
complaints
by
dairy
producers
18
and
actions
by
utilities.
Upon
receiving
a
request
from
a
19
dairy
producer
to
review
such
actions,
the
board
shall
conduct
20
a
contested
case
proceeding
to
determine
whether
a
utility
has
21
complied
with
the
rules
regarding
measurement
of
stray
current
22
or
voltage,
whether
the
utility’s
measurements
demonstrated
23
stray
current
or
voltage
at
or
above
the
preventive
action
24
level,
whether
any
other
measurements
demonstrated
stray
25
current
or
voltage
at
or
above
the
preventive
action
level,
26
whether
the
utility
has
properly
identified
that
portion
of
the
27
stray
current
or
voltage
at
cow
contact
points
attributable
28
to
the
utility’s
distribution
system,
and
whether
the
utility
29
has
complied
with
its
remediation
obligation.
The
board
is
30
authorized
to
arrange
for
third-party
measurement
of
stray
31
current
or
voltage
if
the
board
determines
it
reasonable
to
do
32
so.
33
The
bill
provides,
pursuant
to
a
contested
case
proceeding,
34
for
the
issuance
of
orders
by
the
board.
If
a
utility
is
found
35
-9-
LSB
5428XS
(9)
84
rn/nh
9/
12
S.F.
2072
to
have
complied
with
the
rules
regarding
measurement
of
stray
1
current
or
voltage,
and
properly
identified
no
stray
current
or
2
voltage
in
excess
of
the
preventive
action
level,
the
board
may
3
issue
an
order
that
the
utility
has
provided
adequate
service.
4
If
a
utility
complied
with
the
rules
regarding
measurement
of
5
stray
current
or
voltage,
properly
identified
stray
current
6
or
voltage
in
excess
of
the
preventive
action
level,
and
7
properly
identified
that
the
portion
of
stray
current
or
8
voltage
attributable
to
the
utility’s
distribution
system
was
9
50
percent
or
less
of
the
preventive
action
level,
the
board
10
may
issue
an
order
that
the
utility
provided
adequate
service.
11
If
a
utility
complied
with
the
rules
regarding
measurement
of
12
stray
current
or
voltage,
the
utility
properly
identified
stray
13
current
or
voltage
in
excess
of
the
preventive
action
level,
14
and
the
utility
properly
identified
that
the
portion
of
stray
15
current
or
voltage
attributable
to
the
utility’s
distribution
16
system
exceeded
50
percent
of
the
preventive
action
level,
the
17
board
may
determine
the
adequacy
of
the
utility’s
remediation
18
efforts.
The
bill
states
that
in
this
event,
and
if
a
dairy
19
producer
has
complied
with
the
notice
provisions,
the
dairy
20
producer
may,
not
later
than
one
year
following
completion
21
of
adequate
remediation,
or
one
year
following
the
issuance
22
of
the
board’s
final
order
thereon,
whichever
occurs
later,
23
commence
a
civil
action
seeking
monetary
damages
against
24
the
utility.
If
a
utility
failed
to
comply
with
the
rules
25
regarding
measurement
of
stray
current
or
voltage,
failed
to
26
properly
identify
when
required
to
do
so
that
portion
of
stray
27
current
or
voltage
attributable
to
the
utility’s
distribution
28
system,
or
failed
to
provide
adequate
remediation,
the
board
29
shall
order
the
utility
to
take
measurements
of
stray
current
30
or
voltage
in
conformance
with
board
rules,
or
identify
that
31
portion
of
the
stray
current
or
voltage
attributable
to
the
32
utility’s
distribution
system
and,
if
necessary,
to
provide
33
adequate
remediation.
The
bill
states
that
if
a
dairy
producer
34
complied
with
the
notice
provisions,
and
the
board
made
a
35
-10-
LSB
5428XS
(9)
84
rn/nh
10/
12
S.F.
2072
determination
that
the
portion
of
stray
current
or
voltage
1
attributable
to
the
utility’s
distribution
system
exceeded
50
2
percent
of
the
preventive
action
level,
the
dairy
producer
3
may,
not
later
than
one
year
following
completion
of
adequate
4
remediation,
or
one
year
following
the
issuance
of
the
board’s
5
final
order,
whichever
occurs
later,
similarly
commence
a
civil
6
action
seeking
monetary
damages
against
the
utility.
The
bill
7
states
that
if
a
dairy
producer
made
or
pursued
a
claim
in
bad
8
faith
or
for
purposes
of
harassment
of
the
utility,
the
board
9
shall
require
the
dairy
producer
to
pay
the
utility’s
actual
10
costs
of
investigation
and
defense,
and
if
a
utility
acted
in
11
bad
faith,
or
for
purposes
of
harassment
or
delay,
the
board
12
shall
require
the
utility
to
pay
the
dairy
producer’s
actual
13
costs
of
investigation,
if
any,
and
costs
of
preparation
and
14
presentation
of
the
claim
before
the
board.
15
The
bill
specifies
that
in
any
civil
action
against
a
16
utility
for
damages
alleged
to
be
caused
by
any
form
or
type
17
of
electrical
energy
allegedly
attributable
to
a
utility
18
including,
without
limitation,
stray
current
or
voltage,
a
19
dairy
producer
shall
be
limited
to
those
damages
which
were
20
incurred
by
the
dairy
producer
during
that
period
of
time
21
commencing
12
months
prior
to
the
dairy
producer’s
provision
of
22
notice
to
the
utility
and
ending
on
the
date
of
completion
of
23
adequate
remediation,
if
any,
and
with
respect
to
stray
current
24
or
voltage
claims,
were
caused
by
that
portion
of
the
stray
25
current
or
voltage
attributable
to
the
utility’s
distribution
26
system.
In
any
action
for
damages,
a
utility
may
assert
a
27
defense
of
comparative
fault
as
set
out
in
Code
section
668.3.
28
Additionally,
with
respect
to
abatement
of
nuisance
29
provisions
contained
in
Code
section
657.1,
the
bill
provides
30
that
a
claim
for
nuisance
shall
not
be
asserted
against
an
31
electric
utility
for
damages
due
to
stray
current
or
voltage,
32
and
shall
be
limited
to
claims
of
negligence
and
subject
to
33
the
bill’s
provisions
for
claims
regarding
dairy
cows
and
34
the
comparative
fault
provisions
of
Code
chapter
668.
The
35
-11-
LSB
5428XS
(9)
84
rn/nh
11/
12
S.F.
2072
bill
states
that
a
utility’s
conduct
in
such
claims
shall
be
1
judged
using
a
standard
of
ordinary
care
under
the
existing
2
circumstances.
3
-12-
LSB
5428XS
(9)
84
rn/nh
12/
12