House Study Bill 178 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE) 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 1732YC (1) 85 rn/nh
H.F. _____ Section 1. NEW SECTION . 476D.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Board” means the utilities board within the utilities 4 division of the department of commerce. 5 2. “Dairy producer” means any person or entity that owns or 6 operates a dairy farm or that owns cows that do or are intended 7 to produce milk. 8 3. “Utility” means a public utility as defined in section 9 476.1 or, for purposes of this chapter, any other person owning 10 or operating more than one thousand five hundred miles of 11 transmission lines and associated facilities in this state. 12 Sec. 2. NEW SECTION . 476D.2 Utility inspections —— stray 13 current or voltage. 14 1. A dairy producer in this state that claims that its 15 dairy cows are being affected by stray current or voltage shall 16 provide written notice to a utility providing electric service 17 to the dairy producer and may provide written notice to the 18 board. The notice shall include a nonbinding statement as to 19 why the dairy producer claims its dairy cows are being affected 20 by electrical energy attributable to the utility. 21 2. a. Within fourteen business days after receipt of a 22 notice alleging stray current or voltage by a utility pursuant 23 to subsection 1, the utility shall take or arrange for the 24 taking of measurements to identify the existence and magnitude 25 of the stray current or voltage, if any. A dairy producer 26 providing notice of the claim shall permit entry onto the 27 dairy farm at dates and times mutually agreed upon by the 28 dairy producer and the utility. The utility shall perform no 29 other service or inspection on the dairy farm beyond taking 30 measurements of stray current or voltage, except the utility 31 may advise the dairy producer as to recommended on-farm 32 remedial action and may perform such on-farm remedial action 33 with the permission of the dairy producer. The utility or its 34 representative shall abide by the dairy farm’s biosecurity 35 -1- LSB 1732YC (1) 85 rn/nh 1/ 4
H.F. _____ protocols or, if none, generally accepted biosecurity protocols 1 in the industry, prior to entry onto the dairy farm. The 2 utility shall be provided advance notice of any biosecurity 3 protocols adopted by the dairy producer. 4 b. A dairy producer may include with the notice provided 5 pursuant to subsection 1, or in a subsequent notice, a written 6 request for the board to take or arrange for the taking of 7 separate and independent measurements to identify the existence 8 and magnitude of stray current or voltage, if any. Such a 9 request may also be made by the utility. Measurements by 10 the board shall be taken by a representative of the board 11 directly, or by a neutral third-party expert selected by the 12 board for such purposes. A dairy producer providing notice 13 of the claim shall permit entry onto the dairy farm at dates 14 and times mutually agreed upon by the dairy producer and 15 the board, a representative of the board directly, or by a 16 neutral third-party expert selected by the board for such 17 purposes. The board or a selected third-party expert shall 18 perform no other service or inspection on the dairy farm beyond 19 taking measurements of stray current or voltage, except the 20 board or third-party expert may advise the dairy producer as 21 to recommended on-farm remedial action. The board or the 22 third-party expert shall abide by the dairy farm’s biosecurity 23 protocols or, if none, by generally accepted biosecurity 24 protocols in the industry, prior to entry onto the dairy farm. 25 The board shall be provided advance notice of any biosecurity 26 protocols adopted by the dairy producer. The board shall 27 subsequently prepare or cause to be prepared a determination of 28 source document which shall be made available to both the dairy 29 producer and the utility. 30 Sec. 3. NEW SECTION . 476D.3 Rules. 31 The board shall by rule establish procedures and protocols 32 to be used for the measurement of stray current or voltage. 33 The board shall review the rules from time to time, or upon 34 petition to the board, to ensure that the procedures and 35 -2- LSB 1732YC (1) 85 rn/nh 2/ 4
H.F. _____ protocols continue to be scientifically and technologically 1 accurate and a reliable means of detecting stray current or 2 voltage. 3 EXPLANATION 4 This bill specifies procedures which apply to claims 5 asserting stray electric current or voltage affecting dairy 6 cows. 7 The bill provides that a dairy producer in Iowa claiming that 8 its dairy cows are being affected by stray current or voltage 9 shall provide written notice to a utility providing electric 10 service to the dairy producer and may provide written notice to 11 the utilities board of the utilities division of the department 12 of commerce. The notice shall include a nonbinding statement 13 as to why the dairy producer claims its dairy cows are being 14 affected by electrical energy attributable to the utility. The 15 bill states that within 14 business days after receipt of the 16 notice, the utility shall take or arrange for the taking of 17 measurements to identify the existence and magnitude of the 18 stray current or voltage, if any. The bill provides that the 19 dairy producer shall permit entry onto the dairy farm at dates 20 and times mutually agreed upon by the dairy producer and the 21 utility. The utility is required to perform no other service 22 or inspection on the dairy farm beyond taking measurements of 23 stray current or voltage, except the utility may advise the 24 dairy producer as to recommended on-farm remedial action and 25 may perform such on-farm remedial action with the permission 26 of the dairy producer. The bill provides that the utility or 27 its representative shall abide by the dairy farm’s biosecurity 28 protocols or, if none, generally accepted biosecurity protocols 29 in the industry, prior to entry onto the dairy farm, and that 30 the utility shall be provided advance notice of any biosecurity 31 protocols adopted by the dairy producer. 32 The bill further provides that the dairy producer may 33 include either as part of the notice or in a separate 34 notification a written request for the board to take or arrange 35 -3- LSB 1732YC (1) 85 rn/nh 3/ 4
H.F. _____ for the taking of separate and independent measurements to 1 identify the existence and magnitude of stray current or 2 voltage, if any, and that such a request may also be made 3 by the utility. Measurements by the board shall be taken 4 by a representative of the board directly, or by a neutral 5 third-party expert selected by the board for such purposes. 6 The bill specifies that a dairy producer shall permit entry 7 onto the dairy farm at dates and times mutually agreed upon 8 by the dairy producer and the board, a representative of the 9 board directly, or by a neutral third-party expert selected 10 by the board for such purposes. The same restrictions shall 11 apply to measurements taken by the board or a third-party 12 expert with regard to performing no other service or inspection 13 beyond taking measurements of stray current or voltage except 14 providing advice as to recommended on-farm remedial action, 15 and biosecurity protocols. The bill directs the board to 16 subsequently prepare or cause to be prepared a determination of 17 source document which shall be made available to both the dairy 18 producer and the utility. 19 The bill provides that the board shall by rule establish 20 procedures and protocols to be used for the measurement of 21 stray current or voltage, which the board shall periodically 22 review, either of its own accord or upon petition to the board, 23 to ensure that the procedures and protocols continue to be 24 scientifically and technologically accurate and a reliable 25 means of detecting stray current or voltage. 26 -4- LSB 1732YC (1) 85 rn/nh 4/ 4