HSB 178 (LSB 1732YC (1) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE)

A BILL FOR

An Act specifying procedures applicable to claims asserting stray electric current or voltage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  476D.1  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.  “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.
   3.  “Utility” means a public utility as defined in 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. 2.  NEW SECTION.  476D.2  Utility inspections —— stray current or voltage.
   1.  A dairy producer in this state that claims that its dairy cows are being affected by stray current or voltage shall provide written notice to a utility providing electric service to the dairy producer and may provide written notice to the board. 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 on-farm 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 of the claim shall permit entry onto the dairy farm at dates and times mutually agreed upon by the dairy producer and the board, a representative of the board directly, or by a neutral third-party expert selected by the board for such purposes. 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.
    Sec. 3.  NEW SECTION.  476D.3  Rules.
   The board shall by rule establish procedures and protocols to 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 procedures and protocols continue to be scientifically and technologically accurate and a reliable means of detecting stray current or voltage.
EXPLANATION
   This bill specifies procedures which apply to claims asserting stray electric current or voltage affecting dairy cows.
   The bill provides that a dairy producer in Iowa claiming that its dairy cows are being affected by stray current or voltage shall provide written notice to a utility providing electric service to the dairy producer and may provide written notice to the utilities board of the utilities division of the department of commerce. 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. The bill states that within 14 business days after receipt of the notice, 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. The bill provides that the dairy producer shall permit entry onto the dairy farm at dates and times mutually agreed upon by the dairy producer and the utility. The utility is required to 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 on-farm remedial action with the permission of the dairy producer. The bill provides that 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, and that the utility shall be provided advance notice of any biosecurity protocols adopted by the dairy producer.
   The bill further provides that the dairy producer may include either as part of the notice or in a separate notification 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, and that 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. The bill specifies that a dairy producer shall permit entry onto the dairy farm at dates and times mutually agreed upon by the dairy producer and the board, a representative of the board directly, or by a neutral third-party expert selected by the board for such purposes. The same restrictions shall apply to measurements taken by the board or a third-party expert with regard to performing no other service or inspection beyond taking measurements of stray current or voltage except providing advice as to recommended on-farm remedial action, and biosecurity protocols. The bill directs the board to 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.
   The bill provides that the board shall by rule establish procedures and protocols to be used for the measurement of stray current or voltage, which the board shall periodically review, either of its own accord or upon petition to the board, to ensure that the procedures and protocols continue to be scientifically and technologically accurate and a reliable means of detecting stray current or voltage.