2005 Legislation
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HOUSE BILL NO. 214 – Stray current/voltage remediation

HOUSE BILL NO. 214

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Bill Status



H0214aa....................................................by STATE AFFAIRS
STRAY CURRENT AND VOLTAGE - Adds to existing law relating to stray current
and voltage to require the Idaho Public Utilities Commission to promulgate
certain rules; to provide for the review and revision of promulgated rules;
to provide for claims; to provide for response by utilities; to provide for
the exclusive initial jurisdiction of the commission, post-hearing
commission requirements and orders; to provide for civil actions and
damages; and to limit claims.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to St Aff
02/23    Rpt out - to Gen Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bradford, Field(18), Sali
    Floor Sponsor - Edmunson
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to St Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 29-0-5, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee,
      McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet
      NAYS -- None
      Absent and excused -- Burtenshaw, Coiner, Malepeai, Werk, Williams,
      (District 21 seat vacant)
    Floor Sponsor - McKenzie
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/28    Governor signed
         Session Law Chapter 189
         Effective: 03/28/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 214
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STRAY CURRENT AND VOLTAGE; AMENDING TITLE 61, IDAHO CODE,  BY  THE
  3        ADDITION  OF A NEW CHAPTER 8, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE
  4        FINDINGS AND PURPOSES, TO DEFINE TERMS, TO REQUIRE THE IDAHO PUBLIC UTILI-
  5        TIES COMMISSION TO PROMULGATE CERTAIN RULES, TO  PROVIDE  FOR  CLAIMS,  TO
  6        REQUIRE  CERTAIN NOTICES AND TO PROVIDE FOR RESPONSE BY UTILITIES, TO PRO-
  7        VIDE FOR THE EXCLUSIVE INITIAL JURISDICTION OF THE COMMISSION, TO  SPECIFY
  8        POST-HEARING COMMISSION REQUIREMENTS, TO PROVIDE FOR COMMISSION ORDERS AND
  9        TO  SPECIFY  CONDITIONS RELATING TO COMMENCEMENT OF CERTAIN CIVIL ACTIONS,
 10        TO PROVIDE FOR THE APPLICATION OF COMMISSION RULES OF PRACTICE AND  PROCE-
 11        DURE,  TO  PROVIDE  FOR CIVIL ACTIONS, TO PROVIDE FOR DAMAGES AND TO LIMIT
 12        CLAIMS; AND DECLARING AN EMERGENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Title 61, Idaho Code, be, and the same is hereby  amended
 15    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 16    ter 8, Title 61, Idaho Code, and to read as follows:
                                                                        
 17                                      CHAPTER 8
 18                      STRAY CURRENT AND VOLTAGE REMEDIATION ACT
                                                                        
 19        61-801.  LEGISLATIVE FINDINGS AND PURPOSES. The legislature of  the  state
 20    of  Idaho  finds  that  the  efficient and safe distribution of electricity is
 21    critical to the well-being of the citizens  and  the  economy  of  the  state,
 22    including  the  business  of agriculture, and that this enactment is necessary
 23    for the protection of the public welfare and  benefit.  The  legislature  also
 24    finds that the potential impact of stray current or voltage on dairy cows is a
 25    matter  of  interest and concern to dairy producers with dairies situated near
 26    and served by a multi-grounded wye electrical distribution  system,  which  is
 27    the  type  of  distribution system used by utilities in this state. Scientific
 28    research has established a level of stray current  or  voltage,  at  or  below
 29    which  no effect on a dairy cow's behavior, health or milk production has been
 30    shown. To provide for the continued, safe and efficient availability of  elec-
 31    tricity  while addressing complaints regarding stray current or voltage, it is
 32    necessary and appropriate to: establish a  uniform  preventive  action  level;
 33    establish  uniform  procedures and protocols for measurements of stray current
 34    or voltage; require, when necessary, that the  sources  of  stray  current  or
 35    voltage  be  identified;  require,  when  necessary, adequate remediation; and
 36    establish procedures for handling complaints.
                                                                        
 37        61-802.  DEFINITIONS. As used in this chapter, unless the  context  other-
 38    wise requires:
 39        (1)  "Adequate  remediation"  means  corrective  action by a utility which
 40    results in, and is reasonably likely to sustain, a reduction of stray  current
 41    or  voltage attributable to the utility's distribution system of fifty percent
                                                                        
                                           2
                                                                        
  1    (50%) or less of the preventive action level.
  2        (2)  "Commission" means the Idaho public utilities  commission  as  estab-
  3    lished pursuant to section 61-201, Idaho Code.
  4        (3)  "Cow contact points" means any two (2) electrically conductive points
  5    which  a  dairy  cow  may, in its normal environment, unavoidably and simulta-
  6    neously contact.
  7        (4)  "Preventive action level" is stray current or voltage that is either:
  8        (a)  A steady-state, root mean square (rms), alternating current  (AC)  of
  9        2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow
 10        contact points, as measured by a true rms meter; or
 11        (b)  A steady-state, rms, AC voltage of 1.0 volts or more, across (in par-
 12        allel  with)  a  500 ohm resistor connected between cow contact points, as
 13        measured by a true rms meter.
 14        (5)  "Steady-state" is the value of a current or voltage after  an  amount
 15    of time where all transients have decayed to a negligible value.
 16        (6)  "Stray current or voltage" is:
 17        (a)  Any  steady-state,  60 hertz (Hz) (including harmonics thereof), root
 18        mean square (rms), alternating current (AC) of less than 20 milliamp  (mA)
 19        through  a  500 ohm resistor connected between cow contact points, as mea-
 20        sured by a true rms meter; or
 21        (b)  Any steady-state, 60 Hz (including harmonics thereof), rms, AC  volt-
 22        age  of  less  than 10 volts, across (in parallel with) a 500 ohm resistor
 23        connected between cow contact points, as measured by  a  true  rms  meter.
 24        Stray  current  or voltage is a normal, inherent and unavoidable result of
 25        electricity traveling through grounded  electrical  systems,  including  a
 26        dairy producer's on-farm system and a utility's distribution system, which
 27        systems  are  required  by  the  national electrical code and the national
 28        electrical safety code to be grounded to the earth  to  ensure  continuous
 29        safety and reliability.
 30        (7)  "Utility" means a public utility as defined in section 61-332A, Idaho
 31    Code.
                                                                        
 32        61-803.  RULES.  Within six (6) months of the effective date of this chap-
 33    ter, the commission shall  promulgate  temporary  rules  and  proposed  rules,
 34    referred  to  collectively in this chapter as "commission rules," establishing
 35    uniform procedures and protocols for the measurement of stray current or volt-
 36    age. Any measurements of stray current or voltage not made in compliance  with
 37    commission  rules  shall be inadmissible before the commission or in any civil
 38    action. The commission rules shall be applicable to  dairy  producers,  utili-
 39    ties,  and  all  persons or entities involved in any way in the measurement or
 40    remediation of stray current or voltage in this state.
                                                                        
 41        61-804.  CLAIM -- NOTICE -- RESPONSE OF UTILITY.  Any  dairy  producer  in
 42    this  state  who  claims that its dairy cows are being affected by any form or
 43    type of electrical energy allegedly attributable to a utility including, with-
 44    out limitation, stray current or voltage, shall, as a condition  precedent  to
 45    commencing  any  civil  action  against  the  utility,  provide written notice
 46    thereof to the utility. The  notice  shall  specify  why  the  dairy  producer
 47    believes  its  dairy cows are being affected by electrical energy attributable
 48    to the utility. Within fourteen (14) days of receipt of such notice, the util-
 49    ity shall take measurements at cow contact  points  at  the  dairy  producer's
 50    dairy  to identify the existence and magnitude of stray current or voltage, if
 51    any. If the utility finds a level of stray current or voltage at  cow  contact
 52    points  in excess of the preventive action level, the utility shall thereafter
 53    promptly identify that portion, if any, of the stray current or  voltage  that
                                                                        
                                           3
                                                                        
  1    is  attributable  to the utility's distribution system. If that portion of the
  2    stray current  or voltage at cow contact points attributable to the  utility's
  3    distribution  system  exceeds  fifty  percent  (50%)  of the preventive action
  4    level, the utility shall, within five (5) business days,  commence  and  dili-
  5    gently  pursue  to completion, remedial procedures which shall reduce, and are
  6    reasonably likely to sustain, that portion of the stray current or voltage  at
  7    cow  contact points attributable to the utility's distribution system to fifty
  8    percent (50%) or less of the preventive action level.
                                                                        
  9        61-805.  COMMISSION -- JURISDICTION -- ORDERS. The commission  shall  have
 10    exclusive,  initial  jurisdiction  to determine whether a utility has complied
 11    with the commission rules regarding measurement of stray current  or  voltage;
 12    whether the utility's measurements demonstrated stray current or voltage at or
 13    above the preventive action level; whether the utility has properly identified
 14    that  portion  of the stray current or voltage at cow contact points attribut-
 15    able to the utility's distribution system; and whether the  utility  has  com-
 16    plied with its remediation obligation under this chapter.
 17        (1)  If,  after  hearing,  the  commission determines that (a) the utility
 18    complied with the commission rules regarding measurement of stray  current  or
 19    voltage,  and  (b) the utility properly identified no stray current or voltage
 20    in excess of the preventive action level, then the commission shall  issue  an
 21    order  that  the  utility  has  provided  adequate service pursuant to section
 22    61-302, Idaho Code. The commission's order thereon shall  be  binding  on  the
 23    parties, subject only to the provisions of section 61-807, Idaho Code.
 24        (2)  If,  after  hearing,  the  commission determines that (a) the utility
 25    complied with the commission rules regarding measurement of stray  current  or
 26    voltage,  (b)  the  utility  properly  identified  stray current or voltage in
 27    excess of the preventive action level, and (c) the utility properly identified
 28    that the portion of stray current or voltage  attributable  to  the  utility's
 29    distribution  system  was fifty percent (50%) or less of the preventive action
 30    level, then the commission shall issue an order that the utility provided ade-
 31    quate service pursuant to section 61-302, Idaho Code. The  commission's  order
 32    thereon  shall  be  binding  on the parties, subject only to the provisions of
 33    section 61-807, Idaho Code.
 34        (3)  If, after hearing, the commission determines  that  (a)  the  utility
 35    complied  with  the commission rules regarding measurement of stray current or
 36    voltage, (b) the utility properly  identified  stray  current  or  voltage  in
 37    excess of the preventive action level, and (c) the utility properly identified
 38    that  the  portion  of  stray current or voltage attributable to the utility's
 39    distribution system exceeded fifty percent  (50%)  of  the  preventive  action
 40    level,  then  the  commission  shall  thereafter determine the adequacy of the
 41    utility's remediation efforts. The commission's order thereon shall be binding
 42    on the parties, subject only to the provisions of section 61-807, Idaho  Code.
 43    If  the  dairy  producer  has complied with the notice provisions set forth in
 44    section 61-804, Idaho Code, and the commission has made a  determination  that
 45    the  conditions  set forth in this subsection are met, then the dairy producer
 46    may, not later than one (1) year following completion of adequate remediation,
 47    or one (1) year  following  the  issuance  of  the  commission's  final  order
 48    thereon, whichever occurs later, commence a civil action seeking monetary dam-
 49    ages  against  the utility. In any such civil action, damages shall be limited
 50    as set forth in section 61-808, Idaho Code.
 51        (4)  If, after hearing, the commission determines  that  (a)  the  utility
 52    failed to comply with the commission rules regarding measurement of stray cur-
 53    rent  or  voltage,  (b) the utility failed to properly identify, when required
 54    pursuant to section 61-804, Idaho Code, to do so, that portion of  stray  cur-
                                                                        
                                           4
                                                                        
  1    rent or voltage attributable to the utility's distribution system,  or (c) the
  2    utility  failed  to  provide  adequate  remediation, then the commission shall
  3    order the utility to take measurements of stray current or voltage in  confor-
  4    mance  with commission rules, or identify that portion of the stray current or
  5    voltage attributable to the utility's distribution system and,  if  necessary,
  6    to provide adequate remediation. The commission's order thereon shall be bind-
  7    ing  on  the  parties, subject only to the provisions of section 61-807, Idaho
  8    Code. If the dairy producer complied with the notice provisions set  forth  in
  9    section  61-804,  Idaho Code, and the commission made a determination that the
 10    portion of stray current or voltage attributable to the utility's distribution
 11    system exceeded fifty percent (50%) of the preventive action level,  then  the
 12    dairy  producer  may, not later than one (1) year following completion of ade-
 13    quate remediation, or one (1) year following the issuance of the  commission's
 14    final  order  thereon, whichever occurs later, commence a civil action seeking
 15    monetary damages against the utility. In any such civil action, damages  shall
 16    be limited as set forth in section 61-808, Idaho Code.
 17        (5)  If  after  hearing,  the  commission determines that a dairy producer
 18    made or pursued a claim in bad faith or for  purposes  of  harassment  of  the
 19    utility,  the commission shall require the dairy producer to pay the utility's
 20    actual costs of investigation and defense. If, after hearing,  the  commission
 21    determines that a utility acted in bad faith, or for purposes of harassment or
 22    delay,  the  commission  shall require the utility to pay the dairy producer's
 23    actual costs of investigation, if any, and preparation and presentation of the
 24    claim before the commission. The commission's order thereon shall  be  binding
 25    on the parties, subject only to the provisions of section 61-807, Idaho Code.
                                                                        
 26        61-806.  COMMISSION  --  RULES  OF  PRACTICE AND PROCEDURE. In all matters
 27    arising under this chapter which are submitted to the commission for decision,
 28    order or review, procedure shall be governed by the commission rules of  prac-
 29    tice and procedure.
                                                                        
 30        61-807.  CIVIL  ACTIONS.  No civil action may be commenced by a dairy pro-
 31    ducer against a utility seeking damages  or  other  relief  allegedly  due  to
 32    injury  caused  by stray current or voltage unless the dairy producer has com-
 33    plied with the provisions of section 61-804, Idaho Code,  and  the  commission
 34    has  issued  an  order  pursuant  to  section 61-805, Idaho Code. In any civil
 35    action against a utility for damages or other relief, after the dairy producer
 36    has complied with the provisions of section 61-804, Idaho Code, and  the  com-
 37    mission  has  issued  an  order  pursuant  to  section 61-805, Idaho Code, the
 38    commission's order shall be admissible in evidence in such civil  action,  and
 39    any factual findings of the commission shall, subject to rebuttal, be presumed
 40    by the trier of fact to be valid.
                                                                        
 41        61-808.  DAMAGES. In any civil action against a utility for damages pursu-
 42    ant  to this chapter, a dairy producer shall be limited to those damages which
 43    (a) were incurred by the dairy producer during that period of time  commencing
 44    six  (6) months prior to the dairy producer's provision of notice to the util-
 45    ity and ending on the date of completion of adequate remediation, and (b) were
 46    caused by that portion of the stray current or  voltage  attributable  to  the
 47    utility's distribution system.
                                                                        
 48        61-809.  LIMITATION  OF  CLAIMS.  No  claim  for  nuisance may be asserted
 49    against a utility for damages due to stray current or voltage. Claims  against
 50    a  utility  for  damages  due  to stray current or voltage shall be limited to
 51    claims of negligence, including in the case of a prior  determination  of  the
                                                                        
                                           5
                                                                        
  1    commission  pursuant  to subsections (3) or (4) of section 61-805, Idaho Code,
  2    negligence per se. In determining  whether  the  utility  was  negligent,  the
  3    utility's  conduct shall be judged using a standard of ordinary care under the
  4    existing circumstances.
                                                                        
  5        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
  6    declared to exist, this act shall be in full force and effect on and after its
  7    passage and approval.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                 First Regular Session - 2005
                                                                        
                                                                        
                                                        Moved by    Loertscher       
                                                                        
                                                        Seconded by Edmunson         
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 214
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, in line 36, following "age."  insert:  "The
  3    commission  shall  review the rules from time to time, or upon petition to the
  4    commission, to ensure that the uniform procedures and protocols continue to be
  5    the most scientifically and technologically accurate  and  reliable  means  of
  6    detecting  stray  current  or voltage. If the commission determines that it is
  7    appropriate to revise the rules because of advances in science or  technology,
  8    it  is encouraged to do so by the adoption of temporary rules which would con-
  9    fer a benefit on utilities and dairy producers by making better science avail-
 10    able for the measurement of stray current or voltage."; on page 4, in line 38,
 11    delete "action, and"; delete lines 39 and 40 and  insert:  "action.";  and  in
 12    line 44, delete "six (6)" and insert: "twelve (12)".
                                                                        
 13                                 CORRECTION TO TITLE
 14        On  page  1,  in  line  5,  following "RULES," insert: "TO PROVIDE FOR THE
 15    REVIEW AND REVISION OF PROMULGATED RULES,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 214, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STRAY CURRENT AND VOLTAGE; AMENDING TITLE 61, IDAHO CODE,  BY  THE
  3        ADDITION  OF A NEW CHAPTER 8, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE
  4        FINDINGS AND PURPOSES, TO DEFINE TERMS, TO REQUIRE THE IDAHO PUBLIC UTILI-
  5        TIES COMMISSION TO PROMULGATE CERTAIN RULES, TO PROVIDE FOR THE REVIEW AND
  6        REVISION OF PROMULGATED RULES, TO PROVIDE FOR CLAIMS, TO  REQUIRE  CERTAIN
  7        NOTICES  AND  TO  PROVIDE  FOR  RESPONSE  BY UTILITIES, TO PROVIDE FOR THE
  8        EXCLUSIVE INITIAL JURISDICTION OF THE COMMISSION, TO SPECIFY  POST-HEARING
  9        COMMISSION  REQUIREMENTS,  TO PROVIDE FOR COMMISSION ORDERS AND TO SPECIFY
 10        CONDITIONS RELATING TO COMMENCEMENT OF CERTAIN CIVIL ACTIONS,  TO  PROVIDE
 11        FOR THE APPLICATION OF COMMISSION RULES OF PRACTICE AND PROCEDURE, TO PRO-
 12        VIDE  FOR  CIVIL  ACTIONS, TO PROVIDE FOR DAMAGES AND TO LIMIT CLAIMS; AND
 13        DECLARING AN EMERGENCY.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Title 61, Idaho Code, be, and the same is hereby  amended
 16    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 17    ter 8, Title 61, Idaho Code, and to read as follows:
                                                                        
 18                                      CHAPTER 8
 19                      STRAY CURRENT AND VOLTAGE REMEDIATION ACT
                                                                        
 20        61-801.  LEGISLATIVE FINDINGS AND PURPOSES. The legislature of  the  state
 21    of  Idaho  finds  that  the  efficient and safe distribution of electricity is
 22    critical to the well-being of the citizens  and  the  economy  of  the  state,
 23    including  the  business  of agriculture, and that this enactment is necessary
 24    for the protection of the public welfare and  benefit.  The  legislature  also
 25    finds that the potential impact of stray current or voltage on dairy cows is a
 26    matter  of  interest and concern to dairy producers with dairies situated near
 27    and served by a multi-grounded wye electrical distribution  system,  which  is
 28    the  type  of  distribution system used by utilities in this state. Scientific
 29    research has established a level of stray current  or  voltage,  at  or  below
 30    which  no effect on a dairy cow's behavior, health or milk production has been
 31    shown. To provide for the continued, safe and efficient availability of  elec-
 32    tricity  while addressing complaints regarding stray current or voltage, it is
 33    necessary and appropriate to: establish a  uniform  preventive  action  level;
 34    establish  uniform  procedures and protocols for measurements of stray current
 35    or voltage; require, when necessary, that the  sources  of  stray  current  or
 36    voltage  be  identified;  require,  when  necessary, adequate remediation; and
 37    establish procedures for handling complaints.
                                                                        
 38        61-802.  DEFINITIONS. As used in this chapter, unless the  context  other-
 39    wise requires:
 40        (1)  "Adequate  remediation"  means  corrective  action by a utility which
 41    results in, and is reasonably likely to sustain, a reduction of stray  current
                                                                        
                                           2
                                                                        
  1    or  voltage attributable to the utility's distribution system of fifty percent
  2    (50%) or less of the preventive action level.
  3        (2)  "Commission" means the Idaho public utilities  commission  as  estab-
  4    lished pursuant to section 61-201, Idaho Code.
  5        (3)  "Cow contact points" means any two (2) electrically conductive points
  6    which  a  dairy  cow  may, in its normal environment, unavoidably and simulta-
  7    neously contact.
  8        (4)  "Preventive action level" is stray current or voltage that is either:
  9        (a)  A steady-state, root mean square (rms), alternating current  (AC)  of
 10        2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow
 11        contact points, as measured by a true rms meter; or
 12        (b)  A steady-state, rms, AC voltage of 1.0 volts or more, across (in par-
 13        allel  with)  a  500 ohm resistor connected between cow contact points, as
 14        measured by a true rms meter.
 15        (5)  "Steady-state" is the value of a current or voltage after  an  amount
 16    of time where all transients have decayed to a negligible value.
 17        (6)  "Stray current or voltage" is:
 18        (a)  Any  steady-state,  60 hertz (Hz) (including harmonics thereof), root
 19        mean square (rms), alternating current (AC) of less than 20 milliamp  (mA)
 20        through  a  500 ohm resistor connected between cow contact points, as mea-
 21        sured by a true rms meter; or
 22        (b)  Any steady-state, 60 Hz (including harmonics thereof), rms, AC  volt-
 23        age  of  less  than 10 volts, across (in parallel with) a 500 ohm resistor
 24        connected between cow contact points, as measured by  a  true  rms  meter.
 25        Stray  current  or voltage is a normal, inherent and unavoidable result of
 26        electricity traveling through grounded  electrical  systems,  including  a
 27        dairy producer's on-farm system and a utility's distribution system, which
 28        systems  are  required  by  the  national electrical code and the national
 29        electrical safety code to be grounded to the earth  to  ensure  continuous
 30        safety and reliability.
 31        (7)  "Utility" means a public utility as defined in section 61-332A, Idaho
 32    Code.
                                                                        
 33        61-803.  RULES.  Within six (6) months of the effective date of this chap-
 34    ter, the commission shall  promulgate  temporary  rules  and  proposed  rules,
 35    referred  to  collectively in this chapter as "commission rules," establishing
 36    uniform procedures and protocols for the measurement of stray current or volt-
 37    age. The commission shall review the rules from time to time, or upon petition
 38    to the commission, to ensure that the uniform procedures  and  protocols  con-
 39    tinue  to be the most scientifically and technologically accurate and reliable
 40    means of detecting stray current or voltage. If the commission determines that
 41    it is appropriate to revise the rules because of advances in science or  tech-
 42    nology,  it  is  encouraged  to do so by the adoption of temporary rules which
 43    would confer a benefit on utilities and dairy producers by making better  sci-
 44    ence  available  for the measurement of stray current or voltage. Any measure-
 45    ments of stray current or voltage not made in compliance with commission rules
 46    shall be inadmissible before the commission or in any civil action.  The  com-
 47    mission  rules shall be applicable to dairy producers, utilities, and all per-
 48    sons or entities involved in any way in  the  measurement  or  remediation  of
 49    stray current or voltage in this state.
                                                                        
 50        61-804.  CLAIM  --  NOTICE  --  RESPONSE OF UTILITY. Any dairy producer in
 51    this state who claims that its dairy cows are being affected by  any  form  or
 52    type of electrical energy allegedly attributable to a utility including, with-
 53    out  limitation,  stray current or voltage, shall, as a condition precedent to
                                                                        
                                           3
                                                                        
  1    commencing any civil  action  against  the  utility,  provide  written  notice
  2    thereof  to  the  utility.  The  notice  shall  specify why the dairy producer
  3    believes its dairy cows are being affected by electrical  energy  attributable
  4    to the utility. Within fourteen (14) days of receipt of such notice, the util-
  5    ity  shall  take  measurements  at  cow contact points at the dairy producer's
  6    dairy to identify the existence and magnitude of stray current or voltage,  if
  7    any.  If  the utility finds a level of stray current or voltage at cow contact
  8    points in excess of the preventive action level, the utility shall  thereafter
  9    promptly  identify  that portion, if any, of the stray current or voltage that
 10    is attributable to the utility's distribution system. If that portion  of  the
 11    stray  current  or voltage at cow contact points attributable to the utility's
 12    distribution system exceeds fifty  percent  (50%)  of  the  preventive  action
 13    level,  the  utility  shall, within five (5) business days, commence and dili-
 14    gently pursue to completion, remedial procedures which shall reduce,  and  are
 15    reasonably  likely to sustain, that portion of the stray current or voltage at
 16    cow contact points attributable to the utility's distribution system to  fifty
 17    percent (50%) or less of the preventive action level.
                                                                        
 18        61-805.  COMMISSION  --  JURISDICTION -- ORDERS. The commission shall have
 19    exclusive, initial jurisdiction to determine whether a  utility  has  complied
 20    with  the  commission rules regarding measurement of stray current or voltage;
 21    whether the utility's measurements demonstrated stray current or voltage at or
 22    above the preventive action level; whether the utility has properly identified
 23    that portion of the stray current or voltage at cow contact  points  attribut-
 24    able  to  the  utility's distribution system; and whether the utility has com-
 25    plied with its remediation obligation under this chapter.
 26        (1)  If, after hearing, the commission determines  that  (a)  the  utility
 27    complied  with  the commission rules regarding measurement of stray current or
 28    voltage, and (b) the utility properly identified no stray current  or  voltage
 29    in  excess  of the preventive action level, then the commission shall issue an
 30    order that the utility has  provided  adequate  service  pursuant  to  section
 31    61-302,  Idaho  Code.  The  commission's order thereon shall be binding on the
 32    parties, subject only to the provisions of section 61-807, Idaho Code.
 33        (2)  If, after hearing, the commission determines  that  (a)  the  utility
 34    complied  with  the commission rules regarding measurement of stray current or
 35    voltage, (b) the utility properly  identified  stray  current  or  voltage  in
 36    excess of the preventive action level, and (c) the utility properly identified
 37    that  the  portion  of  stray current or voltage attributable to the utility's
 38    distribution system was fifty percent (50%) or less of the  preventive  action
 39    level, then the commission shall issue an order that the utility provided ade-
 40    quate  service  pursuant to section 61-302, Idaho Code. The commission's order
 41    thereon shall be binding on the parties, subject only  to  the  provisions  of
 42    section 61-807, Idaho Code.
 43        (3)  If,  after  hearing,  the  commission determines that (a) the utility
 44    complied with the commission rules regarding measurement of stray  current  or
 45    voltage,  (b)  the  utility  properly  identified  stray current or voltage in
 46    excess of the preventive action level, and (c) the utility properly identified
 47    that the portion of stray current or voltage  attributable  to  the  utility's
 48    distribution  system  exceeded  fifty  percent  (50%) of the preventive action
 49    level, then the commission shall thereafter  determine  the  adequacy  of  the
 50    utility's remediation efforts. The commission's order thereon shall be binding
 51    on  the parties, subject only to the provisions of section 61-807, Idaho Code.
 52    If the dairy producer has complied with the notice  provisions  set  forth  in
 53    section  61-804,  Idaho Code, and the commission has made a determination that
 54    the conditions set forth in this subsection are met, then the  dairy  producer
                                                                        
                                           4
                                                                        
  1    may, not later than one (1) year following completion of adequate remediation,
  2    or  one  (1)  year  following  the  issuance  of  the commission's final order
  3    thereon, whichever occurs later, commence a civil action seeking monetary dam-
  4    ages against the utility. In any such civil action, damages shall  be  limited
  5    as set forth in section 61-808, Idaho Code.
  6        (4)  If,  after  hearing,  the  commission determines that (a) the utility
  7    failed to comply with the commission rules regarding measurement of stray cur-
  8    rent or voltage, (b) the utility failed to properly  identify,  when  required
  9    pursuant  to  section 61-804, Idaho Code, to do so, that portion of stray cur-
 10    rent or voltage attributable to the utility's distribution system,  or (c) the
 11    utility failed to provide adequate  remediation,  then  the  commission  shall
 12    order  the utility to take measurements of stray current or voltage in confor-
 13    mance with commission rules, or identify that portion of the stray current  or
 14    voltage  attributable  to the utility's distribution system and, if necessary,
 15    to provide adequate remediation. The commission's order thereon shall be bind-
 16    ing on the parties, subject only to the provisions of  section  61-807,  Idaho
 17    Code.  If  the dairy producer complied with the notice provisions set forth in
 18    section 61-804, Idaho Code, and the commission made a determination  that  the
 19    portion of stray current or voltage attributable to the utility's distribution
 20    system  exceeded  fifty percent (50%) of the preventive action level, then the
 21    dairy producer may, not later than one (1) year following completion  of  ade-
 22    quate  remediation, or one (1) year following the issuance of the commission's
 23    final order thereon, whichever occurs later, commence a civil  action  seeking
 24    monetary  damages against the utility. In any such civil action, damages shall
 25    be limited as set forth in section 61-808, Idaho Code.
 26        (5)  If after hearing, the commission determines  that  a  dairy  producer
 27    made  or  pursued  a  claim  in bad faith or for purposes of harassment of the
 28    utility, the commission shall require the dairy producer to pay the  utility's
 29    actual  costs  of investigation and defense. If, after hearing, the commission
 30    determines that a utility acted in bad faith, or for purposes of harassment or
 31    delay, the commission shall require the utility to pay  the  dairy  producer's
 32    actual costs of investigation, if any, and preparation and presentation of the
 33    claim  before  the commission. The commission's order thereon shall be binding
 34    on the parties, subject only to the provisions of section 61-807, Idaho Code.
                                                                        
 35        61-806.  COMMISSION -- RULES OF PRACTICE AND  PROCEDURE.  In  all  matters
 36    arising under this chapter which are submitted to the commission for decision,
 37    order  or review, procedure shall be governed by the commission rules of prac-
 38    tice and procedure.
                                                                        
 39        61-807.  CIVIL ACTIONS. No civil action may be commenced by a  dairy  pro-
 40    ducer  against  a  utility  seeking  damages  or other relief allegedly due to
 41    injury caused by stray current or voltage unless the dairy producer  has  com-
 42    plied  with  the  provisions of section 61-804, Idaho Code, and the commission
 43    has issued an order pursuant to section  61-805,  Idaho  Code.  In  any  civil
 44    action against a utility for damages or other relief, after the dairy producer
 45    has  complied  with the provisions of section 61-804, Idaho Code, and the com-
 46    mission has issued an order  pursuant  to  section  61-805,  Idaho  Code,  the
 47    commission's order shall be admissible in evidence in such civil action.
                                                                        
 48        61-808.  DAMAGES. In any civil action against a utility for damages pursu-
 49    ant  to this chapter, a dairy producer shall be limited to those damages which
 50    (a) were incurred by the dairy producer during that period of time  commencing
 51    twelve  (12)  months  prior to the dairy producer's provision of notice to the
 52    utility and ending on the date of completion of adequate remediation, and  (b)
                                                                        
                                           5
                                                                        
  1    were  caused  by  that portion of the stray current or voltage attributable to
  2    the utility's distribution system.
                                                                        
  3        61-809.  LIMITATION OF CLAIMS. No  claim  for  nuisance  may  be  asserted
  4    against  a utility for damages due to stray current or voltage. Claims against
  5    a utility for damages due to stray current or  voltage  shall  be  limited  to
  6    claims  of  negligence,  including in the case of a prior determination of the
  7    commission pursuant to subsections (3) or (4) of section 61-805,  Idaho  Code,
  8    negligence  per  se.  In  determining  whether  the utility was negligent, the
  9    utility's conduct shall be judged using a standard of ordinary care under  the
 10    existing circumstances.
                                                                        
 11        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 12    declared to exist, this act shall be in full force and effect on and after its
 13    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14989

This legislation establishes, for public utilities regulated
by the Idaho Public Utilities Commission, a preventative action
level for stray current or voltage which may affect dairy cows
and requires the Idaho Public Utilities Commission to develop and
adopt a standardized protocol which includes the preventative
action level for use by all persons and entities to measure,
investigate and, if necessary, remediate stray current or voltage
on dairy farms.  Compliance with the standardized protocol
regarding measurement, investigation and remediation adopted by
the Idaho Public Utilities Commission shall constitute the
providing of adequate service by a public utility regulated by
the Commission.
     
Any party aggrieved by a determination of the Commission may
pursue a civil action in which Commission findings will be
admissible and presumed valid. Civil actions against regulated
utilities for damages due to stray current or voltage are limited
to negligence and negligence per se actions wherein the ordinary
care under existing circumstances standard applies.  This
legislation limits the time within which damages actions must be
filed and the time frame over which damages may accrue and
further requires timely notice of claims of damages to the
regulated utility. 


                           FISCAL NOTE

There is no impact on the General Fund.  The Idaho Public
Utilities Commission is a self-sufficient regulatory agency which
derives its funding from annual fees assessed against the public
utilities it regulates.  It is likely that the Commission will
require additional funding to perform the additional functions
described in this act.


Contact
Name:  Mr. Rich Hahn, Idaho Power Company 
Phone: 208-388-2513




STATEMENT OF PURPOSE/FISCAL NOTE                     H 214