Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 318 (2018GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts the Stray Current or Voltage Remediation Act, including:
• providing legislative findings;
• defining terms;
• establishing the scope of the act;
• addressing filing of a notice, testing, and reporting related to stray current and voltage;
• providing for remediation of stray current and voltage under certain circumstances;
• addressing liability;
• requiring review by an interim committee; and
• addressing resolution of disputes.

Every vote on this bill

Bill text

STRAY CURRENT OR VOLTAGE REMEDIATION ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill addresses stray current and voltage.
Highlighted Provisions:
This bill:
▸ enacts the Stray Current or Voltage Remediation Act, including:
• providing legislative findings;
• defining terms;
• establishing the scope of the act;
• addressing filing of a notice, testing, and reporting related to stray current and
voltage;
• providing for remediation of stray current and voltage under certain
circumstances;
• addressing liability;
• requiring review by an interim committee; and
• addressing resolution of disputes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
54-21-101
, Utah Code Annotated 1953
54-21-102
, Utah Code Annotated 1953
54-21-103
, Utah Code Annotated 1953
54-21-201
, Utah Code Annotated 1953
54-21-202
, Utah Code Annotated 1953
54-21-203
, Utah Code Annotated 1953
54-21-204
, Utah Code Annotated 1953
54-21-205
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
54-21-101
 is enacted to read:
CHAPTER 21. STRAY CURRENT OR VOLTAGE REMEDIATION ACT
Part 1. General Provisions
 54-21-101.
Title -- Legislative findings.
(1) This chapter is known as the "Stray Current or Voltage Remediation Act."
 (2) The Legislature finds that:
 (a) to protect livestock and livestock operations, it is necessary and appropriate to
establish an actionable level of stray current and voltage that is safely below any level that is
capable of harming livestock or adversely affecting the behavior, health, or productivity of
livestock;
 (b) the efficient, effective, and safe generation, transmission, and distribution of
electrical energy by electric entities is critical to the well-being of the citizens and the economy
of the state;
 (c) permitting an electric entity to face liability based on a level of stray current or
voltage that is incapable of adversely affecting livestock seriously threatens the efficient,
effective, and safe generation, transmission, and distribution of electrical energy in the state, as
well as the continuing viability of economic activity that depends on electrical energy;
 (d) to guarantee the sufficient availability of efficient, effective, and safe electrical
energy in the state, which requires the continuing operation of electric entities, it is necessary
and appropriate for the Legislature to establish a uniform actionable level for an electric entity
with respect to stray current and voltage and livestock; and
 (e) because the actionable level is set sufficiently below any level that is capable of
adversely affecting the behavior, health, or productivity of livestock, any potential of harm to
livestock from stray current or voltage below this level is highly remote and unexpected.
Section 2. Section 
54-21-102
 is enacted to read:
 54-21-102.
Definitions.
(1) "Actionable level" means stray current or voltage that is:
 (a) a steady-state, root mean square, alternating current (AC) of 2.0 milliamps or more
through a 500 ohm resistor connected between livestock contact points, as measured by a
digital true root mean square meter;
 (b) a steady-state, root mean square AC voltage of 1.0 volt or more across, in parallel
with, a 500 ohm resistor connected between livestock contact points, as measured by a true root
mean square meter;
 (c) a steady-state direct current (DC) of 2.8 milliamps or more through a 500 ohm
resistor connected between livestock contact points, as measured by a digital meter; or
(d) a steady-state DC voltage of 1.4 volts or more across a 500 ohm resistor connected
between livestock contact points, as measured by a digital meter.
(2) "Electric entity" means:
(a) an electrical corporation, independent energy producer, qualifying power producer,
interlocal entity, public agency, or person engaged in generating, furnishing, transmitting,
distributing, or marketing electrical power for public or private use; and
(b) an agent, affiliate, employee, or independent contractor of a person described in
Subsection (2)(a).
(3) "Interlocal entity" means the same as that term is defined in Section 
11-13-103
.
(4) "Livestock" means cattle, swine, sheep, equine, or poultry.
(5) "Livestock contact points" means two electrically conductive points that livestock
may simultaneously contact.
(6) "Livestock operator" means a person who through an agreement with the owner of
livestock has authority and is responsible to oversee the care and well being of the livestock.
(7) "Public agency" means the same as that term is defined in Section 
11-13-103
.
(8) "Qualified testing professional" means an electrical engineer who has:
(a) graduated with an engineering degree from an accredited university;
(b) completed no fewer than 40 hours of relevant stray current or voltage training, with
electric utility experience; and
(c) been involved in at least one prior investigation involving the measurement or
testing of stray current or voltage.
(9) "Root mean square" means:
(a) a measure of the effective energy value of a wave or cycle; and
(b) for regularly shaped alternating current sine waves, a value of 0.707 multiplied by
the peak value of the sine wave.
(10) "Steady-state" means:
(a) for alternating current and AC voltage, a one minute average of root mean square
amperage or voltage values, excluding transients; and
(b) for direct current and DC voltage, a one minute average of amperage or voltage
values excluding transients.
(11) "Transient" means a current or voltage impulse:
(a) lasting less than five thousandths of a second; and
(b) found on all types of electrical, data, and communications circuits.
Section 3. Section 
54-21-103
 is enacted to read:
 54-21-103.
Scope of chapter.
This chapter does not expand or affect the jurisdiction of the commission. An electric
entity is not subject to the jurisdiction of the commission unless made subject to the
jurisdiction of the commission under a statute other than this chapter.
Section 4. Section 
54-21-201
 is enacted to read:
Part 2. Notice and Remedies
 54-21-201.
Notice -- Testing -- Reporting -- Access to property.
(1) A livestock owner or livestock operator shall file a notice with an electric entity as
provided in Subsection (2) if the livestock owner or livestock operator believes that the
livestock owner's or livestock operator's livestock is affected by stray current or voltage that
may be attributable to an electric entity and is seeking a remedy from the electric entity.
 (2) To file a notice, a livestock owner or livestock operator shall provide written notice
to the electric entity that documents:
(a) the address of the livestock owner or livestock operator and the location of the
potential stray current or voltage; and
(b) a description of the claimed impacts of the potential stray current or voltage.
(3) Within 30 days of receipt of notice under Subsection (1), the electric entity shall
provide for testing for stray current or voltage at the location that is the subject of the notice
required by Subsection (2) by a qualified testing professional.
(4) (a) Within 60 days after completion of the tests required to be performed under this
chapter, a qualified testing professional shall prepare a written report. The written report shall
include:
(i) a summary of the tests performed; and
(ii) the data and results from the tests.
(b) The electric entity shall provide a copy of the written report to the livestock owner
or livestock operator who provided notice under Subsection (2).
(5) A livestock owner or livestock operator who provides written notice under
Subsection (2) shall provide reasonable access to the property where alleged stray current or
voltage has occurred to allow testing to be conducted as directed under this section.
Section 5. Section 
54-21-202
 is enacted to read:
 54-21-202.
Plan to reduce or eliminate stray current or voltage.
(1) The procedure described in Subsection (2) shall be followed if, through testing by a
qualified testing professional as described in Section 
54-21-201
, it is determined that the
electric entity's contribution to any stray current or voltage is 50% or more of the actionable
level.
(2) If the conditions of Subsection (1) are met, the electric entity shall diligently pursue
remediation to the electric entity's contribution to any stray current or voltage to less than 50%
of the actionable level within 90 days.
(3) The livestock owner or livestock operator who provides written notice under
Subsection 
54-21-201
(2) shall provide reasonable access for remediation.
Section 6. Section 
54-21-203
 is enacted to read:
 54-21-203.
Liability limitations.
(1) An electric entity may not be held liable for damages or other relief if the claim for
damages or other relief is based on livestock contact with any kind of stray current or voltage
contributed by the electric entity below the actionable level.
(2) There is no presumption of liability if the stray current or voltage is equal to or
greater than the actionable level.
(3) A claim for nuisance may not be asserted against an electric entity for damages due
to stray current or voltage. Claims for stray current or voltage shall be limited to claims of
negligence. The electric entity's conduct shall be evaluated using a standard of ordinary care
under the circumstances.
Section 7. Section 
54-21-204
 is enacted to read:
 54-21-204.
Committee review requirements.
By November 2020 and in three year intervals thereafter, the Public Utilities, Energy,
and Technology Interim Committee shall review industry standards and peer reviewed research
regarding levels of stray current and voltage and impacts to livestock.
Section 8. Section 
54-21-205
 is enacted to read:
 54-21-205.
Disputes.
A dispute under this chapter involving an electric entity shall be resolved as follows:
 (1) if the electric entity is a public utility, in accordance with Section 
54-7-9
; and
 (2) if the electric entity is not a public utility, by filing an action with the district court.