1     
STRAY CURRENT OR VOLTAGE REMEDIATION ACT

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill addresses stray current and voltage.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts the Stray Current or Voltage Remediation Act, including:
13               •     providing legislative findings;
14               •     defining terms;
15               •     establishing the scope of the act;
16               •     addressing filing of a notice, testing, and reporting related to stray current and
17     voltage;
18               •     providing for remediation of stray current and voltage under certain
19     circumstances;
20               •     addressing liability;
21               •     requiring review by an interim committee; and
22               •     addressing resolution of disputes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     ENACTS:
29          54-21-101, Utah Code Annotated 1953
30          54-21-102, Utah Code Annotated 1953
31          54-21-103, Utah Code Annotated 1953
32          54-21-201, Utah Code Annotated 1953
33          54-21-202, Utah Code Annotated 1953
34          54-21-203, Utah Code Annotated 1953
35          54-21-204, Utah Code Annotated 1953
36          54-21-205, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 54-21-101 is enacted to read:
40     
CHAPTER 21. STRAY CURRENT OR VOLTAGE REMEDIATION ACT

41     
Part 1. General Provisions

42          54-21-101. Title -- Legislative findings.
43          (1) This chapter is known as the "Stray Current or Voltage Remediation Act."
44          (2) The Legislature finds that:
45          (a) to protect livestock and livestock operations, it is necessary and appropriate to
46     establish an actionable level of stray current and voltage that is safely below any level that is
47     capable of harming livestock or adversely affecting the behavior, health, or productivity of
48     livestock;

49          (b) the efficient, effective, and safe generation, transmission, and distribution of
50     electrical energy by electric entities is critical to the well-being of the citizens and the economy
51     of the state;

52          (c) permitting an electric entity to face liability based on a level of stray current or
53     voltage that is incapable of adversely affecting livestock seriously threatens the efficient,
54     effective, and safe generation, transmission, and distribution of electrical energy in the state, as
55     well as the continuing viability of economic activity that depends on electrical energy;

56          (d) to guarantee the sufficient availability of efficient, effective, and safe electrical
57     energy in the state, which requires the continuing operation of electric entities, it is necessary
58     and appropriate for the Legislature to establish a uniform actionable level for an electric entity

59     with respect to stray current and voltage and livestock; and

60          (e) because the actionable level is set sufficiently below any level that is capable of
61     adversely affecting the behavior, health, or productivity of livestock, any potential of harm to
62     livestock from stray current or voltage below this level is highly remote and unexpected.
63          Section 2. Section 54-21-102 is enacted to read:
64          54-21-102. Definitions.
65          (1) "Actionable level" means stray current or voltage that is:
66          (a) a steady-state, root mean square, alternating current (AC) of 2.0 milliamps or more
67     through a 500 ohm resistor connected between livestock contact points, as measured by a
68     digital true root mean square meter;

69          (b) a steady-state, root mean square AC voltage of 1.0 volt or more across, in parallel
70     with, a 500 ohm resistor connected between livestock contact points, as measured by a true root
71     mean square meter;

72          (c) a steady-state direct current (DC) of 2.8 milliamps or more through a 500 ohm
73     resistor connected between livestock contact points, as measured by a digital meter; or
74          (d) a steady-state DC voltage of 1.4 volts or more across a 500 ohm resistor connected
75     between livestock contact points, as measured by a digital meter.
76          (2) "Electric entity" means:
77          (a) an electrical corporation, independent energy producer, qualifying power producer,
78     interlocal entity, public agency, or person engaged in generating, furnishing, transmitting,
79     distributing, or marketing electrical power for public or private use; and
80          (b) an agent, affiliate, employee, or independent contractor of a person described in
81     Subsection (2)(a).
82          (3) "Interlocal entity" means the same as that term is defined in Section 11-13-103.
83          (4) "Livestock" means cattle, swine, sheep, or poultry.
84          (5) "Livestock contact points" means two electrically conductive points that livestock
85     may simultaneously contact.
86          (6) "Public agency" means the same as that term is defined in Section 11-13-103.
87          (7) "Qualified testing professional" means an electrical engineer who has:
88          (a) graduated with an engineering degree from an accredited university;
89          (b) completed no fewer than 40 hours of relevant stray current or voltage training, with

90     electric utility experience; and
91          (c) been involved in at least one prior investigation involving the measurement or
92     testing of stray current or voltage.
93          (8) "Root mean square" means:
94          (a) a measure of the effective energy value of a wave or cycle; and
95          (b) for regularly shaped alternating current sine waves, a value of 0.707 multiplied by
96     the peak value of the sine wave.
97          (9) "Steady-state" means:
98          (a) for alternating current and AC voltage, a one minute average of root mean square
99     amperage or voltage values, excluding transients; and
100          (b) for direct current and DC voltage, a one minute average of amperage or voltage
101     values excluding transients.
102          (10) "Transient" means a current or voltage impulse:
103          (a) lasting less than five thousandths of a second; and
104          (b) found on all types of electrical, data, and communications circuits.
105          Section 3. Section 54-21-103 is enacted to read:
106          54-21-103. Scope of chapter.
107          This chapter does not expand or affect the jurisdiction of the commission. An electric
108     entity is not subject to the jurisdiction of the commission unless made subject to the
109     jurisdiction of the commission under a statute other than this chapter.
110          Section 4. Section 54-21-201 is enacted to read:
111     
Part 2. Notice and Remedies

112          54-21-201. Notice -- Testing -- Reporting -- Access to property.
113          (1) A livestock owner or livestock operator shall file a notice with an electric entity as
114     provided in Subsection (2) if the livestock owner or livestock operator believes that the
115     livestock owner's or livestock operator's livestock is affected by stray current or voltage that
116     may be attributable to an electric entity and is seeking a remedy from the electric entity.
117          (2) To file a notice, a livestock owner or livestock operator shall provide written notice
118     to the electric entity that documents:

119          (a) the address of the livestock owner or livestock operator and the location of the
120     potential stray current or voltage; and

121          (b) a description of the claimed impacts of the potential stray current or voltage.
122          (3) Within 30 days of receipt of notice under Subsection (1), the electric entity shall
123     provide for testing for stray current or voltage at the location that is the subject of the notice
124     required by Subsection (2) by a qualified testing professional.
125          (4) (a) Within 60 days after completion of the tests required to be performed under this
126     chapter, a qualified testing professional shall prepare a written report. The written report shall
127     include:
128          (i) a summary of the tests performed; and
129          (ii) the data and results from the tests.
130          (b) The electric entity shall provide a copy of the written report to the livestock owner
131     or livestock operator who provided notice under Subsection (2).
132          (5) A livestock owner or livestock operator who provides written notice under
133     Subsection (2) shall provide reasonable access to the property where alleged stray current or
134     voltage has occurred to allow testing to be conducted as directed under this section.
135          Section 5. Section 54-21-202 is enacted to read:
136          54-21-202. Plan to reduce or eliminate stray current or voltage.
137          (1) The procedure described in Subsection (2) shall be followed if, through testing by a
138     qualified testing professional as described in Section 54-21-201, it is determined that the
139     electric entity's contribution to any stray current or voltage is 50% or more of the actionable
140     level.
141          (2) If the conditions of Subsection (1) are met, the electric entity shall diligently pursue
142     remediation to the electric entity's contribution to any stray current or voltage to less than 50%
143     of the actionable level within 90 days.
144          (3) The livestock owner or livestock operator who provides written notice under
145     Subsection 54-21-201(2) shall provide reasonable access for remediation.
146          Section 6. Section 54-21-203 is enacted to read:
147          54-21-203. Liability limitations.
148          (1) An electric entity may not be held liable for damages or other relief if the claim for
149     damages or other relief is based on livestock contact with any kind of stray current or voltage
150     contributed by the electric entity below the actionable level.
151          (2) There is no presumption of liability if the stray current or voltage is equal to or

152     greater than the actionable level.
153          (3) A claim for nuisance may not be asserted against an electric entity for damages due
154     to stray current or voltage. Claims for stray current or voltage shall be limited to claims of
155     negligence. The electric entity's conduct shall be evaluated using a standard of ordinary care
156     under the circumstances.
157          Section 7. Section 54-21-204 is enacted to read:
158          54-21-204. Committee review requirements.
159          By November 2020 and in three year intervals thereafter, the Public Utilities, Energy,
160     and Technology Interim Committee shall review industry standards and peer reviewed research
161     regarding levels of stray current and voltage and impacts to livestock.
162          Section 8. Section 54-21-205 is enacted to read:
163          54-21-205. Disputes.
164          A dispute under this chapter involving an electric entity shall be resolved as follows:
165          (1) if the electric entity is a public utility, in accordance with Section 54-7-9; and
166          (2) if the electric entity is not a public utility, by filing an action with the district court.






Legislative Review Note
Office of Legislative Research and General Counsel