54-22 - Stray Current or Voltage Remediation Act
Title 54 > 54-22
Sections (8)
General Provisions
54-22-101 - Title — Legislative findings.
(1) This chapter is known as the “Stray Current or Voltage Remediation Act.”
(2) The Legislature finds that: 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;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;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;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; andbecause 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.
Enacted by Chapter 230, 2018 General Session
54-22-102 - Definitions.
(1) “Actionable level” means stray current or voltage that is: 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;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;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; ora 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: 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; andan 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: graduated with an engineering degree from an accredited university;completed no fewer than 40 hours of relevant stray current or voltage training, with electric utility experience; andbeen involved in at least one prior investigation involving the measurement or testing of stray current or voltage.
(9) “Root mean square” means: a measure of the effective energy value of a wave or cycle; andfor regularly shaped alternating current sine waves, a value of 0.707 multiplied by the peak value of the sine wave.
(10) “Steady-state” means: for alternating current and AC voltage, a one minute average of root mean square amperage or voltage values, excluding transients; andfor direct current and DC voltage, a one minute average of amperage or voltage values excluding transients.
(11) “Transient” means a current or voltage impulse: lasting less than five thousandths of a second; andfound on all types of electrical, data, and communications circuits.
Enacted by Chapter 230, 2018 General Session
54-22-103 - 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.
Enacted by Chapter 230, 2018 General Session
Notice and Remedies
54-22-201 - 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: the address of the livestock owner or livestock operator and the location of the potential stray current or voltage; anda 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) 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:a summary of the tests performed; andthe data and results from the tests.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.
Enacted by Chapter 230, 2018 General Session
54-22-202 - 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 54-22-201, 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 54-22-201(2) shall provide reasonable access for remediation.
Enacted by Chapter 230, 2018 General Session
54-22-203 - 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.
Enacted by Chapter 230, 2018 General Session
54-22-204 - 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.
Enacted by Chapter 230, 2018 General Session
54-22-205 - 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 bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.
Amended by Chapter 158, 2024 General Session