Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 573-H.F.No. 2227 
                  An act relating to electric currents in earth; 
                  requiring the public utilities commission to appoint a 
                  team of science advisors; mandating scientific framing 
                  of research questions; providing for studies of stray 
                  voltage and the effects of earth as a conductor of 
                  electricity; requiring scientific peer review of 
                  findings and conclusions; providing for a report to 
                  the public utilities commission; appropriating money. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [TEAM OF SCIENCE ADVISORS.] 
           Subdivision 1.  [CREATION.] The public utilities commission 
        shall, based on its judgment of persons suitable for the 
        positions, appoint a team of science advisors consisting of at 
        least five members, including members with education and 
        experience in scientific specialties including physics, 
        electrical engineering, animal physiology, veterinary medicine, 
        dairy science, soil science specializing in the electrical 
        nature of soil, or epidemiology.  The science advisors may not 
        include representatives from electric utilities or other parties 
        with a financial interest in the outcome of the research 
        recommended or performed by the science advisors. 
           The commission shall appoint a representative from the 
        scientific community to serve as liaison between the commission 
        and the science advisors. 
           Subd. 2.  [PRELIMINARY RESEARCH ASSESSMENT.] The science 
        advisors shall conduct a preliminary assessment and report to 
        the commission by January 1, 1995, on the need for research 
        projects to identify and examine the potential for and actual 
        effects on dairy cow production and animal health of current in 
        the earth, originating from the utility distribution systems and 
        other sources. 
           If the team of science advisors finds a need for research, 
        it shall frame and recommend to the commission a specific 
        research question or questions and the design, scope, and 
        estimated cost of further research. 
           The commission shall order research based on the science 
        advisors report and is granted the authority to assess utilities 
        for activities and research consistent with sections 1 to 5. 
           Subd. 3.  [SPECIFIC DUTIES.] The science advisors shall: 
           (1) review existing information from other sources, 
        including information from other states and from dairy producers 
        or farm organizations, on the use of the earth for carrying 
        current and its effects on animal health and production and on 
        human health and report to the commission on its findings and 
        recommendations; 
           (2) determine the qualifications of researchers and make 
        recommendations to the commission on their selection; 
           (3) explore the availability of nonstate and nonutility 
        funds for research under subdivision 2; 
           (4) monitor ongoing research into the use of the earth for 
        carrying current and its effects on animal health and 
        production; 
           (5) submit study results for proper scientific peer review; 
        and 
           (6) make on-site visits to farms with formal and informal 
        complaints concerning stray voltage and use of the earth as the 
        conductor. 
           Subd. 4.  [FINDINGS AND RECOMMENDATIONS.] The science 
        advisors shall report findings and recommendations to the 
        commission regarding potential actions to mitigate or eliminate 
        any effects found from current in the earth on dairy cow 
        production or animal health. 
           Subd. 5.  [INDEPENDENT RESEARCHERS REQUIRED.] The 
        commission may only contract with researchers to conduct 
        research under this section who are not employed or contracted 
        by, or receive funding from, public or municipal utilities, or 
        cooperative electric associations for research or investigation 
        of stray voltage or use of earth as a conductor of electric 
        current. 
           Subd. 6.  [RESEARCH DEADLINE.] The research conducted under 
        this section and any recommendations by the science advisors to 
        the commission must be completed and reported or made by June 
        30, 1996. 
           Subd. 7.  [EXPIRATION.] The team of science advisors 
        expires June 30, 1996. 
           Sec. 2.  [SURVEY OF FACILITIES.] 
           (a) The public utilities commission shall determine the age 
        and condition of electric distribution facilities in the state.  
           (b) Using research conducted under section 1, the science 
        advisors shall determine the extent to which these facilities 
        use the earth as a conductor of electric current, whether 
        intentionally or unintentionally, and shall study the risks to 
        dairy animal health and productivity associated with the 
        practice of bonding distribution system conductors to the earth. 
           (c) At the recommendation of the team of science advisors, 
        the commission may order the production of any records, maps, 
        plans, or any other documents, testimony, or recollections, 
        relating to stray voltage, ground current, or similar 
        phenomenon, of any owner or operator of any distribution 
        facility or any employee of any owner or operator or any other 
        person with knowledge related to the issue of using the earth to 
        conduct electric current.  Data collected by the commission 
        under this section is subject to Minnesota Statutes, chapter 13. 
           Sec. 3.  [DAIRY PRODUCER DATA.] 
           (a) The department of public service may contract with 
        dairy producers or an organization of producers to address stray 
        voltage issues for the preparation, analysis, and presentation 
        of data related to ground currents and dairy herd health and 
        production to the science advisors.  
           (b) Within 90 days of contract execution, contractees must 
        complete the preparation of data for review by the science 
        advisors and submit the analysis and recommendations to the 
        science advisors.  
           (c) Contractees must provide to the department a specific 
        accounting of eligible contract expenditures.  
           (d) Contractees must also provide a proposed budget to the 
        department that includes performance objectives and deadlines 
        for meeting those objectives. 
           (e) Data presented for review is public data under 
        Minnesota Statutes, chapter 13. 
           Sec. 4.  [ASSESSMENT.] 
           (a) To provide funding for activities required under this 
        act, the public utilities commission and the department of 
        public service shall assess a total of up to $548,000 under 
        Minnesota Statutes, section 216B.62, against public and 
        municipal utilities providing electrical service and cooperative 
        electric associations.  The assessment must be deposited in the 
        general fund.  The assessment is not subject to the limits 
        prescribed under Minnesota Statutes, section 216B.62, 
        subdivision 3. 
           (b) Each utility or association shall be assessed in 
        proportion that its gross operating revenues for the sale of 
        electric service within the state for the last calendar year 
        bears to the total of those revenues for all public and 
        municipal utilities and cooperative associations.  
           Sec. 5.  [APPROPRIATIONS.] 
           Subdivision 1.  [PUBLIC UTILITIES COMMISSION; STUDY 
        COSTS.] $300,000 is appropriated from the general fund to the 
        public utilities commission. 
           $75,000 of this appropriation is for administrative 
        expenses of the commission under sections 1 and 2. 
           $225,000 of this appropriation is for expenses of the team 
        of scientific advisors and the commission liaison. 
           This appropriation remains available until June 30, 1996. 
           Subd. 2.  [PUBLIC UTILITIES COMMISSION; RESEARCH 
        PROJECTS.] $150,000, or so much of this amount as may be needed, 
        is appropriated from the general fund to the public utilities 
        commission to initiate research projects in fiscal year 1995 as 
        recommended by the team of science advisors and approved by the 
        commission.  Any amount of this appropriation that remains 
        unencumbered after June 30, 1996, reverts to the general fund. 
           Subd. 3.  [DEPARTMENT OF PUBLIC SERVICE.] $98,000 is 
        appropriated from the general fund to the department of public 
        service. 
           Up to $2,500 of this appropriation is for administrative 
        costs of the department for oversight of activities under 
        section 1. 
           Up to $10,000 of this appropriation is for grants to 
        producers or organizations of producers to allow participation 
        in the proceedings of the team of science advisors.  This amount 
        is intended to provide reimbursement for mileage and other 
        direct and actual expenses of farmers in production agriculture 
        to enable the farmers to attend and participate in public 
        hearings and deliberations of the science advisors.  The 
        department must establish informal procedures to be followed by 
        applicants for reimbursement under this paragraph. 
           The balance of this appropriation is for contracts with 
        producers or organizations of producers to prepare and analyze 
        data for review by the team of science advisors. 
           This appropriation remains available until June 30, 1995. 
           Sec. 6.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor May 3, 1994 
           Signed by the governor May 5, 1994, 4:34 p.m.