101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1570

 

Introduced 2/15/2019, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Underground Utility Facilities Damage Prevention Act. Provides for additional required activities for an excavator who engages in nonemergency excavation or demolition under the Act. Modifies the requirements for an excavator who engages in emergency excavation or demolition under the Act. Provides notice requirements for damaged, dislocated, and exposed underground utility facilities. Provides additional requirements for record of notice and the marking of underground utility facilities. Modifies Sections concerning liability, financial responsibility, negligence, and penalties for violating the provisions of the Act. Repeals a Section concerning preconstruction conferences. Defines, modifies, and repeals terms. Makes certain provisions apply to home rule municipalities with a population over 1,000,000. Makes conforming and technical changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1570LRB101 08727 JRG 53814 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Underground Utility Facilities
5Damage Prevention Act is amended by changing Sections 2, 2.1.3,
62.1.4, 2.1.5, 2.2, 2.3, 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 2.11, 3,
74, 6, 7, 8, 9, 10, 11, 11.3, 12, 13, and 14 and by adding
8Sections 2.1.1, 2.1.2, 2.1.7, 2.1.8, 2.12, 2.13, and 7.5 as
9follows:
 
10    (220 ILCS 50/2)  (from Ch. 111 2/3, par. 1602)
11    Sec. 2. Definitions. As used in this Act, unless the
12context clearly otherwise requires, the terms specified in
13Sections 2.1.1 2.1 through 2.13 2.11 have the meanings ascribed
14to them in those Sections.
15(Source: P.A. 94-623, eff. 8-18-05.)
 
16    (220 ILCS 50/2.1.1 new)
17    Sec. 2.1.1. Excavator. "Excavator" means any person or
18legal entity, public or private, that engages in excavation or
19demolition work.
 
20    (220 ILCS 50/2.1.2 new)
21    Sec. 2.1.2. Pre-mark. "Pre-mark" means to use white paint,

 

 

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1stakes, or flags to delineate the work area at the site of the
2proposed excavation or demolition area. If visible, an existing
3above ground fixed structure may be considered a pre-mark. A
4verbal pre-mark is adequate when the scope requested to be
5marked is narrow and explicit enough to prevent marking a large
6area beyond the actual area of excavation or demolition. If
7utilized, physical pre-marking for the area of the planned
8excavation or demolition must be accomplished prior to
9notifying the One-Call Notice System.
 
10    (220 ILCS 50/2.1.3)
11    Sec. 2.1.3. No show request. "No show request" means a
12notice initiated by an excavator through the State-Wide
13One-Call Notice System to the owners or operators of
14underground utility facilities notified in the prior locate
15request that such facility owners or operators, as identified
16by the excavator, either failed to mark their facilities or to
17communicate their non-involvement with the excavation prior to
18the requested dig start date and time.
19(Source: P.A. 96-714, eff. 1-1-10.)
 
20    (220 ILCS 50/2.1.4)
21    Sec. 2.1.4. Incomplete request. "Incomplete request"
22means a notice initiated by an excavator through the State-Wide
23One-Call Notice System to the owners or operators of
24underground utility facilities notified in a prior locate

 

 

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1request that such facility owners or operators, as identified
2by the excavator person excavating, did not completely mark the
3entire extent or the entire segment of the proposed excavation,
4as identified by the excavator in the prior notice.
5(Source: P.A. 96-714, eff. 1-1-10.)
 
6    (220 ILCS 50/2.1.5)
7    Sec. 2.1.5. Re-mark request. "Re-mark request" means a
8notice initiated by an excavator through the State-Wide
9One-Call Notice System to the owners or operators of
10underground utility facilities notified in the initial locate
11request requesting facility owners or operators to re-mark all
12or part of the work area identified in the initial locate
13request, because facility markings are becoming or have become
14indistinguishable due to factors, including, but not limited
15to, weather, fading, construction activity, or vandalism. Only
16the affected areas where excavation or demolition is to
17continue shall be requested to be re-marked.
18(Source: P.A. 96-714, eff. 1-1-10.)
 
19    (220 ILCS 50/2.1.7 new)
20    Sec. 2.1.7. Normal notice request. "Normal notice request"
21means a request for locates that provides no less than 48
22hours, but no more than 14 calendar days, advance notice of a
23planned excavation or demolition. A normal notice request is
24only valid for 28 calendar days from the date of the original

 

 

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1normal notice, unless a subsequent request for extension, as
2described in subsection (g) of Section 4, is made.
 
3    (220 ILCS 50/2.1.8 new)
4    Sec. 2.1.8. One-Call Notice System. "One-Call Notice
5System" means JULIE for all excavation or demolition performed
6and underground facilities owned outside the jurisdiction of
7the city limits of Chicago.
 
8    (220 ILCS 50/2.2)  (from Ch. 111 2/3, par. 1602.2)
9    Sec. 2.2. Underground utility facilities. "Underground
10utility facilities" or "facilities" means and includes wires,
11ducts, fiber optic cable, conduits, pipes, sewers, and cables
12and their connected appurtenances existing installed beneath
13the surface of the ground and owned or operated by:
14        (1) a public utility as defined in the Public Utilities
15    Act;
16        (2) a municipally owned or mutually owned utility
17    providing a similar utility service;
18        (3) a pipeline entity transporting gases, crude oil,
19    petroleum products, or other hydrocarbon materials within
20    the State;
21        (4) a telecommunications carrier as defined in the
22    Universal Telephone Service Protection Law of 1985, or by a
23    company described in Section 1 of the Telephone Company
24    Act;

 

 

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1        (5) a community antenna television system, as defined
2    in the Illinois Municipal Code or the Counties Code;
3        (6) a holder, as that term is defined in the Cable and
4    Video Competition Law of 2007;
5        (7) any other entity owning or operating underground
6    facilities that transport generated electrical power to
7    other utility owners or operators or transport generated
8    electrical power within the internal electric grid of a
9    wind turbine generation farm; and
10        (8) an electric cooperative as defined in the Public
11    Utilities Act; and .
12        (9) any other active member of a One-Call Notice
13    System.
14(Source: P.A. 100-863, eff. 8-14-18.)
 
15    (220 ILCS 50/2.3)  (from Ch. 111 2/3, par. 1602.3)
16    Sec. 2.3. Excavation. "Excavation" means any operation in
17which earth, rock, or other material in or on the ground is
18moved, removed, or otherwise displaced by means of any tools,
19power equipment or explosives, and includes, without
20limitation, grading, trenching, digging, ditching, drilling,
21augering, boring, tunneling, scraping, cable or pipe plowing,
22saw cutting when penetrating into the base or subbase of a
23paved surface, and driving, but does not include:
24        (1) farm tillage operations; or
25        (2) railroad right-of-way maintenance; or operations

 

 

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1    or
2        (3) coal mining operations regulated under the Federal
3    Surface Mining Control and Reclamation Act of 1977 or any
4    State law or rules or regulations adopted under the federal
5    statute; , or
6        (4) land surveying operations as defined in the
7    Illinois Professional Land Surveyor Act of 1989 when not
8    using power equipment and when prior to manually driving
9    any pin or rod under this subsection, the intended location
10    for the pin or rod is hand probed using a round-tipped
11    probe rod to the depth of the intended excavation; , or
12        (5) roadway surface milling; or .
13        (6) manually inserting, without the use of power
14    equipment, a temporary round-tipped ground or probe rod as
15    part of underground utility facility locating; or
16        (7) manually inserting, without the use of power
17    equipment, a temporary round-tipped probe rod for bar
18    holing to determine the area of a leaking underground
19    hazardous gas or liquid facility; or
20        (8) manually inserting, without the use of power
21    equipment, a round-tipped ground rod for the purpose of
22    grounding utility equipment when an emergency exists and no
23    other ground source is available.
24        An exclusion to this Section in no way prohibits a
25    request from being made for the marking of underground
26    utility facilities.

 

 

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1(Source: P.A. 94-623, eff. 8-18-05.)
 
2    (220 ILCS 50/2.4)  (from Ch. 111 2/3, par. 1602.4)
3    Sec. 2.4. Demolition. "Demolition" means the wrecking,
4razing, rending, moving, or removing of a structure by means of
5any power tool, power equipment (exclusive of transportation
6equipment) or explosives.
7(Source: P.A. 86-674.)
 
8    (220 ILCS 50/2.5)  (from Ch. 111 2/3, par. 1602.5)
9    Sec. 2.5. Damage. "Damage" means the contact or dislocation
10of any underground utility facility or CATS facility during
11excavation or demolition which necessitates immediate or
12subsequent repair by the owner or operator of such facility due
13to a weakening or the partial or complete destruction of the
14facility, including, but not limited to, the protective
15coating, lateral support, cathodic protection, or housing for
16the line, device, or facility.
17(Source: P.A. 86-674.)
 
18    (220 ILCS 50/2.7)
19    Sec. 2.7. Tolerance zone. "Tolerance zone" means: (i) if
20the diameter of the facility is indicated, the distance of
21one-half of the known diameter plus 1.5 feet on either side of
22the designated center line of the utility marking; (ii) if the
23diameter of the facility is not indicated, 1.5 feet on either

 

 

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1side of the outside edge of the utility marking; or (iii) for
2subaqueous facilities, a distance of 10 feet on either side of
3the indicated facility. For purposes of this Section,
4"subaqueous" means a facility located under a lake, river, or
5navigable waterway. The utility markings provided cannot
6indicate that the width of the marked facility is any greater
7than the actual width of the underground facility. The
8tolerance zone shall also apply to visible utility structures,
9including, but not limited to, poles with overhead to
10underground transitions, pedestals, transformers, meters,
11hydrants, and valve boxes; there shall be a 1.5 foot tolerance
12zone entirely around such facilities the approximate location
13of underground utility facilities or CATS facilities defined as
14a strip of land at least 3 feet wide, but not wider than the
15width of the underground facility or CATS facility plus 1-1/2
16feet on either side of such facility based upon the markings
17made by the owner or operator of the facility. Excavation
18within the tolerance zone requires extra care and precaution
19including, but not limited to, as set forth in Section 4.
20(Source: P.A. 92-179, eff. 7-1-02.)
 
21    (220 ILCS 50/2.8)
22    Sec. 2.8. Approximate location. "Approximate location"
23means the actual location of the marked underground facility
24that lies entirely within the tolerance zone a strip of land at
25least 3 feet wide, but not wider than the width of the

 

 

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1underground facility or CATS facility plus 1.5 feet on either
2side of the facility.
3(Source: P.A. 92-179, eff. 7-1-02.)
 
4    (220 ILCS 50/2.9)
5    Sec. 2.9. 48 hours. "48 hours" "Forty-eight hours" means 2
6business days beginning at 8 a.m. and ending at 4 p.m.
7(exclusive of Saturdays, Sundays, and holidays recognized by
8the State-Wide One-Call Notice System or the municipal one-call
9notice system). All requests for locates received after 4 p.m.
10will be processed as if received at 8 a.m. the next business
11day.
12(Source: P.A. 94-623, eff. 8-18-05.)
 
13    (220 ILCS 50/2.10)
14    Sec. 2.10. Open cut utility locate. "Open cut utility
15locate" means a method of locating underground utility
16facilities that requires excavation by the owner, operator, or
17agent of the underground facility.
18(Source: P.A. 94-623, eff. 8-18-05.)
 
19    (220 ILCS 50/2.11)
20    Sec. 2.11. Roadway surface milling. "Roadway surface
21milling" means the removal of a uniform pavement section by
22rotomilling, grinding, saw cutting, or other means that does
23not penetrate into including the roadway base or subbase.

 

 

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1(Source: P.A. 94-623, eff. 8-18-05.)
 
2    (220 ILCS 50/2.12 new)
3    Sec. 2.12. Damage notification. "Damage notification"
4means a notice to the owners or operators that damage to an
5underground line has occurred in the area of the excavation or
6demolition.
 
7    (220 ILCS 50/2.13 new)
8    Sec. 2.13. Exposed notification. "Exposed notification"
9means a notification to the owners or operators that a
10previously unmarked underground line has been exposed, but not
11damaged.
 
12    (220 ILCS 50/3)  (from Ch. 111 2/3, par. 1603)
13    Sec. 3. One-Call Notice System membership. The owners or
14operators of underground utility facilities are required to be
15members of a One-Call Notice System or CATS facilities that are
16not currently participants in the State-Wide One-Call Notice
17System shall, within 6 months of the effective date of this
18Act, join the State-Wide One-Call Notice System. This Section
19shall not apply to utilities operating facilities or CATS
20facilities exclusively within the boundaries of a municipality
21with a population of at least one million persons.
22(Source: P.A. 86-674.)
 

 

 

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1    (220 ILCS 50/4)  (from Ch. 111 2/3, par. 1604)
2    Sec. 4. Required activities. Every excavator person who
3engages in nonemergency excavation or demolition shall:
4        (a) take reasonable action to inform himself or herself
5    of the location of any underground utility facilities in
6    and near the area for which such operation is to be
7    conducted;
8        (b) plan the excavation or demolition to avoid or
9    minimize interference with underground utility facilities
10    within the tolerance zone by utilizing such precautions
11    that include, but are not limited to, hand excavation, or
12    vacuum excavation methods to the depth of the proposed
13    excavation or demolition, and visually inspecting the
14    excavation while in progress until clear of the existing
15    marked facility;
16        (c) pre-mark in accordance with Section 2.1.2 if
17    practical, use white paint, flags, stakes, or both, to
18    outline the dig site;
19        (d) provide notice not less than 48 hours but no more
20    than 14 calendar days in advance of the start of the
21    excavation or demolition to the owners or operators of the
22    underground utility facilities in and near the excavation
23    or demolition area through the State-Wide One-Call Notice
24    System or, in the case of nonemergency excavation or
25    demolition within the boundaries of a municipality of at
26    least one million persons which operates its own one-call

 

 

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1    notice system, through the one-call notice system which
2    operates in that municipality.
3        At a minimum, the notice required under this subsection
4    (d) shall provide:
5            (1) the person's name, address, phone number at
6        which a person can be reached, and if available, a fax
7        number and email address , if available;
8            (2) the start date and time of the planned
9        excavation or demolition;
10            (3) all counties, cities, or townships, or any
11        combination thereof, where the proposed excavation or
12        demolition shall take place;
13            (4) the address or location at which the excavation
14        or demolition shall take place;
15            (5) the type of work, and the and extent and
16        description of the area where excavation or demolition
17        is to occur of the work involved; and
18            (6) the section or quarter sections when the
19        information in items (1) through (5) of this subsection
20        (d) does not allow the State-Wide One-Call Notice
21        System to determine the appropriate excavation or
22        demolition site. This item (6) does not apply to
23        residential property owners;
24            (7) an indication of whether directional boring or
25        horizontal drilling will be used;
26            (8) an indication of whether the excavation will

 

 

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1        exceed 7 feet in depth;
2            (9) an indication of how the proposed excavation or
3        demolition has been pre-marked as defined in Section
4        2.1.2; and
5            (10) the latitude and longitude, if available. The
6        information specified in items (1) through (9) of this
7        subsection (d) is still required when providing
8        latitude and longitude;
9        (e) provide, during and following excavation or
10    demolition, such support for existing underground utility
11    facilities in and near the excavation or demolition area as
12    may be reasonably necessary for the protection of such
13    facilities unless otherwise agreed to by the owner or
14    operator of the underground facility;
15        (f) backfill all excavations in such manner and with
16    such materials as may be reasonably necessary for the
17    protection of existing underground utility facilities in
18    and near the excavation or demolition area;
19        (g) after February 29, 2004, when the excavation or
20    demolition project will extend past 28 calendar days from
21    the date of the original notice provided under clause (d),
22    the excavator shall provide a subsequent notice to the
23    owners or operators of the underground utility facilities
24    in and near the excavation or demolition area through the
25    State-Wide One-Call Notice System or, in the case of
26    excavation or demolition within the boundaries of a

 

 

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1    municipality having a population of at least 1,000,000
2    inhabitants that operates its own one-call notice system,
3    through the one-call notice system that operates in that
4    municipality informing utility owners and operators that
5    additional time to complete the excavation or demolition
6    project will be required. The notice will provide the
7    excavator with an additional 28 calendar days from the date
8    of the subsequent notification to continue or complete the
9    excavation or demolition project. The excavator may not
10    provide a subsequent notice under this Section simply for
11    the purpose of keeping a prior notice open or valid without
12    continued excavation occurring within the period of that
13    subsequent notice;
14        (h) exercise due care at all times to protect
15    underground utility facilities. If, after proper
16    notification through the State-Wide One-Call Notice System
17    and upon arrival at the site of the proposed excavation,
18    the excavator observes clear evidence of the presence of an
19    unmarked or incompletely marked utility in the area of the
20    proposed excavation, the excavator shall not begin
21    excavating until all affected facilities have been marked
22    or 2 hours, whichever is shorter, after an additional call
23    is made to the State-Wide One-Call Notice System for the
24    area. The owner or operator of the utility shall respond
25    within 2 hours of the excavator's call to the State-Wide
26    One-Call Notice System; and

 

 

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1        (i) when factors, including, but not limited to,
2    weather, construction activity, or vandalism, at the
3    excavation site have caused the utility markings to become
4    faded or indistinguishable, the excavator shall pre-mark
5    in accordance with Section 2.1.2 and initiate a re-mark
6    request provide an additional notice through the
7    State-Wide One-Call Notice System requesting that only the
8    affected areas where excavation or demolition is to
9    continue be re-marked. Facility owners or operators must
10    respond to the notice to re-mark according to the
11    requirements of Section 10 of this Act.
12    If upon notice, a facility operator determines there is a
13critical facility within the proposed excavation area and the
14facility operator desires to have an authorized representative
15present during excavation near the critical facility, the
16facility operator shall contact the excavator prior to the
17requested dig start time provided on the notice to schedule a
18date and time for the facility operator to be present when
19excavation will occur near the critical facility. All
20excavators must comply with the facility operator's request to
21be present during excavation near critical facilities. In lieu
22of having an authorized representative present, the facility
23operator may choose to complete a minimal excavation near the
24critical facility to expose its location. However, it is
25incumbent on the facility operator to comply with the
26excavator's schedule for when excavation will occur near the

 

 

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1critical facility. For excavation that may be near critical
2facilities intermittently during the course of the project, the
3excavator shall provide notice to the facility operator not
4less than one business day before excavation is expected to be
5near the critical facility. Nothing in this Section shall
6prohibit an excavator from excavating prudently and carefully
7near a critical facility without the facility operator present,
8provided the facility operator waives the request to be present
9or to complete a minimal excavation exposing the critical
10facility or is unable to comply with the excavator's schedule.
11    Nothing in this Section prohibits the use of any method of
12excavation if conducted in a manner that would avoid
13interference with underground utility facilities.
14(Source: P.A. 96-714, eff. 1-1-10.)
 
15    (220 ILCS 50/6)  (from Ch. 111 2/3, par. 1606)
16    Sec. 6. Emergency excavation or demolition.
17    (a) Every excavator person who engages in emergency
18excavation or demolition outside of the boundaries of a
19municipality of at least one million persons which operates its
20own one-call notice system shall take all reasonable
21precautions to avoid or minimize interference between the
22emergency work and existing underground utility facilities in
23and near the excavation or demolition area, through the
24State-Wide One-Call Notice System, and shall notify, as far in
25advance as possible, the owners or operators of such

 

 

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1underground utility facilities in and near the emergency
2excavation or demolition area, through the State-Wide One-Call
3Notice System. At a minimum, the notice required under this
4subsection (a) shall provide:
5        (1) the person's name, address, and (i) phone number at
6    which a person can be reached and, if available, a (ii) fax
7    number and email address , if available;
8        (2) the start date and time of the planned emergency
9    excavation or demolition;
10        (3) the address or location at which the excavation or
11    demolition will take place; and
12        (4) the type of work, and the and extent and
13    description of the area where excavation or demolition is
14    to occur; and of the work involved.
15        (5) all counties, cities, or townships, or any
16    combination thereof, where the emergency excavation or
17    demolition will take place.
18    There is a wait time of 2 hours or the date and time
19requested on the notice, whichever is longer, after an
20emergency locate notification request is made through the
21State-Wide One-Call Notice System. If the conditions at the
22site dictate an earlier start than the required wait time, it
23is the responsibility of the excavator to demonstrate that site
24conditions warranted this earlier start time.
25    Upon notice by the excavator person engaged in emergency
26excavation or demolition, the owner or operator of an

 

 

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1underground utility facility in or near the excavation or
2demolition area shall communicate with the excavator person
3engaged in emergency excavation or demolition within 2 hours or
4by the date and time requested on the notice, whichever is
5longer by (1) marking the approximate location of underground
6facilities; (2) advising the excavator person excavating that
7their underground facilities are not in conflict with the
8emergency excavation; or (3) notifying the excavator person
9excavating that the owner or operator shall be delayed in
10marking because of conditions as referenced in subsection (g)
11of Section 11 of this Act.
12    The notice by the owner or operator to the excavator person
13engaged in emergency excavation or demolition may be provided
14by phone or phone message or by marking the excavation or
15demolition area. The owner or operator has discharged the
16owner's or operator's obligation to provide notice under this
17Section if the owner or operator attempts to provide notice by
18telephone but is unable to do so because the excavator person
19engaged in the emergency excavation or demolition does not
20answer his or her telephone or does not have an answering
21machine, or answering service, or voicemail to receive the
22telephone call. If the owner or operator attempts to provide
23notice by telephone or by facsimile but receives a busy signal,
24that attempt shall not discharge the owner or operator from the
25obligation to provide notice under this Section.
26    (b) (Blank). Every person who engages in emergency

 

 

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1excavation or demolition within the boundaries of a
2municipality of at least one million persons which operates its
3own one-call notice system shall take all reasonable
4precautions to avoid or minimize interference between the
5emergency work and existing underground utility facilities in
6and near the excavation or demolition area, through the
7municipality's one-call notice system, and shall notify, as far
8in advance as possible, the owners and operators of underground
9utility facilities in and near the emergency excavation or
10demolition area, through the municipality's one-call notice
11system.
12    (c) The reinstallation of traffic control devices shall be
13deemed an emergency for purposes of this Section.
14    (d) An open cut utility locate shall be deemed an emergency
15for purposes of this Section.
16    (e) During emergency situations, as described in Section
172.6, where the owner or operator of underground utility
18facilities has a widespread situation beyond their equipment or
19personnel capabilities to facilitate a timely repair or
20correction of the emergency, the facility owner or operator may
21utilize subcontractors to facilitate the work without a
22separate emergency locate request by the subcontractor.
23However, for the purposes of this Act, in such a situation, the
24facility owner or operator shall be responsible for the actions
25of their subcontractor, unless the subcontractor has obtained
26their own notice.

 

 

SB1570- 20 -LRB101 08727 JRG 53814 b

1    (f) Emergency notices provided through a One-Call Notice
2System shall expire 14 calendar days after the date of the
3initial notice.
4(Source: P.A. 96-714, eff. 1-1-10.)
 
5    (220 ILCS 50/7)  (from Ch. 111 2/3, par. 1607)
6    Sec. 7. Damage or dislocation. In the event of any damage
7to or dislocation of any underground utility facilities in
8connection with any excavation or demolition, emergency or
9nonemergency, the excavator person responsible for the
10excavation or demolition operations shall immediately notify
11the affected utility and the State-Wide One-Call Notice System
12and cease excavation in the area of the damage when the damaged
13facility is a threat to life or property or if otherwise
14required by law or, in the case of damage or dislocation in
15connection with any excavation or demolition within the
16boundaries of a municipality having a population of at least
171,000,000 inhabitants that operates its own one-call notice
18system, notify the affected utility and the one-call notice
19system that operates in that municipality. The excavator person
20responsible for the excavation or demolition shall not attempt
21to repair, clamp, or constrict the damaged utility facility
22unless under the supervision or advisement of the utility
23facility owner or operator. At no time shall an excavator a
24person under this Act be required by a utility facility owner
25or operator to attempt to repair, clamp, or constrict a damaged

 

 

SB1570- 21 -LRB101 08727 JRG 53814 b

1utility facility. In the event of any damage to any underground
2utility facility that results in the escape of any flammable,
3toxic, or corrosive gas or liquid, the excavator person
4responsible for the excavation or demolition shall call 9-1-1
5and notify authorities of the damage. Owners and operators of
6underground utility facilities that are damaged and the
7excavator involved shall work in a cooperative and expeditious
8manner to repair the affected utility.
9    At a minimum, the notice required under this Section shall
10provide:
11        (1) a reference to the original excavation or
12    demolition notice, if one exists;
13        (2) the type of damaged underground utility facility;
14        (3) the name of the affected underground utility
15    facility owner, if known; and
16        (4) the location of the damaged underground line at the
17    excavation or demolition site.
18(Source: P.A. 96-714, eff. 1-1-10.)
 
19    (220 ILCS 50/7.5 new)
20    Sec. 7.5. Exposed facility. In the event of any previously
21unmarked underground utility facility being exposed during
22excavation or demolition, emergency or nonemergency, the
23excavator responsible for the excavation or demolition
24operations shall immediately notify the One-Call Notice
25System.

 

 

SB1570- 22 -LRB101 08727 JRG 53814 b

1    At a minimum, the notice required under this Section shall
2provide:
3        (1) a reference to the original excavation or
4    demolition notice, if one exists;
5        (2) the type of exposed underground utility facility;
6        (3) the name of the affected underground utility
7    facility owner, if known; and
8        (4) the location of the exposed underground line at the
9    excavation or demolition site.
 
10    (220 ILCS 50/8)  (from Ch. 111 2/3, par. 1608)
11    Sec. 8. Liability or financial responsibility.
12    (a) Nothing in this Act shall be deemed to affect or
13determine the financial responsibility for any operation under
14this Act or liability of any entity or individual person for
15any damages that occur unless specifically stated otherwise.
16    (b) Nothing in this Act shall be deemed to provide for
17liability or financial responsibility of the Department of
18Transportation, its officers and employees concerning any
19underground utility facility or CATS facility located on
20highway right-of-way by permit issued under the provisions of
21Section 9-113 of the Illinois Highway Code. It is not the
22intent of this Act to change any remedies in law regarding the
23duty of providing lateral support.
24    (c) Neither the State-Wide One-Call Notice System nor any
25of its officers, agents, or employees shall be liable for

 

 

SB1570- 23 -LRB101 08727 JRG 53814 b

1damages for injuries or death to persons or damage to property
2caused by acts or omissions in the receipt, recording, or
3transmission of locate requests or other information in the
4performance of its duties as the State-Wide One-Call Notice
5System, unless the act or omission was the result of willful
6and wanton misconduct.
7    (d) Any residential property owner who fails to comply with
8any provision of this Act and damages underground utility
9facilities or CATS facilities while engaging in excavation or
10demolition on such residential property shall not be subject to
11a penalty under this Act, but shall be liable for the damage
12caused to the owner or operator of the damaged underground
13utility facilities or CATS facilities.
14(Source: P.A. 92-179, eff. 7-1-02.)
 
15    (220 ILCS 50/9)  (from Ch. 111 2/3, par. 1609)
16    Sec. 9. Negligence. When it is shown by competent evidence
17in any action for damages to underground utility facilities or
18CATS facilities that such damages resulted from excavation or
19demolition and that the excavator person engaged in such
20excavation or demolition failed to comply with the provisions
21of this Act, that excavator person shall be deemed prima facie
22guilty of negligence. When it is shown by competent evidence in
23any action for damages to excavators persons, material or
24equipment brought by excavators persons undertaking excavation
25or demolition acting in compliance with the provisions of this

 

 

SB1570- 24 -LRB101 08727 JRG 53814 b

1Act that such damages resulted from the failure of owners and
2operators of underground facilities or CATS facilities to
3comply with the provisions of this Act, those owners and
4operators shall be deemed prima facie guilty of negligence.
5(Source: P.A. 86-674.)
 
6    (220 ILCS 50/10)  (from Ch. 111 2/3, par. 1610)
7    Sec. 10. Record of notice; marking of facilities.
8    (a) Upon notice by the excavator person engaged in
9excavation or demolition, the entity person owning or operating
10underground utility facilities in or near the excavation or
11demolition area shall cause a written record to be made of the
12notice and shall mark, within 48 hours of receipt of notice or
13by the requested date and time indicated on the notice,
14whichever is later, the approximate locations of such
15facilities so as to enable the excavator person excavating or
16demolishing to establish the location of the underground
17utility facilities.
18    (b) Owners and operators of underground sewer facilities
19that are located outside the boundaries of a municipality
20having a population of at least 1,000,000 inhabitants shall be
21required to respond and mark the approximate location of those
22sewer facilities when the excavator indicates, in the notice
23required in Section 4, that the excavation or demolition
24project will exceed a depth of 7 feet. "Depth", in this case,
25is defined as the distance measured vertically from the surface

 

 

SB1570- 25 -LRB101 08727 JRG 53814 b

1of the ground to the top of the sewer facility.
2    (c) Owners and operators of underground sewer facilities
3that are located outside the boundaries of a municipality
4having a population of at least 1,000,000 inhabitants shall be
5required at all times to locate the approximate location of
6those sewer facilities when: (1) directional boring is the
7indicated type of excavation work being performed within the
8notice; (2) the underground sewer facilities owned are
9non-gravity, pressurized force mains; or (3) the excavation
10indicated will occur in the immediate proximity of known
11underground sewer facilities that are less than 7 feet deep.
12    (d) Owners or operators of underground sewer facilities
13that are located outside the boundaries of a municipality
14having a population of at least 1,000,000 inhabitants shall not
15hold an excavator liable for damages that occur to sewer
16facilities that were not required to be marked under this
17Section, provided that prompt notice of known the damage is
18made to the State-Wide One-Call Notice System and the utility
19owner as required in Section 7.
20    (e) All entities persons subject to the requirements of
21this Act shall plan and conduct their work consistent with
22reasonable business practices. Conditions may exist making it
23unreasonable to request that locations be marked within 48
24hours or by the requested date and time indicated on the
25notice, whichever is later. In such situations, the excavator
26and the owner or operator shall interact in good faith to

 

 

SB1570- 26 -LRB101 08727 JRG 53814 b

1establish a mutually agreeable date and time for the completion
2of the locate request. It is unreasonable to request owners and
3operators of underground utility facilities to locate all of
4their facilities in an affected area upon short notice in
5advance of a large or extensive nonemergency project, or to
6request extensive locates in excess of a reasonable excavation
7or demolition work schedule, or to request locates under
8conditions where a repeat request is likely to be made because
9of the passage of time or adverse job conditions.
10    (f) Owners and operators of underground utility facilities
11must reasonably anticipate seasonal fluctuations in the number
12of locate requests and staff accordingly.
13    (g) If an entity a person owning or operating underground
14utility facilities receives a notice under this Section but
15does not own or operate any underground utility facilities
16within the proposed excavation or demolition area described in
17the notice, that entity person, within 48 hours or by the
18requested date and time indicated on the notice, whichever is
19later, after receipt of the notice, shall so notify the
20excavator who initiated the notice person engaged in excavation
21or demolition who initiated the notice, unless the person who
22initiated the notice expressly waives the right to be notified
23that no facilities are located within the excavation or
24demolition area.
25    (h) The notification by the owner or operator of
26underground utility facilities to the excavator person engaged

 

 

SB1570- 27 -LRB101 08727 JRG 53814 b

1in excavation or demolition may be provided in any reasonable
2manner including, but not limited to, notification in any one
3of the following ways:
4        (1) by face-to-face communication;
5        (2) by phone or phone message;
6        (3) by facsimile or email;
7        (4) by posting in the excavation or demolition area; or
8        (5) by marking the excavation or demolition area.
9    (i) The owner or operator of those facilities has
10discharged the owner's or operator's obligation to provide
11notice under this Section if the owner or operator attempts to
12provide notice by one of the following ways:
13        (1) telephone or by facsimile, if the person has
14    supplied a facsimile number, but is unable to do so because
15    the excavator person engaged in the excavation or
16    demolition does not answer his or her telephone and or does
17    not have the ability to receive telephone messages;
18        (2) facsimile, if the excavator has supplied a
19    facsimile number and does not have a facsimile machine in
20    operation to receive the facsimile transmission; or
21        (3) email, if the excavator has supplied an email
22    address and the message is electronically undeliverable an
23    answering machine or answering service to receive the
24    telephone call or does not have a facsimile machine in
25    operation to receive the facsimile transmission.
26    If the owner or operator attempts to provide notice by

 

 

 

SB1570- 28 -LRB101 08727 JRG 53814 b

1telephone or by facsimile but receives a busy signal, that
2attempt shall not serve to discharge the owner or operator of
3the obligation to provide notice under this Section.
4    A person engaged in excavation or demolition may expressly
5waive the right to notification from the owner or operator of
6underground utility facilities that the owner or operator has
7no facilities located in the proposed excavation or demolition
8area. Waiver of notice is only permissible in the case of
9regular or nonemergency locate requests. The waiver must be
10made at the time of the notice to the State-Wide One-Call
11Notice System. A waiver made under this Section is not
12admissible as evidence in any criminal or civil action that may
13arise out of, or is in any way related to, the excavation or
14demolition that is the subject of the waiver.
15    (j) For the purposes of this Act, the following color
16coding shall be used to mark the approximate location of
17underground utility facilities by the underground facility
18operators who may utilize a combination of flags, stakes, or
19and paint as when possible on non-paved surfaces and when dig
20site and seasonal conditions warrant. If the approximate
21location of an underground utility facility is marked with
22stakes or other physical means, the following color coding
23shall be employed:
 
24Underground Facility Identification Color

 
 
 

 

 

SB1570- 29 -LRB101 08727 JRG 53814 b

1Facility Owner or Agent Use Only
2Electric Power, Distribution and
3    Transmission........................Safety Red
4Municipal Electric Systems..............Safety Red
5Gas Distribution and Transmission.......High Visibility Safety
6Yellow
7Oil Distribution and Transmission.......High Visibility Safety
8Yellow
9Communication Systems Telephone and
10Telegraph Systems.Safety Alert Orange
11Community Antenna Television Systems....Safety Alert Orange
12Water Systems...........................Safety Precaution Blue
13Sewer Systems...........................Safety Green
14Non-potable Water and Slurry Lines......Safety Purple
15Excavator Use Only
16Temporary Survey........................Safety Pink
17Proposed Excavation.....................Safety White (Black
18when snow is on the
19ground)
20(Source: P.A. 96-714, eff. 1-1-10.)
 
21    (220 ILCS 50/11)  (from Ch. 111 2/3, par. 1611)
22    Sec. 11. Penalties; liability; fund.

 

 

SB1570- 30 -LRB101 08727 JRG 53814 b

1    (a) Every excavator person who, while engaging in
2excavation or demolition, wilfully fails to comply with the Act
3by failing to provide the notice to the owners or operators of
4the underground facilities near the excavation or demolition
5area through the State-Wide One-Call Notice System as required
6by Section 4 or 6 of this Act shall be subject to a penalty of
7up to $5,000 for each separate offense and shall be liable for
8the damage caused to the owners or operators of the facility.
9Every excavator person who fails to provide notice and
10willfully fails to comply with other provisions of this Act
11shall be subject to additional penalties of up to $2,500 for
12each separate offense and shall be liable for the damage caused
13to the owners or operators of the facility.
14    (b) Every excavator person who has provided the notice to
15the owners or operators of the underground utility facilities
16in and near the excavation or demolition area through the
17State-Wide One-Call Notice System as required by Section 4 or 6
18of this Act, but otherwise wilfully fails to comply with this
19Act, shall be subject to a penalty of up to $2,500 for each
20separate offense and shall be liable for the damage caused to
21the owners or operators of the facility.
22    (c) Every excavator person who, while engaging in
23excavation or demolition, has provided the notice to the owners
24or operators of the underground utility facilities in and near
25the excavation or demolition area through the State-Wide
26One-Call Notice System as required by Section 4 or 6 of this

 

 

SB1570- 31 -LRB101 08727 JRG 53814 b

1Act, but otherwise, while acting reasonably, damages any
2underground utility facilities, shall not be subject to a
3penalty, but shall be liable for the damage caused to the
4owners or operators of the facility provided the underground
5utility facility is properly marked as provided in Section 10
6of this Act.
7    (d) Every excavator person who provides notice to the
8owners or operators of the underground utility facilities
9through the State-Wide One-Call Notice System as a no-show,
10incomplete, or an emergency locate request and the locate
11request is not a no-show, incomplete, or an emergency locate
12request as defined in Section 2.1.3, 2.1.4, or 2.6 of this Act
13shall be subject to a penalty of up to $2,500 for each separate
14offense.
15    (e) Owners and operators of underground utility facilities
16who willfully fail to comply with this Act by a failure to
17respond or mark the approximate location of an underground
18utility as required by subsection (h) of Section 4, subsection
19(a) of Section 6, or Section 10 of this Act after being
20notified of planned excavation or demolition through the
21State-Wide One-Call Notice System, shall be subject to a
22penalty of up to $5,000 for each separate offense. A facility
23operator will not be subject to a penalty under this Section
24for failing to properly mark the approximate location of an
25underground facility provided that the facility operator
26responded to the locate request in the time frames provided by

 

 

SB1570- 32 -LRB101 08727 JRG 53814 b

1this Act and took reasonable care when locating the underground
2facility.
3    (f) As provided in Section 3 of this Act, all owners or
4operators of underground utility facilities who fail to join
5the State-Wide One-Call Notice System by January 1, 2003 shall
6be subject to a penalty of $100 per day for each separate
7offense. Every day an owner or operator fails to join the
8State-Wide One-Call Notice System is a separate offense. This
9subsection (f) does not apply to utilities operating facilities
10exclusively within the boundaries of a municipality with a
11population of at least 1,000,000 persons.
12    (g) No owner or operator of underground utility facilities
13shall be subject to a penalty where a delay in marking or a
14failure to mark or properly mark the location of an underground
15utility is caused by conditions beyond the reasonable control
16of such owner or operator.
17    (h) Any entity that person who is neither an agent,
18employee, or authorized locating contractor of the owner or
19operator of the underground utility facility nor an excavator
20involved in the excavation or demolition activity that who
21removes, alters, or otherwise damages markings, flags, or
22stakes used to mark the location of an underground utility
23other than during the course of the excavation or demolition
24for which the markings were made or before completion of the
25project shall be subject to a penalty up to $1,000 for each
26separate offense.

 

 

SB1570- 33 -LRB101 08727 JRG 53814 b

1    (i) (Blank).
2    (j) The Illinois Commerce Commission shall have the power
3and jurisdiction to, and shall, enforce the provisions of this
4Act. The Illinois Commerce Commission may impose
5administrative penalties as provided in this Section. The
6Illinois Commerce Commission may promulgate rules and develop
7enforcement policies (83 Illinois Administrative Code Part
8265) in the manner provided by the Public Utilities Act in
9order to implement compliance with this Act. When a penalty is
10warranted, the following criteria shall be used in determining
11the magnitude of the penalty:
12        (1) gravity of noncompliance;
13        (2) culpability of offender;
14        (3) history of noncompliance for the 18 months prior to
15    the date of the incident; however, when determining
16    noncompliance non-compliance the alleged violator's roles
17    as operator or owner and the entity person engaged in
18    excavating shall be treated separately;
19        (4) (blank); ability to pay penalty;
20        (5) show of good faith of offender;
21        (6) (blank); and ability to continue business; and
22        (7) other special circumstances.
23    (k) There is hereby created in the State treasury a special
24fund to be known as the Illinois Underground Utility Facilities
25Damage Prevention Fund. All penalties recovered by the Illinois
26Commerce Commission in any action under this Section shall be

 

 

SB1570- 34 -LRB101 08727 JRG 53814 b

1paid into the Fund and shall be distributed annually as a grant
2to the State-Wide One-Call Notice System operated by JULIE to
3be used in safety and informational programs to reduce the
4number of incidents of damage to underground utility facilities
5in Illinois. The distribution shall be made during January of
6each calendar year based on the balance in the Illinois
7Underground Utility Facilities Damage Prevention Fund as of
8December 31 of the previous calendar year. In all such actions
9under this Section, the procedure and rules of evidence shall
10conform with the Code of Civil Procedure, and with rules of
11courts governing civil trials.
12    (l) The Illinois Commerce Commission shall establish an
13Advisory Committee consisting of (1) 2 members of the general
14public, with one member having a professional background in the
15legal community, and (2) a representative from each of the
16following: utility operator, JULIE, excavator, municipality,
17and the general public. The Advisory Committee shall serve as a
18peer review panel for any contested penalties resulting from
19the enforcement of this Act.
20    The members of the Advisory Committee shall be immune,
21individually and jointly, from civil liability for any act or
22omission done or made in performance of their duties while
23serving as members of such Advisory Committee, unless the act
24or omission was the result of willful and wanton misconduct.
25    (m) If, after the Advisory Committee has considered a
26particular contested penalty and performed its review

 

 

SB1570- 35 -LRB101 08727 JRG 53814 b

1functions under this Act and the Commission's rules, there
2remains a dispute as to whether the Commission should impose a
3penalty under this Act, the matter shall proceed in the manner
4set forth in Article X of the Public Utilities Act, including
5the provisions governing judicial review.
6(Source: P.A. 96-714, eff. 1-1-10.)
 
7    (220 ILCS 50/11.3)
8    Sec. 11.3. Emergency telephone system outages;
9reimbursement. Any excavator person who negligently damages an
10underground facility or CATS facility causing an emergency
11telephone system outage must reimburse the public safety agency
12that provides personnel to answer calls or to maintain or
13operate an emergency telephone system during the outage for the
14agency's costs associated with answering calls or maintaining
15or operating the system during the outage. For the purposes of
16this Section, "public safety agency" means the same as in
17Section 2.02 of the Emergency Telephone System Act.
18(Source: P.A. 92-149, eff. 1-1-02.)
 
19    (220 ILCS 50/12)  (from Ch. 111 2/3, par. 1612)
20    Sec. 12. Noncompliance and enforcement action time frames.
21No action may be brought under Section 11 of this Act unless
22commenced within 2 years after the date of violation of this
23Act.
24(Source: P.A. 86-674.)
 

 

 

SB1570- 36 -LRB101 08727 JRG 53814 b

1    (220 ILCS 50/13)  (from Ch. 111 2/3, par. 1613)
2    Sec. 13. Mandamus or injunction. Where public safety or the
3preservation of uninterrupted, necessary utility service or
4community antenna television system service is endangered by
5any excavator person engaging in excavation or demolition in a
6negligent or unsafe manner which has resulted in or is likely
7to result in damage to underground utility facilities or CATS
8facilities or proposing to use procedures for excavation or
9demolition which are likely to result in damage to underground
10utility facilities or CATS facilities, or where the owner or
11operator of underground utility facilities or CATS facilities
12endangers an excavator by willfully failing to respond to a
13locate request, the owner or operator of such facilities or the
14excavator or the State's Attorney or the Illinois Commerce
15Commission at the request of the owner or operator of such
16facilities or the excavator may commence an action in the
17circuit court for the county in which the excavation or
18demolition is occurring or is to occur, or in which the person
19complained of has his principal place of business or resides,
20for the purpose of having such negligent or unsafe excavation
21or demolition stopped and prevented or to compel the marking of
22underground utilities facilities or CATS facilities, either by
23mandamus or injunction.
24(Source: P.A. 92-179, eff. 7-1-02.)
 

 

 

SB1570- 37 -LRB101 08727 JRG 53814 b

1    (220 ILCS 50/14)  (from Ch. 111 2/3, par. 1614)
2    Sec. 14. Home rule. The regulation of underground utility
3facilities and CATS facilities damage prevention, as provided
4for in this Act, is an exclusive power and function of the
5State. A home rule unit may not regulate underground utility
6facilities and CATS facilities damage prevention, as provided
7for in this Act. All units of local government, including home
8rule units that are not municipalities of more than 1,000,000
9persons, must comply with the provisions of this Act. To this
10extent, this Section is a denial and limitation of home rule
11powers and functions under subsection (h) of Section 6 of
12Article VII of the Illinois Constitution. A home rule
13municipality of more than 1,000,000 persons may regulate
14underground utility facilities and CATS facilities damage
15prevention.
16(Source: P.A. 99-121, eff. 7-23-15.)
 
17    (220 ILCS 50/2.1 rep.)
18    (220 ILCS 50/2.1.9 rep.)
19    (220 ILCS 50/5 rep.)
20    Section 10. The Illinois Underground Utility Facilities
21Damage Prevention Act is amended by repealing Sections 2.1,
222.1.9, and 5.

 

 

SB1570- 38 -LRB101 08727 JRG 53814 b

1 INDEX
2 Statutes amended in order of appearance
3    220 ILCS 50/2from Ch. 111 2/3, par. 1602
4    220 ILCS 50/2.1.1 new
5    220 ILCS 50/2.1.2 new
6    220 ILCS 50/2.1.3
7    220 ILCS 50/2.1.4
8    220 ILCS 50/2.1.5
9    220 ILCS 50/2.1.7 new
10    220 ILCS 50/2.1.8 new
11    220 ILCS 50/2.2from Ch. 111 2/3, par. 1602.2
12    220 ILCS 50/2.3from Ch. 111 2/3, par. 1602.3
13    220 ILCS 50/2.4from Ch. 111 2/3, par. 1602.4
14    220 ILCS 50/2.5from Ch. 111 2/3, par. 1602.5
15    220 ILCS 50/2.7
16    220 ILCS 50/2.8
17    220 ILCS 50/2.9
18    220 ILCS 50/2.10
19    220 ILCS 50/2.11
20    220 ILCS 50/2.12 new
21    220 ILCS 50/2.13 new
22    220 ILCS 50/3from Ch. 111 2/3, par. 1603
23    220 ILCS 50/4from Ch. 111 2/3, par. 1604
24    220 ILCS 50/6from Ch. 111 2/3, par. 1606
25    220 ILCS 50/7from Ch. 111 2/3, par. 1607

 

 

SB1570- 39 -LRB101 08727 JRG 53814 b

1    220 ILCS 50/7.5 new
2    220 ILCS 50/8from Ch. 111 2/3, par. 1608
3    220 ILCS 50/9from Ch. 111 2/3, par. 1609
4    220 ILCS 50/10from Ch. 111 2/3, par. 1610
5    220 ILCS 50/11from Ch. 111 2/3, par. 1611
6    220 ILCS 50/11.3
7    220 ILCS 50/12from Ch. 111 2/3, par. 1612
8    220 ILCS 50/13from Ch. 111 2/3, par. 1613
9    220 ILCS 50/14from Ch. 111 2/3, par. 1614
10    220 ILCS 50/2.1 rep.
11    220 ILCS 50/2.1.9 rep.
12    220 ILCS 50/5 rep.