Full Text of HB1309 95th General Assembly
HB1309ham001 95TH GENERAL ASSEMBLY
|
Environment & Energy Committee
Filed: 3/21/2007
|
|
09500HB1309ham001 |
|
LRB095 04955 LCT 33837 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1309
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1309 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Underground Utility Facilities | 5 |
| Damage Prevention Act is amended by changing Section 11 as | 6 |
| follows:
| 7 |
| (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
| 8 |
| Sec. 11. Penalties; liability; fund.
| 9 |
| (a) Every person who, while engaging
in excavation or
| 10 |
| demolition, wilfully fails to comply with the Act by failing to | 11 |
| provide the
notice to the owners or operators of the | 12 |
| underground facilities or CATS
facility near the excavation or | 13 |
| demolition area through the State-Wide
One-Call Notice System | 14 |
| as required by Section 4 or 6 of this Act shall be subject to a
| 15 |
| penalty of up to $5,000 for each
separate offense and shall be | 16 |
| liable for
the damage caused to the owners or operators of the |
|
|
|
09500HB1309ham001 |
- 2 - |
LRB095 04955 LCT 33837 a |
|
| 1 |
| facility.
| 2 |
| (b) Every person who, while engaging in excavation or | 3 |
| demolition, has
provided the notice to the owners or operators | 4 |
| of the underground utility
facilities or CATS facilities in and | 5 |
| near the excavation or demolition area
through the State-Wide | 6 |
| One-Call Notice System as required by Section 4 or 6 of
this | 7 |
| Act, but otherwise wilfully fails to comply with this Act, | 8 |
| shall be subject to a
penalty of up to $2,500 for each
separate | 9 |
| offense and shall be liable
for the damage caused to the owners | 10 |
| or operators of the facility.
| 11 |
| (c) Every person who, while engaging in excavation or | 12 |
| demolition, has
provided the notice to the owners or operators | 13 |
| of the underground utility
facilities or CATS facilities in and | 14 |
| near the excavation or demolition area
through the State-Wide | 15 |
| One-Call Notice System as required by Section 4 or 6 of
this | 16 |
| Act, but otherwise, while acting reasonably, damages any | 17 |
| underground
utility facilities or CATS facilities, shall not be | 18 |
| subject to a penalty, but
shall be liable for the damage caused | 19 |
| to the owners or operators of the
facility provided the | 20 |
| underground utility facility or CATS facility is
properly | 21 |
| marked as provided in Section 10 of this Act.
| 22 |
| (d) Every person who, while engaging in excavation or | 23 |
| demolition, provides
notice to the owners or operators of the | 24 |
| underground utility facilities or CATS
facilities through the | 25 |
| State-Wide One-Call Notice System as an emergency locate
| 26 |
| request and the locate request is not an emergency locate |
|
|
|
09500HB1309ham001 |
- 3 - |
LRB095 04955 LCT 33837 a |
|
| 1 |
| request as defined in
Section 2.6 of this Act shall be subject | 2 |
| to a penalty of up to $2,500 for each
separate offense.
| 3 |
| (e) Owners and operators of underground utility facilities | 4 |
| or CATS facilities (i) who wilfully fail to comply with this
| 5 |
| Act by a failure to mark the location of an underground
utility | 6 |
| or CATS facility or a failure to provide notice that facilities | 7 |
| are not within the proposed excavation or demolition area as | 8 |
| required in Section 10, or (ii) who willfully fail to respond | 9 |
| as required in Section 6 to an emergency request, after being | 10 |
| notified of planned excavation or
demolition through the | 11 |
| State-Wide One-Call Notice System, shall be subject to
a | 12 |
| penalty of up to
$5,000
for each separate offense resulting | 13 |
| from the failure to
mark an
underground utility facility or | 14 |
| CATS facility.
| 15 |
| (f) As provided in Section 3 of this Act, all owners or | 16 |
| operators of
underground utility facilities or CATS facilities | 17 |
| who fail to join the
State-Wide One-Call Notice System by | 18 |
| January 1, 2003 shall be subject to a
penalty of $100 per day | 19 |
| for each separate offense. Every day an owner or
operator fails | 20 |
| to join the State-Wide One-Call Notice System is a separate
| 21 |
| offense. This subsection (f) does not apply to utilities | 22 |
| operating facilities
or CATS facilities exclusively within the | 23 |
| boundaries of a municipality with a
population of at least | 24 |
| 1,000,000 persons.
| 25 |
| (g) No owner or operator of underground utility facilities | 26 |
| or CATS facilities shall be subject to a penalty where a
delay |
|
|
|
09500HB1309ham001 |
- 4 - |
LRB095 04955 LCT 33837 a |
|
| 1 |
| in marking or a failure to mark or properly mark the location | 2 |
| of an
underground utility or CATS facility is caused by | 3 |
| conditions beyond the
reasonable control of such owner or | 4 |
| operator.
| 5 |
| (h) Any person who is neither an agent, employee, or | 6 |
| authorized locating
contractor of the owner or operator of the | 7 |
| underground utility facility
or CATS
facility
nor an
excavator | 8 |
| involved in the excavation activity
who
removes, alters, or | 9 |
| otherwise damages markings, flags, or stakes used to mark
the
| 10 |
| location of an
underground utility or CATS facility other than | 11 |
| during the course of the
excavation for which
the markings were | 12 |
| made or before completion of the project shall be subject to
a | 13 |
| penalty up to
$1,000 for each separate offense.
| 14 |
| (h-5) In addition to the liability provided for in this | 15 |
| Section, any person who, while engaging in excavation or | 16 |
| demolition, damages any underground utility facility or CATS | 17 |
| facility shall be liable for the cost of any public service, | 18 |
| such as police, fire, or other emergency provider, that | 19 |
| responds because of the damage to the underground utility | 20 |
| facility or CATS facility.
| 21 |
| (i) The excavator shall exercise due care at all times to | 22 |
| protect
underground utility facilities and CATS facilities. | 23 |
| If, after proper
notification through the State-Wide One-Call | 24 |
| Notice System and upon arrival at
the site of a proposed | 25 |
| excavation, the excavator observes clear evidence of the
| 26 |
| presence of an unmarked utility or CATS facility in the area of |
|
|
|
09500HB1309ham001 |
- 5 - |
LRB095 04955 LCT 33837 a |
|
| 1 |
| the proposed
excavation, the excavator shall not begin | 2 |
| excavating until 2 hours after an
additional call is made to | 3 |
| the State-Wide One-Call Notice System for the area.
The | 4 |
| operator of the utility or CATS facility shall respond within 2 | 5 |
| hours of
the excavator's call to the State-Wide One-Call Notice | 6 |
| System.
| 7 |
| (j) The Illinois Commerce Commission shall have the power | 8 |
| and jurisdiction
to, and shall, enforce the provisions of this | 9 |
| Act. The Illinois Commerce
Commission
may impose | 10 |
| administrative penalties as provided in this Section. The | 11 |
| Illinois
Commerce Commission may promulgate rules and develop
| 12 |
| enforcement policies in the manner provided by the Public | 13 |
| Utilities Act in
order to implement compliance with this Act. | 14 |
| When a
penalty is warranted, the following criteria shall be | 15 |
| used in determining the
magnitude of the penalty:
| 16 |
| (1) gravity of noncompliance;
| 17 |
| (2) culpability of offender;
| 18 |
| (3) history of noncompliance for the 18 months prior to | 19 |
| the date of the incident;
| 20 |
| (4) ability to pay penalty;
| 21 |
| (5) show of good faith of offender;
| 22 |
| (6) ability to continue business; and
| 23 |
| (7) other special circumstances.
| 24 |
| (k) There is hereby created in the State treasury a special | 25 |
| fund to be
known
as the Illinois Underground Utility Facilities | 26 |
| Damage Prevention Fund. All
penalties recovered in any action |
|
|
|
09500HB1309ham001 |
- 6 - |
LRB095 04955 LCT 33837 a |
|
| 1 |
| under this Section shall be paid into the
Fund and shall be | 2 |
| distributed annually as a grant to the State-Wide
One-Call | 3 |
| Notice System to be used in safety and informational programs | 4 |
| to
reduce the number of incidents of damage to underground | 5 |
| utility facilities
and CATS facilities in Illinois. The | 6 |
| distribution shall be made during
January of each calendar year | 7 |
| based on the balance in the Illinois
Underground Utility | 8 |
| Facilities Damage Prevention Fund as of December 31 of
the | 9 |
| previous calendar year. In all such actions under this Section, | 10 |
| the
procedure and rules of evidence shall conform with the Code | 11 |
| of Civil
Procedure, and with rules of courts governing civil | 12 |
| trials.
| 13 |
| (l) The Illinois Commerce Commission shall establish an | 14 |
| Advisory
Committee consisting of a representative from each of | 15 |
| the following: utility
operator, JULIE, excavator, | 16 |
| municipality, and the general public. The Advisory
Committee | 17 |
| shall serve as a peer review panel for any contested penalties
| 18 |
| resulting from the enforcement of this Act.
| 19 |
| The members of the Advisory Committee shall be immune, | 20 |
| individually and
jointly, from civil liability for any act or | 21 |
| omission done or made in
performance of their duties while | 22 |
| serving as members of such Advisory
Committee, unless the act | 23 |
| or omission was the result of willful and wanton
misconduct.
| 24 |
| (m) If, after the Advisory Committee has considered a | 25 |
| particular contested
penalty and performed its review | 26 |
| functions under this Act and the Commission's
rules, there |
|
|
|
09500HB1309ham001 |
- 7 - |
LRB095 04955 LCT 33837 a |
|
| 1 |
| remains a dispute as to whether the Commission should impose a
| 2 |
| penalty under this Act, the matter shall proceed in the manner | 3 |
| set forth in
Article X of the Public Utilities Act, including | 4 |
| the provisions governing
judicial review.
| 5 |
| (Source: P.A. 94-623, eff. 8-18-05.)".
|
|