Full Text of HB5756 96th General Assembly
HB5756eng 96TH GENERAL ASSEMBLY
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HB5756 Engrossed |
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LRB096 18249 MJR 35684 b |
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| AN ACT concerning utilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Underground Utility Facilities | 5 |
| Damage Prevention Act is amended by changing Section 10 as | 6 |
| follows:
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| (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
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| Sec. 10. Record of notice; marking of facilities. | 9 |
| (a) After the effective date of this amendatory Act of the | 10 |
| 96th General Assembly, all fiber-optic network conduit | 11 |
| installed as new or replacement underground fiber-optic | 12 |
| network conduit pursuant to subsection (b) of Section 9-131 of | 13 |
| the Illinois Highway Code must be marked with detectable | 14 |
| underground warning tape that is able to be traced by inductive | 15 |
| locating. The marking shall be a minimum of 6 inches and be | 16 |
| buried as close to the ground surface as possible, or between 4 | 17 |
| and 6 inches deep. | 18 |
| The warning tape shall be American Public Works Association | 19 |
| color-coded to match the type of utility line it is protecting. | 20 |
| (b) Upon notice by the
person engaged in excavation or
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| demolition, the person owning or operating underground utility | 22 |
| facilities
in or near the excavation or demolition area shall
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| cause a written record to be made of the notice and shall mark, |
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| within 48
hours of receipt of notice or by the requested date | 2 |
| and time indicated on the notice, whichever is later, the
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| approximate locations of such facilities so as to enable the | 4 |
| person excavating
or demolishing to establish the location of | 5 |
| the underground utility facilities. Owners and operators of | 6 |
| underground sewer facilities
that are located outside the | 7 |
| boundaries of a municipality having a population
of at least | 8 |
| 1,000,000 inhabitants
shall be required to
respond and mark the | 9 |
| approximate location of those sewer facilities when
the | 10 |
| excavator indicates, in the notice required in Section 4, that | 11 |
| the
excavation or demolition project will exceed a depth of 7 | 12 |
| feet. "Depth", in
this
case, is defined as the distance | 13 |
| measured vertically from the surface of the
ground to the top | 14 |
| of the sewer facility. Owners and operators of underground
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| sewer
facilities
that are located outside the boundaries of a | 16 |
| municipality having a population
of at least 1,000,000 | 17 |
| inhabitants
shall be required at all times to locate the | 18 |
| approximate location of
those sewer facilities
when: (1) | 19 |
| directional
boring is the indicated type of excavation work | 20 |
| being performed within the
notice; (2) the underground sewer | 21 |
| facilities owned are non-gravity, pressurized
force mains; or | 22 |
| (3) the excavation indicated will occur in the immediate
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| proximity of known
underground sewer facilities that are less | 24 |
| than 7 feet deep. Owners or
operators of underground sewer
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| facilities that are located outside the boundaries of a | 26 |
| municipality having a
population
of at least 1,000,000 |
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| inhabitants
shall not hold an excavator liable for damages that | 2 |
| occur to sewer
facilities that were not required to be marked | 3 |
| under this Section, provided
that
prompt notice of the damage | 4 |
| is made to the State-Wide One-Call Notice System
and
the | 5 |
| utility owner as required in Section 7.
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| All persons subject to the requirements of this Act shall | 7 |
| plan and conduct
their work consistent with reasonable business | 8 |
| practices. Conditions may exist
making it unreasonable to | 9 |
| request that locations be marked within 48 hours or by the | 10 |
| requested date and time indicated on the notice, whichever is | 11 |
| later. It
is unreasonable to request owners and operators of | 12 |
| underground utility
facilities to locate all of their | 13 |
| facilities in an affected
area upon
short notice in advance of | 14 |
| a large or extensive nonemergency project, or to
request | 15 |
| extensive locates in excess of a reasonable excavation or | 16 |
| demolition
work schedule, or to request locates under | 17 |
| conditions where a repeat request is
likely
to be made because | 18 |
| of the passage of time or adverse job conditions.
Owners
and | 19 |
| operators of underground utility facilities must
reasonably | 20 |
| anticipate seasonal fluctuations in the number of locate | 21 |
| requests
and staff accordingly.
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| If a person owning or operating underground utility | 23 |
| facilities receives a notice under this Section but does not | 24 |
| own
or operate any underground utility facilities within the
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| proposed excavation or demolition area described in the notice, | 26 |
| that person,
within 48 hours or by the requested date and time |
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| indicated on the notice, whichever is later, after receipt
of | 2 |
| the notice, shall so notify the person engaged in excavation or | 3 |
| demolition
who initiated the notice, unless the person who | 4 |
| initiated the notice
expressly waives the right to be notified | 5 |
| that no facilities are located within
the excavation or | 6 |
| demolition area. The notification by the owner or operator
of
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| underground utility facilities to the person engaged in
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| excavation or demolition may be provided in any reasonable | 9 |
| manner including,
but not limited to, notification in any one | 10 |
| of the following ways: by
face-to-face communication; by phone | 11 |
| or phone message; by facsimile; by posting
in the excavation or | 12 |
| demolition area; or by marking the excavation or
demolition | 13 |
| area. The owner or operator of those facilities has discharged | 14 |
| the
owner's or operator's obligation to provide notice under | 15 |
| this Section if the
owner or operator attempts to provide | 16 |
| notice by telephone or by facsimile, if
the person has supplied | 17 |
| a facsimile number, but is unable to do
so because the person | 18 |
| engaged in the excavation or demolition does not answer
his or | 19 |
| her telephone or does not have an answering machine or | 20 |
| answering service
to receive the telephone call or does not | 21 |
| have a facsimile machine in operation
to receive the facsimile | 22 |
| transmission. If the owner or operator attempts to
provide | 23 |
| notice by telephone or by facsimile but receives a busy signal, | 24 |
| that
attempt shall not serve to discharge the owner or operator | 25 |
| of the obligation to
provide notice under this Section.
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| A person engaged in excavation or demolition may expressly |
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| waive the right
to notification from the owner or operator of | 2 |
| underground utility facilities that the owner or operator has | 3 |
| no facilities located in the
proposed excavation or demolition | 4 |
| area. Waiver of notice is only permissible
in the case of | 5 |
| regular or nonemergency locate requests. The waiver must be
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| made at the time of
the notice to the State-Wide One-Call | 7 |
| Notice System. A waiver made under this
Section is not | 8 |
| admissible as evidence in any criminal or civil action that may
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| arise out of, or is in any way related to, the excavation or | 10 |
| demolition that is
the subject of the waiver.
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| For the purposes of this Act,
underground facility | 12 |
| operators may utilize a combination of flags, stakes,
and paint | 13 |
| when possible on non-paved surfaces and when dig site and | 14 |
| seasonal
conditions warrant. If the approximate
location of an | 15 |
| underground utility facility is marked with
stakes or other | 16 |
| physical means, the following color coding shall be employed:
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17 | | Underground Facility Identification Color |
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18 | | Facility Owner or Agent Use Only | |
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19 | | Electric Power, Distribution and | |
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20 | | Transmission ........................ | Safety Red |
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21 | | Municipal Electric Systems .............. | Safety Red |
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22 | | Gas Distribution and Transmission ....... | High Visibility Safety |
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23 | | | Yellow |
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| 1 | | Oil Distribution and Transmission ....... | High Visibility Safety |
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2 | | | Yellow |
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3 | | Telephone and Telegraph Systems ......... | Safety Alert Orange |
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4 | | Community Antenna Television Systems .... | Safety Alert Orange |
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5 | | Water Systems ........................... | Safety Precaution Blue |
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6 | | Sewer Systems ........................... | Safety Green |
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7 | | Non-potable Water and Slurry Lines ...... | Safety Purple |
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9 | | Temporary Survey ........................ | Safety Pink |
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10 | | Proposed Excavation ..................... | Safety White (Black |
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11 | | | when snow is on the |
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12 | | | ground) |
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| (Source: P.A. 96-714, eff. 1-1-10.)
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| Section 10. The Illinois Highway Code is amended by | 15 |
| changing Section 9-131 as follows: | 16 |
| (605 ILCS 5/9-131)
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| Sec. 9-131. Installation of fiber-optic network conduit. | 18 |
| (a) For purposes of this Section: | 19 |
| "Fiber-optic network conduit" means a pipe or duct used to | 20 |
| enclose fiber-optic cable facilities buried alongside the | 21 |
| roadway or surface mounted on bridges, overpasses, and other | 22 |
| facilities where below ground placement is impossible or |
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| impractical. | 2 |
| (b) In order to ensure affordable high-speed, world-class | 3 |
| core information and communication networks are available | 4 |
| throughout Illinois, the Illinois Department of Transportation | 5 |
| and the Department of Central Management Services shall | 6 |
| collaborate to install fiber-optic network conduit where it | 7 |
| does not already exist in every new State-funded construction | 8 |
| project that opens, bores, or trenches alongside a State-owned | 9 |
| infrastructure, including, but not limited to, roadways and | 10 |
| bridges. The Department of Central Management Services or the | 11 |
| Department of Transportation may permit a third party to manage | 12 |
| the fiber and conduit leasing. The Department of Central | 13 |
| Management Services and the Department of Transportation shall | 14 |
| take reasonable steps to ensure market-based, | 15 |
| non-discriminatory pricing. Public bidding notices for such | 16 |
| projects must describe the need for fiber-optic conduit or | 17 |
| cable. The Department of Transportation shall report annually | 18 |
| to the Governor and the General Assembly on the progress and | 19 |
| any associated costs incurred by this Section. All fiber-optic | 20 |
| network conduit installed pursuant to this Section must comply | 21 |
| with subsection (a) of Section 10 of the Illinois Underground | 22 |
| Utility Facilities Damage Prevention Act. This Section does not | 23 |
| prohibit the State from purchasing or installing fiber-optic | 24 |
| cable within the fiber-optic network conduit.
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| (Source: P.A. 96-37, eff. 7-13-09.) |
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