SB 2129 — UNDERGROUND UTILITIES DAMAGE

(220 ILCS 50/2.1.6 new) Sec.

2.1.6.

Residential property owner.

"Residential property owner" means any individual or entity that owns or leases real property, which property is zoned residential and used by such individual or entity as its residence or dwelling.

Residential property owner does not include any persons who own or lease residential property for the purpose of holding or developing such property or for any other business or commercial purposes.

(220 ILCS 50/2.1.7 new) Sec.

2.1.7.

Designer.

"Designer" means any person involved in the preparation of plans for a construction or improvement project that may require excavation or demolition and who has been registered to utilize the design stage request process through the State-Wide One-Call Notice System.

SB2129 Engrossed - 4 - LRB095 16977 MJR 43023 b (220 ILCS 50/2.1.8 new) Sec.

2.1.8.

Design stage request.

"Design stage request" means a request for the approximate location of underground utility facilities by a designer who is in the design stage of a project and excavation is not intended in the immediate future.

(220 ILCS 50/2.1.9 new) Sec.

2.1.9.

JULIE Excavator Manual.

"JULIE Excavator Manual" means the handbook periodically updated and published by the State-Wide One-Call Notice System that provides information for excavators and facility owners and operators on the use and services of the State-Wide One-Call Notice System.

(220 ILCS 50/2.2) (from Ch.

SB2129 - 2 - LRB095 16977 MJR 43023 b (1) a public utility as defined in the Public Utilities Act;

(3) a pipeline entity transporting gases, crude oil, petroleum products, or other hydrocarbon materials within SB2129 Engrossed - 5 - LRB095 16977 MJR 43023 b the State;

(5) a community antenna television system, also referred to as "CATS", as defined in the Illinois Municipal Code;

"Underground utility facilities" or "facilities" means and includes wires, ducts, fiber optic cable, conduits, pipes, sewers, and cables and their connected appurtenances installed beneath the surface of the ground by a public utility (as is defined in the Illinois Public Utilities Act, as amended), or by a municipally owned or mutually owned utility providing a SB2129 - 3 - LRB095 16977 MJR 43023 b similar utility service, except an electric cooperative as defined in the Illinois Public Utilities Act, as amended, or by a pipeline entity transporting gases, crude oil, petroleum products, or other hydrocarbon materials within the State, or by a telecommunications carrier as defined in the Universal Telephone Service Protection Law of 1985, or by a company described in Section 1 of "An Act relating to the powers, SB2129 Engrossed - 6 - LRB095 16977 MJR 43023 b duties and property of telephone companies", approved May 16, 1903, as amended, or by a community antenna television system, hereinafter referred to as "CATS", as defined in the Illinois Municipal Code, as amended.

7-1-02.) (220 ILCS 50/2.1250/4) new)(from Sec.Ch.

2.12.

Joint meet.

"Joint meet" means (i) a meeting scheduled through the State-Wide One-Call Notice System for excavators, owners or operators of underground utility facilities, utility facility locators, or other necessary SB2129 - 4 - LRB095 16977 MJR 43023 b parties to discuss a large or complicated excavation and an opportunity to exchange information, such as maps, plans, or schedules and (ii) a request processed through the State-Wide One-Call Notice System to have facility owners or operators pick up maps, plans, or schedules.

(220 ILCS 50/2.13 new) Sec.

2.13.

No show request.

"No show request" means a subsequent notice initiated by an excavator through the State-Wide One-Call Notice System to the owners or operators of underground utility facilities notified in the prior locate request that either failed to mark their facilities or to communicate their non-involvement with the excavation prior to the requested dig start date and time.

(220 ILCS 50/2.14 new) Sec.

2.14.

Incomplete request.

"Incomplete request" means a subsequent notice initiated by an excavator through the State-Wide One-Call Notice System to the owners or operators of underground utility facilities, notified in a prior locate request, that such facility owners or operators, as identified by the person excavating, did not completely mark the entire extent or the entire segment of the proposed excavation, as identified by the excavator in the prior notice.

(220 ILCS 50/2.15 new) SB2129 - 5 - LRB095 16977 MJR 43023 b Sec.

2.15.

Re-mark request.

"Re-mark request" means a subsequent notice initiated by an excavator through the State-Wide One-Call Notice System to the owners or operators of underground utility facilities, notified in the initial locate request, requesting facility owners or operators to re-mark all or part of the work area identified in the initial locate request, because facility markings are becoming or have become indistinguishable due to factors, including, but not limited to, weather, fading, construction activity, or vandalism.

(220 ILCS 50/2.16 new) Sec.

2.16.

Residential property owner.

"Residential property owner" means any individual or entity that owns or leases real property, which property is zoned residential and used by such individual or entity as its residence or dwelling.

Residential property owner does not include any persons who own or lease residential property for the purpose of holding or developing such property or for any other business or commercial purposes.

(220 ILCS 50/2.17 new) Sec.

2.17.

Designer.

"Designer" means any person involved in the preparation of plans for a construction or improvement project, which may require excavation or demolition, and who has been registered to utilize the design stage request process through the State-Wide One-Call Notice System.

SB2129 - 6 - LRB095 16977 MJR 43023 b (220 ILCS 50/2.18 new) Sec.

2.18.

Design stage request.

"Design stage request" means a request for the approximate location of underground utility facilities by a designer who is in the design stage of a project and excavation is not intended in the immediate future.

(220 ILCS 50/2.19 new) Sec.

2.19.

JULIE Excavator Manual.

"JULIE Excavator Manual" means the handbook periodically updated and published by the State-Wide One-Call Notice System that provides information for excavators and facility owners and operators on the use and services of the State-Wide One-Call Notice System.

(220 ILCS 50/4) (from Ch.

(b) plan the excavation or demolition to avoid or minimize interference with underground utility facilities or CATS facilities within the tolerance zone by utilizing such precautions that include, but are not limited to, hand excavation, vacuum excavation methods, and visually SB2129 Engrossed - 7 - LRB095 16977 MJR 43023 b excavation, vacuum excavation methods, and visually inspecting the excavation while in progress until clear of the existing marked facility;

(d) provide notice not less than 48 hours but no more than 14 calendar days in advance of the start of the excavation or demolition to the owners or operators of the underground utility facilities or CATS facilities in and near the excavation or demolition area through the State-Wide One-Call Notice System or, in the case of nonemergency excavation or demolition within the boundaries of a municipality of at least one million persons which operates its own one-call notice system, through the one-call notice system which operates in that municipality;municipality.

At a minimum, the notice required under this subsection (d) shall provide:

(1) the person’s name, address, phone number at which a person can be reached, and fax number, if available;

(2) the start date and time of the planned excavation or demolition;

(3) all counties, cities, or townships, or any combination thereof, where the proposed excavation shall take place;

(4) the address at which the excavation or SB2129 Engrossed - 8 - LRB095 16977 MJR 43023 b demolition shall take place;

(5) the type and extent of the work involved;

and (6) the section or quarter sections when the information in items (1) through (5) of this subsection (d) does not allow the State-Wide One-Call Notice System to determine the appropriate excavation or demolition site.

This item (6) does not apply to residential property owners;

(f) backfill all excavations in such manner and with such materials as may be reasonably necessary for the protection of existing underground utility facilities or SB2129 - 8 - LRB095 16977 MJR 43023 b CATS facilities in and near the excavation or demolition area;

and (g) after After February 29, 2004, when the excavation or demolition project will extend past 28 calendar days from the date of the original notice provided under clause (d), the excavator shall provide a subsequent notice to the owners or operators of the underground utility facilities or CATS facilities in and near the excavation or demolition SB2129 Engrossed - 9 - LRB095 16977 MJR 43023 b area through the State-Wide One-Call Notice System or, in the case of excavation or demolition within the boundaries of a municipality having a population of at least 1,000,000 inhabitants that operates its own one-call notice system, through the one-call notice system that operates in that municipality informing utility owners and operators that additional time to complete the excavation or demolition project will be required.

The notice will provide the excavator with an additional 28 calendar days from the date of the subsequent notification to continue or complete the excavation or demolition project;.project ;.

If, after proper notification through the State-Wide One-Call Notice System and upon arrival at the site of a the proposed excavation, the excavator observes clear evidence of the presence of an unmarked or incompletely marked utility in the area of the proposed excavation, the excavator shall not begin SB2129 - 9 - LRB095 16977 MJR 43023 b excavating until all affected facilities have been marked or 2 hours after an additional call is made to the State-Wide One-Call Notice System for the area.

and (i) when factors, including, but not limited to, weather, construction activity, or vandalism, at the SB2129 Engrossed - 10 - LRB095 16977 MJR 43023 b excavation site have caused the utility markings to become faded or indistinguishable, the excavator shall provide an additional notice through the State-Wide One-Call Notice System requesting that only the affected areas where excavation or demolition is to continue be re-marked.

and SB2129 - 10 - LRB095 16977 MJR 43023 b (5) section/quarter sections when the above information does not allow the State-Wide One-Call Notice System to determine the appropriate geographic section/quarter sections.

Nothing in this Section prohibits the use of any method of excavation if conducted in a manner that would avoid interference with underground utility facilities or CATS SB2129 Engrossed - 11 - LRB095 16977 MJR 43023 b facilities.

(2) the start date and time of the joint meeting;meet;

SB2129 - 11 - LRB095 16977 MJR 43023 b (3) the address at which the joint meet will take place;

SB2129 Engrossed - 12 - LRB095 16977 MJR 43023 b (b) Persons using the joint meet process are encouraged to the refer to the JULIE Excavator Manual for additional information on the use of a joint meet request.

(a) PersonsBeginning on January 1, 2009, persons desiring to utilize the design stage request process are required to complete and submit the "Design Stage Registration Form & Confidentiality Agreement" through the State-Wide One-Call Notice System prior to initiating a design stage request.

(2) Make a reasonable effort to prepare the construction drawings to minimize interference with SB2129 - 12 - LRB095 16977 MJR 43023 b existing and proposed underground utility facilities in the construction area.

(3) Provide the following information to the StateState-Wide Wide One-Call Notice System at the time of the design stage request:

SB2129 Engrossed - 13 - LRB095 16977 MJR 43023 b (B) the name, address, and telephone number of the business requesting the facility location information;

(4) Provide site-specific information to qualified bidders of the projectproject. (c) Designers are encouraged to refer to the JULIE SB2129 - 13 - LRB095 16977 MJR 43023 b Excavator Manual for other information prior to initiating a design stage request.

(c) Designers are encouraged to refer to the JULIE Excavator Manual for other information prior to initiating a design stage request.

Owners or operators SB2129 Engrossed - 14 - LRB095 16977 MJR 43023 b shall respond to a design stage request upon notification by the designer to the StateState-Wide Wide One-Call Notification System of a design stage request.

After contact is made with the owner or operator by the designer, the owner or operator shall respond in one of the following 3 ways within 15 working days, excluding Saturdays, Sundays, and State-Wide One-Call Notification System-recognized holidays:

or (3) the designer may be requested to send drawings or SB2129prints, -or 14both, -of LRB095the 16977job MJRsite 43023to bthe prints.member.

or both, of the job site to the member.

If the owner or operator requests drawings of the job site, then the owner or operator shall mark existing facilities on drawings or prints, or both, or provide copies of the facility owner’s record SB2129 Engrossed - 15 - LRB095 16977 MJR 43023 b information and return the documents to the designer.

(1) the person’s name, address, and (i) phone number at which a person can be reached and (ii) fax number, if SB2129 - 15 - LRB095 16977 MJR 43023 b available;

There is a wait time of 2 hours or the date and time SB2129 Engrossed - 16 - LRB095 16977 MJR 43023 b requested on the notice, whichever is longer, after an emergency locate notification request is made through the State-Wide One-Call Notice System.

Upon notice by the person engaged in emergency excavation or demolition, the owner or operator of an underground utility facility or CATS facility in or near the excavation or demolition area shall communicate with the person engaged in emergency excavation or demolition within 2 hours or by the date and time requested on the notice, whichever is longer by (1) marking the appropriateapproximate location of underground facilities;

SB2129 - 16 - LRB095 16977 MJR 43023 b The notice by the owner or operator to the person engaged in emergency excavation or demolition may be provided by phone or phone message or by marking the excavation or demolition area.

The owner or operator has discharged the owner’s or operator’s obligation to provide notice under this Section if the owner or operator attempts to provide notice by telephone but is unable to do so because the person engaged in the SB2129 Engrossed - 17 - LRB095 16977 MJR 43023 b emergency excavation or demolition does not answer his or her telephone or does not have an answering machine or answering service to receive the telephone call.

SB2129 - 17 - LRB095 16977 MJR 43023 b (c) The reinstallation of traffic control devices shall be deemed an emergency for purposes of this Section.

1607) SB2129 Engrossed - 18 - LRB095 16977 MJR 43023 b Sec.

In the event of any damage to or dislocation of any underground utility facilities or CATS facilities in connection with any excavation or demolition, emergency or nonemergency, the person responsible for the excavation or demolition operations shall immediately cease excavation in the area of the damage when the damaged facility is a threat to life or property or if otherwise required by law and notify the affected utility and the State-Wide One-Call Notice System or, in the case of damage or dislocation in connection with any excavation or demolition within the boundaries of a municipality having a population of at least 1,000,000 inhabitants that operates its own one-call notice system, notify the affected utility and the one-call notice system that operates in that municipality.

In the event of aany damage to any underground utility facility that results in the escape of any flammable, toxic, or corrosive gas or liquid, the SB2129 - 18 - LRB095 16977 MJR 43023 b person responsible for the excavation or demolition shall call 9-1-1 and notify authorities of the damage.

8-5-03.) SB2129 Engrossed - 19 - LRB095 16977 MJR 43023 b (220 ILCS 50/10) (from Ch.

Upon notice by the person engaged in excavation or demolition, the person owning or operating underground utility facilities or CATS facilities in or near the excavation or demolition area shall cause a written record to be made of the notice and shall mark, within 48 hours of receipt of notice or by the requested date and time indicated on the notice, whichever is later,,later, the approximate locations of such facilities so as to enable the person excavating or demolishing to establish the location of the underground utility facilities or CATS facilities.

"Depth", in this case, is defined as the distance measured vertically from the surface of the ground to the top SB2129 - 19 - LRB095 16977 MJR 43023 b of the sewer facility.

(1) directional boring is the indicated type of excavation work SB2129 Engrossed - 20 - LRB095 16977 MJR 43023 b being performed within the notice;

It is unreasonable to request owners and operators of underground utility facilities and CATS facilities to locate all of their facilities in an affected area upon short notice SB2129 - 20 - LRB095 16977 MJR 43023 b in advance of a large or extensive nonemergency project, or to request extensive locates in excess of a reasonable excavation or demolition work schedule, or to request locates under conditions where a repeat request is likely to be made because of the passage of time or adverse job conditions.

Owners and operators of underground utility facilities and CATS SB2129 Engrossed - 21 - LRB095 16977 MJR 43023 b facilities must reasonably anticipate seasonal fluctuations in the number of locate requests and staff accordingly.

or by marking the excavation or demolition SB2129 - 21 - LRB095 16977 MJR 43023 b area.

The owner or operator of those facilities has discharged the owner’s or operator’s obligation to provide notice under this Section if the owner or operator attempts to provide notice by telephone or by facsimile, if the person has supplied a facsimile number, but is unable to do so because the person engaged in the excavation or demolition does not answer his or SB2129 Engrossed - 22 - LRB095 16977 MJR 43023 b her telephone or does not have an answering machine or answering service to receive the telephone call or does not have a facsimile machine in operation to receive the facsimile transmission.

For the purposes of this Act, underground facility operators may utilize a combination of flags, stakes, and paint SB2129 - 22 - LRB095 16977 MJR 43023 b when possible on non-paved surfaces and when dig site and seasonal conditions warrant.

SB2129 Engrossed - 23 - LRB095 16977 MJR 43023 b Underground Facility Identification Color Facility Owner or Agent Use Only Electric Power, Distribution and Transmission ......................

Safety Pink SB2129 - 23 - LRB095 16977 MJR 43023 b Proposed Excavation....................

1611) SB2129 Engrossed - 24 - LRB095 16977 MJR 43023 b Sec.

(b) Every person who, while engaging in excavation or demolition, has provided the notice to the owners or operators of the underground utility facilities or CATS facilities in and near the excavation or demolition area through the State-Wide One-Call Notice System as required by Section 4 or 6 of this Act, but otherwise wilfully fails to comply with this Act, SB2129 - 24 - LRB095 16977 MJR 43023 b shall be subject to a penalty of up to $2,500 for each separate offense and shall be liable for the damage caused to the owners or operators of the facility.

(c) Every person who, while engaging in excavation or demolition, has provided the notice to the owners or operators of the underground utility facilities or CATS facilities in and SB2129 Engrossed - 25 - LRB095 16977 MJR 43023 b near the excavation or demolition area through the State-Wide One-Call Notice System as required by Section 4 or 6 of this Act, but otherwise, while acting reasonably, damages any underground utility facilities or CATS facilities, shall not be subject to a penalty, but shall be liable for the damage caused to the owners or operators of the facility provided the underground utility facility or CATS facility is properly marked as provided in Section 10 of this Act.

(e) Owners and operators of underground utility facilities who willfully fail to comply with this Act by a failure to respond or mark the approximate location of an underground utility as required by subsection (h) of Section 4, subsection (a) of Section 6, or Section 10 of this Act after being SB2129 - 25 - LRB095 16977 MJR 43023 b notified of planned excavation or demolition through the State-Wide One-Call Notice System, shall be subject to a penalty of up to $5,000 for each separate offense.

Owners and operators of underground utility facilities or CATS facilities (i) who wilfully fail to comply with this Act by a failure to mark the location of an underground utility or CATS facility or SB2129 Engrossed - 26 - LRB095 16977 MJR 43023 b a failure to provide notice that facilities are not within the proposed excavation or demolition area as required in Section 10, or (ii) who willfully fail to respond as required in Section 6 to an emergency request, after being notified of planned excavation or demolition through the State-Wide One-Call Notice System, shall be subject to a penalty of up to $5,000 for each separate offense resulting from the failure to mark an underground utility facility or CATS facility.

(g) No owner or operator of underground utility facilities or CATS facilities shall be subject to a penalty where a delay SB2129 - 26 - LRB095 16977 MJR 43023 b in marking or a failure to mark or properly mark the location of an underground utility or CATS facility is caused by conditions beyond the reasonable control of such owner or operator.

(h) Any person who is neither an agent, employee, or authorized locating contractor of the owner or operator of the SB2129 Engrossed - 27 - LRB095 16977 MJR 43023 b underground utility facility or CATS facility nor an excavator involved in the excavation activity who removes, alters, or otherwise damages markings, flags, or stakes used to mark the location of an underground utility or CATS facility other than during the course of the excavation for which the markings were made or before completion of the project shall be subject to a penalty up to $1,000 for each separate offense.

(j) The Illinois Commerce Commission shall have the power SB2129 - 27 - LRB095 16977 MJR 43023 b and jurisdiction to, and shall, enforce the provisions of this Act.

SB2129 Engrossed - 28 - LRB095 16977 MJR 43023 b When a penalty is warranted, the following criteria shall be used in determining the magnitude of the penalty:

however, when determining non-compliance the alleged violator’s roleroles as operator or owner and the person engaged in excavating shall be treated separately;

All penalties recovered in any action under this Section shall be paid into the Fund and shall be distributed annually as a grant to the State-Wide One-Call Notice System to be used in safety and informational programs to reduce the number of incidents of damage to underground SB2129 - 28 - LRB095 16977 MJR 43023 b utility facilities and CATS facilities in Illinois.

In all such actions under this Section, the procedure and rules of evidence shall conform with the Code SB2129 Engrossed - 29 - LRB095 16977 MJR 43023 b of Civil Procedure, and with rules of courts governing civil trials.

SB2129 - 29 - LRB095 16977 MJR 43023 b (Source:

8-18-05.) SB2129Section -99. 30 - LRB095 16977 MJR 43023 b INDEX Statutes amended in order of appearance 220 ILCS 50/2.1 from Ch.

111Effective 2/3,date. par.

1602.1This 220Act ILCStakes 50/2.2effect fromupon Ch.becoming law.

111 2/3, par.

1602.2 220 ILCS 50/2.6 220 ILCS 50/2.12 new 220 ILCS 50/2.13 new 220 ILCS 50/2.14 new 220 ILCS 50/2.15 new 220 ILCS 50/2.16 new 220 ILCS 50/2.17 new 220 ILCS 50/2.18 new 220 ILCS 50/2.19 new 220 ILCS 50/4 from Ch.

111 2/3, par.

1604 220 ILCS 50/4.1 new 220 ILCS 50/4.2 new 220 ILCS 50/4.3 new 220 ILCS 50/4.4 new 220 ILCS 50/4.5 new 220 ILCS 50/6 from Ch.

111 2/3, par.

1606 220 ILCS 50/7 from Ch.

111 2/3, par.

1607 220 ILCS 50/10 from Ch.

111 2/3, par.

1610 220 ILCS 50/11 from Ch.

111 2/3, par.

1611