HB2263 103RD GENERAL ASSEMBLY

LRB103 05762 AMQ 50782 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2263

Introduced 2/14/2023, by Rep. Lawrence "Larry" Walsh, Jr.

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Underground Utility Facilities Damage Prevention Act. Makes various changes to the definitions. Provides that owners or operators of underground utility facilities are required to be members of the One-Call Notice system (rather than the State-Wide One-Call Notice System). Provides that if, upon notice from the One-Call Notice system, an underground utility facility owner or operator determines there is a critical underground utility facility within the proposed excavation area and the underground utility facility owner or operator desires to have an authorized representative present during excavation near the critical underground utility facility, the underground utility facility owner or operator shall contact the excavator prior to the dig start date and time provided on the notice to schedule a date and time for the underground utility facility owner or operator to be present when excavation will occur near the critical underground utility facility. Provides for the following: a positive response system; a planning design notification; and a joint meet notification. Requires geographic information system data to be provided to the One-Call Notice system. Makes changes in provisions concerning: required activities; emergency excavation or demolition; damage or dislocation; liability or financial responsibility; negligence; record of notice and marking of facilities; penalties, liability, and fund; emergency telephone system outages and reimbursement; noncompliance and enforcement action time frames; mandamus or injunction; and home rule. Provides that if any previously unmarked underground utility facility is exposed during excavation or demolition, emergency or nonemergency, the excavator responsible for excavation or demotion operations shall immediately notify the One-Call Notice System. Repeals the definition of "person" and a provision concerning notice of preconstruction conference. Makes technical and other changes.

A BILL FOR

AN ACT concerning utilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Underground Utility Facilities Damage Prevention Act is amended by changing Sections 1, 2, 2.1.3, 2.1.4, 2.1.5, 2.1.9, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11.3, 11.5, 12, 13, and 14 and by adding Sections 2.1.1, 2.1.2, 2.1.7, 2.1.8, 2.1.11, 2.1.12, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, 2.19, 4.1, 5.1, 5.2, 5.3, 5.4, and 7.5 as follows:

(220 ILCS 50/1) (from Ch. 111 2/3, par. 1601)

Sec. 1. This Act shall be known and may be cited as the Illinois Underground Utility Facilities Damage Prevention Act, and for the purposes of participating in the State of Illinois Joint Purchasing Program, the State-Wide One-Call Notice System, commonly referred to as "JULIE, Inc.", shall be considered as created by this Act.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)

Sec. 2. Definitions. As used in this Act, unless the context clearly otherwise requires, the terms specified in Sections 2.1.1 2.1 through 2.19 2.11 have the meanings ascribed to them in those Sections.

(Source: P.A. 94-623, eff. 8-18-05.)

(220 ILCS 50/2.1.1 new)

Sec. 2.1.1. Excavator. "Excavator" means any person or legal entity, public or private, that engages in excavation or demolition work.

(220 ILCS 50/2.1.2 new)

Sec. 2.1.2. Pre-mark. "Pre-mark" means the use of white paint, stakes, or flags to delineate the work area at the site of the proposed excavation or demolition area. If visible, an existing above ground fixed structure may be considered a pre-mark. A verbal pre-mark is adequate when the scope requested to be marked is narrow and explicit enough to prevent marking a large area beyond the actual area of excavation or demolition. If utilized, physical pre-marking for the area of the planned excavation or demolition shall be accomplished prior to notifying the One-Call Notice System.

(220 ILCS 50/2.1.3)

Sec. 2.1.3. No show request. "No show request" means a 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 such facility owners or operators, as identified by the excavator and confirmed, when implemented, through the positive response system, in accordance with subsection (a) of Section 5.1, either failed to mark their facilities or to communicate their non-involvement with the excavation prior to the requested dig start date and time on the locate request.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/2.1.4)

Sec. 2.1.4. Incomplete request. "Incomplete request" means a 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 excavator and, when implemented, confirmed by the positive response system, in accordance with subsection (a) of Section 5.1 person excavating, did not completely mark the entire extent or the entire segment of the proposed excavation, as identified on by the excavator in the locate request or as previously documented and mutually agreed upon prior notice.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/2.1.5)

Sec. 2.1.5. Re-mark request. "Re-mark request" means a 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 underground utility facility owners or operators to re-mark all or part of the work area identified in the initial locate request, because underground utility facility markings are becoming or have become indistinguishable due to factors, including, but not limited to, weather, fading, construction activity, or vandalism. Only the affected areas where excavation or demolition is to continue shall be requested to be re-marked.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/2.1.7 new)

Sec. 2.1.7. Normal notice request. "Normal notice request" means a request for locates that provides no less than 2 days, but no more than 10 days, advance notice of a planned excavation or demolition. Excavation or demolition on a normal notice request shall begin within 10 days of the valid dig start date and time and is valid for 25 days from the date of the initial request unless a subsequent request for extension, as described in subsection (g) of Section 4, is made. Normal notice requests shall be limited to one-fourth contiguous mile within a municipality and one contiguous mile within any unincorporated area, which includes townships. Requests are valid for a single street with an exception for intersecting roads of 250 feet in all directions. Any excavation continuing on a side street shall require an additional request.

(220 ILCS 50/2.1.8 new)

Sec. 2.1.8. One-Call Notice System. "One-Call Notice System" means "JULIE, Inc." for all excavation or demolition performed and includes all underground utility facilities owned outside the jurisdiction of the city limits of Chicago.

(220 ILCS 50/2.1.9)

Sec. 2.1.9. JULIE Excavation Safety Resource Excavator Handbook. "JULIE Excavation Safety Resource Excavator Handbook" means the materials handbook periodically updated and published by the State-Wide One-Call Notice System that provides information for excavators and underground utility facility owners and operators on the use and services of the State-Wide One-Call Notice System.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/2.1.11 new)

Sec. 2.1.11. Project owner. "Project owner" means the person or legal entity, public or private, or planning entities that are financially responsible for the undertaking of a project that involves excavation or demolition.

(220 ILCS 50/2.1.12 new)

Sec. 2.1.12. Service lateral. "Service lateral" means an underground facility located in a public right-of-way or utility easement that connects an end users' building or property to a facility owner's or operator's underground utility facility.

(220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)

Sec. 2.2. Underground utility facilities. "Underground utility facilities" or "facilities" means and includes wires, ducts, fiber optic cable, conduits, pipes, sewers, and cables and their connected appurtenances installed or existing beneath the surface of the ground and either owned, operated, or controlled by:

(1) a public utility as defined in the Public Utilities Act;

(2) a municipally owned or mutually owned utility providing a similar utility service;

(3) a pipeline entity transporting gases, crude oil, petroleum products, or other hydrocarbon materials within the State;

(4) a telecommunications carrier as defined in the Universal Telephone Service Protection Law of 1985, or by a company described in Section 1 of the Telephone Company Act;

(5) a community antenna television system, as defined in the Illinois Municipal Code or the Counties Code;

(6) a holder or broadband service, as those terms are that term is defined in the Cable and Video Competition Law of 2007;

(7) any other entity owning or operating underground facilities that transport generated electrical power to other utility owners or operators or transport generated electrical power within the internal electric grid of a wind turbine generation farm, solar farm, or solar installation; and

(8) an electric cooperative as defined in the Public Utilities Act; and .

(9) any other active member of the One-Call Notice System.

(Source: P.A. 100-863, eff. 8-14-18.)

(220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)

Sec. 2.3. Excavation.

(a) "Excavation" means any operation in which earth, rock, or other material in or on the ground is moved, removed, or otherwise displaced by means of any tools, power equipment or explosives, and includes, without limitation, grading, trenching, digging, ditching, drilling, augering, boring, tunneling, scraping, cable or pipe plowing, saw cutting or roadway surface milling when penetrating into the base or subbase of a paved surface, and driving, but does not include:

(1) farm tillage operations; or

(2) railroad right-of-way maintenance; or operations or

(3) coal mining operations regulated under the Federal Surface Mining Control and Reclamation Act of 1977 or any State law or rules or regulations adopted under the federal statute; , or

(4) land surveying operations as defined in the Illinois Professional Land Surveyor Act of 1989 when not using power equipment, and when prior to manually driving any pin or rod under this subsection, the intended location for the pin or rod is hand probed using a round-tipped probe rod to the depth of the intended pin or rod; , or

(5) roadway surface milling; .

(6) manually inserting, without the use of power equipment, a temporary round-tipped ground or probe rod as part of underground utility facility locating;

(7) manually inserting, without the use of power equipment, a temporary round-tipped probe rod for bar holing to determine the area of a leaking underground hazardous gas or liquid facility; or

(8) manually inserting, without the use of power equipment, a round-tipped ground rod for the purpose of grounding utility equipment when an emergency exists and no other ground source is available.

(b) An exclusion to this Section in no way prohibits a request from being made for the marking of underground utility facilities.

(c) Any exception to excavation contained within this Section is not intended to remove liability that may be imposed against an individual or entity because of damage caused to an underground utility facility.

(Source: P.A. 94-623, eff. 8-18-05.)

(220 ILCS 50/2.4) (from Ch. 111 2/3, par. 1602.4)

Sec. 2.4. Demolition. "Demolition" means the wrecking, razing, rending, moving, or removing of a structure by means of any power tool, power equipment (exclusive of transportation equipment), or explosives.

(Source: P.A. 86-674.)

(220 ILCS 50/2.5) (from Ch. 111 2/3, par. 1602.5)

Sec. 2.5. Damage. "Damage" means the contact or dislocation of any underground utility facility or CATS facility during excavation or demolition which necessitates immediate or subsequent repair by the owner or operator of such underground utility facility due to any partial or complete destruction of the underground utility facility, including, but not limited to, the protective coating, lateral support, cathodic protection, or housing for the line or device of the underground utility facility.

(Source: P.A. 86-674.)

(220 ILCS 50/2.6)

Sec. 2.6. Emergency locate request. "Emergency locate request" means a locate request for any condition constituting an imminent danger to life, health, or property, or a utility service outage, and which requires repair or action before the expiration of 2 days 48 hours.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/2.7)

Sec. 2.7. Tolerance zone. "Tolerance zone" means:

(1) if the diameter of the underground utility facility is indicated, the distance of one-half of the known diameter plus one and one-half feet on either side of the designated center line of the underground utility facility marking;

(2) if the diameter of the underground utility facility is not indicated, one and one-half feet on either side of the outside edge of the underground utility facility marking; or

(3) for subaqueous underground utility facilities, a distance of 30 feet on either side of the indicated underground utility facility. For purposes of this Section, "subaqueous" means an underground utility facility located under a lake, river, or navigable waterway.

The underground utility facility markings provided shall not indicate that the width of the marked underground utility facility is any greater than the actual width of the underground utility facility.

The tolerance zone shall also apply to visible utility structures, including, but not limited to, poles with overhead to underground transitions, pedestals, transformers, meters, hydrants, and valve boxes. There shall be an one and one-half foot tolerance zone entirely around such facilities the approximate location of underground utility facilities or CATS facilities defined as a strip of land at least 3 feet wide, but not wider than the width of the underground facility or CATS facility plus 1-1/2 feet on either side of such facility based upon the markings made by the owner or operator of the facility.

Excavation within the tolerance zone requires extra care and precaution, including, but not limited to, as set forth in Section 4.

(Source: P.A. 92-179, eff. 7-1-02.)

(220 ILCS 50/2.8)

Sec. 2.8. Approximate location. "Approximate location" means the location of the marked underground utility facility that lies entirely within the tolerance zone a strip of land at least 3 feet wide, but not wider than the width of the underground facility or CATS facility plus 1.5 feet on either side of the facility.

(Source: P.A. 92-179, eff. 7-1-02.)

(220 ILCS 50/2.9)

Sec. 2.9. Day or days. "Day" or "days" "Forty-eight hours" means any day, 2 business days beginning at 8 a.m. and ending at 4 p.m. (exclusive of Saturdays, Sundays, and holidays, beginning at 12:00 a.m. and ending at 11:59 p.m., recognized by the State-Wide One-Call Notice System, including the day of the actual notice. or the municipal one-call notice system). All requests for locates received after 4 p.m. will be processed as if received at 8 a.m. the next business day.

(Source: P.A. 94-623, eff. 8-18-05.)

(220 ILCS 50/2.10)

Sec. 2.10. Open cut utility locate. "Open cut utility locate" means a method of locating underground utility facilities that requires excavation by the owner, operator, or agent of the underground utility facility.

(Source: P.A. 94-623, eff. 8-18-05.)

(220 ILCS 50/2.11)

Sec. 2.11. Roadway surface milling. "Roadway surface milling" means the removal of a uniform pavement section by rotomilling, grinding, saw cutting, or other means that does not penetrate into including the roadway base or subbase.

(Source: P.A. 94-623, eff. 8-18-05.)

(220 ILCS 50/2.12 new)

Sec. 2.12. Damage notification. "Damage notification" means notification through the One-Call Notice System to the underground utility facility owner or operator that damage to an underground utility facility has occurred in the area of the excavation or demolition.

(220 ILCS 50/2.13 new)

Sec. 2.13. Exposed notification. "Exposed notification" means notification through the One-Call Notice System to the underground utility facility owner or operator that a previously unmarked underground utility facility has been exposed, but not damaged, in the area of the excavation or demolition.

(220 ILCS 50/2.14 new)

Sec. 2.14. Large project. "Large project" means a single excavation that exceeds 25 days, as defined in Section 2.9, consists of geographical boundaries that exceed a normal notice request, or involves a series of repetitive, related-scope, short-term excavations.

(220 ILCS 50/2.15 new)

Sec. 2.15. Planning design notification. "Planning design notification" means the process prior to the excavation phase of a project where information is gathered and decisions are made regarding the route or location of a proposed excavation. The use of the information that is obtainable pursuant to this Section is intended to minimize delays of construction projects not for excavation or bidding purposes. The underground utility facilities owner or operator may indicate any portion of the information that is proprietary and require the planner designer to protect the proprietary information.

(220 ILCS 50/2.16 new)

Sec. 2.16. Joint meet notification. "Joint meet notification" means a notice of a meeting held prior to the excavation phase to discuss projects that cannot be adequately communicated within a normal notice request. The meeting is intended to allow the exchange of maps, plans, or schedules. It is not a locating session and shall be held at or near the excavation site. Joint meet notifications are not to be used in lieu of valid normal notice requests and are required for, but not limited to, large projects as defined in Section 2.14.

(220 ILCS 50/2.17 new)

Sec. 2.17. Locatable service laterals. "Locatable service laterals" applies to underground facilities installed after December 31, 2024. Any person or legal entity, public or private, who, after December 31, 2024, installs a nonconductive service lateral shall ensure the installation is locatable by electromagnetic means or other equally effective means for marking the location of the service lateral. The requirement shall not apply to minor repairs to, or partial replacements of, service laterals installed prior to December 31, 2024.

(220 ILCS 50/2.18 new)

Sec. 2.18. Positive response system. "Positive response system" means an automated system facilitated by the One-Call Notice System allowing an underground utility facility owner or operator to communicate to an excavator the presence, absence, or response status of any conflict between the existing underground utility facilities in the area of excavation or demolition.

(220 ILCS 50/2.19 new)

Sec. 2.19. Geographic information system data. "Geographic information system data" means data to be applied to the One-Call Notice System software to facilitate a more clearly defined notification area for excavation notices sent to the system members. "Geographic information system data" includes, but is not limited to:

(1) address points with site addresses;

(2) parcels with site addresses;

(3) road center lines with names and address range;

(4) city limits with names;

(5) political townships with names;

(6) railroads with names;

(7) streams with names; and

(8) water bodies with names.

(220 ILCS 50/3) (from Ch. 111 2/3, par. 1603)

Sec. 3. One-Call Notice System Membership. The owners or operators of underground utility facilities are required to be members of the One-Call Notice System or CATS facilities that are not currently participants in the State-Wide One-Call Notice System shall, within 6 months of the effective date of this Act, join the State-Wide One-Call Notice System. This Section shall not apply to utilities operating facilities or CATS facilities exclusively within the boundaries of a municipality with a population of at least one million persons.

(Source: P.A. 86-674.)

(220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)

Sec. 4. Required activities. Every excavator person who engages in nonemergency excavation or demolition shall:

(a) take reasonable action to inform oneself himself of the location of any underground utility facilities in and near the area for which such operation is to be conducted;

(b) plan the excavation or demolition to avoid or minimize interference with underground utility facilities within the tolerance zone by utilizing such precautions that include, but are not limited to, hand excavation, vacuum excavation methods to the depth of the proposed excavation or demolition, and visually inspecting the excavation while in progress until clear of the approximate location of the existing marked underground utility facility;

(c) pre-mark in accordance with Section 2.1.2 if practical, use white paint, flags, stakes, or both, to outline the dig site;

(d) provide notice not less than 2 days 48 hours but no more than 10 days 14 calendar days in advance of the start of the excavation or demolition to the owners or operators of the underground utility facilities at or 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. The excavator shall start the excavation or demolition before the expiration of 10 days after the valid dig start date and time on the notice. 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 if available, a fax number and email address , if available;

(2) the start date, or if applicable, the specified start time, whichever is later, and time of the planned excavation or demolition;

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

(4) the address or location at which the excavation or demolition shall take place;

(5) the type and extent of the work, extent, and description of the area where excavation or demolition is to occur 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;

(7) an indication of whether directional boring or horizontal directional drilling will be used;

(8) an indication of whether the excavation will exceed 7 feet in depth;

(9) an indication of how the proposed excavation or demolition has been pre-marked as defined in Section 2.1.2;

(10) the identity of the project owner; and

(11) the latitude and longitude of the relevant area, if available.

The information specified in paragraphs (1) through (9) are still required when providing the latitude and longitude;

(e) provide, during and following excavation or demolition, such support for existing underground utility facilities in and near the excavation or demolition area as may be reasonably necessary for the protection of such underground utility facilities and known service laterals unless otherwise agreed to by the owner or operator of the underground utility underground facility or known service laterals;

(f) backfill all excavations in such manner and with such materials as may be reasonably necessary for the protection of existing underground utility facilities in and near the excavation or demolition area;

(g) after February 29, 2004, when the excavation or demolition project will extend past the 25-day expiration 28 calendar days from the date of the original notice provided under clause (d) or a subsequent extension notice, the excavator shall provide a subsequent notice to the owners or operators of the underground utility facilities in and near the excavation or demolition 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 25 28 calendar days from the date of the subsequent notification to continue or complete the excavation or demolition project. An extension may be requested no earlier than the 20th day from the initial request or latest extension notice. The excavator may not provide a subsequent notice under this Section for the purpose of keeping a prior notice open or valid without continued excavation occurring within the period of that subsequent notice;

(h) exercise due care at all times to protect underground utility facilities and known service laterals. If, after proper notification through the State-Wide One-Call Notice System and upon arrival at the site of the proposed excavation, the excavator observes clear evidence of the presence of an unmarked or incompletely marked underground utility facility in the area of the proposed excavation, the excavator shall provide subsequent notice through the One-Call Notice System of the unmarked or incompletely marked underground utility facility and shall not begin excavating until all affected underground utility facilities have been marked or 2 hours, whichever is shorter, unless a greater time is indicated on the subsequent notice after an additional call is made to the State-Wide One-Call Notice System for the area. The owner or operator of the underground utility facility shall respond within 2 hours unless a greater time is indicated on the notice provided through the of the excavator's call to the State-Wide One-Call Notice System; and

(i) when factors, including, but not limited to, weather, construction activity, or vandalism, at the excavation site have caused the underground utility facility markings to become faded or indistinguishable, the excavator shall pre-mark again in accordance with Section 2.1.2 and provide a re-mark request 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. Underground utility facility Facility owners or operators must respond to the notice to re-mark according to the requirements of Section 10 of this Act.

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.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/4.1 new)

Sec. 4.1. Watch and protect.

(a) If, upon notice from the One-Call Notice System, an underground utility facility owner or operator determines there is a critical underground utility facility within the proposed excavation area and the underground utility facility owner or operator desires to have an authorized representative present during excavation near the critical underground utility facility, the underground utility facility owner or operator shall contact the excavator prior to the dig start date and time provided on the notice to schedule a date and time for the underground utility facility owner or operator to be present when excavation will occur near the critical underground utility facility.

(b) All excavators shall comply with the underground utility facility owner's or operator's request to be present during excavation near critical underground utility facilities. In lieu of having an authorized representative present, the underground utility facility owner or operator may choose to conduct minimal excavation near the critical underground utility facility to expose its location. However, it is incumbent on the underground utility facility owner or operator to comply with the excavator's schedule for when excavation will occur near the critical underground utility facility.

(c) During the course of a project, if excavation near critical underground utility facilities stops by more than one day and then recommences, the excavator shall establish direct contact with the underground utility facility owner or operator not less than one day prior to the excavation, each time the excavation is to occur, to advise the underground utility facility owner or operator of the excavation taking place.

(d) Nothing in this Section shall prohibit an excavator from excavating prudently and carefully near a critical underground utility facility without the underground utility facility owner or operator present if the underground utility facility owner or operator waives the request to be present or to complete a minimal excavation exposing the critical underground utility facility or is unable to comply with the excavator's schedule.

(220 ILCS 50/5.1 new)

Sec. 5.1. Positive response system.

(a) Beginning January 1, 2025, an excavator shall confirm through the positive response system prior to excavation or demolition that all underground utility facility owners or operators that are identified on the notice have provided a status update, responded, and marked or provided an all clear notification.

(b) Beginning January 1, 2025, an underground utility facility owner or operator shall respond through the positive response system prior to the dig start date and time on the notice with an appropriate system code. A minimal delay not to exceed one hour in reporting a system code in response to an emergency request shall not be a violation of this Section.

(c) If an underground utility facility owner or operator fails to respond or provide a status update through the positive response system by the dig start date and time on the notice, or a later time as otherwise agreed upon and submitted through the positive response system, the One-Call Notice System shall transmit an additional notification to that underground utility facility owner or operator and shall continue to send out daily notifications until the positive response system receives a response confirming compliance with this Section.

(d) If an underground utility facility owner or operator fails to respond or provide a status update to the positive response system, the excavator may proceed after complying with subsection (h) of Section 4, and the underground utility facility owner or operator shall respond in accordance with subsection (h) of Section 4.

(e) If all notified underground utility facility owners or operators have responded as "marked" or "clear" prior to the expiration of the dig start date and time on the notice, the wait time shall be considered expired and no additional wait time is required prior to commencing with the excavation or demolition work listed on the notice.

(220 ILCS 50/5.2 new)

Sec. 5.2. Planning design notification.

(a) An underground utility facility owner or operator shall have the following responsibilities:

(1) respond to a valid planning design notification within 10 days or such date as shall be mutually agreed upon between the underground utility facility owner or operator and the designer or planner. The underground utility facility owner or operator shall provide information regarding the location, size, if greater than 2 inches in diameter, and type, which shall be generically listed as communication, electric, gas, water, and, if direct, buried or in conduit or duct package, of underground utility facilities based on the best information available to the underground utility facility owner within the scope of the proposed project;

(2) respond to a planning design notification in one of the following methods:

(A) provide digital or paper drawings or prints, preferred format of KMZ file or shapefile, that are drawn to scale, if available, providing the type and size, as described in paragraph (1), of the infrastructure, including visible utility structures, which shall include, if available, measurements from the back of the curb, sidewalk, edge of the pavement, centerline of the ditch, property lines, and other similar items;

(B) request the proposed plans or drawings from the designer or planner and illustrate the location of the underground utility facility owner's or operator's underground utility facilities, drawn to scale, if available, providing the type and size, as described in paragraph (1), of the facilities, including visible structures on such plans;

(C) locate and mark the underground utility facility owner's or operator's underground utility facilities within the scope of the proposed project, as agreed to with the planner or designer;

(D) if the responding underground utility facility owner or operator is unable to comply with subparagraph (A) or (B), then the underground utility facility owner or operator shall mark the underground utility facilities within the scope of the proposed project, as agreed to with the planner or designer; or

(E) if marking of the infrastructure is the preferred or required response of the underground utility facility owner or operator, the underground utility facility owner or operator shall only mark main line facilities or any service lines that would otherwise be considered main line due to size or type, as described in paragraph (1); and

(3) may charge a nominal fee to locate and mark the proposed project, as described in subparagraph (C) or (D) of paragraph (2);

(b) The planner or designer shall have the following responsibilities:

(1) follow the guidelines set forth in CI/ASCE 38-02 Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data, as amended, when preparing plans or drawings;

(2) illustrate on all appropriate documents the position, size, and type, as defined in paragraph (1) of subsection (a), of all known underground utility facilities obtained in the planning design notification process and include the valid planning design notification number provided by the One-Call Notice System on any plans or drawings; and

(3) make all reasonable efforts to prepare the plans or drawings to minimize interference with known existing and proposed underground utility facilities in the proposed project area.

(c) A planning design notification shall include the following information:

(1) name, address, telephone number, office and cell phone, and, if available, email address of the designated contact requesting the information;

(2) name, address, telephone number, office and cell phone, and, if available, email address of the project owner;

(3) the approximate date when the underground utility facility information is required; and

(4) the specific area requiring underground utility facility information by one or more of the following means:

(A) the county and municipality or the county and township involved in the proposed project;

(B) street names involved in the proposed project, the north, south, east, and west boundaries of the proposed project, or the section number or numbers involved in the proposed project;

(C) latitude and longitude coordinates of the outside edges of the proposed project;

(D) digital data such as, but not limited to, shapefiles when technology and software allow;

(E) the type of work projected to take place within the proposed project; and

(F) known site specific underground utility facility information available to the project owner to be delivered to qualified bidders of the proposed project.

(220 ILCS 50/5.3 new)

Sec. 5.3. Joint meet notification.

(a) A Joint meet notification shall include the following information:

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

(2) the county and municipality or the county and township where the work will be performed;

(3) street names involved in the project, the north, south, east, and west boundaries of the project, or the section number or numbers involved in the project;

(4) the date, time and location where the joint meet will take place. The location of the joint meet shall be near the project site; and

(5) a minimum advance notice of the joint meet of 2 days, but no more than 90 days, prior to the planned start of excavation or demolition.

(b) Upon the receipt of a joint meet notification, an underground utility facility owner or operator shall attend the joint meet at the specified time and location. If there is a conflict between joint meet notifications, an excavator that provided a joint meet notification may receive a communication from a underground utility facility owner or operator requesting an alternate meeting time or date.

(c) If a joint meet notification is provided as part of a large project, the excavator shall notify the project owner and the designer or planner when and where the joint meet is to occur.

(d) Multiple joint meets shall be required in the case of a large project that extends into multiple political subdivisions. The excavator shall schedule, at a minimum, one joint meet per political subdivision to accommodate travel restrictions of responding underground utility facility owners or operators.

(e) Prior to the meeting, the excavator shall physically pre-mark the extent of the initial locate request for the proposed excavation area or route if normal notice locate requests are planned to be submitted with excavation beginning after the minimum advance notice of 2 days after the joint meet. The minimum advance notice for a large project is 5 days.

(f) Those participating at the joint meet shall agree to the individual obligations consistent with the project. These obligations may vary from project to project. It is not the intent of this process to provide a specific set of standards for all projects. It is intended that those participating at the joint meet shall have the flexibility to make decisions consistent with the project's parameters.

(g) The scope of the project shall be defined at the joint meet and specific project details, including, but not limited to, the number of phases and number of excavation crews and subcontractors, to the extent possible, shall be provided.

(h) The size and number of normal notice locate requests agreed to be submitted at one time at the joint meet shall be documented in the meeting notes and made available to those participating in the joint meet. However, any such agreement reached shall not exceed the normal notice locate request extent limits.

(i) If an underground utility facility owner or operator fails to attend the joint meet and does not request an alternate time or date to meet prior to commencement of excavation, the excavator may proceed according to the agreement reached with those attending the meeting.

(j) Within 90 days after the joint meet, the excavator shall submit the normal notice locate requests consistent with the agreements reached at the joint meet.

(k) The initial normal notice locate requests submitted after the joint meet shall require a minimum of 2 days advance notice and 5 days advance notice for large projects. All remaining normal notice locate requests shall be submitted in agreement with the joint meet schedule and provide a minimum advance notice of 2 days. The excavator shall not submit normal notice locate requests until after the joint meet.

(l) If the project start is delayed more than 90 days, or the scope of the project changes after the joint meet has been held and the locate schedule agreed to, a new joint meet notification shall be required.

(m) In a situation where an excavator creates multiple normal notice locate requests for a single project without a joint meet being held, an affected underground utility facility owner or operator may contact the excavator and recommend the excavator follow the joint meet process to assist in working out a locate schedule. A notified excavator that fails to follow the joint meet process may realize delays in marking of underground utility facilities on the project. In accordance with paragraphs (1) through (5) of subsection (e) of Section 10, a delay in marking is not in violation of this Act.

(220 ILCS 50/5.4 new)

Sec. 5.4. Geographic information system data. As described in Section 2.19, geographic information system data shall be provided to the One-Call Notice System by any county or State agency that has provided substantially similar data to any other not-for-profit or agency utilizing such data for public display of information or to be utilized by a not-for-profit or agency in the interest of public safety. This data shall be provided to the One-Call Notice System at a cost not to exceed the actual cost of transmission of the data.

(220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)

Sec. 6. Emergency excavation or demolition.

(a) Every excavator person who engages in emergency excavation or demolition outside of the boundaries of a municipality of at least one million persons which operates its own one-call notice system shall take all reasonable precautions to avoid or minimize interference between the emergency work and existing underground utility facilities in and near the excavation or demolition area, through the State-Wide One-Call Notice System, and shall notify, as far in advance as possible, the owners or operators of such underground utility facilities in and near the emergency excavation or demolition area, through the State-Wide One-Call Notice System. At a minimum, the notice required under this subsection (a) shall provide:

(1) the person's name, address, and (i) phone number at which a person with knowledge of the planned emergency excavation or demolition can be reached and, if available, a (ii) fax number and email address , if available;

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

(3) the address or location at which the emergency excavation or demolition will take place; and

(4) the type of work, and extent, and description of the area where emergency excavation or demolition is to occur; and of the work involved.

(5) the county and city or county and township where the emergency excavation or demolition will take place.

(a-1) There is a minimum wait time of 2 hours or the date and time requested on the notice, whichever is longer, after an emergency locate notification request is made through the State-Wide One-Call Notice System. If the conditions at the site dictate an earlier start than the date and time on the notice required wait time, it is the responsibility of the excavator to demonstrate that site conditions warranted this earlier start time.

(a-2) Upon notice by the excavator person engaged in emergency excavation or demolition, the owner or operator of an underground utility facility in or near the excavation or demolition area shall communicate with the excavator 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 approximate location of underground facilities;

(2) advising the excavator person excavating that their underground utility facilities are not in conflict with the emergency excavation; or

(3) notifying the excavator person excavating that the underground utility facility owner or operator shall be delayed in marking because of conditions as referenced in subsection (g) of Section 11 of this Act.

(a-3) The notice by the underground utility facility owner or operator to the excavator person engaged in emergency excavation or demolition may shall be provided utilizing the positive response system, in accordance with Section 5.1, and may also be provided by phone or phone message or by marking the excavation or demolition area. The underground utility facility owner or operator has discharged the underground utility facility owner's or operator's obligation to provide notice under this Section if the underground utility facility owner or operator attempts to provide notice by positive response or telephone but is unable to do so because the excavator person engaged in the emergency excavation or demolition does not answer the his or her telephone or does not have an answering machine, or answering service, or voicemail to receive the telephone call or positive response, in accordance with Section 5.1. If the underground utility facility owner or operator attempts to provide additional notice by telephone or by facsimile but receives a busy signal, that attempt shall not discharge the underground utility facility owner or operator from the obligation to provide notice under this Section.

(b)(Blank). Every person who engages in emergency excavation or demolition within the boundaries of a municipality of at least one million persons which operates its own one-call notice system shall take all reasonable precautions to avoid or minimize interference between the emergency work and existing underground utility facilities in and near the excavation or demolition area, through the municipality's one-call notice system, and shall notify, as far in advance as possible, the owners and operators of underground utility facilities in and near the emergency excavation or demolition area, through the municipality's one-call notice system.

(c) The reinstallation of traffic control devices shall be deemed an emergency for purposes of this Section.

(d) An open cut utility locate shall be deemed an emergency for purposes of this Section.

(e) During emergency situations, as described in Section 2.6, where the owner or operator of an underground utility facility has a widespread situation beyond the equipment or personnel capabilities to facilitate a timely repair or correction of the emergency, the underground utility facility owner or operator may utilize a subcontractor to facilitate the work without a separate emergency locate request by the subcontractor. However, for the purposes of this Act, in such a situation, the underground utility facility owner or operator shall be responsible for the actions of the subcontractor, unless the subcontractor has obtained the subcontractor's own emergency notice.

(f) Emergency notices provided through a One-Call Notice System shall expire 10 days after the date of the notice.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)

Sec. 7. Damage or dislocation.

(a) In the event of any damage to or dislocation of any underground utility facilities in connection with any excavation or demolition, emergency or nonemergency, the excavator person responsible for the excavation or demolition operations shall immediately notify the affected utility and the State-Wide One-Call Notice System and 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 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.

(b) The excavator person responsible for the excavation or demolition shall not attempt to repair, clamp, or constrict the damaged underground utility facility unless under the supervision or advisement of the underground utility facility owner or operator. At no time shall an excavator a person under this Act be required by an underground a utility facility owner or operator to attempt to repair, clamp, or constrict a damaged underground utility facility. In the event of any damage to any underground utility facility that results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator person responsible for the excavation or demolition shall call 9-1-1 and notify authorities of the damage.

(c) Owners and operators of underground utility facilities that are damaged and the excavator involved shall work in a cooperative and expeditious manner to repair the affected utility.

(d) The underground utility facility owner or operator shall provide to the One-Call Notice System a phone number with a dedicated extension, if applicable, that can be provided to the excavator allowing immediate notification by the excavator to the underground utility facility owner or operator of the potential damage.

(e) At a minimum, the notice required under this Section shall provide:

(1) a reference to the original excavation or demolition notice, if one exists;

(2) the type of underground utility facility damaged, if known;

(3) the name of the affected underground utility facility owner or operator, if known; and

(4) the location of the damaged underground utility facility at the excavation or demolition site.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/7.5 new)

Sec. 7.5. Exposed facility.

(a) If any previously unmarked underground utility facility is exposed during excavation or demolition, emergency or nonemergency, the excavator responsible for the excavation or demolition operations shall immediately notify the One-Call Notice System.

(b) At a minimum, the notice required under this Section shall provide:

(1) a reference to the original excavation or demolition notice, if one exists;

(2) the type of exposed underground utility facility, if known;

(3) the name of the affected underground utility facility owner or operator, if known; and

(4) the location of the exposed underground utility facility at the excavation or demolition site.

(220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)

Sec. 8. Liability or financial responsibility.

(a) Nothing in this Act shall be deemed to affect or determine the financial responsibility for any operation under this Act or liability of any entity or individual person for any damages that occur unless specifically stated otherwise.

(b) Nothing in this Act shall be deemed to provide for liability or financial responsibility of the Department of Transportation, its officers and employees concerning any underground utility facility or CATS facility located on highway right-of-way by permit issued under the provisions of Section 9-113 of the Illinois Highway Code. It is not the intent of this Act to change any remedies in law regarding the duty of providing lateral support.

(c) Neither the State-Wide One-Call Notice System nor any of its officers, agents, or employees shall be liable for damages for injuries or death to persons or damage to property caused by acts or omissions in the receipt, recording, or transmission of locate requests or other information in the performance of its duties as the State-Wide One-Call Notice System, unless the act or omission was the result of willful and wanton misconduct.

(d) Any residential property owner who fails to comply with any provision of this Act and damages underground utility facilities or CATS facilities while engaging in excavation or demolition on such residential property shall not be subject to a penalty under this Act, but shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities.

(Source: P.A. 92-179, eff. 7-1-02.)

(220 ILCS 50/9) (from Ch. 111 2/3, par. 1609)

Sec. 9. Negligence.

(a) When it is shown by competent evidence in any action for damages to underground utility facilities or CATS facilities that such damages resulted from excavation or demolition and that the excavator person engaged in such excavation or demolition failed to comply with the provisions of this Act, that excavator person shall be deemed prima facie guilty of negligence.

(b) When it is shown by competent evidence in any action for damages to excavators persons, material or equipment brought by excavators persons undertaking excavation or demolition acting in compliance with the provisions of this Act that such damages resulted from the failure of owners and operators of underground facilities or CATS facilities to comply with the provisions of this Act, those owners and operators shall be deemed prima facie guilty of negligence.

(Source: P.A. 86-674.)

(220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)

Sec. 10. Record of notice; marking of facilities.

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

For subaqueous underground utility facilities, when the underground utility facility owner or operator determines that a proposed excavation or demolition is in proximity to or in conflict with an underground utility facility located under a lake, river, or navigable waterway, the underground utility facility owner or operator shall identify the estimated horizontal route of the underground utility facility, within 15 days or by a date and time mutually agreed to, using marking buoys or other suitable devices, unless directed otherwise by an agency having jurisdiction over the waters under which the underground utility facility is located. For purposes of this Section, "subaqueous" means an underground utility facility located under a lake, river, or navigable waterway.

(b) Owners and operators of underground sewer facilities that are located outside the boundaries of a municipality having a population of at least 1,000,000 inhabitants shall be required to respond and mark the approximate location of those sewer facilities when the excavator indicates, in the notice required in Section 4, that the excavation or demolition project will exceed a depth of 7 feet. "Depth", in this case, is defined as the distance measured vertically from the surface of the ground to the top of the sewer facility.

(c) Owners and operators of underground sewer facilities that are located outside the boundaries of a municipality having a population of at least 1,000,000 inhabitants shall be required at all times to mark locate the approximate location of those sewer facilities when:

(1) directional boring is the indicated type of excavation work being performed within the notice;

(2) the underground sewer facilities owned are non-gravity, pressurized force mains; or

(3) the excavation indicated will occur in the immediate proximity of known underground sewer facilities that are less than 7 feet deep.

(d) Owners or operators of underground sewer facilities that are located outside the boundaries of a municipality having a population of at least 1,000,000 inhabitants shall not hold an excavator liable for damages that occur to sewer facilities that were not required to be marked under this Section, provided that prompt notice of known the damage is made to the State-Wide One-Call Notice System and the utility owner as required in Section 7.

(e) All entities persons subject to the requirements of this Act shall plan and conduct their work consistent with reasonable business practices.

(1) Conditions may exist making it unreasonable to request that locations be marked by the dig start date and time within 48 hours or by the requested date and time indicated on the notice, whichever is later. In such situations, the excavator and the underground utility facility owner or operator shall interact in good faith to establish a mutually agreeable date and time for the completion of the locate request.

(2) It is unreasonable to request owners and operators of underground utility facilities to locate all of their facilities in an affected area upon short notice in advance of a large or extensive nonemergency project. , or

(3) It is unreasonableto request extensive locates in excess of a reasonable excavation or demolition work schedule. , or

(4) It is unreasonable to request locates under conditions where a repeat request is likely to be made because of the passage of time or adverse job conditions.

(5) During periods where the locate request volume exceeds the reasonable control measurements for an underground utility facility owner or operator within a political subdivision, the advance notice on the locate request provided to the underground utility facility owner or operator may result in additional advance notification being required. If additional advance notification is required, the underground utility facility owner or operator shall be provided up to an additional 2 days advance notification.

(f) Owners and operators of underground utility facilities must reasonably anticipate seasonal fluctuations in the number of locate requests and staff accordingly.

(1) Seasonal fluctuations that result in the locate request volume exceeding reasonable control measurements within a political subdivision shall not be considered reasonable for the purposes of this Section.

(2) The official reasonable control measurements for the locate request volume shall be provided by the One-Call Notice System and shall be based on comparative historical measurements for a given political subdivision.

(g) If an a person owning or operating underground utility facility owner or operator facilities receives a notice under this Section but does not own or operate any underground utility facilities within the proposed excavation or demolition area described in the notice, that underground utility facility owner or operator person, within 48 hours or by the requested date and time indicated on the notice, whichever is later, by the dig start date and time on the notice, after receipt of the notice, shall so notify the excavator who initiated the notice in accordance with Section 5.1, and may be provided by phone or phone message or by marking the excavation or demolition area person engaged in excavation or demolition who initiated the notice, unless the person who initiated the notice expressly waives the right to be notified that no facilities are located within the excavation or demolition area.

(h) The notification by the owner or operator of underground utility facilities to the excavator person engaged in excavation or demolition may shall be provided utilizing the positive response system, in accordance with Section 5.1, and may in addition be provided in any reasonable manner including, but not limited to, notification in any one of the following ways:

(1) by face-to-face communication;

(2) by phone or phone message;

(3) by facsimile or email;

(4) by posting in the excavation or demolition area; or

(5) by marking the excavation or demolition area.

(i) 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 one of the following ways:

(1) utilizing the positive response system, in accordance with Section 5.1, if the excavator is unable to access the positive response system;

(2) telephone or by facsimile, if the person has supplied a facsimile number, but is unable to do so because the excavator person engaged in the excavation or demolition does not answer the excavator's his or her telephone or does not have the ability to receive telephone messages;

(3) facsimile, if the excavator has supplied a facsimile number and does not have a facsimile machine in operation to receive the facsimile transmission; or

(4) email, if the excavator has supplied an email address and the message is electronically undeliverable 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.

If the underground utility facility owner or operator attempts to provide additional notice by telephone or by facsimile but receives a busy signal, that attempt shall not serve to discharge the underground utility facility owner or operator of the obligation to provide notice under this Section.

A person engaged in excavation or demolition may expressly waive the right to notification from the owner or operator of underground utility facilities that the owner or operator has no facilities located in the proposed excavation or demolition area. Waiver of notice is only permissible in the case of regular or nonemergency locate requests. The waiver must be made at the time of the notice to the State-Wide One-Call Notice System. A waiver made under this Section is not admissible as evidence in any criminal or civil action that may arise out of, or is in any way related to, the excavation or demolition that is the subject of the waiver.

(j) For the purposes of this Act, the following color coding shall be used to mark the approximate location of underground utility facilities by the underground utility underground facility operators who may utilize a combination of flags, stakes, or and paint as when possible on non-paved surfaces and when dig site and seasonal conditions warrant. If the approximate location of an underground utility facility is marked with stakes or other physical means, the following color coding shall be employed:

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)

Sec. 11. Penalties; liability; fund.

(a) Every excavator person who, while engaging in excavation or demolition, willfully wilfully fails to comply with the Act by failing to provide the notice to the owners or operators of the underground facilities near the excavation or demolition area through the State-Wide One-Call Notice System as required by Section 4 or 6 of this Act shall be subject to a penalty of up to $5,000 for each separate offense and shall be liable for the damage caused to the owners or operators of the underground utility facility. Every excavator person who fails to provide notice and willfully fails to comply with other provisions of this Act shall be subject to additional penalties of up to $2,500 for each separate offense and shall be liable for the damage caused to the owners or operators of the underground utility facility.

(b) Every excavator person who has provided the notice to the owners or operators of the underground utility 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 willfully wilfully fails to comply with this Act, 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 underground utility facility.

(c) Every excavator person who, while engaging in excavation or demolition, has provided the notice to the owners or operators of the underground utility 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, while acting reasonably, damages any underground utility facilities, shall not be subject to a penalty, but shall be liable for the damage caused to the owners or operators of the underground utility facility provided the underground utility facility is properly marked as provided in Section 10 of this Act.

(d) Every excavator person who provides notice to the owners or operators of the underground utility facilities through the State-Wide One-Call Notice System as a no show, incomplete, an emergency locate request and the locate request is not a no show, incomplete, or an emergency locate request as defined in Sections 2.1.3, 2.1.4, or Section 2.6 of this Act shall be subject to a penalty of up to $2,500 for each separate offense.

(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 facilities as required by subsection (h) of Section 4, subsection (c) (a) of Section 6, or subsection (a) of Section 10 of this Act after being notified of planned or emergency excavation or demolition through the State-Wide One-Call Notice System, shall be subject to a penalty of up to $2,500 $5,000 for each separate offense.

(1) Owners or operators of underground utility facilities who fail to respond through the positive response system to a locate request as required in subsection (b) of Section 5.1 shall be subject to a penalty of up to $100 for each separate reported offense.

(2) Owners or operators of underground utility facilities shall not be subject to a penalty where a delay to respond through the positive response system is caused by conditions beyond the reasonable control of such owners or operators of underground utility facilities.

(3) The One-Call Notice System shall provide to the Illinois Commerce Commission on a quarterly basis a tabulation of underground utility facility owners or operators that failed to provide a response to the positive response system by the dig start date and time on the notice.

(f) As provided in Section 3 of this Act, all owners or operators of underground utility facilities who fail to join the State-Wide One-Call Notice System by January 1, 2003 shall be subject to a penalty of $100 per day for each separate offense. Every day an owner or operator fails to join the State-Wide One-Call Notice System is a separate offense. This subsection (f) does not apply to utilities operating facilities exclusively within the boundaries of a municipality with a population of at least 1,000,000 persons.

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

(1) For the purposes of this Section, "reasonable control" includes the underground utility facility owner's or operator's ability to staff to an unknown or potentially unknown locate request volume. Each underground utility facility owner or operator shall staff in a manner that such underground utility facility owner or operator can respond in accordance with Section 4 and Section 6 to locate request volume increases as determined by the One-Call Notice System. The official reasonable control measurements shall be determined as set forth in paragraph (2) of subsection (e).

(2) If the One-Call Notice System and the underground utility facility owners and operators are provided a minimum of 90-day notice of a large project for a proposed excavation or demolition project, the reasonable control measurement shall factor the advance notice into the official reasonable control measurements.

(h) Any entity that person who is neither an agent, employee, or authorized locating contractor of the owner or operator of the underground utility facility nor an excavator involved in the excavation or demolition activity who removes, alters, or otherwise damages markings, flags, or stakes used to mark the location of an underground utility 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.

(i) (Blank).

(j) The Illinois Commerce Commission shall have the power and jurisdiction to, and shall, enforce the provisions of this Act. The Illinois Commerce Commission may impose administrative penalties as provided in this Section. The Illinois Commerce Commission may promulgate rules and develop enforcement policies, 83 Ill. Adm. Code 265, in the manner provided by the Public Utilities Act in order to implement compliance with this Act. When a penalty is warranted, the following criteria shall be used in determining the magnitude of the penalty:

(1) gravity of noncompliance;

(2) culpability of offender;

(3) history of noncompliance for the 18 months prior to the date of the incident; however, when determining noncompliance non-compliance the alleged violator's roles as operator or owner and the entity person engaged in excavating shall be treated separately;

(4) (blank) ability to pay penalty;

(5) show of good faith of offender;

(6) (blank) ability to continue business; and

(7) other special circumstances.

(k) There is hereby created in the State treasury a special fund to be known as the Illinois Underground Utility Facilities Damage Prevention Fund. All penalties recovered Illinois Commerce Commission 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 operated by JULIE to be used in safety and informational programs to reduce the number of incidents of damage to underground utility facilities in Illinois. The distribution shall be made during January of each calendar year based on the balance in the Illinois Underground Utility Facilities Damage Prevention Fund as of December 31 of the previous calendar year. In all such actions under this Section, the procedure and rules of evidence shall conform with the Code of Civil Procedure, and with rules of courts governing civil trials.

(l) The Illinois Commerce Commission shall establish an Advisory Committee consisting of a representative from each of the following: utility operator, JULIE, excavator, municipality, and the general public and a nonmunicipal public body. The Advisory Committee shall serve as a peer review panel for any contested penalties resulting from the enforcement of this Act.

The members of the Advisory Committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in performance of their duties while serving as members of such Advisory Committee, unless the act or omission was the result of willful and wanton misconduct.

(m) If, after the Advisory Committee has considered a particular contested penalty and performed its review functions under this Act and the Illinois Commerce Commission's rules, there remains a dispute as to whether the Illinois Commerce Commission should impose a penalty under this Act, the matter shall proceed in the manner set forth in Article X of the Public Utilities Act, including the provisions governing judicial review.

(Source: P.A. 96-714, eff. 1-1-10.)

(220 ILCS 50/11.3)

Sec. 11.3. Emergency telephone system outages; reimbursement. Any excavator person who negligently damages an underground utility facility or CATS facility causing an emergency telephone system outage must reimburse the public safety agency that provides personnel to answer calls or to maintain or operate an emergency telephone system during the outage for the agency's costs associated with answering calls or maintaining or operating the system during the outage. For the purposes of this Section, "public safety agency" means the same as in Section 2.02 of the Emergency Telephone System Act.

(Source: P.A. 92-149, eff. 1-1-02.)

(220 ILCS 50/11.5)

Sec. 11.5. Limitation on liability.

(a) In joining the State-Wide One-Call Notice System, a municipality's liability, under any membership agreement rules and regulations, for the indemnification of (i) the entity that is in charge of or managing the System or any officer, agent, or employee of that entity or (ii) a member of the System or any officer, agent, or employee of a member of the System shall be limited to claims arising as a result of the acts or omissions of the municipality or its officers, agents, or employees or arising out of the operations of the municipality's underground utility facilities.

(b) Subsection (a) shall not be construed to create any additional liability for a municipality in relation to any member of the System with which the municipality may have entered into a franchise agreement. If a municipality's liability for indemnification under a franchise agreement is narrower than under this Section, the franchise agreement controls.

(Source: P.A. 90-481, eff. 8-17-97.)

(220 ILCS 50/12) (from Ch. 111 2/3, par. 1612)

Sec. 12. Noncompliance and enforcement action time frames. No action may be brought by the Illinois Commerce Commission under Section 11 of this Act unless reported by the excavator or the underground utility facility owner or operator commenced within 2 years after the date of violation of this Act. The Illinois Commerce Commission shall provide notice of investigation to the parties involved in the reported alleged violation within 10 days of the receipt of the alleged violation. In accordance with subsection (d) of 83 Ill. Adm. Code 265.100, reports shall be submitted within 45 days after the discovery of the violation. In any case, the report shall not be accepted more than 2 years from the suspected date of the violation. Reports filed after the 45 day requirement shall be considered invalid and no action will be taken by the Illinois Commerce Commission.

(Source: P.A. 86-674.)

(220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)

Sec. 13. Mandamus or injunction. Where public safety or the preservation of uninterrupted, necessary underground utility facilities service or community antenna television system service is endangered by any excavator person engaging in excavation or demolition in a negligent or unsafe manner which has resulted in or is likely to result in damage to underground utility facilities or CATS facilities or proposing to use procedures for excavation or demolition which are likely to result in damage to underground utility facilities or CATS facilities, or where the owner or operator of underground utility facilities or CATS facilities endangers an excavator by willfully failing to respond to a locate request, the owner or operator of such underground utility facilities or the excavator or the State's Attorney or the Illinois Commerce Commission at the request of the owner or operator of such underground utility facilities or the excavator may commence an action in the circuit court for the county in which the excavation or demolition is occurring or is to occur, or in which the person complained of has his principal place of business or resides, for the purpose of having such negligent or unsafe excavation or demolition stopped and prevented or to compel the marking of underground utilities facilities or CATS facilities, either by mandamus or injunction.

(Source: P.A. 92-179, eff. 7-1-02.)

(220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)

Sec. 14. Home rule. The regulation of underground utility facilities and CATS facilities damage prevention, as provided for in this Act, is an exclusive power and function of the State. A home rule unit may not regulate underground utility facilities and CATS facilities damage prevention, as provided for in this Act. All units of local government, including home rule units that are not municipalities of more than 1,000,000 persons, must comply with the provisions of this Act. To this extent, this Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. A home rule municipality of more than 1,000,000 persons that operates its own One-Call Notice System may regulate underground utility facilities and CATS facilities damage prevention.

(Source: P.A. 99-121, eff. 7-23-15.)

(220 ILCS 50/2.1 rep.)

(220 ILCS 50/5 rep.)

Section 10. The Illinois Underground Utility Facilities Damage Prevention Act is amended by repealing Sections 2.1 and 5.