093_HB2839ham001











                                     LRB093 08249 JLS 14102 a

 1                    AMENDMENT TO HOUSE BILL 2839

 2        AMENDMENT NO.     .  Amend House Bill 2839  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Illinois Underground Utility Facilities
 5    Damage Prevention Act is amended by changing Sections  4,  7,
 6    and 10 as follows:

 7        (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
 8        Sec.  4.  Required  activities.  Every person who engages
 9    in nonemergency excavation or demolition shall:
10        (a)  take reasonable action  to  inform  himself  of  the
11    location  of  any  underground  utility  facilities  or  CATS
12    facilities  in  and near the area for which such operation is
13    to be conducted;
14        (b)  plan  the  excavation  or  demolition  to  avoid  or
15    minimize interference with underground utility facilities  or
16    CATS  facilities  within the tolerance zone by utilizing such
17    precautions that  include,  but  are  not  limited  to,  hand
18    excavation,   vacuum   excavation   methods,   and   visually
19    inspecting  the  excavation  while in progress until clear of
20    the existing marked facility;
21        (c)  if practical, use white  paint,  flags,  stakes,  or
22    both, to outline the dig site;
 
                            -2-      LRB093 08249 JLS 14102 a
 1        (d)  provide  notice  not more than 14 days nor less than
 2    48 hours (exclusive of Saturdays, Sundays and  holidays)  but
 3    no  more than 14 calendar days in advance of the start of the
 4    excavation or demolition to the owners or  operators  of  the
 5    underground utility facilities or CATS facilities in and near
 6    the  excavation  or  demolition  area  through the State-Wide
 7    One-Call Notice  System  or,  in  the  case  of  nonemergency
 8    excavation   or   demolition   within  the  boundaries  of  a
 9    municipality of at least one million persons  which  operates
10    its  own  one-call notice system, through the one-call notice
11    system which operates in that municipality;
12        (e)  provide,  during   and   following   excavation   or
13    demolition,  such  support  for  existing underground utility
14    facilities or CATS facilities in and near the  excavation  or
15    demolition  area  as  may  be  reasonably  necessary  for the
16    protection of such facilities unless otherwise agreed  to  by
17    the  owner  or  operator  of the underground facility or CATS
18    facility; and
19        (f)  backfill all excavations in  such  manner  and  with
20    such  materials  as  may  be  reasonably  necessary  for  the
21    protection of existing underground utility facilities or CATS
22    facilities  in  and  near  the excavation or demolition area;
23    and.
24        (g)  After February 29,  2004,  when  the  excavation  or
25    demolition project will extend past 28 calendar days from the
26    date  of  the  original notice provided under clause (d), the
27    excavator shall provide a subsequent notice to the owners  or
28    operators  of  the  underground  utility  facilities  or CATS
29    facilities in and near  the  excavation  or  demolition  area
30    through  the  State-Wide  One-Call  Notice  System, informing
31    utility owners and operators that additional time to complete
32    the excavation or demolition project will be  required.   The
33    notice  will  provide  the  excavator  with  an additional 28
34    calendar days from the date of the subsequent notification to
 
                            -3-      LRB093 08249 JLS 14102 a
 1    continue or complete the excavation or demolition project.
 2        At a minimum, the notice required under clause (d)  shall
 3    provide:
 4             (1)  the  person's  name,  address,  and  (i)  phone
 5        number  at  which  a  person  can be reached and (ii) fax
 6        number;
 7             (2)  the start date of  the  planned  excavation  or
 8        demolition;
 9             (3)  the   address   at   which  the  excavation  or
10        demolition will take place;
11             (4)  the type and extent of the work involved; and
12             (5)  section/quarter   sections   when   the   above
13        information does not allow the State-Wide One-Call Notice
14        System   to   determine   the   appropriate    geographic
15        section/quarter  sections.   This item (5) does not apply
16        to residential property owners.
17        Nothing in this Section prohibits the use of  any  method
18    of  excavation  if  conducted  in  a  manner that would avoid
19    interference with  underground  utility  facilities  or  CATS
20    facilities.
21    (Source: P.A. 92-179, eff. 7-1-02.)

22        (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
23        Sec.  7.  Damage  or  dislocation.   In  the event of any
24    damage  to  or  dislocation  of   any   underground   utility
25    facilities   or   CATS  facilities  in  connection  with  any
26    excavation or  demolition,  emergency  or  nonemergency,  the
27    person   responsible   for   the   excavation  or  demolition
28    operations shall immediately notify the affected utility  and
29    the  State-Wide One-Call Notice System.  Owners and operators
30    of underground utility facilities that are  damaged  and  the
31    excavator   involved   shall   work   in  a  cooperative  and
32    expeditious manner to repair the affected utility.
33    (Source: P.A. 92-179, eff. 7-1-02.)
 
                            -4-      LRB093 08249 JLS 14102 a
 1        (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
 2        Sec. 10.  Record of notice; marking of facilities.   Upon
 3    notice by the person engaged in excavation or demolition, the
 4    person  owning or operating underground utility facilities or
 5    CATS facilities in or near the excavation or demolition  area
 6    shall  cause  a  written  record to be made of the notice and
 7    shall mark, within 48 hours (excluding Saturdays, Sundays and
 8    holidays) of receipt of notice, the approximate locations  of
 9    such  facilities  so  as  to  enable the person excavating or
10    demolishing to establish  the  location  of  the  underground
11    utility  facilities or CATS facilities.  Owners and operators
12    of underground sewer facilities shall be required to  respond
13    and  mark  the approximate location of their sewer facilities
14    when the excavator  indicates,  in  the  notice  required  in
15    Section  4,  that  the  excavation or demolition project will
16    exceed a depth of 7 feet.  "Depth", in this case, is  defined
17    as  the  distance measured vertically from the surface of the
18    ground  to  the  top  of  the  sewer  facility.   Owners  and
19    operators of underground sewer facilities shall  be  required
20    at  all  times  to  locate  the approximate location of their
21    sewer  facilities  when:  (1)  directional  boring   is   the
22    indicated  type of excavation work being performed within the
23    notice;  (2)  the  underground  sewer  facilities  owned  are
24    non-gravity, pressurized force mains; or (3)  the  excavation
25    indicated  will  occur  in  the  immediate proximity of known
26    underground sewer facilities that are less than 7 feet  deep.
27    Owners or operators of underground sewer facilities shall not
28    hold  an  excavator  liable  for  damages that occur to sewer
29    facilities that were not required to  be  marked  under  this
30    Section, provided that prompt notice of the damage is made to
31    the  State-Wide  One Call Notice System and the utility owner
32    as required in Section 7.
33        All persons subject to the requirements of this Act shall
34    plan  and  conduct  their  work  consistent  with  reasonable
 
                            -5-      LRB093 08249 JLS 14102 a
 1    business  practices.   Conditions   may   exist   making   it
 2    unreasonable  to  request  that locations be marked within 48
 3    hours. It is unreasonable to request owners and operators  of
 4    underground  utility facilities and CATS facilities to locate
 5    all of their facilities in an affected area upon short notice
 6    in advance of a large or extensive nonemergency  project,  or
 7    to  request  extensive  locates  in  excess  of  a reasonable
 8    excavation or demolition work schedule, or to request locates
 9    under conditions where a repeat request is likely to be  made
10    because  of  the  passage  of time or adverse job conditions.
11    Owners and operators of underground  utility  facilities  and
12    CATS   facilities   must   reasonably   anticipate   seasonal
13    fluctuations  in  the  number  of  locate  requests and staff
14    accordingly.
15        If a  person  owning  or  operating  underground  utility
16    facilities  or  CATS  facilities receives a notice under this
17    Section but does not own or operate any  underground  utility
18    facilities  or CATS facilities within the proposed excavation
19    or demolition area described  in  the  notice,  that  person,
20    within  48 hours (excluding Saturdays, Sundays, and holidays)
21    after receipt of the  notice,  shall  so  notify  the  person
22    engaged in excavation or demolition who initiated the notice,
23    unless  the  person who initiated the notice expressly waives
24    the right to be  notified  that  no  facilities  are  located
25    within  the  excavation or demolition area.  The notification
26    by the owner or operator of underground utility facilities or
27    CATS facilities  to  the  person  engaged  in  excavation  or
28    demolition   may   be   provided  in  any  reasonable  manner
29    including, but not limited to, notification in any one of the
30    following ways: by face-to-face communication;  by  phone  or
31    phone  message; by facsimile; by posting in the excavation or
32    demolition area; or by marking the excavation  or  demolition
33    area.   The   owner  or  operator  of  those  facilities  has
34    discharged the owner's or operator's  obligation  to  provide
 
                            -6-      LRB093 08249 JLS 14102 a
 1    notice  under  this Section if the owner or operator attempts
 2    to provide notice by telephone or by facsimile, if the person
 3    has supplied a facsimile number,  but  is  unable  to  do  so
 4    because  the  person  engaged in the excavation or demolition
 5    does not answer his or her telephone  or  does  not  have  an
 6    answering   machine  or  answering  service  to  receive  the
 7    telephone call or  does  not  have  a  facsimile  machine  in
 8    operation  to  receive  the  facsimile  transmission.  If the
 9    owner or operator attempts to provide notice by telephone  or
10    by  facsimile  but receives a busy signal, that attempt shall
11    not  serve  to  discharge  the  owner  or  operator  of   the
12    obligation to provide notice under this Section.
13        A   person   engaged  in  excavation  or  demolition  may
14    expressly waive the right to notification from the  owner  or
15    operator of underground utility facilities or CATS facilities
16    that  the  owner or operator has no facilities located in the
17    proposed excavation or demolition area.  Waiver of notice  is
18    only  permissible  in  the  case  of  regular or nonemergency
19    locate requests.  The waiver must be made at the time of  the
20    notice  to  the  State-Wide One-Call Notice System.  A waiver
21    made under this Section is not admissible as evidence in  any
22    criminal  or civil action that may arise out of, or is in any
23    way related to, the excavation  or  demolition  that  is  the
24    subject of the waiver.
25        For  the  purposes  of  this  Act,  underground  facility
26    operators  may  utilize  a  combination of flags, stakes, and
27    paint when possible on non-paved surfaces and when  dig  site
28    and seasonal conditions warrant.  If the approximate location
29    of an underground utility facility or CATS facility is marked
30    with  stakes  or  other  physical  means, the following color
31    coding shall be employed:
32        Utility or Community Antenna       Identification Color
33        Television Systems and Type
34        of Product
 
                            -7-      LRB093 08249 JLS 14102 a
 1    Electric Power, Distribution and
 2        Transmission...................... Safety Red
 3    Municipal Electric Systems............ Safety Red
 4    Gas Distribution and Transmission..... High Visibility
 5                                           Safety Yellow
 6    Oil Distribution and Transmission..... High Visibility
 7                                           Safety Yellow
 8    Telephone and Telegraph Systems....... Safety Alert Orange
 9    Community Antenna Television Systems.. Safety Alert Orange
10    Water Systems......................... Safety
11                                           Precaution Blue
12    Sewer Systems......................... Safety Green
13    Non-potable Water and Slurry Lines.... Safety Purple
14    Temporary Survey...................... Safety Pink
15    Proposed Excavation................... Safety White (Black
16                                           when snow is
17                                           on the ground)
18    (Source: P.A. 92-179, eff. 7-1-02.)

19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.".