Illinois General Assembly - Full Text of HB5546
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Full Text of HB5546  103rd General Assembly

HB5546enr 103RD GENERAL ASSEMBLY

 


 
HB5546 EnrolledLRB103 38732 CES 68869 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Underground Utility Facilities
5Damage Prevention Act is amended by changing Sections 1, 2, 3,
64, 6, 7, 8, 9, 10, 11, 11.3, 11.5, 12, 13, and 14 and by adding
7Sections 4.1, 5.1, 5.2, 5.3, 5.4, and 7.5 as follows:
 
8    (220 ILCS 50/1)  (from Ch. 111 2/3, par. 1601)
9    Sec. 1. This Act shall be known, and may be cited, as the
10Illinois Underground Utility Facilities Damage Prevention Act,
11and for the purposes of participating in the State of Illinois
12Joint Purchasing Program, the State-Wide One-Call Notice
13System, commonly referred to as "JULIE, Inc.", shall be
14considered as created by this Act.
15(Source: P.A. 96-714, eff. 1-1-10.)
 
16    (220 ILCS 50/2)  (from Ch. 111 2/3, par. 1602)
17    Sec. 2. Definitions. As used in this Act, unless the
18context clearly otherwise requires, the terms specified in
19this Section Sections 2.1 through 2.11 have the meanings
20ascribed to them in this Section in those Sections.
21    "Approximate location" means the location of the marked
22facility that lies entirely within the tolerance zone.

 

 

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1    Circumstances that are "beyond the reasonable control" of
2a party include, but are not limited to, severe weather,
3unforeseen mechanical issues, or site conditions. As used in
4Section 11, "beyond the reasonable control" also includes, but
5is not limited to, notice volumes or dig site notification
6areas that exceed historical averages, as determined by the
7reasonable control measurement, created as a result of
8underground utility facility owners or operators or their
9contractors or subcontractors' non-emergency requests for
10utility excavation work for underground utility facility
11owners or operators, that is not part of a large project that
12has provided at least 60 days notice, and only applies to the
13requests submitted by underground utility facility owners or
14operators or their contractors or subcontractors'
15non-emergency utility excavation work for underground utility
16facility owners or operators.
17    "Damage" means the contact or dislocation of a facility
18during excavation or demolition that necessitates immediate or
19subsequent repair by the underground utility facility owner or
20operator due to any partial or complete destruction of the
21facility, including, but not limited to, the protective
22coating, tracer wire, lateral support, cathodic protection, or
23housing for the line or device of the facility.
24    "Damage notification" means a notification through JULIE
25to the underground utility facility owner or operator that
26damage to a facility has occurred in the area of the excavation

 

 

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1or demolition.
2    "Day" means any day, beginning at 12:00 a.m. and ending at
311:59 p.m. "Day" does not include holidays recognized by
4JULIE, Saturdays, Sundays, and the day of the actual notice.
5    "Demolition" means the wrecking, razing, rending, moving,
6or removing of a structure by means of any power tool, power
7equipment (exclusive of transportation equipment), or
8explosives.
9    "Emergency request" means a request involving a condition
10(1) that constitutes an imminent danger to life, health, or
11property or a utility service outage (2) and that requires
12repair or action before the expiration of 2 days.
13    "Excavation" means:
14        (1) any operation in which earth, rock, or other
15    material in or on the ground is moved, removed, or
16    otherwise displaced by means of any tools, power equipment
17    or explosives, and includes, without limitation, grading,
18    trenching, digging, ditching, drilling, augering, boring,
19    tunneling, scraping, cable or pipe plowing, saw cutting or
20    roadway surface milling when penetrating into the base or
21    subbase of a paved surface, and driving, but does not
22    include:
23            (A) farm tillage operations;
24            (B) railroad right-of-way maintenance;
25            (C) coal mining operations regulated under the
26        federal Surface Mining Control and Reclamation Act of

 

 

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1        1977 or any State law or rules or regulations adopted
2        under the federal statute;
3            (D) land surveying operations as defined in the
4        Illinois Professional Land Surveyor Act of 1989 when
5        not using power equipment;
6            (E) roadway surface milling;
7            (F) manually inserting, without the use of power
8        equipment, a temporary round-tipped ground or probe
9        rod as part of facility locating;
10            (G) manually inserting, without the use of power
11        equipment, a temporary round-tipped probe rod for bar
12        holing to determine the area of a potential leak from a
13        facility transporting hazardous gases or liquids; or
14            (H) manually inserting, without the use of power
15        equipment, a round-tipped ground rod for the purpose
16        of grounding utility equipment when an emergency
17        exists and no other ground source is available.
18        (2) An exclusion to this Section in no way prohibits a
19    request from being made for the marking of facilities.
20        (3) Any exception to excavation contained within this
21    Section is not intended to remove liability that may be
22    imposed against an individual or entity because of damage
23    caused to a facility.
24    "Excavator" means any person or legal entity, public or
25private, that engages in excavation or demolition work.
26    "Exposed notification" means a notification through JULIE

 

 

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1to the underground utility facility owner or operator that an
2unmarked facility has been exposed in the area of the
3excavation or demolition but has not been damaged.
4    "Extension" means a request made by an excavator, to
5extend the expiration date of a normal notice to allow
6additional time to continue or complete the excavation or
7demolition project.
8        (1) An extension request may be made no earlier than
9    the 20th day from the initial normal notice request or
10    latest extension request.
11        (2) An extension request shall extend the expiration
12    of the initial normal notice request or latest extension
13    request by 25 days.
14        (3) An extension request may not be made simply to
15    keep a prior notice open without continued excavation
16    occurring within the period of that subsequent notice.
17    "Geographic information system data" means data to be
18applied to JULIE software to facilitate a more clearly defined
19notification area for notices sent to the system underground
20utility facility owners or operators. "Geographic information
21system data" includes, but is not limited to:
22        (1) address points with site addresses;
23        (2) parcels with site addresses;
24        (3) road center lines with names and address range;
25        (4) city limits with names;
26        (5) political townships with names;

 

 

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1        (6) railroads with names;
2        (7) streams with names; and
3        (8) water bodies with names.
4    "Historical averages" are used to determine benchmark
5notice volumes or dig site notification areas for a particular
6place. The notice volume is calculated for new and updated
7requests requiring an underground utility facility owner or
8operator response. It shall not include notices with a header
9of noshow, incomplete, or noremark. The dig site notification
10area is calculated using the dig site polygon on the notice.
11The 7 day look back shall be calculated once daily at the
12conclusion of the previous calendar day. "Historic averages"
13shall be determined by comparing notice volumes or dig site
14notification areas over the immediate past 7 calendar days to
15the same 7 calendar day period for the past 5 years. A 5-year
16trimmed mean, removing the highest and lowest years, and
17averaging the remaining 3 years, shall be the final
18determinate of this measurement. The official measurement of
19the notice volumes or dig site notification areas shall be
20provided by JULIE.
21    "Incomplete request" means a notice initiated by an
22excavator through JULIE to the underground utility facility
23owners or operators notified in a prior request that such
24underground utility facility owners or operators, as
25identified by the excavator and confirmed, through the
26positive response system once implemented, in accordance with

 

 

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1subsection (a) of Section 5.1, did not completely mark the
2entire extent or the entire segment of the proposed
3excavation, as identified on the prior notice or as previously
4documented and mutually agreed upon.
5    "Joint meet notification" means a notice of a meeting held
6prior to the excavation phase to discuss projects that cannot
7be adequately communicated within a normal notice request. The
8meeting is intended to allow the exchange of maps, plans, or
9schedules. It is not a locating session and shall be held at or
10near the excavation site, or through electronic means, if
11available and agreed to by all parties. "Joint meet
12notification" are not to be used in lieu of valid normal notice
13requests and are required for, but not limited to, large
14projects.
15    "JULIE, Inc." or "JULIE" means the communication system
16known as "JULIE, Inc." or "JULIE", utilized by excavators,
17designers, or any other entities covered by this Act to notify
18underground utility facility owners or operators of their
19intent to perform excavation or demolition or similar work as
20defined by this Act and shall include all underground utility
21facilities owned or operated outside the city limits of the
22City of Chicago.
23    "Large project" means a single excavation that exceeds the
24expiration date of a normal notice request, or involves a
25series of repetitive, related-scope excavations.
26    "Normal notice request" means a notification made by an

 

 

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1excavator, through JULIE, in advance of a planned excavation
2or demolition.
3        (1) The notification shall be made at least 2 days,
4    but no more than 10 days, before beginning the planned
5    excavation or demolition.
6        (2) Excavation or demolition on a normal notice
7    request is valid for 25 days from the date of the initial
8    request unless a subsequent extension request is made.
9        (3) Normal notice requests shall be limited to one
10    quarter of a contiguous mile within a municipality and one
11    contiguous mile within any unincorporated area, which
12    includes townships.
13        (4) Normal notice requests are valid for a single
14    right-of-way with an exception for intersecting
15    rights-of-way of 250 feet in all directions. Any
16    excavation continuing beyond 250 feet on a connecting
17    right-of-way shall require an additional request.
18    "No show request" means a notice initiated by an excavator
19through JULIE to the underground utility facility owners or
20operators notified in the prior notice that such underground
21utility facility owners or operators, as identified by the
22excavator and confirmed, once implemented, in accordance with
23subsection (a) of Section 5.1, either failed to mark their
24facilities or to communicate their non-involvement with the
25excavation prior to the dig start date and time on the notice.
26    "Notice" means any record transmitted to an underground

 

 

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1utility facility owner or operator of JULIE which shall
2include, but not be limited to, cancel, damage, emergency,
3exposed, extension, incomplete, joint meet, no show, normal,
4planning design, or re-mark.
5    "Open cut utility locate" means a method of locating
6facilities that requires excavation by the underground utility
7facility owner or operator, or their contractor or
8subcontractor.
9    "Place" means any incorporated city, village or town, or
10unincorporated township or road district, listed within the
11JULIE database.
12    "Planning design request" means the process prior to the
13excavation phase of a project where information is gathered
14and decisions are made regarding the route or location of a
15proposed excavation. The use of the information that is
16obtainable pursuant to this Section is intended to minimize
17delays of future construction projects and not for imminent
18excavation. The underground utility facility owner or operator
19may indicate any portion of the information that is
20proprietary and require the planner or designer to protect the
21proprietary information.
22    "Positive response system" means an automated system
23facilitated by JULIE allowing underground utility facility
24owners or operators to communicate to an excavator the
25presence, absence, or response status of any conflict between
26the existing facilities in or near the area of excavation or

 

 

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1demolition on each notice received.
2    "Pre-mark" means the use of white paint, chalk, lathe,
3whiskers, flags, or electronic white lining using lines or
4polygons to delineate the work area at the site of the proposed
5excavation or demolition. Unless otherwise stated on the
6request, all pre-marks are considered a request for a 5-foot
7radius of an above ground fixed structure or single point
8pre-mark, or a 10-foot-wide path for linear work.
9        (1) Physical pre-marking for the area of the planned
10    excavation or demolition shall be accomplished prior to
11    notifying JULIE if the area of excavation cannot be
12    clearly and adequately identified in the normal notice
13    request.
14        (2) Electronic white lining may be used when
15    available. Electronic white lining provides an alternative
16    method where an excavator may indicate their defined dig
17    area visually by electronic data entry, including lines or
18    polygons, without the need for a physical site visit. The
19    technology allows the excavator to identify for the
20    underground utility facility owner or operator a clear
21    delineation of their proposed excavation area.
22        (3) A verbal or written pre-mark is adequate when the
23    scope requested to be marked is narrow and explicit enough
24    to prevent marking beyond the actual area of excavation or
25    demolition. An existing above ground fixed structure may
26    be referenced as a verbal or written pre-mark.

 

 

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1    "Project owner" means the person or legal entity, public
2or private, that is financially responsible for the
3undertaking of a project that involves excavation or
4demolition.
5    "Reasonable control measurement" shall use the historical
6averages and add to the calculation either of the following
7conditions that shall be met for the place to be considered
8beyond the reasonable control of the underground utility
9facility owner or operator:
10        (1) the total notice volume count over the previous 7
11    calendar days shall increase by more than 15% of the
12    historic average, and increase by not less than 25
13    additional notices over the previous 7 calendar days; or
14        (2) the total dig site notification area over the
15    previous 7 calendar days shall increase by more than 15%
16    of the historic average, and not less than 0.4 additional
17    square miles over the previous 7 calendar days.
18    The official measurement shall be provided by JULIE.
19    "Residential property owner" means any individual or
20entity that owns or leases real property that is used by the
21individual or entity as its residence or dwelling. Residential
22property owner does not include any persons who own or lease
23residential property for the purpose of holding or developing
24such property or for any other business or commercial
25purposes.
26    "Roadway surface milling" means the removal of a uniform

 

 

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1pavement section by rotomilling, grinding, saw cutting, or
2other means that does not penetrate into the roadway base or
3subbase.
4    "Service lateral" means underground facilities located in
5a public right-of-way or utility easement that connects an end
6user's building or property to an underground utility facility
7owner's or operator's facility.
8    "Submerged" means any facility installed below the surface
9of a lake, river, or navigable waterway.
10    "Tolerance zone" means:
11        (1) if the diameter of the underground utility
12    facility is indicated, the distance of one-half of the
13    known diameter plus one and one-half feet on either side
14    of the designated center line of the underground utility
15    facility marking;
16        (2) if the diameter of the underground utility
17    facility is not indicated, one and one-half feet on either
18    side of the outside edge of the underground utility
19    facility marking; or
20        (3) if submerged, a distance of 30 feet on either side
21    of the indicated facility.
22        The underground utility facility markings provided
23    shall not indicate that the width of the marked
24    underground utility facility is any greater than the
25    actual width of the underground utility facility or 2
26    inches, whichever is greater. The tolerance zone shall

 

 

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1    also apply to visible utility structures, including, but
2    not limited to, poles with overhead to underground
3    transitions, pedestals, transformers, meters, hydrants,
4    and valve boxes. There shall be a one and one-half foot
5    tolerance zone horizontally around such facilities.
6    "Underground utility facility" or "facility" means and
7includes wires, ducts, fiber optic cable, conduits, pipes,
8sewers, and cables and their connected appurtenances installed
9or existing beneath the surface of the ground or submerged and
10either owned, operated, or controlled by:
11        (1) a public utility as defined in the Public
12    Utilities Act;
13        (2) a municipally owned or mutually owned utility
14    providing a similar utility service;
15        (3) a pipeline entity transporting gases, crude oil,
16    petroleum products, or other hydrocarbon materials within
17    the State;
18        (4) a telecommunications carrier as defined in the
19    Universal Telephone Service Protection Law of 1985, or by
20    a company described in Section 1 of the Telephone Company
21    Act;
22        (5) a community antenna television system, as defined
23    in the Illinois Municipal Code or the Counties Code;
24        (6) a holder or broadband service, as those terms are
25    defined in the Cable and Video Competition Law of 2007;
26        (7) any other entity owning or operating underground

 

 

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1    facilities that transport or generate electrical power to
2    other utility owners or operators;
3        (8) an electric cooperative as defined in the Public
4    Utilities Act; and
5        (9) any other active member of JULIE.
6(Source: P.A. 94-623, eff. 8-18-05.)
 
7    (220 ILCS 50/3)  (from Ch. 111 2/3, par. 1603)
8    Sec. 3. JULIE Membership. The owners or operators of
9underground utility facilities are required to be members of
10JULIE. JULIE shall require that all facility information
11needed to operate JULIE within each underground utility
12facility owner's or operator's domain be identified and
13provided by the underground utility facility owner or operator
14to JULIE or CATS facilities that are not currently
15participants in the State-Wide One-Call Notice System shall,
16within 6 months of the effective date of this Act, join the
17State-Wide One-Call Notice System. This Section shall not
18apply to utilities operating facilities or CATS facilities
19exclusively within the boundaries of a municipality with a
20population of at least one million persons.
21(Source: P.A. 86-674.)
 
22    (220 ILCS 50/4)  (from Ch. 111 2/3, par. 1604)
23    Sec. 4. Required activities. Every excavator person who
24engages in nonemergency excavation or demolition shall:

 

 

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1        (a) take reasonable action to inform the excavator
2    himself of the location of any underground utility
3    facilities in and near the area for which such operation
4    is to be conducted;
5        (b) plan the excavation or demolition to avoid or
6    minimize interference with underground utility facilities
7    within the tolerance zone by utilizing such precautions
8    that include, but are not limited to, hand or excavation,
9    vacuum excavation methods to the depth of the proposed
10    excavation or demolition, and visually inspecting the
11    excavation while in progress until clear of the
12    approximate location of the existing marked facility;
13        (c) pre-mark the area of excavation if practical, use
14    white paint, flags, stakes, or both, to outline the dig
15    site;
16        (d) provide notice not less than 2 days 48 hours but no
17    more than 10 14 calendar days in advance of the start of
18    the excavation or demolition to the owners or operators of
19    the underground utility facilities at or in and near the
20    excavation or demolition area through JULIE the State-Wide
21    One-Call Notice System or, in the case of nonemergency
22    excavation or demolition within the boundaries of a
23    municipality of at least one million persons which
24    operates its own one-call notice system, through the
25    one-call notice system which operates in that
26    municipality.

 

 

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1        At a minimum, the notice required under this
2    subsection (d) shall provide:
3            (1) the excavator's person's name, address, phone
4        number at which the excavator a person can be reached,
5        and fax number, if available, a fax number and email
6        address;
7            (2) the start date and time of the planned
8        excavation or demolition;
9            (3) the county and place or places all counties,
10        cities, or townships, or any combination thereof,
11        where the proposed excavation shall take place;
12            (4) the address or location at which the
13        excavation or demolition shall take place;
14            (5) the type of work, and extent, and description
15        of the area where the excavation or demolition is to
16        occur of the work involved; and
17            (6) the section or quarter sections when the
18        information in items (1) through (5) of this
19        subsection (d) does not allow JULIE the State-Wide
20        One-Call Notice System to determine the appropriate
21        excavation or demolition site. This item (6) does not
22        apply to residential property owners;
23            (7) an indication of whether directional boring or
24        horizontal directional drilling will be used;
25            (8) an indication of whether the excavation will
26        exceed 7 feet in depth;

 

 

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1            (9) an indication of how the proposed excavation
2        or demolition has been pre-marked;
3            (10) the identity of the project owner; and
4            (11) the latitude and longitude of the relevant
5        area, if available.
6        The information specified in items (1) through (10) is
7    still required when providing latitude and longitude;
8        (e) provide, during and following excavation or
9    demolition, such support for existing underground utility
10    facilities in and near the excavation or demolition area
11    as may be reasonably necessary for the protection of such
12    facilities and known service laterals unless otherwise
13    agreed to by the owner or operator of the underground
14    facility or owners of any known service laterals;
15        (f) backfill all excavations in such manner and with
16    such materials as may be reasonably necessary for the
17    protection of existing underground utility facilities in
18    and near the excavation or demolition area;
19        (g) after February 29, 2004, when the excavation or
20    demolition project will extend past 28 calendar days from
21    the 25-day expiration date of the original notice provided
22    under clause (d) or a subsequent extension notice, if
23    marks are requested, the excavator shall pre-mark prior to
24    requesting any subsequent extension notice , the excavator
25    shall provide a subsequent notice to the owners or
26    operators of the underground utility facilities in and

 

 

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1    near the excavation or demolition area through the
2    State-Wide One-Call Notice System or, in the case of
3    excavation or demolition within the boundaries of a
4    municipality having a population of at least 1,000,000
5    inhabitants that operates its own one-call notice system,
6    through the one-call notice system that operates in that
7    municipality informing utility owners and operators that
8    additional time to complete the excavation or demolition
9    project will be required. The notice will provide the
10    excavator with an additional 28 calendar days from the
11    date of the subsequent notification to continue or
12    complete the excavation or demolition project;
13        (h) exercise due care at all times to protect
14    underground utility facilities and known service laterals.
15    If, after proper notification through JULIE the State-Wide
16    One-Call Notice System and upon arrival at the site of the
17    proposed excavation, the excavator observes clear evidence
18    of the presence of an unmarked or incompletely marked
19    facility utility in the area of the proposed excavation,
20    the excavator shall provide subsequent notice through
21    JULIE of the unmarked or incompletely marked area and
22    shall not begin excavating until all affected facilities
23    have been marked or 2 hours, whichever is shorter, unless
24    a greater time is provided by the excavator through JULIE
25    after an additional call is made to the State-Wide
26    One-Call Notice System for the area. The underground

 

 

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1    utility facility owner or operator of the facility utility
2    shall respond within 2 hours unless a greater time is
3    provided by the excavator through JULIE of the excavator's
4    call to the State-Wide One-Call Notice System; and
5        (i) when factors, including, but not limited to,
6    weather, construction activity, or vandalism, at the
7    excavation site have caused the facility utility markings
8    to become faded or indistinguishable, the excavator shall
9    pre-mark again and provide a re-mark request an additional
10    notice through JULIE the State-Wide One-Call Notice System
11    requesting that only the affected areas where excavation
12    or demolition is to continue be re-marked. Underground
13    utility facility Facility owners or operators must respond
14    to the notice to re-mark by the dig start date and time on
15    the notice; and according to the requirements of Section
16    10 of this Act.
17        (j) for informational and planning purposes only,
18    prior notice of large projects may be provided to
19    underground utility facility owners or operators through
20    JULIE greater than 10 days in advance of the large project
21    commencing.
22    Nothing in this Section prohibits the use of any method of
23excavation if conducted in a manner that would avoid
24interference with underground utility facilities.
25(Source: P.A. 96-714, eff. 1-1-10.)
 

 

 

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1    (220 ILCS 50/4.1 new)
2    Sec. 4.1. Watch and protect.
3    (a) If, upon notice from JULIE, an underground utility
4facility owner or operator determines that the facility is
5within the proposed excavation area and the underground
6utility facility owner or operator desires to have an
7authorized representative present during excavation near the
8facility, the underground utility facility owner or operator
9shall contact the excavator prior to the dig start date and
10time provided on the notice to schedule a date and time for the
11underground utility facility owner or operator to be present
12when excavation will occur near the facility.
13    (b) All excavators shall comply with the underground
14utility facility owner's or operator's request to be present
15during excavation near a owner or operator's facilities. In
16lieu of having an authorized representative present, the
17underground utility facility owner or operator may choose to
18perform an open cut utility locate of the facility to expose
19its location. The underground utility facility owner or
20operator shall comply with the excavator's schedule for when
21excavation will occur near the facility.
22    (c) After excavation has started, if excavation near the
23underground utility facilities stops by more than one day and
24then recommences, the excavator shall establish direct contact
25with the underground utility facility owner or operator not
26less than one day prior to the excavation, each time the

 

 

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1excavation is to occur, to advise the underground utility
2facility owner or operator of the excavation taking place.
3    (d) Nothing in this Section shall prohibit an excavator
4from excavating prudently and carefully near the underground
5utility facility without the underground utility facility
6owner or operator present if the underground utility facility
7owner or operator waives the request to be present or to
8complete an open cut utility locate exposing the facility or
9is unable to comply with the excavator's schedule.
 
10    (220 ILCS 50/5.1 new)
11    Sec. 5.1. Positive response system.
12    (a) Beginning January 1, 2026, an excavator shall confirm
13through the positive response system prior to excavation or
14demolition that all underground utility facility owners or
15operators that are identified on the notice have provided a
16status update, responded, or marked or provided an all-clear
17notification.
18    (b) Beginning January 1, 2026, an underground utility
19facility owner or operator shall respond through the positive
20response system by the dig start date and time on the notice
21with an appropriate and accurate system code. A minimal delay
22not to exceed one hour or when the marking of the facilities is
23complete, whichever is longer, in reporting a system code in
24response to an emergency request shall not be a violation of
25this Section.

 

 

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1    (c) If an underground utility facility owner or operator
2fails to respond or provide a status update through the
3positive response system by the dig start date and time on the
4notice, or a later time as otherwise agreed upon and submitted
5through the positive response system, JULIE shall transmit an
6additional notification to that underground utility facility
7owner or operator and shall continue to send out daily
8notifications until the positive response system receives a
9response confirming compliance with this Section.
10    (d) If an underground utility facility owner or operator
11fails to respond or provide a status update to the positive
12response system, the excavator may proceed after providing a
13no show or incomplete request through JULIE. The notified
14underground utility facility owners or operators shall respond
15by the dig start date and time on the notice.
16    (e) If all notified underground utility facility owners or
17operators have responded as "marked" or "clear" prior to the
18expiration of the dig start date and time on the notice, the
19wait time shall be considered expired and no additional wait
20time is required prior to commencing with the excavation or
21demolition work listed on the notice.
 
22    (220 ILCS 50/5.2 new)
23    Sec. 5.2. Planning design request.
24    (a) An underground utility facility owner or operator
25shall have the following responsibilities:

 

 

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1        (1) respond to a valid planning design request within
2    10 days after receiving the request or by such other date
3    as shall be mutually agreed upon between the underground
4    utility facility owner or operator and the designer or
5    planner. The underground utility facility owner or
6    operator shall provide information regarding the location,
7    size, if greater than 1.5 inches in diameter, which shall
8    be generically listed as communication, electric, gas,
9    water, sewer, streetlight, or traffic control and if
10    direct buried or in conduit or a duct package, of
11    facilities based on the best information available to the
12    underground utility facility owner or operator within the
13    scope of the proposed project;
14        (2) respond to a planning design request in one of the
15    following methods:
16            (A) provide the most current digital, KMZ file or
17        shapefile, or paper drawings or prints, that are drawn
18        to scale, when available, and include visible utility
19        structures, including measurements from back of curb,
20        sidewalk, edge of pavement, centerline of ditch,
21        property lines, and other similar items;
22            (B) request the proposed plans or drawings from
23        the designer or planner and illustrate the location of
24        the underground utility facility owner's or operator's
25        facilities, drawn to scale, and, if available, provide
26        the type and size, as described in paragraph (1), of

 

 

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1        the facilities, including visible structures on the
2        plans;
3            (C) locate and mark the underground utility
4        facility owner's or operator's facilities within the
5        scope of the proposed project, as agreed to with the
6        planner or designer;
7            (D) if the responding underground utility facility
8        owner or operator is unable to comply with paragraph
9        (A) or (B), then the underground utility facility
10        owner or operator shall mark the facilities within the
11        scope of the proposed project, as agreed to with the
12        planner or designer; or
13            (E) if marking of infrastructure is the preferred
14        or required response of the underground utility
15        facility owner or operator, the underground utility
16        facility owner or operator need only mark main line
17        facilities or any service lines that would otherwise
18        be considered main line due to size or type, as
19        described in paragraph (1); and
20        (3) may charge a nominal fee to locate and mark the
21    proposed project, as described in subparagraph (C) or (D)
22    of paragraph (2).
23    (b) The planner or designer shall have the following
24responsibilities:
25        (1) follow the guidelines set forth in CI/ASCE 38-02
26    Standard Guidelines for the Collection and Depiction of

 

 

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1    Existing Subsurface Utility Data, as from time to time
2    amended, when preparing plans or drawings;
3        (2) illustrate on all appropriate documents the
4    position, size, and type, as described in paragraph (1) of
5    subsection (a), of all known facilities obtained in the
6    planning design request process and include the valid
7    planning design request number provided by JULIE on any
8    plans or drawings; and
9        (3) make all reasonable efforts to prepare the plans
10    or drawings to minimize interference with known existing
11    and proposed facilities in the proposed project area.
12    (c) A planning design request shall include the following
13information:
14        (1) name, address, telephone number, office and cell
15    phone, and, if available, email address of the designated
16    contact requesting the information;
17        (2) name, address, telephone number, office and cell
18    phone, and, if available, email address of the project
19    owner;
20        (3) the approximate date when the facility information
21    is required; and
22        (4) the specific area requiring facility information
23    by one or more of the following means:
24            (A) the county and place or places involved in the
25        proposed project;
26            (B) street names involved in the proposed project

 

 

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1        or the north, south, east, and west boundaries of the
2        proposed project or the section number or numbers
3        involved in the proposed project;
4            (C) latitude and longitude coordinates of the
5        outside edges of the proposed project;
6            (D) digital data such as, but not limited to,
7        shapefiles when technology and software allow; and
8            (E) the type of work projected to take place
9        within the proposed project.
10    Any known site-specific facility information shall be made
11available to the project owner to be delivered to qualified
12bidders of the proposed project.
 
13    (220 ILCS 50/5.3 new)
14    Sec. 5.3. Joint meet notification.
15    (a) A joint meet notification shall include the following
16information:
17        (1) the excavator's name, address, phone number at
18    which the excavator can be reached, and, if available, a
19    fax number and email address;
20        (2) the county and place or places where the work will
21    be performed;
22        (3) street names involved in the project or the north,
23    south, east, and west boundaries of the project or the
24    section number or numbers involved in the project;
25        (4) the date, time, and location where the joint meet

 

 

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1    will take place, which shall be near the project site; and
2        (5) a minimum advance notice of the joint meet of 2
3    days, but no more than 60 days prior to the planned start
4    of excavation or demolition.
5    (b) Upon the receipt of a joint meet notification, an
6underground utility facility owner or operator shall attend
7the joint meet, either in-person or remotely, at the specified
8time and location. If there is a conflict between joint meet
9notifications, an excavator that provided a joint meet
10notification may receive a communication from an underground
11utility facility owner or operator requesting an alternate
12meeting time or date.
13    (c) When a joint meet notification occurs as part of a
14large project, the excavator shall notify the project owner
15and the designer or planner when and where the joint meet is to
16occur.
17    (d) Multiple joint meets shall be required in the case of a
18large project that extends into multiple places. The excavator
19shall schedule, at a minimum, one joint meet per place to
20accommodate travel restrictions of responding underground
21utility facility owners or operators. A single electronic
22meeting covering multiple places is also acceptable.
23    (e) Prior to the meeting, the excavator shall physically
24or electronically pre-mark the extent of the initial request
25for the proposed excavation area or route if normal notice
26requests are planned to be submitted with excavation beginning

 

 

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1after the minimum advance notice of 2 days after the joint
2meet. The minimum advance notice for a large project is 5 days.
3    (f) The individuals participating in the joint meet shall
4agree to their individual obligations consistent with the
5project. The underground utility facility owner or operator,
6along with the excavator involved, shall work in a cooperative
7manner to negotiate in good faith. These obligations may vary
8from project to project. The individuals participating at the
9joint meet shall have the flexibility to make decisions
10consistent with the project's parameters. The individuals
11participating in the joint meet are not required to set
12specific standards for all projects.
13    (g) The scope of the project shall be defined at the joint
14meet and specific project details, including, but not limited
15to, the number of phases, and the number of excavation crews
16working for the contractor or subcontractors, to the extent
17that the information can be determined.
18    (h) The size and number of normal notice requests agreed
19to be submitted at one time at the joint meet shall be
20documented by the excavator in the meeting notes and made
21available to those participating in the joint meet. Any
22mutually agreed upon initial or amended meeting notes shall,
23at a minimum, include: (1) the date and time of the
24interaction; (2) all names of the individuals involved, and
25(3) an acknowledgment by the individuals that agreed to the
26meeting notes. Meeting notes shall be retained by the

 

 

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1excavator through JULIE, Inc., for at least 5 years after the
2date of the joint meet.
3    (i) If an underground utility facility owner or operator
4fails to attend the joint meet and does not request an
5alternate time or date to meet prior to commencement of
6excavation, the excavator may proceed according to the
7agreement reached with those attending the meeting.
8    (j) Within 60 days after the joint meet, the excavator
9shall submit the normal notice requests consistent with the
10agreements reached at the joint meet.
11    (k) The initial normal notice requests submitted after the
12joint meet shall require a minimum of 2 days advance notice and
135 days advance notice for large projects. All remaining normal
14notice requests shall be submitted in agreement with the joint
15meet schedule and provide a minimum advance notice of 2 days.
16The excavator shall not submit normal notice requests until
17after the joint meet.
18    (l) If the project start is delayed more than 60 days, or
19the scope of the project changes after the joint meet has been
20held and the locate schedule agreed to, a new joint meet
21notification shall be required.
22    (m) If an excavator creates multiple normal notice
23requests for a single project without a joint meet being held,
24an affected underground utility facility owner or operator may
25contact the excavator and recommend the excavator follow the
26joint meet process to assist in working out a locate schedule.

 

 

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1A notified excavator that fails to follow the joint meet
2process may realize delays in marking of facilities on their
3project. In accordance with subsection (e) of Section 10, a
4delay in marking is not necessarily deemed a violation of this
5Act.
 
6    (220 ILCS 50/5.4 new)
7    Sec. 5.4. Geographic information system data. Geographic
8information system data shall be provided to JULIE by any
9county or State agency that has provided substantially similar
10data to any other not-for-profit or State agency utilizing
11such data for public display of information or to be utilized
12by a not-for-profit or agency in the interest of public
13safety. This data shall be provided to JULIE at a cost not to
14exceed the actual cost of transmission of the data.
 
15    (220 ILCS 50/6)  (from Ch. 111 2/3, par. 1606)
16    Sec. 6. Emergency excavation or demolition.
17    (a) Every excavator person who engages in emergency
18excavation or demolition outside of the boundaries of a
19municipality of at least one million persons which operates
20its own one-call notice system shall take all reasonable
21precautions to avoid or minimize interference between the
22emergency work and existing underground utility facilities in
23and near the excavation or demolition area, through the
24State-Wide One-Call Notice System, and shall notify, as far in

 

 

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1advance as possible, the underground utility facility owners
2or operators of such underground utility facilities in and
3near the emergency excavation or demolition area, through
4JULIE the State-Wide One-Call Notice System. At a minimum, the
5notice required under this subsection (a) shall provide:
6        (1) the excavator's person's name, address, and (i)
7    phone number at which the excavator with knowledge of the
8    emergency excavation or demolition a person can be reached
9    and (ii) fax number, if available, a fax number and email
10    address;
11        (2) the start date and time of the planned emergency
12    excavation or demolition;
13        (3) the address or location at which the emergency
14    excavation or demolition will take place; and
15        (4) the type of work, extent, and description of the
16    area where the emergency excavation or demolition is to
17    occur; and
18        (5) the county and place or places where the emergency
19    excavation or demolition will take place and extent of the
20    work involved.
21    (b) There is a minimum wait time of 2 hours or the date and
22time requested on the notice, whichever is longer, after an
23emergency locate notification request is made through JULIE
24the State-Wide One-Call Notice System. If the conditions at
25the site dictate an earlier start than the date and time on the
26notice required wait time, it is the responsibility of the

 

 

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1excavator to demonstrate that site conditions warranted this
2earlier start time.
3    (c) Upon notice by the excavator person engaged in
4emergency excavation or demolition, the underground utility
5facility owner or operator owner or operator of an underground
6utility facility in or near the excavation or demolition area
7shall communicate with the excavator person engaged in
8emergency excavation or demolition within 2 hours or by the
9date and time requested on the notice, whichever is longer by:
10        (1) marking the approximate location of underground
11    facilities;
12        (2) advising the excavator person excavating that
13    their underground facilities are not in conflict with the
14    emergency excavation or demolition; or
15        (3) notifying the excavator person excavating that the
16    underground utility facility owner or operator shall be
17    delayed in marking because of conditions as referenced in
18    subsection (g) of Section 11 of this Act.
19    (d) The notice by the underground utility facility owner
20or operator to the excavator shall be provided utilizing the
21positive response system, in accordance with Section 5.1, and
22prior to January 1, 2026 may also person engaged in emergency
23excavation or demolition may be provided by phone or phone
24message or by marking the excavation or demolition area. The
25underground utility facility owner or operator has discharged
26the underground utility facility owner's or operator's

 

 

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1obligation to provide notice under this Section if the
2underground utility facility owner or operator attempts to
3provide notice by positive response or by telephone but is
4unable to do so because the excavator person engaged in the
5emergency excavation or demolition does not answer the his or
6her telephone or does not have an answering machine, or
7answering service, or voicemail to receive the telephone call
8or positive response, in accordance with Section 5.1. If the
9underground utility facility owner or operator attempts to
10provide additional notice by telephone or by facsimile but
11receives a busy signal, that attempt shall not discharge the
12underground utility facility owner or operator from the
13obligation to provide notice under this Section.
14    (b) Every person who engages in emergency excavation or
15demolition within the boundaries of a municipality of at least
16one million persons which operates its own one-call notice
17system shall take all reasonable precautions to avoid or
18minimize interference between the emergency work and existing
19underground utility facilities in and near the excavation or
20demolition area, through the municipality's one-call notice
21system, and shall notify, as far in advance as possible, the
22owners and operators of underground utility facilities in and
23near the emergency excavation or demolition area, through the
24municipality's one-call notice system.
25    (e) (c) The reinstallation of traffic control devices
26shall be deemed an emergency for purposes of this Section.

 

 

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1    (f) (d) An open cut utility locate shall be deemed an
2emergency for purposes of this Section.
3    (g) During an emergency situation, where the underground
4utility facility owner or operator has a widespread emergency
5situation beyond the equipment or personnel capabilities to
6facilitate a timely repair or correction of the emergency, the
7underground utility facility owner or operator may utilize
8subcontractors to facilitate the work without a separate
9emergency notice by the subcontractor. The underground utility
10facility owner or operator shall be responsible for the
11actions of the subcontractor, unless the subcontractor has
12obtained the subcontractor's own emergency notice.
13    (h) Emergency notices provided through JULIE shall expire
1410 days after the date of the notice.
15(Source: P.A. 96-714, eff. 1-1-10.)
 
16    (220 ILCS 50/7)  (from Ch. 111 2/3, par. 1607)
17    Sec. 7. Damage or dislocation.
18    (a) In the event of any damage to or dislocation of any
19underground utility facilities in connection with any
20excavation or demolition, emergency or nonemergency, the
21excavator person responsible for the excavation or demolition
22operations shall immediately notify the affected underground
23utility facility owner or operator and JULIE utility and the
24State-Wide One-Call Notice System and cease excavation in the
25area of the damage when the damaged facility is a threat to

 

 

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1life or property or if otherwise required by law or, in the
2case of damage or dislocation in connection with any
3excavation or demolition within the boundaries of a
4municipality having a population of at least 1,000,000
5inhabitants that operates its own one-call notice system,
6notify the affected utility and the one-call notice system
7that operates in that municipality.
8    (b) The excavator person responsible for the excavation or
9demolition shall not attempt to repair, clamp, or constrict
10the damaged utility facility unless under the direct
11supervision or advisement of the underground utility facility
12owner or operator. At no time shall an excavator a person under
13this Act be required by an underground a utility facility
14owner or operator to attempt to repair, clamp, or constrict a
15damaged utility facility. In the event of any damage to any
16underground utility facility that results in the escape of any
17flammable, toxic, or corrosive gas or liquid, the excavator
18person responsible for the excavation or demolition shall call
199-1-1 and notify authorities of the damage.
20    (c) Underground utility facility owners Owners and
21operatorsof underground utility facilities that are damaged,
22and the excavator involved, shall work in a cooperative and
23expeditious manner to repair the affected facility utility.
24    (d) The underground utility facility owner or operator
25shall provide to JULIE a phone number with a dedicated
26extension, if applicable, that can be provided to the

 

 

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1excavator allowing immediate notification by the excavator to
2the underground utility facility owner or operator of the
3potential damage.
4    (e) At a minimum, the notice required under this Section
5shall provide:
6        (1) a reference to the original excavation or
7    demolition notice, if one exists;
8        (2) the type of facility damaged, if known;
9        (3) the name of the affected underground utility
10    facility owner or operator, if known; and
11        (4) the location of the damaged facility at the
12    excavation or demolition site.
13(Source: P.A. 96-714, eff. 1-1-10.)
 
14    (220 ILCS 50/7.5 new)
15    Sec. 7.5. Exposed facility.
16    (a) If any previously unmarked facility is exposed during
17excavation or demolition, emergency or nonemergency, the
18excavator responsible for the excavation or demolition
19operations shall immediately notify JULIE.
20    (b) At a minimum, the notice required under this Section
21shall provide:
22        (1) a reference to the original excavation or
23    demolition notice, if one exists;
24        (2) the type of exposed facility, if known;
25        (3) the name of the affected underground utility

 

 

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1    facility owner or operator, if known; and
2        (4) the location of the exposed facility at the
3    excavation or demolition site.
 
4    (220 ILCS 50/8)  (from Ch. 111 2/3, par. 1608)
5    Sec. 8. Liability or financial responsibility.
6    (a) Nothing in this Act shall be deemed to affect or
7determine the financial responsibility for any operation under
8this Act or liability of any entity or individual person for
9any damages that occur unless specifically stated otherwise.
10    (b) Nothing in this Act shall be deemed to provide for
11liability or financial responsibility of the Department of
12Transportation, its officers and employees concerning any
13underground utility facility or CATS facility located on
14highway right-of-way by permit issued under the provisions of
15Section 9-113 of the Illinois Highway Code. It is not the
16intent of this Act to change any remedies in law regarding the
17duty of providing lateral support.
18    (c) Neither JULIE the State-Wide One-Call Notice System
19nor any of its officers, agents, or employees shall be liable
20for damages for injuries or death to persons or damage to
21property caused by acts or omissions in the receipt,
22recording, or transmission of notices locate requests or other
23information in the performance of its duties as JULIE the
24State-Wide One-Call Notice System, unless the act or omission
25was the result of willful and wanton misconduct.

 

 

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1    (d) Any residential property owner who fails to comply
2with any provision of this Act and damages underground utility
3facilities or CATS facilities while engaging in excavation or
4demolition on such residential property shall not be subject
5to a penalty under this Act, but shall be liable for the damage
6caused to the underground utility facility owners or operators
7owner or operator of the damaged underground utility
8facilities or CATS facilities.
9(Source: P.A. 92-179, eff. 7-1-02.)
 
10    (220 ILCS 50/9)  (from Ch. 111 2/3, par. 1609)
11    Sec. 9. Negligence.
12    (a) When it is shown by competent evidence in any action
13for damages to underground utility facilities or CATS
14facilities that such damages resulted from excavation or
15demolition and that the excavator person engaged in such
16excavation or demolition failed to comply with the provisions
17of this Act, that excavator person shall be deemed prima facie
18guilty of negligence.
19    (b) When it is shown by competent evidence in any action
20for damages to excavators persons, material, or equipment
21brought by excavators persons undertaking excavation or
22demolition acting in compliance with the provisions of this
23Act that such damages resulted from the failure of underground
24utility facility owners or and operators of underground
25facilities or CATS facilities to comply with the provisions of

 

 

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1this Act, those underground utility facility owners or and
2operators shall be deemed prima facie guilty of negligence.
3(Source: P.A. 86-674.)
 
4    (220 ILCS 50/10)  (from Ch. 111 2/3, par. 1610)
5    Sec. 10. Record of notice; marking of facilities.
6    (a) Upon notice by the excavator person engaged in
7excavation or demolition, the underground utility facility
8owners or operators person owning or operating underground
9utility facilities in or near the excavation or demolition
10area shall cause a written record to be made of the notice and
11shall mark, within 48 hours of receipt of notice or by the dig
12start requested date and time indicated on the notice,
13whichever is later, the approximate locations of such
14facilities so as to enable the excavator person excavating or
15demolishing to establish the location of the underground
16utility facilities.
17    For submerged facilities, when the owner or operator of
18the submerged facilities determines that a proposed excavation
19or demolition which could include anchoring, pile driving,
20dredging, or any other water bottom contact for any means
21performed is in proximity to or in conflict with, submerged
22facilities located under a lake, river, or navigable waterway,
23the owner or operator of the submerged facilities shall
24identify the estimated horizontal route of the submerged
25facilities, within 15 days or by a date and time mutually

 

 

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1agreed to, using marking buoys, other suitable devices, or GPS
2location data unless directed otherwise by an agency having
3jurisdiction over the waters under which the submerged
4facilities are located.
5    (b) Underground utility facility owners or Owners and
6operators of underground sewer facilities that are located
7outside the boundaries of a municipality having a population
8of at least 1,000,000 inhabitants shall be required to respond
9and mark the approximate location of those sewer facilities
10when the excavator indicates, in the notice required in
11Section 4, that the excavation or demolition project will
12exceed a depth of 7 feet. "Depth", in this case, is defined as
13the distance measured vertically from the surface of the
14ground to the top of the sewer facility.
15    (c) Underground utility facility owners or operators of
16Owners and operators of underground sewer facilities that are
17located outside the boundaries of a municipality having a
18population of at least 1,000,000 inhabitants shall be required
19at all times to mark locate the approximate location of those
20sewer facilities when:
21        (1) directional boring is the indicated type of
22    excavation work being performed within the notice;
23        (2) the underground sewer facilities owned are
24    non-gravity, pressurized force mains; or
25        (3) the excavation indicated will occur in the
26    immediate proximity of known underground sewer facilities

 

 

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1    that are less than 7 feet deep.
2    (d) Underground utility facility owners Owners or
3operators of underground sewer facilities that are located
4outside the boundaries of a municipality having a population
5of at least 1,000,000 inhabitants shall not hold an excavator
6liable for damages that occur to sewer facilities that were
7not required to be marked under this Section, provided that
8prompt notice of known the damage is made to JULIE the
9State-Wide One-Call Notice System and the underground utility
10facility owners or operators utility owner as required in
11Section 7.
12    (e) All entities persons subject to the requirements of
13this Act shall plan and conduct their work consistent with
14reasonable business practices.
15        (1) Conditions may exist making it unreasonable to
16    request that locations be marked by the dig start within
17    48 hours or by the requested date and time indicated on the
18    notice, whichever is later.
19            (A) In such situations, the excavator and the
20        underground utility facility owner or operator shall
21        interact in good faith to establish a mutually
22        agreeable date and time for the completion of the
23        request.
24            (B) All mutually agreed upon modifications to the
25        dig start date and time shall be fully documented by
26        the underground utility facility owner or operator and

 

 

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1        include, at a minimum, the date and time of the
2        interaction, the names of the individuals involved,
3        and acknowledgment by the individuals that agreed to
4        the modification and the new dig start date and time
5        that was mutually agreed upon by both parties. The
6        underground utility facility owner or operator shall
7        retain through JULIE, Inc., the documentation for at
8        least 5 years after the date of the expiration of the
9        notice.
10        (2) It is unreasonable to request underground utility
11    facility owners or and operators of underground utility
12    facilities to mark locate all of their facilities in an
13    affected area upon short notice in advance of a large or
14    extensive nonemergency project. , or
15        (3) It is unreasonable to request extensive notices
16    locates in excess of a reasonable excavation or demolition
17    work schedule. , or
18        (4) It is unreasonable to request notices locates
19    under conditions where a repeat request is likely to be
20    made because of the passage of time or adverse job
21    conditions.
22        (5) During periods where the notice volumes or dig
23    site notification areas exceed the historical averages as
24    determined by the reasonable control measurements for the
25    place, only those additional non-emergency requests that
26    are not part of a large project, when that large project

 

 

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1    has been submitted at least 60 days in advance of the start
2    of the large project by underground utility facility
3    owners or operators or their contractors or subcontractors
4    for excavation work for the underground utility facility
5    owners or operators within the place, may be subject to a
6    request from the underground utility facility owner or
7    operator or the owner or operator's locate contractors or
8    subcontractors for an additional wait time of up to 2 days
9    for the underground utility facility owner or operator,
10    whether utilizing in-house or contract locators, to
11    respond to locate and mark, or provide a no conflict
12    response. It is the responsibility of the requesting
13    underground utility facility owner or operator to document
14    any modification as outlined in paragraph (1) of
15    subsection (e) of Section 10.
16    (f) Underground utility facility owners or Owners and
17operators, whether utilizing in-house or contract locators,
18and the owner or operator's locate contractors or
19subcontractors of underground utility facilities must
20reasonably anticipate seasonal fluctuations in the number of
21notices locate requests and staff accordingly.
22    Seasonal fluctuations shall not be considered within the
23reasonable control of underground utility facility owners or
24operators and the owner or operator's locate contractors or
25subcontractors within a place or places, when the notice
26volumes exceed the historical averages as determined by the

 

 

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1reasonable control measurement, for non-emergency requests for
2utility excavation work for underground utility facility
3owners or operators, that is not part of a large project that
4has provided at least a 60 day advance notice.
5    Only utility excavators when doing utility work may be
6impacted by this subsection and may incur an additional wait
7time of up to 2 days.
8    (g) If an underground utility facility owner or operator a
9person owning or operating underground utility facilities
10receives a notice under this Section but does not own or
11operate any underground utility facilities within the proposed
12excavation or demolition area described in the notice, that
13underground utility facility owner or operator, by the dig
14start date and time on the notice person, within 48 hours or by
15the requested date and time indicated on the notice, whichever
16is later, after receipt of the notice, shall so notify the
17excavator who initiated the notice in accordance with Section
185.1, and prior to January 1, 2026, may person engaged in
19excavation or demolition who initiated the notice, unless the
20person who initiated the notice expressly waives the right to
21be notified that no facilities are located within the
22excavation or demolition area. The notification by the owner
23or operator of underground utility facilities to the person
24engaged in excavation or demolition may be provided in any
25reasonable manner including, but not limited to, notification
26in any one of the following ways:

 

 

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1        (1) by face-to-face communication;
2        (2) by phone or phone message;
3        (3) by facsimile or email;
4        (4) by posting in the excavation or demolition area;
5    or
6        (5) by marking the excavation or demolition area.
7    (h) The underground utility facility owner or operator of
8those facilities has discharged the underground utility
9facility owner's or operator's obligation to provide notice
10under this Section if the underground utility facility owner
11or operator attempts to provide notice utilizing the positive
12response system, in accordance with Section 5.1, and prior to
13January 1, 2026, by:
14        (1) telephone or by facsimile, if the person has
15    supplied a facsimile number, but is unable to do so
16    because the excavator person engaged in the excavation or
17    demolition does not answer the his or her telephone and or
18    does not have the ability to receive telephone messages;
19        (2) facsimile, if the excavator has supplied a
20    facsimile number and does not have a facsimile machine in
21    operation to receive the facsimile transmission; or
22        (3) email, if the excavator has supplied an email
23    address and the message is electronically undeliverable an
24    answering machine or answering service to receive the
25    telephone call or does not have a facsimile machine in
26    operation to receive the facsimile transmission.

 

 

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1    If the underground utility facility owner or operator
2attempts to provide additional notice by telephone or by
3facsimile but receives a busy signal, that attempt shall not
4serve to discharge the underground utility facility owner or
5operator of the obligation to provide notice under this
6Section.
7    (i) Any excavator or legal entity, public or private, who,
8on or after January 1, 2026, installs a nonconductive service
9lateral shall ensure that the installation is locatable by
10electromagnetic means or other equally effective means for
11marking the location of the service lateral. This subsection
12does not apply to minor repairs to, or partial replacements
13of, service laterals installed prior to January 1, 2026.
14    A person engaged in excavation or demolition may expressly
15waive the right to notification from the owner or operator of
16underground utility facilities that the owner or operator has
17no facilities located in the proposed excavation or demolition
18area. Waiver of notice is only permissible in the case of
19regular or nonemergency locate requests. The waiver must be
20made at the time of the notice to the State-Wide One-Call
21Notice System. A waiver made under this Section is not
22admissible as evidence in any criminal or civil action that
23may arise out of, or is in any way related to, the excavation
24or demolition that is the subject of the waiver.
25    (j) For the purposes of this Act, the following color
26coding shall be used to mark the approximate location of

 

 

 

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1facilities by the underground utility facility owners or
2operators who underground facility operators may utilize a
3combination of flags, lathe with colored ribbon, chalk,
4whiskers, or stakes, and paint as when possible on non-paved
5surfaces and when dig site and seasonal conditions warrant. If
6the approximate location of an underground utility facility is
7marked with stakes or other physical means, the following
8color coding shall be employed:
 
9Underground Facility type  Identification Color
10Underground utility facility owner or
11operator or contract locator use only
12Facility Owner or Agent Use Only
13
14Electric Power, Distribution and
15    Transmission........................Safety Red
16Municipal Electric Systems..............Safety Red
17Gas Distribution and Transmission.......High Visibility Safety Yellow
18Oil Distribution and Transmission.......High Visibility Safety Yellow
19Communication Systems. Safety Alert Orange
20Telephone and Telegraph Systems.........Safety Alert Orange
21Community Antenna Television Systems....Safety Alert Orange

 

 

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1Water Systems...........................Safety Precaution Blue
2Sewer Systems...........................Safety Green
3Non-potable Water and Slurry Lines......Safety Purple
4
5Excavator Use Only
6
7Temporary Survey........................Safety Pink
8Proposed Excavation.....................
9Safety White (Black when snow is on the ground)
10(Source: P.A. 96-714, eff. 1-1-10.)
 
11    (220 ILCS 50/11)  (from Ch. 111 2/3, par. 1611)
12    Sec. 11. Penalties; liability; fund.
13    (a) Every excavator person who, while engaging in
14excavation or demolition, willfully wilfully fails to comply
15with the Act by failing to provide the notice to the
16underground utility facility owners or operators in and of the
17underground facilities near the excavation or demolition area
18through JULIE the State-Wide One-Call Notice System as
19required by Section 4, 5, or 6 of this Act shall be subject to
20a penalty of not more than up to $5,000 for each separate
21offense and shall be liable for the damage caused to the
22underground utility facility owners or operators of the
23facility. Every excavator person who fails to provide notice

 

 

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1and willfully fails to comply with other provisions of this
2Act shall be subject to additional penalties of not more than
3up to $2,500 for each separate offense and shall be liable for
4the damage caused to the underground utility facility owners
5or operators of the facility.
6    (b) Every excavator person who has provided the notice to
7the underground utility facility owners or operators of the
8underground utility facilities in and near the excavation or
9demolition area through JULIE the State-Wide One-Call Notice
10System as required by Section 4 or 6 of this Act, but otherwise
11willfully wilfully fails to comply with this Act, shall be
12subject to a penalty of not more than up to $2,500 for each
13separate offense and shall be liable for the damage caused to
14the underground utility facility owners or operators of the
15facility.
16    (c) Every excavator person who, while engaging in
17excavation or demolition, has provided the notice to the
18underground utility facility owners or operators of the
19underground utility facilities in and near the excavation or
20demolition area through JULIE the State-Wide One-Call Notice
21System as required by Section 4 or 6 of this Act, but
22otherwise, while acting reasonably, damages any underground
23utility facilities, shall not be subject to a penalty, but
24shall be liable for the damage caused to the underground
25utility facility owners or operators of the facility provided
26the underground utility facility is properly marked as

 

 

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1provided in Section 10 of this Act.
2    (d) Every excavator person who provides notice to the
3underground utility facility owners or operators of the
4underground utility facilities through JULIE the State-Wide
5One-Call Notice System as a no show, incomplete, or an
6emergency locate request and the locate request is not a no
7show, incomplete, or an emergency locate request as defined in
8Section 2.6 of this Act shall be subject to a penalty of not
9more than up to $2,500 for each separate offense.
10    (e) Underground utility facility owners or operators
11Owners and operators of underground utility facilities who
12willfully fail to comply with this Act, unless otherwise
13stated in this Section, shall be subject to a penalty of not
14more than $2,500 for each separate offense. A by a failure to
15respond or mark the approximate location of facilities by the
16dig start date and time on the notice an underground utility as
17required by subsection (h) of Section 4, subsection (c) (a) of
18Section 6, or Section 10 of this Act after being notified of
19planned or emergency excavation or demolition through JULIE
20the State-Wide One-Call Notice System, shall be subject to a
21penalty of not more than up to $5,000 for each separate
22offense.
23        (1) Underground utility facility owners or operators
24    who fail to provide a response to the positive response
25    system by the dig start date and time on the notice, as
26    required in subsection (b) of Section 5.1, on more than

 

 

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1    10% of their weekly required responses for 4 or more
2    consecutive weeks, shall be subject to a penalty of not
3    more than $250 for each separate offense.
4        (2) Underground utility facility owners or operators
5    shall not be subject to a penalty where a delay in
6    responding through the positive response system is caused
7    by conditions beyond the reasonable control of such
8    underground utility facility owners or operators.
9    (f) As provided in Section 3 of this Act, all underground
10utility facility owners or operators of underground utility
11facilities who fail to join JULIE the State-Wide One-Call
12Notice System by January 1, 2003 shall be subject to a penalty
13of $100 per day for each separate offense. Every day an
14underground utility facility owner or operator fails to join
15JULIE the State-Wide One-Call Notice System is a separate
16offense. This subsection (f) does not apply to utilities
17operating facilities exclusively within the boundaries of a
18municipality with a population of at least 1,000,000 persons.
19    (g) No underground utility facility owner or operator of
20underground utility facilities shall be subject to a penalty
21where a delay in marking or a failure to mark or properly mark
22the location of a facility an underground utility is caused by
23conditions beyond the reasonable control of such underground
24utility facility owner or operator. It is the responsibility
25of the underground utility facility owners or operators to
26demonstrate how the condition affected their ability to

 

 

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1respond and caused it to become beyond the reasonable control.
2    Each underground utility facility owner or operator shall
3staff in a manner that such underground utility facility owner
4or operator can respond by the dig start date and time on the
5notices within the underground utility facility owner's or
6operator's reasonable control.
7    (h) Any entity that person who is neither an agent,
8employee, or authorized locating contractor of the underground
9utility facility owner or operator of the underground utility
10facility nor an excavator involved in the excavation or
11demolition activity that who removes, alters, or otherwise
12damages markings, flags, lathe with color ribbon, chalk,
13whiskers, or paint or stakes used to mark the location of
14facilities an underground utility other than during the course
15of the excavation or demolition for which the markings were
16made or before completion of the project shall be subject to a
17penalty up to $1,000 for each separate offense.
18    (i) (Blank).
19    (i-5) All parties who submit alleged violations to the
20Illinois Commerce Commission shall use the forms provided and
21should submit not later than 65 days after the discovery of the
22alleged violation. Any alleged violation submission received
23after the 65-day period shall be subject to a penalty of not
24more than $500 but not less than $100 per occurrence.
25Excavators shall not be subject to a penalty under this
26subsection when their decision to submit an alleged violation

 

 

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1form later than the 65-day period is a result of receiving a
2damage claim from an underground utility facility owner or
3operator after the expiration of the excavator's 65-day period
4for submitting an alleged violation.
5    (j) The Illinois Commerce Commission shall have the power
6and jurisdiction to, and shall, enforce the provisions of this
7Act. The Illinois Commerce Commission may impose
8administrative penalties as provided in this Section. The
9Illinois Commerce Commission may promulgate rules and develop
10enforcement policies in the manner provided by the Public
11Utilities Act in order to implement compliance with this Act.
12When a penalty is warranted, the following criteria shall be
13used in determining the magnitude of the penalty:
14        (1) gravity of noncompliance;
15        (2) culpability of offender;
16        (3) history of noncompliance for the 18 months prior
17    to the date of the incident; however, when determining
18    noncompliance non-compliance the alleged violator's roles
19    as underground utility facility operator or owner and the
20    excavator person engaged in excavating shall be treated
21    separately;
22        (4) (blank); ability to pay penalty;
23        (5) show of good faith of offender;
24        (6) (blank); and ability to continue business; and
25        (7) other special circumstances.
26    (k) There is hereby created in the State treasury a

 

 

HB5546 Enrolled- 54 -LRB103 38732 CES 68869 b

1special fund to be known as the Illinois Underground Utility
2Facilities Damage Prevention Fund. All penalties recovered by
3the Illinois Commerce Commission in any action under this
4Section shall be paid into the Fund and shall be distributed
5annually as a grant to JULIE the State-Wide One-Call Notice
6System to be used in safety and informational programs to
7reduce the number of incidents of damage to underground
8utility facilities in Illinois. The distribution shall be made
9during January of each calendar year based on the balance in
10the Illinois Underground Utility Facilities Damage Prevention
11Fund as of December 31 of the previous calendar year. In all
12such actions under this Section, the procedure and rules of
13evidence shall conform with the Code of Civil Procedure, and
14with rules of courts governing civil trials.
15    (l) The Illinois Commerce Commission shall establish an
16Advisory Committee consisting of a representative from each of
17the following: utility operator, JULIE, excavator,
18municipality, and the general public, and a nonmunicipal
19public body. The Advisory Committee shall serve as a peer
20review panel for any contested penalties resulting from the
21enforcement of this Act.
22    The members of the Advisory Committee shall be immune,
23individually and jointly, from civil liability for any act or
24omission done or made in performance of their duties while
25serving as members of such Advisory Committee, unless the act
26or omission was the result of willful and wanton misconduct.

 

 

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1    (m) If, after the Advisory Committee has considered a
2particular contested penalty and performed its review
3functions under this Act and the Illinois Commerce
4Commission's rules, there remains a dispute as to whether the
5Illinois Commerce Commission should impose a penalty under
6this Act, the matter shall proceed in the manner set forth in
7Article X of the Public Utilities Act, including the
8provisions governing judicial review.
9(Source: P.A. 96-714, eff. 1-1-10.)
 
10    (220 ILCS 50/11.3)
11    Sec. 11.3. Emergency telephone system outages;
12reimbursement. Any excavator person who negligently damages a
13an underground facility or CATS facility causing an emergency
14telephone system outage must reimburse the public safety
15agency that provides personnel to answer calls or to maintain
16or operate an emergency telephone system during the outage for
17the agency's costs associated with answering calls or
18maintaining or operating the system during the outage. For the
19purposes of this Section, "public safety agency" means the
20same as in Section 2.02 of the Emergency Telephone System Act.
21(Source: P.A. 92-149, eff. 1-1-02.)
 
22    (220 ILCS 50/11.5)
23    Sec. 11.5. Limitation on liability.
24    (a) In joining JULIE the State-Wide One-Call Notice

 

 

HB5546 Enrolled- 56 -LRB103 38732 CES 68869 b

1System, a municipality's liability, under any membership
2agreement rules and regulations, for the indemnification of
3(i) the entity that is in charge of or managing JULIE the
4System or any officer, agent, or employee of JULIE that entity
5or (ii) an underground utility facility owner or operator of
6JULIE a member of the System or any officer, agent, or employee
7of an underground utility facility owner or operator of JULIE
8a member of the System shall be limited to claims arising as a
9result of the acts or omissions of the municipality or its
10officers, agents, or employees or arising out of the
11operations of the municipality's underground utility
12facilities.
13    (b) Subsection (a) shall not be construed to create any
14additional liability for a municipality in relation to any
15underground utility facility owner or operator of JULIE member
16of the System with which the municipality may have entered
17into a franchise agreement. If a municipality's liability for
18indemnification under a franchise agreement is narrower than
19under this Section, the franchise agreement controls.
20(Source: P.A. 90-481, eff. 8-17-97.)
 
21    (220 ILCS 50/12)  (from Ch. 111 2/3, par. 1612)
22    Sec. 12. Noncompliance and enforcement action time frames.
23No action may be brought by the Illinois Commerce Commission
24under Section 11 of this Act unless commenced within 2 years
25after the date of the alleged violation of this Act.

 

 

HB5546 Enrolled- 57 -LRB103 38732 CES 68869 b

1    Beginning January 1, 2025, all parties submitting alleged
2violations to the Illinois Commerce Commission shall use the
3forms provided and shall submit no later than 65 days after the
4discovery of the alleged violation. Any report of an alleged
5violation received later than 65 days after the discovery of
6the alleged violation shall be subject to a penalty as
7provided for in Section 11.
8    Beginning January 1, 2025, the Illinois Commerce
9Commission shall provide notice of investigation to the
10parties involved in the alleged violation report within 20
11days after the receipt of the alleged violation report.
12    Once a notice of investigation has been sent for all
13alleged violations reported on or after January 1, 2025, no
14further action may be brought by the Illinois Commerce
15Commission under Section 11 unless the notice of violation has
16been provided by the Illinois Commerce Commission staff to the
17entity determined to be in violation within 195 days after the
18date of the notice of investigation. For alleged violations
19that involve utility damage, personal injury or death, or
20property damage, an additional 130 days shall be allowed for
21the Illinois Commerce Commission staff to determine if the
22alleged entity was in violation.
23    Beginning July 1, 2025, the Illinois Commerce Commission
24shall provide for public review a monthly report listing all
25of the reports of alleged violations it received in the prior
26month. The listing shall be available by the end of the

 

 

HB5546 Enrolled- 58 -LRB103 38732 CES 68869 b

1violations report. The listing shall be available by the end
2of second full week for all reports from the previous month.
3The listing shall, at a minimum, include: (1) the name of the
4party submitting the alleged violation; (2) the name of the
5party and the name of the project owner that is alleged to be
6in violation; (3) the date the alleged violation report is
7submitted; and (4) the Section or Sections of the Act
8applicable to the submitted alleged violation.
9    JULIE, Inc., may submit reports to the Illinois Commerce
10Commission for alleged violations of Section 5.1.
11(Source: P.A. 86-674.)
 
12    (220 ILCS 50/13)  (from Ch. 111 2/3, par. 1613)
13    Sec. 13. Mandamus or injunction. Where public safety or
14the preservation of uninterrupted, necessary facilities
15utility service or community antenna television system service
16is endangered by any excavator person engaging in excavation
17or demolition in a negligent or unsafe manner which has
18resulted in or is likely to result in damage to underground
19utility facilities or CATS facilities or proposing to use
20procedures for excavation or demolition which are likely to
21result in damage to underground utility facilities or CATS
22facilities, or where the underground utility facility owner or
23operator of underground utility facilities or CATS facilities
24endangers an excavator by willfully failing to respond to a
25notice locate request, the underground utility facility owner

 

 

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1or operator of such facilities or the excavator or the State's
2Attorney or the Illinois Commerce Commission at the request of
3the underground utility facility owner or operator of such
4facilities or the excavator may commence an action in the
5circuit court for the county in which the excavation or
6demolition is occurring or is to occur, or in which the person
7or entity complained of has its his principal place of
8business or resides, for the purpose of having such negligent
9or unsafe excavation or demolition stopped and prevented or to
10compel the marking of underground utilities facilities or CATS
11facilities, either by mandamus or injunction.
12(Source: P.A. 92-179, eff. 7-1-02.)
 
13    (220 ILCS 50/14)  (from Ch. 111 2/3, par. 1614)
14    Sec. 14. Home rule. The regulation of underground utility
15facilities and CATS facilities damage prevention, as provided
16for in this Act, is an exclusive power and function of the
17State. A home rule unit may not regulate underground utility
18facilities and CATS facilities damage prevention, as provided
19for in this Act. All units of local government, including home
20rule units that are not municipalities of more than 1,000,000
21persons operating its own One-Call Notice System, must comply
22with the provisions of this Act. To this extent, this Section
23is a denial and limitation of home rule powers and functions
24under subsection (h) of Section 6 of Article VII of the
25Illinois Constitution. A home rule municipality of more than

 

 

HB5546 Enrolled- 60 -LRB103 38732 CES 68869 b

11,000,000 persons may regulate underground utility facilities
2and CATS facilities damage prevention.
3(Source: P.A. 99-121, eff. 7-23-15.)
 
4    (220 ILCS 50/2.1 rep.)
5    (220 ILCS 50/2.1.3 rep.)
6    (220 ILCS 50/2.1.4 rep.)
7    (220 ILCS 50/2.1.5 rep.)
8    (220 ILCS 50/2.1.6 rep.)
9    (220 ILCS 50/2.1.9 rep.)
10    (220 ILCS 50/2.1.10 rep.)
11    (220 ILCS 50/2.2 rep.)
12    (220 ILCS 50/2.3 rep.)
13    (220 ILCS 50/2.4 rep.)
14    (220 ILCS 50/2.5 rep.)
15    (220 ILCS 50/2.6 rep.)
16    (220 ILCS 50/2.7 rep.)
17    (220 ILCS 50/2.8 rep.)
18    (220 ILCS 50/2.9 rep.)
19    (220 ILCS 50/2.10 rep.)
20    (220 ILCS 50/2.11 rep.)
21    (220 ILCS 50/5 rep.)
22    Section 10. The Illinois Underground Utility Facilities
23Damage Prevention Act is amended by repealing Sections 2.1,
242.1.3, 2.1.4, 2.1.5, 2.1.6, 2.1.9, 2.1.10, 2.2, 2.3, 2.4, 2.5,
252.6, 2.7, 2.8, 2.9, 2.10, 2.11, and 5.
 

 

 

HB5546 Enrolled- 61 -LRB103 38732 CES 68869 b

1    Section 99. Effective date. This Act takes effect January
21, 2025.