093_HB2839sam001

 










                                     LRB093 08249 NHT 15726 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 NHT 15726 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 or, in the case
31    of  excavation  or  demolition  within  the  boundaries  of a
32    municipality  having  a  population  of  at  least  1,000,000
33    inhabitants that operates its  own  one-call  notice  system,
34    through  the  one-call  notice  system  that operates in that
 
                            -3-      LRB093 08249 NHT 15726 a
 1    municipality informing  utility  owners  and  operators  that
 2    additional  time  to  complete  the  excavation or demolition
 3    project will  be  required.   The  notice  will  provide  the
 4    excavator  with  an additional 28 calendar days from the date
 5    of the subsequent notification to continue  or  complete  the
 6    excavation or demolition project.
 7        At  a minimum, the notice required under clause (d) shall
 8    provide:
 9             (1)  the  person's  name,  address,  and  (i)  phone
10        number at which a person can  be  reached  and  (ii)  fax
11        number;
12             (2)  the  start  date  of  the planned excavation or
13        demolition;
14             (3)  the  address  at  which   the   excavation   or
15        demolition will take place;
16             (4)  the type and extent of the work involved; and
17             (5)  section/quarter   sections   when   the   above
18        information does not allow the State-Wide One-Call Notice
19        System    to   determine   the   appropriate   geographic
20        section/quarter sections.  This item (5) does  not  apply
21        to residential property owners.
22        Nothing  in  this Section prohibits the use of any method
23    of excavation if conducted  in  a  manner  that  would  avoid
24    interference  with  underground  utility  facilities  or CATS
25    facilities.
26    (Source: P.A. 92-179, eff. 7-1-02.)

27        (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
28        Sec. 7.  Damage or dislocation.   In  the  event  of  any
29    damage   to   or   dislocation  of  any  underground  utility
30    facilities  or  CATS  facilities  in  connection   with   any
31    excavation  or  demolition,  emergency  or  nonemergency, the
32    person  responsible  for   the   excavation   or   demolition
33    operations  shall immediately notify the affected utility and
 
                            -4-      LRB093 08249 NHT 15726 a
 1    the State-Wide One-Call Notice System  or,  in  the  case  of
 2    damage  or  dislocation  in connection with any excavation or
 3    demolition within the boundaries of a municipality  having  a
 4    population  of  at  least 1,000,000 inhabitants that operates
 5    its own one-call notice system, notify the  affected  utility
 6    and   the  one-call  notice  system  that  operates  in  that
 7    municipality.  Owners and operators  of  underground  utility
 8    facilities  that are damaged and the excavator involved shall
 9    work in a cooperative and expeditious manner  to  repair  the
10    affected utility.
11    (Source: P.A. 92-179, eff. 7-1-02.)

12        (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
13        Sec.  10.  Record of notice; marking of facilities.  Upon
14    notice by the person engaged in excavation or demolition, the
15    person owning or operating underground utility facilities  or
16    CATS  facilities in or near the excavation or demolition area
17    shall cause a written record to be made  of  the  notice  and
18    shall mark, within 48 hours (excluding Saturdays, Sundays and
19    holidays)  of receipt of notice, the approximate locations of
20    such facilities so as to  enable  the  person  excavating  or
21    demolishing  to  establish  the  location  of the underground
22    utility facilities or CATS facilities.  Owners and  operators
23    of  underground sewer facilities that are located outside the
24    boundaries of a municipality having a population of at  least
25    1,000,000  inhabitants  shall be required to respond and mark
26    the approximate location of those sewer facilities  when  the
27    excavator  indicates,  in  the  notice required in Section 4,
28    that the excavation or demolition project will exceed a depth
29    of 7 feet.  "Depth", in this case, is defined as the distance
30    measured vertically from the surface of the ground to the top
31    of the sewer facility.  Owners and operators  of  underground
32    sewer facilities that are located outside the boundaries of a
33    municipality  having  a  population  of  at  least  1,000,000
 
                            -5-      LRB093 08249 NHT 15726 a
 1    inhabitants  shall  be  required  at  all times to locate the
 2    approximate location of  those  sewer  facilities  when:  (1)
 3    directional  boring  is the indicated type of excavation work
 4    being performed within the notice; (2) the underground  sewer
 5    facilities owned are non-gravity, pressurized force mains; or
 6    (3)  the  excavation  indicated  will  occur in the immediate
 7    proximity of known underground sewer facilities that are less
 8    than 7 feet deep.  Owners or operators of  underground  sewer
 9    facilities  that  are  located  outside  the  boundaries of a
10    municipality  having  a  population  of  at  least  1,000,000
11    inhabitants shall not hold an excavator  liable  for  damages
12    that  occur  to sewer facilities that were not required to be
13    marked under this Section, provided that prompt notice of the
14    damage is made to the State-Wide One-Call Notice  System  and
15    the utility owner as required in Section 7.
16        All persons subject to the requirements of this Act shall
17    plan  and  conduct  their  work  consistent  with  reasonable
18    business   practices.   Conditions   may   exist   making  it
19    unreasonable to request that locations be  marked  within  48
20    hours.  It is unreasonable to request owners and operators of
21    underground utility facilities and CATS facilities to  locate
22    all of their facilities in an affected area upon short notice
23    in  advance  of a large or extensive nonemergency project, or
24    to request  extensive  locates  in  excess  of  a  reasonable
25    excavation or demolition work schedule, or to request locates
26    under  conditions where a repeat request is likely to be made
27    because of the passage of time  or  adverse  job  conditions.
28    Owners  and  operators  of underground utility facilities and
29    CATS   facilities   must   reasonably   anticipate   seasonal
30    fluctuations in the  number  of  locate  requests  and  staff
31    accordingly.
32        If  a  person  owning  or  operating  underground utility
33    facilities or CATS facilities receives a  notice  under  this
34    Section  but  does not own or operate any underground utility
 
                            -6-      LRB093 08249 NHT 15726 a
 1    facilities or CATS facilities within the proposed  excavation
 2    or  demolition  area  described  in  the notice, that person,
 3    within 48 hours (excluding Saturdays, Sundays, and  holidays)
 4    after  receipt  of  the  notice,  shall  so notify the person
 5    engaged in excavation or demolition who initiated the notice,
 6    unless the person who initiated the notice  expressly  waives
 7    the  right  to  be  notified  that  no facilities are located
 8    within the excavation or demolition area.   The  notification
 9    by the owner or operator of underground utility facilities or
10    CATS  facilities  to  the  person  engaged  in  excavation or
11    demolition  may  be  provided  in   any   reasonable   manner
12    including, but not limited to, notification in any one of the
13    following  ways:  by  face-to-face communication; by phone or
14    phone message; by facsimile; by posting in the excavation  or
15    demolition  area;  or by marking the excavation or demolition
16    area.  The  owner  or  operator  of  those   facilities   has
17    discharged  the  owner's  or operator's obligation to provide
18    notice under this Section if the owner or  operator  attempts
19    to provide notice by telephone or by facsimile, if the person
20    has  supplied  a  facsimile  number,  but  is unable to do so
21    because the person engaged in the  excavation  or  demolition
22    does  not  answer  his  or  her telephone or does not have an
23    answering  machine  or  answering  service  to  receive   the
24    telephone  call  or  does  not  have  a  facsimile machine in
25    operation to receive  the  facsimile  transmission.   If  the
26    owner  or operator attempts to provide notice by telephone or
27    by facsimile but receives a busy signal, that  attempt  shall
28    not   serve  to  discharge  the  owner  or  operator  of  the
29    obligation to provide notice under this Section.
30        A  person  engaged  in  excavation  or   demolition   may
31    expressly  waive  the right to notification from the owner or
32    operator of underground utility facilities or CATS facilities
33    that the owner or operator has no facilities located  in  the
34    proposed  excavation or demolition area.  Waiver of notice is
 
                            -7-      LRB093 08249 NHT 15726 a
 1    only permissible in  the  case  of  regular  or  nonemergency
 2    locate  requests.  The waiver must be made at the time of the
 3    notice to the State-Wide One-Call Notice  System.   A  waiver
 4    made  under this Section is not admissible as evidence in any
 5    criminal or civil action that may arise out of, or is in  any
 6    way  related  to,  the  excavation  or demolition that is the
 7    subject of the waiver.
 8        For  the  purposes  of  this  Act,  underground  facility
 9    operators may utilize a combination  of  flags,  stakes,  and
10    paint  when  possible on non-paved surfaces and when dig site
11    and seasonal conditions warrant.  If the approximate location
12    of an underground utility facility or CATS facility is marked
13    with stakes or other  physical  means,  the  following  color
14    coding shall be employed:
15        Utility or Community Antenna       Identification Color
16        Television Systems and Type
17        of Product

18    Electric Power, Distribution and
19        Transmission...................... Safety Red
20    Municipal Electric Systems............ Safety Red
21    Gas Distribution and Transmission..... High Visibility
22                                           Safety Yellow
23    Oil Distribution and Transmission..... High Visibility
24                                           Safety Yellow
25    Telephone and Telegraph Systems....... Safety Alert Orange
26    Community Antenna Television Systems.. Safety Alert Orange
27    Water Systems......................... Safety
28                                           Precaution Blue
29    Sewer Systems......................... Safety Green
30    Non-potable Water and Slurry Lines.... Safety Purple
31    Temporary Survey...................... Safety Pink
32    Proposed Excavation................... Safety White (Black
33                                           when snow is
34                                           on the ground)
 
                            -8-      LRB093 08249 NHT 15726 a
 1    (Source: P.A. 92-179, eff. 7-1-02.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.".