Bill Text: IL HB2263 | 2023-2024 | 103rd General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2263 Detail]

Download: Illinois-2023-HB2263-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2263 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Underground Utility Facilities Damage Prevention Act. Makes various changes to the definitions. Provides that owners or operators of underground utility facilities are required to be members of the One-Call Notice system (rather than the State-Wide One-Call Notice System). Provides that if, upon notice from the One-Call Notice system, an underground utility facility owner or operator determines there is a critical underground utility facility within the proposed excavation area and the underground utility facility owner or operator desires to have an authorized representative present during excavation near the critical underground utility facility, the underground utility facility owner or operator shall contact the excavator prior to the dig start date and time provided on the notice to schedule a date and time for the underground utility facility owner or operator to be present when excavation will occur near the critical underground utility facility. Provides for the following: a positive response system; a planning design notification; and a joint meet notification. Requires geographic information system data to be provided to the One-Call Notice system. Makes changes in provisions concerning: required activities; emergency excavation or demolition; damage or dislocation; liability or financial responsibility; negligence; record of notice and marking of facilities; penalties, liability, and fund; emergency telephone system outages and reimbursement; noncompliance and enforcement action time frames; mandamus or injunction; and home rule. Provides that if any previously unmarked underground utility facility is exposed during excavation or demolition, emergency or nonemergency, the excavator responsible for excavation or demotion operations shall immediately notify the One-Call Notice System. Repeals the definition of "person" and a provision concerning notice of preconstruction conference. Makes technical and other changes.
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A BILL FOR
HB2263 LRB103 05762 AMQ 50782 b
AN ACT concerning utilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Underground Utility Facilities
Damage Prevention Act is amended by changing Sections 1, 2,
2.1.3, 2.1.4, 2.1.5, 2.1.9, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8,
2.9, 2.10, 2.11, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11.3, 11.5, 12,
13, and 14 and by adding Sections 2.1.1, 2.1.2, 2.1.7, 2.1.8,
2.1.11, 2.1.12, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18,
2.19, 4.1, 5.1, 5.2, 5.3, 5.4, and 7.5 as follows:
(220 ILCS 50/1) (from Ch. 111 2/3, par. 1601)
Sec. 1. This Act shall be known and may be cited as the
Illinois Underground Utility Facilities Damage Prevention Act,
and for the purposes of participating in the State of Illinois
Joint Purchasing Program, the State-Wide One-Call Notice
System, commonly referred to as "JULIE, Inc.", shall be
considered as created by this Act.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
Sec. 2. Definitions. As used in this Act, unless the
context clearly otherwise requires, the terms specified in
Sections 2.1.1 2.1 through 2.19 2.11 have the meanings

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ascribed to them in those Sections.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.1.1 new)
Sec. 2.1.1. Excavator. "Excavator" means any person or
legal entity, public or private, that engages in excavation or
demolition work.
(220 ILCS 50/2.1.2 new)
Sec. 2.1.2. Pre-mark. "Pre-mark" means the use of white
paint, stakes, or flags to delineate the work area at the site
of the proposed excavation or demolition area. If visible, an
existing above ground fixed structure may be considered a
pre-mark. A verbal pre-mark is adequate when the scope
requested to be marked is narrow and explicit enough to
prevent marking a large area beyond the actual area of
excavation or demolition. If utilized, physical pre-marking
for the area of the planned excavation or demolition shall be
accomplished prior to notifying the One-Call Notice System.
(220 ILCS 50/2.1.3)
Sec. 2.1.3. No show request. "No show request" means a
notice initiated by an excavator through the State-Wide
One-Call Notice System to the owners or operators of
underground utility facilities notified in the prior locate
request that such facility owners or operators, as identified

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by the excavator and confirmed, when implemented, through the
positive response system, in accordance with subsection (a) of
Section 5.1, either failed to mark their facilities or to
communicate their non-involvement with the excavation prior to
the requested dig start date and time on the locate request.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.4)
Sec. 2.1.4. Incomplete request. "Incomplete request"
means a notice initiated by an excavator through the
State-Wide One-Call Notice System to the owners or operators
of underground utility facilities notified in a prior locate
request that such facility owners or operators, as identified
by the excavator and, when implemented, confirmed by the
positive response system, in accordance with subsection (a) of
Section 5.1 person excavating, did not completely mark the
entire extent or the entire segment of the proposed
excavation, as identified on by the excavator in the locate
request or as previously documented and mutually agreed upon
prior notice.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.5)
Sec. 2.1.5. Re-mark request. "Re-mark request" means a
notice initiated by an excavator through the State-Wide
One-Call Notice System to the owners or operators of

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underground utility facilities notified in the initial locate
request requesting underground utility facility owners or
operators to re-mark all or part of the work area identified in
the initial locate request, because underground utility
facility markings are becoming or have become
indistinguishable due to factors, including, but not limited
to, weather, fading, construction activity, or vandalism. Only
the affected areas where excavation or demolition is to
continue shall be requested to be re-marked.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.7 new)
Sec. 2.1.7. Normal notice request. "Normal notice request"
means a request for locates that provides no less than 2 days,
but no more than 10 days, advance notice of a planned
excavation or demolition. Excavation or demolition on a normal
notice request shall begin within 10 days of the valid dig
start date and time and is valid for 25 days from the date of
the initial request unless a subsequent request for extension,
as described in subsection (g) of Section 4, is made. Normal
notice requests shall be limited to one-fourth contiguous mile
within a municipality and one contiguous mile within any
unincorporated area, which includes townships. Requests are
valid for a single street with an exception for intersecting
roads of 250 feet in all directions. Any excavation continuing
on a side street shall require an additional request.

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(220 ILCS 50/2.1.8 new)
Sec. 2.1.8. One-Call Notice System. "One-Call Notice
System" means "JULIE, Inc." for all excavation or demolition
performed and includes all underground utility facilities
owned outside the jurisdiction of the city limits of Chicago.
(220 ILCS 50/2.1.9)
Sec. 2.1.9. JULIE Excavation Safety Resource Excavator
Handbook. "JULIE Excavation Safety Resource Excavator
Handbook" means the materials handbook periodically updated
and published by the State-Wide One-Call Notice System that
provides information for excavators and underground utility
facility owners and operators on the use and services of the
State-Wide One-Call Notice System.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.11 new)
Sec. 2.1.11. Project owner. "Project owner" means the
person or legal entity, public or private, or planning
entities that are financially responsible for the undertaking
of a project that involves excavation or demolition.
(220 ILCS 50/2.1.12 new)
Sec. 2.1.12. Service lateral. "Service lateral" means an
underground facility located in a public right-of-way or

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utility easement that connects an end users' building or
property to a facility owner's or operator's underground
utility facility.
(220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
Sec. 2.2. Underground utility facilities. "Underground
utility facilities" or "facilities" means and includes wires,
ducts, fiber optic cable, conduits, pipes, sewers, and cables
and their connected appurtenances installed or existing
beneath the surface of the ground and either owned, operated,
or controlled by:
(1) a public utility as defined in the Public
Utilities Act;
(2) a municipally owned or mutually owned utility
providing a similar utility service;
(3) a pipeline entity transporting gases, crude oil,
petroleum products, or other hydrocarbon materials within
the State;
(4) a telecommunications carrier as defined in the
Universal Telephone Service Protection Law of 1985, or by
a company described in Section 1 of the Telephone Company
Act;
(5) a community antenna television system, as defined
in the Illinois Municipal Code or the Counties Code;
(6) a holder or broadband service, as those terms are
that term is defined in the Cable and Video Competition

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Law of 2007;
(7) any other entity owning or operating underground
facilities that transport generated electrical power to
other utility owners or operators or transport generated
electrical power within the internal electric grid of a
wind turbine generation farm, solar farm, or solar
installation; and
(8) an electric cooperative as defined in the Public
Utilities Act; and .
(9) any other active member of the One-Call Notice
System.
(Source: P.A. 100-863, eff. 8-14-18.)
(220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
Sec. 2.3. Excavation.
(a) "Excavation" means any operation in which earth, rock,
or other material in or on the ground is moved, removed, or
otherwise displaced by means of any tools, power equipment or
explosives, and includes, without limitation, grading,
trenching, digging, ditching, drilling, augering, boring,
tunneling, scraping, cable or pipe plowing, saw cutting or
roadway surface milling when penetrating into the base or
subbase of a paved surface, and driving, but does not include:
(1) farm tillage operations; or
(2) railroad right-of-way maintenance; or operations
or

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(3) coal mining operations regulated under the Federal
Surface Mining Control and Reclamation Act of 1977 or any
State law or rules or regulations adopted under the
federal statute; , or
(4) land surveying operations as defined in the
Illinois Professional Land Surveyor Act of 1989 when not
using power equipment, and when prior to manually driving
any pin or rod under this subsection, the intended
location for the pin or rod is hand probed using a
round-tipped probe rod to the depth of the intended pin or
rod; , or
(5) roadway surface milling; .
(6) manually inserting, without the use of power
equipment, a temporary round-tipped ground or probe rod as
part of underground utility facility locating;
(7) manually inserting, without the use of power
equipment, a temporary round-tipped probe rod for bar
holing to determine the area of a leaking underground
hazardous gas or liquid facility; or
(8) manually inserting, without the use of power
equipment, a round-tipped ground rod for the purpose of
grounding utility equipment when an emergency exists and
no other ground source is available.
(b) An exclusion to this Section in no way prohibits a
request from being made for the marking of underground utility
facilities.

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(c) Any exception to excavation contained within this
Section is not intended to remove liability that may be
imposed against an individual or entity because of damage
caused to an underground utility facility.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.4) (from Ch. 111 2/3, par. 1602.4)
Sec. 2.4. Demolition. "Demolition" means the wrecking,
razing, rending, moving, or removing of a structure by means
of any power tool, power equipment (exclusive of
transportation equipment), or explosives.
(Source: P.A. 86-674.)
(220 ILCS 50/2.5) (from Ch. 111 2/3, par. 1602.5)
Sec. 2.5. Damage. "Damage" means the contact or
dislocation of any underground utility facility or CATS
facility during excavation or demolition which necessitates
immediate or subsequent repair by the owner or operator of
such underground utility facility due to any partial or
complete destruction of the underground utility facility,
including, but not limited to, the protective coating, lateral
support, cathodic protection, or housing for the line or
device of the underground utility facility.
(Source: P.A. 86-674.)
(220 ILCS 50/2.6)

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Sec. 2.6. Emergency locate request. "Emergency locate
request" means a locate request for any condition constituting
an imminent danger to life, health, or property, or a utility
service outage, and which requires repair or action before the
expiration of 2 days 48 hours.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.7)
Sec. 2.7. Tolerance zone. "Tolerance zone" means:
(1) if the diameter of the underground utility
facility is indicated, the distance of one-half of the
known diameter plus one and one-half feet on either side
of the designated center line of the underground utility
facility marking;
(2) if the diameter of the underground utility
facility is not indicated, one and one-half feet on either
side of the outside edge of the underground utility
facility marking; or
(3) for subaqueous underground utility facilities, a
distance of 30 feet on either side of the indicated
underground utility facility. For purposes of this
Section, "subaqueous" means an underground utility
facility located under a lake, river, or navigable
waterway.
The underground utility facility markings provided shall
not indicate that the width of the marked underground utility

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facility is any greater than the actual width of the
underground utility facility.
The tolerance zone shall also apply to visible utility
structures, including, but not limited to, poles with overhead
to underground transitions, pedestals, transformers, meters,
hydrants, and valve boxes. There shall be an one and one-half
foot tolerance zone entirely around such facilities the
approximate location of underground utility facilities or CATS
facilities defined as a strip of land at least 3 feet wide, but
not wider than the width of the underground facility or CATS
facility plus 1-1/2 feet on either side of such facility based
upon the markings made by the owner or operator of the
facility.
Excavation within the tolerance zone requires extra care
and precaution, including, but not limited to, as set forth in
Section 4.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/2.8)
Sec. 2.8. Approximate location. "Approximate location"
means the location of the marked underground utility facility
that lies entirely within the tolerance zone a strip of land at
least 3 feet wide, but not wider than the width of the
underground facility or CATS facility plus 1.5 feet on either
side of the facility.
(Source: P.A. 92-179, eff. 7-1-02.)

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(220 ILCS 50/2.9)
Sec. 2.9. Day or days. "Day" or "days" "Forty-eight hours"
means any day, 2 business days beginning at 8 a.m. and ending
at 4 p.m. (exclusive of Saturdays, Sundays, and holidays,
beginning at 12:00 a.m. and ending at 11:59 p.m., recognized
by the State-Wide One-Call Notice System, including the day of
the actual notice. or the municipal one-call notice system).
All requests for locates received after 4 p.m. will be
processed as if received at 8 a.m. the next business day.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.10)
Sec. 2.10. Open cut utility locate. "Open cut utility
locate" means a method of locating underground utility
facilities that requires excavation by the owner, operator, or
agent of the underground utility facility.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.11)
Sec. 2.11. Roadway surface milling. "Roadway surface
milling" means the removal of a uniform pavement section by
rotomilling, grinding, saw cutting, or other means that does
not penetrate into including the roadway base or subbase.
(Source: P.A. 94-623, eff. 8-18-05.)

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(220 ILCS 50/2.12 new)
Sec. 2.12. Damage notification. "Damage notification"
means notification through the One-Call Notice System to the
underground utility facility owner or operator that damage to
an underground utility facility has occurred in the area of
the excavation or demolition.
(220 ILCS 50/2.13 new)
Sec. 2.13. Exposed notification. "Exposed notification"
means notification through the One-Call Notice System to the
underground utility facility owner or operator that a
previously unmarked underground utility facility has been
exposed, but not damaged, in the area of the excavation or
demolition.
(220 ILCS 50/2.14 new)
Sec. 2.14. Large project. "Large project" means a single
excavation that exceeds 25 days, as defined in Section 2.9,
consists of geographical boundaries that exceed a normal
notice request, or involves a series of repetitive,
related-scope, short-term excavations.
(220 ILCS 50/2.15 new)
Sec. 2.15. Planning design notification. "Planning design
notification" means the process prior to the excavation phase
of a project where information is gathered and decisions are

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made regarding the route or location of a proposed excavation.
The use of the information that is obtainable pursuant to this
Section is intended to minimize delays of construction
projects not for excavation or bidding purposes. The
underground utility facilities owner or operator may indicate
any portion of the information that is proprietary and require
the planner designer to protect the proprietary information.
(220 ILCS 50/2.16 new)
Sec. 2.16. Joint meet notification. "Joint meet
notification" means a notice of a meeting held prior to the
excavation phase to discuss projects that cannot be adequately
communicated within a normal notice request. The meeting is
intended to allow the exchange of maps, plans, or schedules.
It is not a locating session and shall be held at or near the
excavation site. Joint meet notifications are not to be used
in lieu of valid normal notice requests and are required for,
but not limited to, large projects as defined in Section 2.14.
(220 ILCS 50/2.17 new)
Sec. 2.17. Locatable service laterals. "Locatable service
laterals" applies to underground facilities installed after
December 31, 2024. Any person or legal entity, public or
private, who, after December 31, 2024, installs a
nonconductive service lateral shall ensure the installation is
locatable by electromagnetic means or other equally effective

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means for marking the location of the service lateral. The
requirement shall not apply to minor repairs to, or partial
replacements of, service laterals installed prior to December
31, 2024.
(220 ILCS 50/2.18 new)
Sec. 2.18. Positive response system. "Positive response
system" means an automated system facilitated by the One-Call
Notice System allowing an underground utility facility owner
or operator to communicate to an excavator the presence,
absence, or response status of any conflict between the
existing underground utility facilities in the area of
excavation or demolition.
(220 ILCS 50/2.19 new)
Sec. 2.19. Geographic information system data. "Geographic
information system data" means data to be applied to the
One-Call Notice System software to facilitate a more clearly
defined notification area for excavation notices sent to the
system members. "Geographic information system data" includes,
but is not limited to:
(1) address points with site addresses;
(2) parcels with site addresses;
(3) road center lines with names and address range;
(4) city limits with names;
(5) political townships with names;

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(6) railroads with names;
(7) streams with names; and
(8) water bodies with names.
(220 ILCS 50/3) (from Ch. 111 2/3, par. 1603)
Sec. 3. One-Call Notice System Membership. The owners or
operators of underground utility facilities are required to be
members of the One-Call Notice System or CATS facilities that
are not currently participants in the State-Wide One-Call
Notice System shall, within 6 months of the effective date of
this Act, join the State-Wide One-Call Notice System. This
Section shall not apply to utilities operating facilities or
CATS facilities exclusively within the boundaries of a
municipality with a population of at least one million
persons.
(Source: P.A. 86-674.)
(220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
Sec. 4. Required activities. Every excavator person who
engages in nonemergency excavation or demolition shall:
(a) take reasonable action to inform oneself himself of
the location of any underground utility facilities in and near
the area for which such operation is to be conducted;
(b) plan the excavation or demolition to avoid or minimize
interference with underground utility facilities within the
tolerance zone by utilizing such precautions that include, but

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are not limited to, hand excavation, vacuum excavation methods
to the depth of the proposed excavation or demolition, and
visually inspecting the excavation while in progress until
clear of the approximate location of the existing marked
underground utility facility;
(c) pre-mark in accordance with Section 2.1.2 if
practical, use white paint, flags, stakes, or both, to outline
the dig site;
(d) provide notice not less than 2 days 48 hours but no
more than 10 days 14 calendar days in advance of the start of
the excavation or demolition to the owners or operators of the
underground utility facilities at or in and near the
excavation or demolition area through the State-Wide One-Call
Notice System or, in the case of nonemergency excavation or
demolition within the boundaries of a municipality of at least
one million persons which operates its own one-call notice
system, through the one-call notice system which operates in
that municipality. The excavator shall start the excavation or
demolition before the expiration of 10 days after the valid
dig start date and time on the notice. At a minimum, the notice
required under this subsection (d) shall provide:
(1) the person's name, address, phone number at which
a person can be reached, and if available, a fax number and
email address , if available;
(2) the start date, or if applicable, the specified
start time, whichever is later, and time of the planned

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excavation or demolition;
(3) the county and city or the county and township all
counties, cities, or townships, or any combination
thereof, where the proposed excavation or demolition shall
take place;
(4) the address or location at which the excavation or
demolition shall take place;
(5) the type and extent of the work, extent, and
description of the area where excavation or demolition is
to occur involved; and
(6) the section or quarter sections when the
information in items (1) through (5) of this subsection
(d) does not allow the State-Wide One-Call Notice System
to determine the appropriate excavation or demolition
site. This item (6) does not apply to residential property
owners;
(7) an indication of whether directional boring or
horizontal directional drilling will be used;
(8) an indication of whether the excavation will
exceed 7 feet in depth;
(9) an indication of how the proposed excavation or
demolition has been pre-marked as defined in Section
2.1.2;
(10) the identity of the project owner; and
(11) the latitude and longitude of the relevant area,
if available.

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The information specified in paragraphs (1) through (9)
are still required when providing the latitude and longitude;
(e) provide, during and following excavation or
demolition, such support for existing underground utility
facilities in and near the excavation or demolition area as
may be reasonably necessary for the protection of such
underground utility facilities and known service laterals
unless otherwise agreed to by the owner or operator of the
underground utility underground facility or known service
laterals;
(f) backfill all excavations in such manner and with such
materials as may be reasonably necessary for the protection of
existing underground utility facilities in and near the
excavation or demolition area;
(g) after February 29, 2004, when the excavation or
demolition project will extend past the 25-day expiration 28
calendar days from the date of the original notice provided
under clause (d) or a subsequent extension notice, the
excavator shall provide a subsequent notice to the owners or
operators of the underground utility facilities in and near
the excavation or demolition area through the State-Wide
One-Call Notice System or, in the case of excavation or
demolition within the boundaries of a municipality having a
population of at least 1,000,000 inhabitants that operates its
own one-call notice system, through the one-call notice system
that operates in that municipality informing utility owners

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and operators that additional time to complete the excavation
or demolition project will be required. The notice will
provide the excavator with an additional 25 28 calendar days
from the date of the subsequent notification to continue or
complete the excavation or demolition project. An extension
may be requested no earlier than the 20th day from the initial
request or latest extension notice. The excavator may not
provide a subsequent notice under this Section for the purpose
of keeping a prior notice open or valid without continued
excavation occurring within the period of that subsequent
notice;
(h) exercise due care at all times to protect underground
utility facilities and known service laterals. If, after
proper notification through the State-Wide One-Call Notice
System and upon arrival at the site of the proposed
excavation, the excavator observes clear evidence of the
presence of an unmarked or incompletely marked underground
utility facility in the area of the proposed excavation, the
excavator shall provide subsequent notice through the One-Call
Notice System of the unmarked or incompletely marked
underground utility facility and shall not begin excavating
until all affected underground utility facilities have been
marked or 2 hours, whichever is shorter, unless a greater time
is indicated on the subsequent notice after an additional call
is made to the State-Wide One-Call Notice System for the area.
The owner or operator of the underground utility facility

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shall respond within 2 hours unless a greater time is
indicated on the notice provided through the of the
excavator's call to the State-Wide One-Call Notice System; and
(i) when factors, including, but not limited to, weather,
construction activity, or vandalism, at the excavation site
have caused the underground utility facility markings to
become faded or indistinguishable, the excavator shall
pre-mark again in accordance with Section 2.1.2 and provide a
re-mark request an additional notice through the State-Wide
One-Call Notice System requesting that only the affected areas
where excavation or demolition is to continue be re-marked.
Underground utility facility Facility owners or operators must
respond to the notice to re-mark according to the requirements
of Section 10 of this Act.
Nothing in this Section prohibits the use of any method of
excavation if conducted in a manner that would avoid
interference with underground utility facilities.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/4.1 new)
Sec. 4.1. Watch and protect.
(a) If, upon notice from the One-Call Notice System, an
underground utility facility owner or operator determines
there is a critical underground utility facility within the
proposed excavation area and the underground utility facility
owner or operator desires to have an authorized representative

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present during excavation near the critical underground
utility facility, the underground utility facility owner or
operator shall contact the excavator prior to the dig start
date and time provided on the notice to schedule a date and
time for the underground utility facility owner or operator to
be present when excavation will occur near the critical
underground utility facility.
(b) All excavators shall comply with the underground
utility facility owner's or operator's request to be present
during excavation near critical underground utility
facilities. In lieu of having an authorized representative
present, the underground utility facility owner or operator
may choose to conduct minimal excavation near the critical
underground utility facility to expose its location. However,
it is incumbent on the underground utility facility owner or
operator to comply with the excavator's schedule for when
excavation will occur near the critical underground utility
facility.
(c) During the course of a project, if excavation near
critical underground utility facilities stops by more than one
day and then recommences, the excavator shall establish direct
contact with the underground utility facility owner or
operator not less than one day prior to the excavation, each
time the excavation is to occur, to advise the underground
utility facility owner or operator of the excavation taking
place.

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(d) Nothing in this Section shall prohibit an excavator
from excavating prudently and carefully near a critical
underground utility facility without the underground utility
facility owner or operator present if the underground utility
facility owner or operator waives the request to be present or
to complete a minimal excavation exposing the critical
underground utility facility or is unable to comply with the
excavator's schedule.
(220 ILCS 50/5.1 new)
Sec. 5.1. Positive response system.
(a) Beginning January 1, 2025, an excavator shall confirm
through the positive response system prior to excavation or
demolition that all underground utility facility owners or
operators that are identified on the notice have provided a
status update, responded, and marked or provided an all clear
notification.
(b) Beginning January 1, 2025, an underground utility
facility owner or operator shall respond through the positive
response system prior to the dig start date and time on the
notice with an appropriate system code. A minimal delay not to
exceed one hour in reporting a system code in response to an
emergency request shall not be a violation of this Section.
(c) If an underground utility facility owner or operator
fails to respond or provide a status update through the
positive response system by the dig start date and time on the

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notice, or a later time as otherwise agreed upon and submitted
through the positive response system, the One-Call Notice
System shall transmit an additional notification to that
underground utility facility owner or operator and shall
continue to send out daily notifications until the positive
response system receives a response confirming compliance with
this Section.
(d) If an underground utility facility owner or operator
fails to respond or provide a status update to the positive
response system, the excavator may proceed after complying
with subsection (h) of Section 4, and the underground utility
facility owner or operator shall respond in accordance with
subsection (h) of Section 4.
(e) If all notified underground utility facility owners or
operators have responded as "marked" or "clear" prior to the
expiration of the dig start date and time on the notice, the
wait time shall be considered expired and no additional wait
time is required prior to commencing with the excavation or
demolition work listed on the notice.
(220 ILCS 50/5.2 new)
Sec. 5.2. Planning design notification.
(a) An underground utility facility owner or operator
shall have the following responsibilities:
(1) respond to a valid planning design notification
within 10 days or such date as shall be mutually agreed

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upon between the underground utility facility owner or
operator and the designer or planner. The underground
utility facility owner or operator shall provide
information regarding the location, size, if greater than
2 inches in diameter, and type, which shall be generically
listed as communication, electric, gas, water, and, if
direct, buried or in conduit or duct package, of
underground utility facilities based on the best
information available to the underground utility facility
owner within the scope of the proposed project;
(2) respond to a planning design notification in one
of the following methods:
(A) provide digital or paper drawings or prints,
preferred format of KMZ file or shapefile, that are
drawn to scale, if available, providing the type and
size, as described in paragraph (1), of the
infrastructure, including visible utility structures,
which shall include, if available, measurements from
the back of the curb, sidewalk, edge of the pavement,
centerline of the ditch, property lines, and other
similar items;
(B) request the proposed plans or drawings from
the designer or planner and illustrate the location of
the underground utility facility owner's or operator's
underground utility facilities, drawn to scale, if
available, providing the type and size, as described

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in paragraph (1), of the facilities, including visible
structures on such plans;
(C) locate and mark the underground utility
facility owner's or operator's underground utility
facilities within the scope of the proposed project,
as agreed to with the planner or designer;
(D) if the responding underground utility facility
owner or operator is unable to comply with
subparagraph (A) or (B), then the underground utility
facility owner or operator shall mark the underground
utility facilities within the scope of the proposed
project, as agreed to with the planner or designer; or
(E) if marking of the infrastructure is the
preferred or required response of the underground
utility facility owner or operator, the underground
utility facility owner or operator shall only mark
main line facilities or any service lines that would
otherwise be considered main line due to size or type,
as described in paragraph (1); and
(3) may charge a nominal fee to locate and mark the
proposed project, as described in subparagraph (C) or (D)
of paragraph (2);
(b) The planner or designer shall have the following
responsibilities:
(1) follow the guidelines set forth in CI/ASCE 38-02
Standard Guidelines for the Collection and Depiction of

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Existing Subsurface Utility Data, as amended, when
preparing plans or drawings;
(2) illustrate on all appropriate documents the
position, size, and type, as defined in paragraph (1) of
subsection (a), of all known underground utility
facilities obtained in the planning design notification
process and include the valid planning design notification
number provided by the One-Call Notice System on any plans
or drawings; and
(3) make all reasonable efforts to prepare the plans
or drawings to minimize interference with known existing
and proposed underground utility facilities in the
proposed project area.
(c) A planning design notification shall include the
following information:
(1) name, address, telephone number, office and cell
phone, and, if available, email address of the designated
contact requesting the information;
(2) name, address, telephone number, office and cell
phone, and, if available, email address of the project
owner;
(3) the approximate date when the underground utility
facility information is required; and
(4) the specific area requiring underground utility
facility information by one or more of the following
means:

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(A) the county and municipality or the county and
township involved in the proposed project;
(B) street names involved in the proposed project,
the north, south, east, and west boundaries of the
proposed project, or the section number or numbers
involved in the proposed project;
(C) latitude and longitude coordinates of the
outside edges of the proposed project;
(D) digital data such as, but not limited to,
shapefiles when technology and software allow;
(E) the type of work projected to take place
within the proposed project; and
(F) known site specific underground utility
facility information available to the project owner to
be delivered to qualified bidders of the proposed
project.
(220 ILCS 50/5.3 new)
Sec. 5.3. Joint meet notification.
(a) A Joint meet notification shall include the following
information:
(1) the excavator's name, address, phone number at
which the excavator can be reached, and, if available, a
fax number and email address;
(2) the county and municipality or the county and
township where the work will be performed;

HB2263 - 29 - LRB103 05762 AMQ 50782 b
(3) street names involved in the project, the north,
south, east, and west boundaries of the project, or the
section number or numbers involved in the project;
(4) the date, time and location where the joint meet
will take place. The location of the joint meet shall be
near the project site; and
(5) a minimum advance notice of the joint meet of 2
days, but no more than 90 days, prior to the planned start
of excavation or demolition.
(b) Upon the receipt of a joint meet notification, an
underground utility facility owner or operator shall attend
the joint meet at the specified time and location. If there is
a conflict between joint meet notifications, an excavator that
provided a joint meet notification may receive a communication
from a underground utility facility owner or operator
requesting an alternate meeting time or date.
(c) If a joint meet notification is provided as part of a
large project, the excavator shall notify the project owner
and the designer or planner when and where the joint meet is to
occur.
(d) Multiple joint meets shall be required in the case of a
large project that extends into multiple political
subdivisions. The excavator shall schedule, at a minimum, one
joint meet per political subdivision to accommodate travel
restrictions of responding underground utility facility owners
or operators.

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(e) Prior to the meeting, the excavator shall physically
pre-mark the extent of the initial locate request for the
proposed excavation area or route if normal notice locate
requests are planned to be submitted with excavation beginning
after the minimum advance notice of 2 days after the joint
meet. The minimum advance notice for a large project is 5 days.
(f) Those participating at the joint meet shall agree to
the individual obligations consistent with the project. These
obligations may vary from project to project. It is not the
intent of this process to provide a specific set of standards
for all projects. It is intended that those participating at
the joint meet shall have the flexibility to make decisions
consistent with the project's parameters.
(g) The scope of the project shall be defined at the joint
meet and specific project details, including, but not limited
to, the number of phases and number of excavation crews and
subcontractors, to the extent possible, shall be provided.
(h) The size and number of normal notice locate requests
agreed to be submitted at one time at the joint meet shall be
documented in the meeting notes and made available to those
participating in the joint meet. However, any such agreement
reached shall not exceed the normal notice locate request
extent limits.
(i) If an underground utility facility owner or operator
fails to attend the joint meet and does not request an
alternate time or date to meet prior to commencement of

HB2263 - 31 - LRB103 05762 AMQ 50782 b
excavation, the excavator may proceed according to the
agreement reached with those attending the meeting.
(j) Within 90 days after the joint meet, the excavator
shall submit the normal notice locate requests consistent with
the agreements reached at the joint meet.
(k) The initial normal notice locate requests submitted
after the joint meet shall require a minimum of 2 days advance
notice and 5 days advance notice for large projects. All
remaining normal notice locate requests shall be submitted in
agreement with the joint meet schedule and provide a minimum
advance notice of 2 days. The excavator shall not submit
normal notice locate requests until after the joint meet.
(l) If the project start is delayed more than 90 days, or
the scope of the project changes after the joint meet has been
held and the locate schedule agreed to, a new joint meet
notification shall be required.
(m) In a situation where an excavator creates multiple
normal notice locate requests for a single project without a
joint meet being held, an affected underground utility
facility owner or operator may contact the excavator and
recommend the excavator follow the joint meet process to
assist in working out a locate schedule. A notified excavator
that fails to follow the joint meet process may realize delays
in marking of underground utility facilities on the project.
In accordance with paragraphs (1) through (5) of subsection
(e) of Section 10, a delay in marking is not in violation of

HB2263 - 32 - LRB103 05762 AMQ 50782 b
this Act.
(220 ILCS 50/5.4 new)
Sec. 5.4. Geographic information system data. As described
in Section 2.19, geographic information system data shall be
provided to the One-Call Notice System by any county or State
agency that has provided substantially similar data to any
other not-for-profit or agency utilizing such data for public
display of information or to be utilized by a not-for-profit
or agency in the interest of public safety. This data shall be
provided to the One-Call Notice System at a cost not to exceed
the actual cost of transmission of the data.
(220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
Sec. 6. Emergency excavation or demolition.
(a) Every excavator person who engages in emergency
excavation or demolition outside of the boundaries of a
municipality of at least one million persons which operates
its own one-call notice system shall take all reasonable
precautions to avoid or minimize interference between the
emergency work and existing underground utility facilities in
and near the excavation or demolition area, through the
State-Wide One-Call Notice System, and shall notify, as far in
advance as possible, the owners or operators of such
underground utility facilities in and near the emergency
excavation or demolition area, through the State-Wide One-Call

HB2263 - 33 - LRB103 05762 AMQ 50782 b
Notice System. At a minimum, the notice required under this
subsection (a) shall provide:
(1) the person's name, address, and (i) phone number
at which a person with knowledge of the planned emergency
excavation or demolition can be reached and, if available,
a (ii) fax number and email address , if available;
(2) the start date and time of the planned emergency
excavation or demolition;
(3) the address or location at which the emergency
excavation or demolition will take place; and
(4) the type of work, and extent, and description of
the area where emergency excavation or demolition is to
occur; and of the work involved.
(5) the county and city or county and township where
the emergency excavation or demolition will take place.
(a-1) There is a minimum wait time of 2 hours or the date
and time requested on the notice, whichever is longer, after
an emergency locate notification request is made through the
State-Wide One-Call Notice System. If the conditions at the
site dictate an earlier start than the date and time on the
notice required wait time, it is the responsibility of the
excavator to demonstrate that site conditions warranted this
earlier start time.
(a-2) Upon notice by the excavator person engaged in
emergency excavation or demolition, the owner or operator of
an underground utility facility in or near the excavation or

HB2263 - 34 - LRB103 05762 AMQ 50782 b
demolition area shall communicate with the excavator person
engaged in emergency excavation or demolition within 2 hours
or by the date and time requested on the notice, whichever is
longer by:
(1) marking the approximate location of underground
facilities;
(2) advising the excavator person excavating that
their underground utility facilities are not in conflict
with the emergency excavation; or
(3) notifying the excavator person excavating that the
underground utility facility owner or operator shall be
delayed in marking because of conditions as referenced in
subsection (g) of Section 11 of this Act.
(a-3) The notice by the underground utility facility owner
or operator to the excavator person engaged in emergency
excavation or demolition may shall be provided utilizing the
positive response system, in accordance with Section 5.1, and
may also be provided by phone or phone message or by marking
the excavation or demolition area. The underground utility
facility owner or operator has discharged the underground
utility facility owner's or operator's obligation to provide
notice under this Section if the underground utility facility
owner or operator attempts to provide notice by positive
response or telephone but is unable to do so because the
excavator person engaged in the emergency excavation or
demolition does not answer the his or her telephone or does not

HB2263 - 35 - LRB103 05762 AMQ 50782 b
have an answering machine, or answering service, or voicemail
to receive the telephone call or positive response, in
accordance with Section 5.1. If the underground utility
facility owner or operator attempts to provide additional
notice by telephone or by facsimile but receives a busy
signal, that attempt shall not discharge the underground
utility facility owner or operator from the obligation to
provide notice under this Section.
(b)(Blank). Every person who engages in emergency
excavation or demolition within the boundaries of a
municipality of at least one million persons which operates
its own one-call notice system shall take all reasonable
precautions to avoid or minimize interference between the
emergency work and existing underground utility facilities in
and near the excavation or demolition area, through the
municipality's one-call notice system, and shall notify, as
far in advance as possible, the owners and operators of
underground utility facilities in and near the emergency
excavation or demolition area, through the municipality's
one-call notice system.
(c) The reinstallation of traffic control devices shall be
deemed an emergency for purposes of this Section.
(d) An open cut utility locate shall be deemed an
emergency for purposes of this Section.
(e) During emergency situations, as described in Section
2.6, where the owner or operator of an underground utility

HB2263 - 36 - LRB103 05762 AMQ 50782 b
facility has a widespread situation beyond the equipment or
personnel capabilities to facilitate a timely repair or
correction of the emergency, the underground utility facility
owner or operator may utilize a subcontractor to facilitate
the work without a separate emergency locate request by the
subcontractor. However, for the purposes of this Act, in such
a situation, the underground utility facility owner or
operator shall be responsible for the actions of the
subcontractor, unless the subcontractor has obtained the
subcontractor's own emergency notice.
(f) Emergency notices provided through a One-Call Notice
System shall expire 10 days after the date of the notice.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
Sec. 7. Damage or dislocation.
(a) In the event of any damage to or dislocation of any
underground utility facilities in connection with any
excavation or demolition, emergency or nonemergency, the
excavator person responsible for the excavation or demolition
operations shall immediately notify the affected utility and
the State-Wide One-Call Notice System and cease excavation in
the area of the damage when the damaged facility is a threat to
life or property or if otherwise required by law or, in the
case of damage or dislocation in connection with any
excavation or demolition within the boundaries of a

HB2263 - 37 - LRB103 05762 AMQ 50782 b
municipality having a population of at least 1,000,000
inhabitants that operates its own one-call notice system,
notify the affected utility and the one-call notice system
that operates in that municipality.
(b) The excavator person responsible for the excavation or
demolition shall not attempt to repair, clamp, or constrict
the damaged underground utility facility unless under the
supervision or advisement of the underground utility facility
owner or operator. At no time shall an excavator a person under
this Act be required by an underground a utility facility
owner or operator to attempt to repair, clamp, or constrict a
damaged underground utility facility. In the event of any
damage to any underground utility facility that results in the
escape of any flammable, toxic, or corrosive gas or liquid,
the excavator person responsible for the excavation or
demolition shall call 9-1-1 and notify authorities of the
damage.
(c) Owners and operators of underground utility facilities
that are damaged and the excavator involved shall work in a
cooperative and expeditious manner to repair the affected
utility.
(d) The underground utility facility owner or operator
shall provide to the One-Call Notice System a phone number
with a dedicated extension, if applicable, that can be
provided to the excavator allowing immediate notification by
the excavator to the underground utility facility owner or

HB2263 - 38 - LRB103 05762 AMQ 50782 b
operator of the potential damage.
(e) At a minimum, the notice required under this Section
shall provide:
(1) a reference to the original excavation or
demolition notice, if one exists;
(2) the type of underground utility facility damaged,
if known;
(3) the name of the affected underground utility
facility owner or operator, if known; and
(4) the location of the damaged underground utility
facility at the excavation or demolition site.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/7.5 new)
Sec. 7.5. Exposed facility.
(a) If any previously unmarked underground utility
facility is exposed during excavation or demolition, emergency
or nonemergency, the excavator responsible for the excavation
or demolition operations shall immediately notify the One-Call
Notice System.
(b) At a minimum, the notice required under this Section
shall provide:
(1) a reference to the original excavation or
demolition notice, if one exists;
(2) the type of exposed underground utility facility,
if known;

HB2263 - 39 - LRB103 05762 AMQ 50782 b
(3) the name of the affected underground utility
facility owner or operator, if known; and
(4) the location of the exposed underground utility
facility at the excavation or demolition site.
(220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
Sec. 8. Liability or financial responsibility.
(a) Nothing in this Act shall be deemed to affect or
determine the financial responsibility for any operation under
this Act or liability of any entity or individual person for
any damages that occur unless specifically stated otherwise.
(b) Nothing in this Act shall be deemed to provide for
liability or financial responsibility of the Department of
Transportation, its officers and employees concerning any
underground utility facility or CATS facility located on
highway right-of-way by permit issued under the provisions of
Section 9-113 of the Illinois Highway Code. It is not the
intent of this Act to change any remedies in law regarding the
duty of providing lateral support.
(c) Neither the State-Wide One-Call Notice System nor any
of its officers, agents, or employees shall be liable for
damages for injuries or death to persons or damage to property
caused by acts or omissions in the receipt, recording, or
transmission of locate requests or other information in the
performance of its duties as the State-Wide One-Call Notice
System, unless the act or omission was the result of willful

HB2263 - 40 - LRB103 05762 AMQ 50782 b
and wanton misconduct.
(d) Any residential property owner who fails to comply
with any provision of this Act and damages underground utility
facilities or CATS facilities while engaging in excavation or
demolition on such residential property shall not be subject
to a penalty under this Act, but shall be liable for the damage
caused to the owner or operator of the damaged underground
utility facilities or CATS facilities.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/9) (from Ch. 111 2/3, par. 1609)
Sec. 9. Negligence.
(a) When it is shown by competent evidence in any action
for damages to underground utility facilities or CATS
facilities that such damages resulted from excavation or
demolition and that the excavator person engaged in such
excavation or demolition failed to comply with the provisions
of this Act, that excavator person shall be deemed prima facie
guilty of negligence.
(b) When it is shown by competent evidence in any action
for damages to excavators persons, material or equipment
brought by excavators persons undertaking excavation or
demolition acting in compliance with the provisions of this
Act that such damages resulted from the failure of owners and
operators of underground facilities or CATS facilities to
comply with the provisions of this Act, those owners and

HB2263 - 41 - LRB103 05762 AMQ 50782 b
operators shall be deemed prima facie guilty of negligence.
(Source: P.A. 86-674.)
(220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
Sec. 10. Record of notice; marking of facilities.
(a) Upon notice by the excavator person engaged in
excavation or demolition, the entity person owning or
operating underground utility facilities in or near the
excavation or demolition area shall cause a written record to
be made of the notice and shall mark, by the dig the start date
and time on the notice, within 48 hours of receipt of notice or
by the requested date and time indicated on the notice,
whichever is later, the approximate locations of such
facilities so as to enable the excavator person excavating or
demolishing to establish the location of the underground
utility facilities.
For subaqueous underground utility facilities, when the
underground utility facility owner or operator determines that
a proposed excavation or demolition is in proximity to or in
conflict with an underground utility facility located under a
lake, river, or navigable waterway, the underground utility
facility owner or operator shall identify the estimated
horizontal route of the underground utility facility, within
15 days or by a date and time mutually agreed to, using marking
buoys or other suitable devices, unless directed otherwise by
an agency having jurisdiction over the waters under which the

HB2263 - 42 - LRB103 05762 AMQ 50782 b
underground utility facility is located. For purposes of this
Section, "subaqueous" means an underground utility facility
located under a lake, river, or navigable waterway.
(b) Owners and operators of underground sewer facilities
that are located outside the boundaries of a municipality
having a population of at least 1,000,000 inhabitants shall be
required to respond and mark the approximate location of those
sewer facilities when the excavator indicates, in the notice
required in Section 4, that the excavation or demolition
project will exceed a depth of 7 feet. "Depth", in this case,
is defined as the distance measured vertically from the
surface of the ground to the top of the sewer facility.
(c) Owners and operators of underground sewer facilities
that are located outside the boundaries of a municipality
having a population of at least 1,000,000 inhabitants shall be
required at all times to mark locate the approximate location
of those sewer facilities when:
(1) directional boring is the indicated type of
excavation work being performed within the notice;
(2) the underground sewer facilities owned are
non-gravity, pressurized force mains; or
(3) the excavation indicated will occur in the
immediate proximity of known underground sewer facilities
that are less than 7 feet deep.
(d) Owners or operators of underground sewer facilities
that are located outside the boundaries of a municipality

HB2263 - 43 - LRB103 05762 AMQ 50782 b
having a population of at least 1,000,000 inhabitants shall
not hold an excavator liable for damages that occur to sewer
facilities that were not required to be marked under this
Section, provided that prompt notice of known the damage is
made to the State-Wide One-Call Notice System and the utility
owner as required in Section 7.
(e) All entities persons subject to the requirements of
this Act shall plan and conduct their work consistent with
reasonable business practices.
(1) Conditions may exist making it unreasonable to
request that locations be marked by the dig start date and
time within 48 hours or by the requested date and time
indicated on the notice, whichever is later. In such
situations, the excavator and the underground utility
facility owner or operator shall interact in good faith to
establish a mutually agreeable date and time for the
completion of the locate request.
(2) It is unreasonable to request owners and operators
of underground utility facilities to locate all of their
facilities in an affected area upon short notice in
advance of a large or extensive nonemergency project. , or
(3) It is unreasonableto request extensive locates in
excess of a reasonable excavation or demolition work
schedule. , or
(4) It is unreasonable to request locates under
conditions where a repeat request is likely to be made

HB2263 - 44 - LRB103 05762 AMQ 50782 b
because of the passage of time or adverse job conditions.
(5) During periods where the locate request volume
exceeds the reasonable control measurements for an
underground utility facility owner or operator within a
political subdivision, the advance notice on the locate
request provided to the underground utility facility owner
or operator may result in additional advance notification
being required. If additional advance notification is
required, the underground utility facility owner or
operator shall be provided up to an additional 2 days
advance notification.
(f) Owners and operators of underground utility facilities
must reasonably anticipate seasonal fluctuations in the number
of locate requests and staff accordingly.
(1) Seasonal fluctuations that result in the locate
request volume exceeding reasonable control measurements
within a political subdivision shall not be considered
reasonable for the purposes of this Section.
(2) The official reasonable control measurements for
the locate request volume shall be provided by the
One-Call Notice System and shall be based on comparative
historical measurements for a given political subdivision.
(g) If an a person owning or operating underground utility
facility owner or operator facilities receives a notice under
this Section but does not own or operate any underground
utility facilities within the proposed excavation or

HB2263 - 45 - LRB103 05762 AMQ 50782 b
demolition area described in the notice, that underground
utility facility owner or operator person, within 48 hours or
by the requested date and time indicated on the notice,
whichever is later, by the dig start date and time on the
notice, after receipt of the notice, shall so notify the
excavator who initiated the notice in accordance with Section
5.1, and may be provided by phone or phone message or by
marking the excavation or demolition area person engaged in
excavation or demolition who initiated the notice, unless the
person who initiated the notice expressly waives the right to
be notified that no facilities are located within the
excavation or demolition area.
(h) The notification by the owner or operator of
underground utility facilities to the excavator person engaged
in excavation or demolition may shall be provided utilizing
the positive response system, in accordance with Section 5.1,
and may in addition be provided in any reasonable manner
including, but not limited to, notification in any one of the
following ways:
(1) by face-to-face communication;
(2) by phone or phone message;
(3) by facsimile or email;
(4) by posting in the excavation or demolition area;
or
(5) by marking the excavation or demolition area.
(i) The owner or operator of those facilities has

HB2263 - 46 - LRB103 05762 AMQ 50782 b
discharged the owner's or operator's obligation to provide
notice under this Section if the owner or operator attempts to
provide notice by one of the following ways:
(1) utilizing the positive response system, in
accordance with Section 5.1, if the excavator is
unable to access the positive response system;
(2) telephone or by facsimile, if the person has
supplied a facsimile number, but is unable to do so
because the excavator person engaged in the excavation
or demolition does not answer the excavator's his or
her telephone or does not have the ability to receive
telephone messages;
(3) facsimile, if the excavator has supplied a
facsimile number and does not have a facsimile machine
in operation to receive the facsimile transmission; or
(4) email, if the excavator has supplied an email
address and the message is electronically
undeliverable an answering machine or answering
service to receive the telephone call or does not have
a facsimile machine in operation to receive the
facsimile transmission.
If the underground utility facility owner or operator
attempts to provide additional notice by telephone or by
facsimile but receives a busy signal, that attempt shall not
serve to discharge the underground utility facility owner or
operator of the obligation to provide notice under this

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Section.
A person engaged in excavation or demolition may expressly
waive the right to notification from the owner or operator of
underground utility facilities that the owner or operator has
no facilities located in the proposed excavation or demolition
area. Waiver of notice is only permissible in the case of
regular or nonemergency locate requests. The waiver must be
made at the time of the notice to the State-Wide One-Call
Notice System. A waiver made under this Section is not
admissible as evidence in any criminal or civil action that
may arise out of, or is in any way related to, the excavation
or demolition that is the subject of the waiver.
(j) For the purposes of this Act, the following color
coding shall be used to mark the approximate location of
underground utility facilities by the underground utility
underground facility operators who may utilize a combination
of flags, stakes, or and paint as when possible on non-paved
surfaces and when dig site and seasonal conditions warrant. If
the approximate location of an underground utility facility is
marked with stakes or other physical means, the following
color coding shall be employed:
Underground Utility Facility Identification Color
Facility Owner or Agent Use Only

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Electric Power, Distribution and
Transmission........................ Safety Red
Municipal Electric Systems.............. Safety Red
Gas Distribution and Transmission....... High Visibility Safety Yellow
Oil Distribution and Transmission....... High Visibility Safety Yellow
Communication Systems................... Safety Alert Orange
Telephone and Telegraph Systems......... Safety Alert Orange
Community Antenna Television Systems.... Safety Alert Orange
Water Systems........................... Safety Precaution Blue
Sewer Systems........................... Safety Green
Non-potable Water and Slurry Lines...... Safety Purple
Excavator Use Only
Temporary Survey........................ Safety Pink
Proposed Excavation.....................
Safety White (Black when snow is on the ground)
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
Sec. 11. Penalties; liability; fund.
(a) Every excavator person who, while engaging in

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

HB2263 - 50 - LRB103 05762 AMQ 50782 b
State-Wide One-Call Notice System as required by Section 4 or
6 of this Act, but otherwise, while acting reasonably, damages
any underground utility facilities, shall not be subject to a
penalty, but shall be liable for the damage caused to the
owners or operators of the underground utility facility
provided the underground utility facility is properly marked
as provided in Section 10 of this Act.
(d) Every excavator person who provides notice to the
owners or operators of the underground utility facilities
through the State-Wide One-Call Notice System as a no show,
incomplete, an emergency locate request and the locate request
is not a no show, incomplete, or an emergency locate request as
defined in Sections 2.1.3, 2.1.4, or Section 2.6 of this Act
shall be subject to a penalty of up to $2,500 for each separate
offense.
(e) Owners and operators of underground utility facilities
who willfully fail to comply with this Act by a failure to
respond or mark the approximate location of an underground
utility facilities as required by subsection (h) of Section 4,
subsection (c) (a) of Section 6, or subsection (a) of Section
10 of this Act after being notified of planned or emergency
excavation or demolition through the State-Wide One-Call
Notice System, shall be subject to a penalty of up to $2,500
$5,000 for each separate offense.
(1) Owners or operators of underground utility
facilities who fail to respond through the positive

HB2263 - 51 - LRB103 05762 AMQ 50782 b
response system to a locate request as required in
subsection (b) of Section 5.1 shall be subject to a
penalty of up to $100 for each separate reported offense.
(2) Owners or operators of underground utility
facilities shall not be subject to a penalty where a delay
to respond through the positive response system is caused
by conditions beyond the reasonable control of such owners
or operators of underground utility facilities.
(3) The One-Call Notice System shall provide to the
Illinois Commerce Commission on a quarterly basis a
tabulation of underground utility facility owners or
operators that failed to provide a response to the
positive response system by the dig start date and time on
the notice.
(f) As provided in Section 3 of this Act, all owners or
operators of underground utility facilities who fail to join
the State-Wide One-Call Notice System by January 1, 2003 shall
be subject to a penalty of $100 per day for each separate
offense. Every day an owner or operator fails to join the
State-Wide One-Call Notice System is a separate offense. This
subsection (f) does not apply to utilities operating
facilities exclusively within the boundaries of a municipality
with a population of at least 1,000,000 persons.
(g) No owner or operator of underground utility facilities
shall be subject to a penalty where a delay in marking or a
failure to mark or properly mark the location of an

HB2263 - 52 - LRB103 05762 AMQ 50782 b
underground utility facility is caused by conditions beyond
the reasonable control of such owner or operator.
(1) For the purposes of this Section, "reasonable
control" includes the underground utility facility owner's
or operator's ability to staff to an unknown or
potentially unknown locate request volume. Each
underground utility facility owner or operator shall staff
in a manner that such underground utility facility owner
or operator can respond in accordance with Section 4 and
Section 6 to locate request volume increases as determined
by the One-Call Notice System. The official reasonable
control measurements shall be determined as set forth in
paragraph (2) of subsection (e).
(2) If the One-Call Notice System and the underground
utility facility owners and operators are provided a
minimum of 90-day notice of a large project for a proposed
excavation or demolition project, the reasonable control
measurement shall factor the advance notice into the
official reasonable control measurements.
(h) Any entity that person who is neither an agent,
employee, or authorized locating contractor of the owner or
operator of the underground utility facility nor an excavator
involved in the excavation or demolition activity who removes,
alters, or otherwise damages markings, flags, or stakes used
to mark the location of an underground utility other than
during the course of the excavation for which the markings

HB2263 - 53 - LRB103 05762 AMQ 50782 b
were made or before completion of the project shall be subject
to a penalty up to $1,000 for each separate offense.
(i) (Blank).
(j) The Illinois Commerce Commission shall have the power
and jurisdiction to, and shall, enforce the provisions of this
Act. The Illinois Commerce Commission may impose
administrative penalties as provided in this Section. The
Illinois Commerce Commission may promulgate rules and develop
enforcement policies, 83 Ill. Adm. Code 265, in the manner
provided by the Public Utilities Act in order to implement
compliance with this Act. When a penalty is warranted, the
following criteria shall be used in determining the magnitude
of the penalty:
(1) gravity of noncompliance;
(2) culpability of offender;
(3) history of noncompliance for the 18 months prior
to the date of the incident; however, when determining
noncompliance non-compliance the alleged violator's roles
as operator or owner and the entity person engaged in
excavating shall be treated separately;
(4) (blank) ability to pay penalty;
(5) show of good faith of offender;
(6) (blank) ability to continue business; and
(7) other special circumstances.
(k) There is hereby created in the State treasury a
special fund to be known as the Illinois Underground Utility

HB2263 - 54 - LRB103 05762 AMQ 50782 b
Facilities Damage Prevention Fund. All penalties recovered
Illinois Commerce Commission in any action under this Section
shall be paid into the Fund and shall be distributed annually
as a grant to the State-Wide One-Call Notice System operated
by JULIE to be used in safety and informational programs to
reduce the number of incidents of damage to underground
utility facilities in Illinois. The distribution shall be made
during January of each calendar year based on the balance in
the Illinois Underground Utility Facilities Damage Prevention
Fund as of December 31 of the previous calendar year. In all
such actions under this Section, the procedure and rules of
evidence shall conform with the Code of Civil Procedure, and
with rules of courts governing civil trials.
(l) The Illinois Commerce Commission shall establish an
Advisory Committee consisting of a representative from each of
the following: utility operator, JULIE, excavator,
municipality, and the general public and a nonmunicipal public
body. The Advisory Committee shall serve as a peer review
panel for any contested penalties resulting from the
enforcement of this Act.
The members of the Advisory Committee shall be immune,
individually and jointly, from civil liability for any act or
omission done or made in performance of their duties while
serving as members of such Advisory Committee, unless the act
or omission was the result of willful and wanton misconduct.
(m) If, after the Advisory Committee has considered a

HB2263 - 55 - LRB103 05762 AMQ 50782 b
particular contested penalty and performed its review
functions under this Act and the Illinois Commerce
Commission's rules, there remains a dispute as to whether the
Illinois Commerce Commission should impose a penalty under
this Act, the matter shall proceed in the manner set forth in
Article X of the Public Utilities Act, including the
provisions governing judicial review.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/11.3)
Sec. 11.3. Emergency telephone system outages;
reimbursement. Any excavator person who negligently damages an
underground utility facility or CATS facility causing an
emergency telephone system outage must reimburse the public
safety agency that provides personnel to answer calls or to
maintain or operate an emergency telephone system during the
outage for the agency's costs associated with answering calls
or maintaining or operating the system during the outage. For
the purposes of this Section, "public safety agency" means the
same as in Section 2.02 of the Emergency Telephone System Act.
(Source: P.A. 92-149, eff. 1-1-02.)
(220 ILCS 50/11.5)
Sec. 11.5. Limitation on liability.
(a) In joining the State-Wide One-Call Notice System, a
municipality's liability, under any membership agreement rules

HB2263 - 56 - LRB103 05762 AMQ 50782 b
and regulations, for the indemnification of (i) the entity
that is in charge of or managing the System or any officer,
agent, or employee of that entity or (ii) a member of the
System or any officer, agent, or employee of a member of the
System shall be limited to claims arising as a result of the
acts or omissions of the municipality or its officers, agents,
or employees or arising out of the operations of the
municipality's underground utility facilities.
(b) Subsection (a) shall not be construed to create any
additional liability for a municipality in relation to any
member of the System with which the municipality may have
entered into a franchise agreement. If a municipality's
liability for indemnification under a franchise agreement is
narrower than under this Section, the franchise agreement
controls.
(Source: P.A. 90-481, eff. 8-17-97.)
(220 ILCS 50/12) (from Ch. 111 2/3, par. 1612)
Sec. 12. Noncompliance and enforcement action time frames.
No action may be brought by the Illinois Commerce Commission
under Section 11 of this Act unless reported by the excavator
or the underground utility facility owner or operator
commenced within 2 years after the date of violation of this
Act. The Illinois Commerce Commission shall provide notice of
investigation to the parties involved in the reported alleged
violation within 10 days of the receipt of the alleged

HB2263 - 57 - LRB103 05762 AMQ 50782 b
violation. In accordance with subsection (d) of 83 Ill. Adm.
Code 265.100, reports shall be submitted within 45 days after
the discovery of the violation. In any case, the report shall
not be accepted more than 2 years from the suspected date of
the violation. Reports filed after the 45 day requirement
shall be considered invalid and no action will be taken by the
Illinois Commerce Commission.
(Source: P.A. 86-674.)
(220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
Sec. 13. Mandamus or injunction. Where public safety or
the preservation of uninterrupted, necessary underground
utility facilities service or community antenna television
system service is endangered by any excavator person engaging
in excavation or demolition in a negligent or unsafe manner
which has resulted in or is likely to result in damage to
underground utility facilities or CATS facilities or proposing
to use procedures for excavation or demolition which are
likely to result in damage to underground utility facilities
or CATS facilities, or where the owner or operator of
underground utility facilities or CATS facilities endangers an
excavator by willfully failing to respond to a locate request,
the owner or operator of such underground utility facilities
or the excavator or the State's Attorney or the Illinois
Commerce Commission at the request of the owner or operator of
such underground utility facilities or the excavator may

HB2263 - 58 - LRB103 05762 AMQ 50782 b
commence an action in the circuit court for the county in which
the excavation or demolition is occurring or is to occur, or in
which the person complained of has his principal place of
business or resides, for the purpose of having such negligent
or unsafe excavation or demolition stopped and prevented or to
compel the marking of underground utilities facilities or CATS
facilities, either by mandamus or injunction.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
Sec. 14. Home rule. The regulation of underground utility
facilities and CATS facilities damage prevention, as provided
for in this Act, is an exclusive power and function of the
State. A home rule unit may not regulate underground utility
facilities and CATS facilities damage prevention, as provided
for in this Act. All units of local government, including home
rule units that are not municipalities of more than 1,000,000
persons, must comply with the provisions of this Act. To this
extent, this Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution. A home rule
municipality of more than 1,000,000 persons that operates its
own One-Call Notice System may regulate underground utility
facilities and CATS facilities damage prevention.
(Source: P.A. 99-121, eff. 7-23-15.)

HB2263 - 59 - LRB103 05762 AMQ 50782 b
(220 ILCS 50/2.1 rep.)
(220 ILCS 50/5 rep.)
Section 10. The Illinois Underground Utility Facilities
Damage Prevention Act is amended by repealing Sections 2.1 and
5.
HB2263 - 60 - LRB103 05762 AMQ 50782 b
INDEX
Statutes amended in order of appearance
220 ILCS 50/1 from Ch. 111 2/3, par. 1601
220 ILCS 50/2 from Ch. 111 2/3, par. 1602
220 ILCS 50/2.1.1 new
220 ILCS 50/2.1.2 new
220 ILCS 50/2.1.3
220 ILCS 50/2.1.4
220 ILCS 50/2.1.5
220 ILCS 50/2.1.7 new
220 ILCS 50/2.1.8 new
220 ILCS 50/2.1.9
220 ILCS 50/2.1.11 new
220 ILCS 50/2.1.12 new
220 ILCS 50/2.2 from Ch. 111 2/3, par. 1602.2
220 ILCS 50/2.3 from Ch. 111 2/3, par. 1602.3
220 ILCS 50/2.4 from Ch. 111 2/3, par. 1602.4
220 ILCS 50/2.5 from Ch. 111 2/3, par. 1602.5
220 ILCS 50/2.6
220 ILCS 50/2.7
220 ILCS 50/2.8
220 ILCS 50/2.9
220 ILCS 50/2.10
220 ILCS 50/2.11
220 ILCS 50/2.12 new
HB2263 - 61 - LRB103 05762 AMQ 50782 b
220 ILCS 50/2.13 new
220 ILCS 50/2.14 new
220 ILCS 50/2.15 new
220 ILCS 50/2.16 new
220 ILCS 50/2.17 new
220 ILCS 50/2.18 new
220 ILCS 50/2.19 new
220 ILCS 50/3 from Ch. 111 2/3, par. 1603
220 ILCS 50/4 from Ch. 111 2/3, par. 1604
220 ILCS 50/4.1 new
220 ILCS 50/5.1 new
220 ILCS 50/5.2 new
220 ILCS 50/5.3 new
220 ILCS 50/5.4 new
220 ILCS 50/6 from Ch. 111 2/3, par. 1606
220 ILCS 50/7 from Ch. 111 2/3, par. 1607
220 ILCS 50/7.5 new
220 ILCS 50/8 from Ch. 111 2/3, par. 1608
220 ILCS 50/9 from Ch. 111 2/3, par. 1609
220 ILCS 50/10 from Ch. 111 2/3, par. 1610
220 ILCS 50/11 from Ch. 111 2/3, par. 1611
220 ILCS 50/11.3
220 ILCS 50/11.5
220 ILCS 50/12 from Ch. 111 2/3, par. 1612
220 ILCS 50/13 from Ch. 111 2/3, par. 1613
220 ILCS 50/14 from Ch. 111 2/3, par. 1614
HB2263 - 62 - LRB103 05762 AMQ 50782 b