Public Act 103-0614

HB5546 Enrolled LRB103 38732 CES 68869 b

AN ACT concerning regulation.

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, 3,

4, 6, 7, 8, 9, 10, 11, 11.3, 11.5, 12, 13, and 14 and by adding

Sections 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

this Section Sections 2.1 through 2.11 have the meanings

ascribed to them in this Section in those Sections.

"Approximate location" means the location of the marked

facility that lies entirely within the tolerance zone.

Circumstances that are "beyond the reasonable control" of

a party include, but are not limited to, severe weather,

unforeseen mechanical issues, or site conditions. As used in

Section 11, "beyond the reasonable control" also includes, but

is not limited to, notice volumes or dig site notification

areas that exceed historical averages, as determined by the

reasonable control measurement, created as a result of

underground utility facility owners or operators or their

contractors or subcontractors' non-emergency requests for

utility excavation work for underground utility facility

owners or operators, that is not part of a large project that

has provided at least 60 days notice, and only applies to the

requests submitted by underground utility facility owners or

operators or their contractors or subcontractors'

non-emergency utility excavation work for underground utility

facility owners or operators.

"Damage" means the contact or dislocation of a facility

during excavation or demolition that necessitates immediate or

subsequent repair by the underground utility facility owner or

operator due to any partial or complete destruction of the

facility, including, but not limited to, the protective

coating, tracer wire, lateral support, cathodic protection, or

housing for the line or device of the facility.

"Damage notification" means a notification through JULIE

to the underground utility facility owner or operator that

damage to a facility has occurred in the area of the excavation

or demolition.

"Day" means any day, beginning at 12:00 a.m. and ending at

11:59 p.m. "Day" does not include holidays recognized by

JULIE, Saturdays, Sundays, and the day of the actual notice.

"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.

"Emergency request" means a request involving a condition

(1) that constitutes an imminent danger to life, health, or

property or a utility service outage (2) and that requires

repair or action before the expiration of 2 days.

"Excavation" means:

(1) 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:

(A) farm tillage operations;

(B) railroad right-of-way maintenance;

(C) 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;

(D) land surveying operations as defined in the

Illinois Professional Land Surveyor Act of 1989 when

not using power equipment;

(E) roadway surface milling;

(F) manually inserting, without the use of power

equipment, a temporary round-tipped ground or probe

rod as part of facility locating;

(G) manually inserting, without the use of power

equipment, a temporary round-tipped probe rod for bar

holing to determine the area of a potential leak from a

facility transporting hazardous gases or liquids; or

(H) 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.

(2) An exclusion to this Section in no way prohibits a

request from being made for the marking of facilities.

(3) 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 a facility.

"Excavator" means any person or legal entity, public or

private, that engages in excavation or demolition work.

"Exposed notification" means a notification through JULIE

to the underground utility facility owner or operator that an

unmarked facility has been exposed in the area of the

excavation or demolition but has not been damaged.

"Extension" means a request made by an excavator, to

extend the expiration date of a normal notice to allow

additional time to continue or complete the excavation or

demolition project.

(1) An extension request may be made no earlier than

the 20th day from the initial normal notice request or

latest extension request.

(2) An extension request shall extend the expiration

of the initial normal notice request or latest extension

request by 25 days.

(3) An extension request may not be made simply to

keep a prior notice open without continued excavation

occurring within the period of that subsequent notice.

"Geographic information system data" means data to be

applied to JULIE software to facilitate a more clearly defined

notification area for notices sent to the system underground

utility facility owners or operators. "Geographic information

system data" includes, but is not limited to:

(1) address points with site addresses;

(2) parcels with site addresses;

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

(4) city limits with names;

(5) political townships with names;

(6) railroads with names;

(7) streams with names; and

(8) water bodies with names.

"Historical averages" are used to determine benchmark

notice volumes or dig site notification areas for a particular

place. The notice volume is calculated for new and updated

requests requiring an underground utility facility owner or

operator response. It shall not include notices with a header

of noshow, incomplete, or noremark. The dig site notification

area is calculated using the dig site polygon on the notice.

The 7 day look back shall be calculated once daily at the

conclusion of the previous calendar day. "Historic averages"

shall be determined by comparing notice volumes or dig site

notification areas over the immediate past 7 calendar days to

the same 7 calendar day period for the past 5 years. A 5-year

trimmed mean, removing the highest and lowest years, and

averaging the remaining 3 years, shall be the final

determinate of this measurement. The official measurement of

the notice volumes or dig site notification areas shall be

provided by JULIE.

"Incomplete request" means a notice initiated by an

excavator through JULIE to the underground utility facility

owners or operators notified in a prior request that such

underground utility facility owners or operators, as

identified by the excavator and confirmed, through the

positive response system once implemented, in accordance with

subsection (a) of Section 5.1, did not completely mark the

entire extent or the entire segment of the proposed

excavation, as identified on the prior notice or as previously

documented and mutually agreed upon.

"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, or through electronic means, if

available and agreed to by all parties. "Joint meet

notification" are not to be used in lieu of valid normal notice

requests and are required for, but not limited to, large

projects.

"JULIE, Inc." or "JULIE" means the communication system

known as "JULIE, Inc." or "JULIE", utilized by excavators,

designers, or any other entities covered by this Act to notify

underground utility facility owners or operators of their

intent to perform excavation or demolition or similar work as

defined by this Act and shall include all underground utility

facilities owned or operated outside the city limits of the

City of Chicago.

"Large project" means a single excavation that exceeds the

expiration date of a normal notice request, or involves a

series of repetitive, related-scope excavations.

"Normal notice request" means a notification made by an

excavator, through JULIE, in advance of a planned excavation

or demolition.

(1) The notification shall be made at least 2 days,

but no more than 10 days, before beginning the planned

excavation or demolition.

(2) Excavation or demolition on a normal notice

request is valid for 25 days from the date of the initial

request unless a subsequent extension request is made.

(3) Normal notice requests shall be limited to one

quarter of a contiguous mile within a municipality and one

contiguous mile within any unincorporated area, which

includes townships.

(4) Normal notice requests are valid for a single

right-of-way with an exception for intersecting

rights-of-way of 250 feet in all directions. Any

excavation continuing beyond 250 feet on a connecting

right-of-way shall require an additional request.

"No show request" means a notice initiated by an excavator

through JULIE to the underground utility facility owners or

operators notified in the prior notice that such underground

utility facility owners or operators, as identified by the

excavator and confirmed, once implemented, 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 dig start date and time on the notice.

"Notice" means any record transmitted to an underground

utility facility owner or operator of JULIE which shall

include, but not be limited to, cancel, damage, emergency,

exposed, extension, incomplete, joint meet, no show, normal,

planning design, or re-mark.

"Open cut utility locate" means a method of locating

facilities that requires excavation by the underground utility

facility owner or operator, or their contractor or

subcontractor.

"Place" means any incorporated city, village or town, or

unincorporated township or road district, listed within the

JULIE database.

"Planning design request" means the process prior to the

excavation phase of a project where information is gathered

and decisions are made regarding the route or location of a

proposed excavation. The use of the information that is

obtainable pursuant to this Section is intended to minimize

delays of future construction projects and not for imminent

excavation. The underground utility facility owner or operator

may indicate any portion of the information that is

proprietary and require the planner or designer to protect the

proprietary information.

"Positive response system" means an automated system

facilitated by JULIE allowing underground utility facility

owners or operators to communicate to an excavator the

presence, absence, or response status of any conflict between

the existing facilities in or near the area of excavation or

demolition on each notice received.

"Pre-mark" means the use of white paint, chalk, lathe,

whiskers, flags, or electronic white lining using lines or

polygons to delineate the work area at the site of the proposed

excavation or demolition. Unless otherwise stated on the

request, all pre-marks are considered a request for a 5-foot

radius of an above ground fixed structure or single point

pre-mark, or a 10-foot-wide path for linear work.

(1) Physical pre-marking for the area of the planned

excavation or demolition shall be accomplished prior to

notifying JULIE if the area of excavation cannot be

clearly and adequately identified in the normal notice

request.

(2) Electronic white lining may be used when

available. Electronic white lining provides an alternative

method where an excavator may indicate their defined dig

area visually by electronic data entry, including lines or

polygons, without the need for a physical site visit. The

technology allows the excavator to identify for the

underground utility facility owner or operator a clear

delineation of their proposed excavation area.

(3) A verbal or written pre-mark is adequate when the

scope requested to be marked is narrow and explicit enough

to prevent marking beyond the actual area of excavation or

demolition. An existing above ground fixed structure may

be referenced as a verbal or written pre-mark.

"Project owner" means the person or legal entity, public

or private, that is financially responsible for the

undertaking of a project that involves excavation or

demolition.

"Reasonable control measurement" shall use the historical

averages and add to the calculation either of the following

conditions that shall be met for the place to be considered

beyond the reasonable control of the underground utility

facility owner or operator:

(1) the total notice volume count over the previous 7

calendar days shall increase by more than 15% of the

historic average, and increase by not less than 25

additional notices over the previous 7 calendar days; or

(2) the total dig site notification area over the

previous 7 calendar days shall increase by more than 15%

of the historic average, and not less than 0.4 additional

square miles over the previous 7 calendar days.

The official measurement shall be provided by JULIE.

"Residential property owner" means any individual or

entity that owns or leases real property that is used by the

individual or entity as its residence or dwelling. Residential

property owner does not include any persons who own or lease

residential property for the purpose of holding or developing

such property or for any other business or commercial

purposes.

"Roadway surface milling" means the removal of a uniform

pavement section by rotomilling, grinding, saw cutting, or

other means that does not penetrate into the roadway base or

subbase.

"Service lateral" means underground facilities located in

a public right-of-way or utility easement that connects an end

user's building or property to an underground utility facility

owner's or operator's facility.

"Submerged" means any facility installed below the surface

of a lake, river, or navigable waterway.

"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) if submerged, a distance of 30 feet on either side

of the indicated facility.

The underground utility facility markings provided

shall not indicate that the width of the marked

underground utility facility is any greater than the

actual width of the underground utility facility or 2

inches, whichever is greater. 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 a one and one-half foot

tolerance zone horizontally around such facilities.

"Underground utility facility" or "facility" 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 or submerged 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

defined in the Cable and Video Competition Law of 2007;

(7) any other entity owning or operating underground

facilities that transport or generate electrical power to

other utility owners or operators;

(8) an electric cooperative as defined in the Public

Utilities Act; and

(9) any other active member of JULIE.

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

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

Sec. 3. JULIE Membership. The owners or operators of

underground utility facilities are required to be members of

JULIE. JULIE shall require that all facility information

needed to operate JULIE within each underground utility

facility owner's or operator's domain be identified and

provided by the underground utility facility owner or operator

to JULIE 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 the excavator

himself of the location of any underground utility

facilities in and near the area for which such operation

is to be conducted;

(b) plan the excavation or demolition to avoid or

minimize interference with underground utility facilities

within the tolerance zone by utilizing such precautions

that include, but are not limited to, hand or 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 facility;

(c) pre-mark the area of excavation 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 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 JULIE 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.

At a minimum, the notice required under this

subsection (d) shall provide:

(1) the excavator's person's name, address, phone

number at which the excavator a person can be reached,

and fax number, if available, a fax number and email

address;

(2) the start date and time of the planned

excavation or demolition;

(3) the county and place or places all counties,

cities, or townships, or any combination thereof,

where the proposed excavation shall take place;

(4) the address or location at which the

excavation or demolition shall take place;

(5) the type of work, and extent, and description

of the area where the excavation or demolition is to

occur of the work involved; and

(6) the section or quarter sections when the

information in items (1) through (5) of this

subsection (d) does not allow JULIE 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;

(10) the identity of the project owner; and

(11) the latitude and longitude of the relevant

area, if available.

The information specified in items (1) through (10) is

still required when providing 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

facilities and known service laterals unless otherwise

agreed to by the owner or operator of the underground

facility or owners of any 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 28 calendar days from

the 25-day expiration date of the original notice provided

under clause (d) or a subsequent extension notice, if

marks are requested, the excavator shall pre-mark prior to

requesting any subsequent extension notice , the excavator

shall provide a subsequent notice to the owners or

operators of the underground utility facilities in and

near the excavation or demolition area through the

State-Wide One-Call Notice System or, in the case of

excavation or demolition within the boundaries of a

municipality having a population of at least 1,000,000

inhabitants that operates its own one-call notice system,

through the one-call notice system that operates in that

municipality informing utility owners and operators that

additional time to complete the excavation or demolition

project will be required. The notice will provide the

excavator with an additional 28 calendar days from the

date of the subsequent notification to continue or

complete the excavation or demolition project;

(h) exercise due care at all times to protect

underground utility facilities and known service laterals.

If, after proper notification through JULIE 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

facility utility in the area of the proposed excavation,

the excavator shall provide subsequent notice through

JULIE of the unmarked or incompletely marked area and

shall not begin excavating until all affected facilities

have been marked or 2 hours, whichever is shorter, unless

a greater time is provided by the excavator through JULIE

after an additional call is made to the State-Wide

One-Call Notice System for the area. The underground

utility facility owner or operator of the facility utility

shall respond within 2 hours unless a greater time is

provided by the excavator through JULIE 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 facility utility markings

to become faded or indistinguishable, the excavator shall

pre-mark again and provide a re-mark request an additional

notice through JULIE 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 by the dig start date and time on

the notice; and according to the requirements of Section

10 of this Act.

(j) for informational and planning purposes only,

prior notice of large projects may be provided to

underground utility facility owners or operators through

JULIE greater than 10 days in advance of the large project

commencing.

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 JULIE, an underground utility

facility owner or operator determines that the facility is

within the proposed excavation area and the underground

utility facility owner or operator desires to have an

authorized representative present during excavation near the

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 facility.

(b) All excavators shall comply with the underground

utility facility owner's or operator's request to be present

during excavation near a owner or operator's facilities. In

lieu of having an authorized representative present, the

underground utility facility owner or operator may choose to

perform an open cut utility locate of the facility to expose

its location. The underground utility facility owner or

operator shall comply with the excavator's schedule for when

excavation will occur near the facility.

(c) After excavation has started, if excavation near the

underground utility facilities stops by more than one day and

then recommences, the excavator shall establish direct contact

with the underground utility facility owner or operator not

less than one day prior to the excavation, each time the

excavation is to occur, to advise the underground utility

facility owner or operator of the excavation taking place.

(d) Nothing in this Section shall prohibit an excavator

from excavating prudently and carefully near the 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 an open cut utility locate exposing the 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, 2026, 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, or marked or provided an all-clear

notification.

(b) Beginning January 1, 2026, an underground utility

facility owner or operator shall respond through the positive

response system by the dig start date and time on the notice

with an appropriate and accurate system code. A minimal delay

not to exceed one hour or when the marking of the facilities is

complete, whichever is longer, in reporting a system code in

response to an emergency request shall not be a violation of

this Section.

(c) If an underground utility facility owner or operator

fails to respond or provide a status update through the

positive response system by the dig start date and time on the

notice, or a later time as otherwise agreed upon and submitted

through the positive response system, JULIE 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 providing a

no show or incomplete request through JULIE. The notified

underground utility facility owners or operators shall respond

by the dig start date and time on the notice.

(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 request.

(a) An underground utility facility owner or operator

shall have the following responsibilities:

(1) respond to a valid planning design request within

10 days after receiving the request or by such other date

as shall be mutually agreed upon between the underground

utility facility owner or operator and the designer or

planner. The underground utility facility owner or

operator shall provide information regarding the location,

size, if greater than 1.5 inches in diameter, which shall

be generically listed as communication, electric, gas,

water, sewer, streetlight, or traffic control and if

direct buried or in conduit or a duct package, of

facilities based on the best information available to the

underground utility facility owner or operator within the

scope of the proposed project;

(2) respond to a planning design request in one of the

following methods:

(A) provide the most current digital, KMZ file or

shapefile, or paper drawings or prints, that are drawn

to scale, when available, and include visible utility

structures, including measurements from back of curb,

sidewalk, edge of pavement, centerline of 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

facilities, drawn to scale, and, if available, provide

the type and size, as described in paragraph (1), of

the facilities, including visible structures on the

plans;

(C) locate and mark the underground utility

facility owner's or operator's 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 paragraph

(A) or (B), then the underground utility facility

owner or operator shall mark the facilities within the

scope of the proposed project, as agreed to with the

planner or designer; or

(E) if marking of infrastructure is the preferred

or required response of the underground utility

facility owner or operator, the underground utility

facility owner or operator need only mark main line

facilities or any service lines that would otherwise

be considered main line due to size or type, as

described in paragraph (1); and

(3) may charge a nominal fee to locate and mark the

proposed project, as described in subparagraph (C) or (D)

of paragraph (2).

(b) The planner or designer shall have the following

responsibilities:

(1) follow the guidelines set forth in CI/ASCE 38-02

Standard Guidelines for the Collection and Depiction of

Existing Subsurface Utility Data, as from time to time

amended, when preparing plans or drawings;

(2) illustrate on all appropriate documents the

position, size, and type, as described in paragraph (1) of

subsection (a), of all known facilities obtained in the

planning design request process and include the valid

planning design request number provided by JULIE 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 facilities in the proposed project area.

(c) A planning design request 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 facility information

is required; and

(4) the specific area requiring facility information

by one or more of the following means:

(A) the county and place or places involved in the

proposed project;

(B) street names involved in the proposed project

or 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; and

(E) the type of work projected to take place

within the proposed project.

Any known site-specific facility information shall be made

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 place or places where the work will

be performed;

(3) street names involved in the project or 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, which shall be near the project site; and

(5) a minimum advance notice of the joint meet of 2

days, but no more than 60 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, either in-person or remotely, 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 an underground

utility facility owner or operator requesting an alternate

meeting time or date.

(c) When a joint meet notification occurs 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 places. The excavator

shall schedule, at a minimum, one joint meet per place to

accommodate travel restrictions of responding underground

utility facility owners or operators. A single electronic

meeting covering multiple places is also acceptable.

(e) Prior to the meeting, the excavator shall physically

or electronically pre-mark the extent of the initial request

for the proposed excavation area or route if normal notice

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) The individuals participating in the joint meet shall

agree to their individual obligations consistent with the

project. The underground utility facility owner or operator,

along with the excavator involved, shall work in a cooperative

manner to negotiate in good faith. These obligations may vary

from project to project. The individuals participating at the

joint meet shall have the flexibility to make decisions

consistent with the project's parameters. The individuals

participating in the joint meet are not required to set

specific standards for all projects.

(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 the number of excavation crews

working for the contractor or subcontractors, to the extent

that the information can be determined.

(h) The size and number of normal notice requests agreed

to be submitted at one time at the joint meet shall be

documented by the excavator in the meeting notes and made

available to those participating in the joint meet. Any

mutually agreed upon initial or amended meeting notes shall,

at a minimum, include: (1) the date and time of the

interaction; (2) all names of the individuals involved, and

(3) an acknowledgment by the individuals that agreed to the

meeting notes. Meeting notes shall be retained by the

excavator through JULIE, Inc., for at least 5 years after the

date of the joint meet.

(i) If an underground utility facility owner or operator

fails to attend the joint meet and does not request an

alternate time or date to meet prior to commencement of

excavation, the excavator may proceed according to the

agreement reached with those attending the meeting.

(j) Within 60 days after the joint meet, the excavator

shall submit the normal notice requests consistent with the

agreements reached at the joint meet.

(k) The initial normal notice 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 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 requests until

after the joint meet.

(l) If the project start is delayed more than 60 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) If an excavator creates multiple normal notice

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 facilities on their

project. In accordance with subsection (e) of Section 10, a

delay in marking is not necessarily deemed a violation of this

Act.

(220 ILCS 50/5.4 new)

Sec. 5.4. Geographic information system data. Geographic

information system data shall be provided to JULIE by any

county or State agency that has provided substantially similar

data to any other not-for-profit or State 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 JULIE 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 underground utility facility owners

or operators of such underground utility facilities in and

near the emergency excavation or demolition area, through

JULIE the State-Wide One-Call Notice System. At a minimum, the

notice required under this subsection (a) shall provide:

(1) the excavator's person's name, address, and (i)

phone number at which the excavator with knowledge of the

emergency excavation or demolition a person can be reached

and (ii) fax number, if available, a fax number and email

address;

(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, extent, and description of the

area where the emergency excavation or demolition is to

occur; and

(5) the county and place or places where the emergency

excavation or demolition will take place and extent of the

work involved.

(b) 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 JULIE

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.

(c) Upon notice by the excavator person engaged in

emergency excavation or demolition, the underground utility

facility owner or operator owner or operator of an underground

utility facility in or near the excavation or demolition area

shall communicate with the excavator person engaged in

emergency excavation or demolition within 2 hours or by the

date and time requested on the notice, whichever is longer by:

(1) marking the approximate location of underground

facilities;

(2) advising the excavator person excavating that

their underground facilities are not in conflict with the

emergency excavation or demolition; 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.

(d) The notice by the underground utility facility owner

or operator to the excavator shall be provided utilizing the

positive response system, in accordance with Section 5.1, and

prior to January 1, 2026 may also person engaged in emergency

excavation or demolition may 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 by telephone but is

unable to do so because the excavator person engaged in the

emergency excavation or demolition does not answer the his or

her telephone or does not have an answering machine, or

answering service, or voicemail to receive the telephone call

or positive response, in accordance with Section 5.1. If the

underground utility facility owner or operator attempts to

provide additional notice by telephone or by facsimile but

receives a busy signal, that attempt shall not discharge the

underground utility facility owner or operator from the

obligation to provide notice under this Section.

(b) 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.

(e) (c) The reinstallation of traffic control devices

shall be deemed an emergency for purposes of this Section.

(f) (d) An open cut utility locate shall be deemed an

emergency for purposes of this Section.

(g) During an emergency situation, where the underground

utility facility owner or operator has a widespread emergency

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

subcontractors to facilitate the work without a separate

emergency notice by the subcontractor. 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.

(h) Emergency notices provided through JULIE 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 underground

utility facility owner or operator and JULIE utility and the

State-Wide One-Call Notice System and cease excavation in the

area of the damage when the damaged facility is a threat to

life or property or if otherwise required by law or, in the

case of damage or dislocation in connection with any

excavation or demolition within the boundaries of a

municipality having a population of at least 1,000,000

inhabitants that operates its own one-call notice system,

notify the affected utility and the one-call notice system

that operates in that municipality.

(b) The excavator person responsible for the excavation or

demolition shall not attempt to repair, clamp, or constrict

the damaged utility facility unless under the direct

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 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) Underground utility facility owners Owners and

operatorsof underground utility facilities that are damaged,

and the excavator involved, shall work in a cooperative and

expeditious manner to repair the affected facility utility.

(d) The underground utility facility owner or operator

shall provide to JULIE a phone number with a dedicated

extension, if applicable, that can be provided to the

excavator allowing immediate notification by the excavator to

the underground utility facility owner or operator of the

potential damage.

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

shall provide:

(1) a reference to the original excavation or

demolition notice, if one exists;

(2) the type of 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 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 facility is exposed during

excavation or demolition, emergency or nonemergency, the

excavator responsible for the excavation or demolition

operations shall immediately notify JULIE.

(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 facility, if known;

(3) the name of the affected underground utility

facility owner or operator, if known; and

(4) the location of the exposed 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 JULIE 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 notices locate requests or other

information in the performance of its duties as JULIE the

State-Wide One-Call Notice System, unless the act or omission

was the result of willful and wanton misconduct.

(d) Any residential property owner who fails to comply

with any provision of this Act and damages underground utility

facilities or CATS facilities while engaging in excavation or

demolition on such residential property shall not be subject

to a penalty under this Act, but shall be liable for the damage

caused to the underground utility facility owners or operators

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 underground

utility facility owners or and operators of underground

facilities or CATS facilities to comply with the provisions of

this Act, those underground utility facility owners or and

operators shall be deemed prima facie guilty of negligence.

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

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

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

(a) Upon notice by the excavator person engaged in

excavation or demolition, the underground utility facility

owners or operators 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, within 48 hours of receipt of notice or by the dig

start 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 submerged facilities, when the owner or operator of

the submerged facilities determines that a proposed excavation

or demolition which could include anchoring, pile driving,

dredging, or any other water bottom contact for any means

performed is in proximity to or in conflict with, submerged

facilities located under a lake, river, or navigable waterway,

the owner or operator of the submerged facilities shall

identify the estimated horizontal route of the submerged

facilities, within 15 days or by a date and time mutually

agreed to, using marking buoys, other suitable devices, or GPS

location data unless directed otherwise by an agency having

jurisdiction over the waters under which the submerged

facilities are located.

(b) Underground utility facility owners or 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) Underground utility facility owners or operators of

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) Underground utility facility owners Owners or

operators of underground sewer facilities that are located

outside the boundaries of a municipality having a population

of at least 1,000,000 inhabitants shall not hold an excavator

liable for damages that occur to sewer facilities that were

not required to be marked under this Section, provided that

prompt notice of known the damage is made to JULIE the

State-Wide One-Call Notice System and the underground utility

facility owners or operators 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 within

48 hours or by the requested date and time indicated on the

notice, whichever is later.

(A) 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

request.

(B) All mutually agreed upon modifications to the

dig start date and time shall be fully documented by

the underground utility facility owner or operator and

include, at a minimum, the date and time of the

interaction, the names of the individuals involved,

and acknowledgment by the individuals that agreed to

the modification and the new dig start date and time

that was mutually agreed upon by both parties. The

underground utility facility owner or operator shall

retain through JULIE, Inc., the documentation for at

least 5 years after the date of the expiration of the

notice.

(2) It is unreasonable to request underground utility

facility owners or and operators of underground utility

facilities to mark 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 unreasonable to request extensive notices

locates in excess of a reasonable excavation or demolition

work schedule. , or

(4) It is unreasonable to request notices locates

under conditions where a repeat request is likely to be

made because of the passage of time or adverse job

conditions.

(5) During periods where the notice volumes or dig

site notification areas exceed the historical averages as

determined by the reasonable control measurements for the

place, only those additional non-emergency requests that

are not part of a large project, when that large project

has been submitted at least 60 days in advance of the start

of the large project by underground utility facility

owners or operators or their contractors or subcontractors

for excavation work for the underground utility facility

owners or operators within the place, may be subject to a

request from the underground utility facility owner or

operator or the owner or operator's locate contractors or

subcontractors for an additional wait time of up to 2 days

for the underground utility facility owner or operator,

whether utilizing in-house or contract locators, to

respond to locate and mark, or provide a no conflict

response. It is the responsibility of the requesting

underground utility facility owner or operator to document

any modification as outlined in paragraph (1) of

subsection (e) of Section 10.

(f) Underground utility facility owners or Owners and

operators, whether utilizing in-house or contract locators,

and the owner or operator's locate contractors or

subcontractors of underground utility facilities must

reasonably anticipate seasonal fluctuations in the number of

notices locate requests and staff accordingly.

Seasonal fluctuations shall not be considered within the

reasonable control of underground utility facility owners or

operators and the owner or operator's locate contractors or

subcontractors within a place or places, when the notice

volumes exceed the historical averages as determined by the

reasonable control measurement, for non-emergency requests for

utility excavation work for underground utility facility

owners or operators, that is not part of a large project that

has provided at least a 60 day advance notice.

Only utility excavators when doing utility work may be

impacted by this subsection and may incur an additional wait

time of up to 2 days.

(g) If an underground utility facility owner or operator a

person owning or operating underground utility facilities

receives a notice under this Section but does not own or

operate any underground utility facilities within the proposed

excavation or demolition area described in the notice, that

underground utility facility owner or operator, by the dig

start date and time on the notice person, within 48 hours or by

the requested date and time indicated on the notice, whichever

is later, after receipt of the notice, shall so notify the

excavator who initiated the notice in accordance with Section

5.1, and prior to January 1, 2026, may 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. The notification by the owner

or operator of underground utility facilities to the person

engaged in excavation or demolition may 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.

(h) The underground utility facility owner or operator of

those facilities 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 utilizing the positive

response system, in accordance with Section 5.1, and prior to

January 1, 2026, by:

(1) 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 his or her telephone and or

does not have the ability to receive telephone messages;

(2) facsimile, if the excavator has supplied a

facsimile number and does not have a facsimile machine in

operation to receive the facsimile transmission; or

(3) email, if the excavator has supplied an email

address and the message is electronically undeliverable an

answering machine or answering service to receive the

telephone call or does not have a facsimile machine in

operation to receive the facsimile transmission.

If the underground utility facility owner or operator

attempts to provide additional notice by telephone or by

facsimile but receives a busy signal, that attempt shall not

serve to discharge the underground utility facility owner or

operator of the obligation to provide notice under this

Section.

(i) Any excavator or legal entity, public or private, who,

on or after January 1, 2026, installs a nonconductive service

lateral shall ensure that the installation is locatable by

electromagnetic means or other equally effective means for

marking the location of the service lateral. This subsection

does not apply to minor repairs to, or partial replacements

of, service laterals installed prior to January 1, 2026.

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

facilities by the underground utility facility owners or

operators who underground facility operators may utilize a

combination of flags, lathe with colored ribbon, chalk,

whiskers, or stakes, 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 Facility type Identification Color

Underground utility facility owner or operator or contract locator use only Facility Owner or Agent Use Only 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

excavation or demolition, willfully wilfully fails to comply

with the Act by failing to provide the notice to the

underground utility facility owners or operators in and of the

underground facilities near the excavation or demolition area

through JULIE the State-Wide One-Call Notice System as

required by Section 4, 5, or 6 of this Act shall be subject to

a penalty of not more than up to $5,000 for each separate

offense and shall be liable for the damage caused to the

underground utility facility owners or operators of the

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 not more than

up to $2,500 for each separate offense and shall be liable for

the damage caused to the underground utility facility owners

or operators of the facility.

(b) Every excavator person who has provided the notice to

the underground utility facility owners or operators of the

underground utility facilities in and near the excavation or

demolition area through JULIE 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 not more than up to $2,500 for each

separate offense and shall be liable for the damage caused to

the underground utility facility owners or operators of the

facility.

(c) Every excavator person who, while engaging in

excavation or demolition, has provided the notice to the

underground utility facility owners or operators of the

underground utility facilities in and near the excavation or

demolition area through JULIE the State-Wide One-Call Notice

System as required by Section 4 or 6 of this Act, but

otherwise, while acting reasonably, damages any underground

utility facilities, shall not be subject to a penalty, but

shall be liable for the damage caused to the underground

utility facility owners or operators of the 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

underground utility facility owners or operators of the

underground utility facilities through JULIE the State-Wide

One-Call Notice System as a no show, incomplete, or an

emergency locate request and the locate request is not a no

show, incomplete, or an emergency locate request as defined in

Section 2.6 of this Act shall be subject to a penalty of not

more than up to $2,500 for each separate offense.

(e) Underground utility facility owners or operators

Owners and operators of underground utility facilities who

willfully fail to comply with this Act, unless otherwise

stated in this Section, shall be subject to a penalty of not

more than $2,500 for each separate offense. A by a failure to

respond or mark the approximate location of facilities by the

dig start date and time on the notice an underground utility as

required by subsection (h) of Section 4, subsection (c) (a) of

Section 6, or Section 10 of this Act after being notified of

planned or emergency excavation or demolition through JULIE

the State-Wide One-Call Notice System, shall be subject to a

penalty of not more than up to $5,000 for each separate

offense.

(1) Underground utility facility owners or operators

who fail to provide a response to the positive response

system by the dig start date and time on the notice, as

required in subsection (b) of Section 5.1, on more than

10% of their weekly required responses for 4 or more

consecutive weeks, shall be subject to a penalty of not

more than $250 for each separate offense.

(2) Underground utility facility owners or operators

shall not be subject to a penalty where a delay in

responding through the positive response system is caused

by conditions beyond the reasonable control of such

underground utility facility owners or operators.

(f) As provided in Section 3 of this Act, all underground

utility facility owners or operators of underground utility

facilities who fail to join JULIE 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

underground utility facility owner or operator fails to join

JULIE 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 underground utility facility 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 a facility an underground utility is caused by

conditions beyond the reasonable control of such underground

utility facility owner or operator. It is the responsibility

of the underground utility facility owners or operators to

demonstrate how the condition affected their ability to

respond and caused it to become beyond the reasonable control.

Each underground utility facility owner or operator shall

staff in a manner that such underground utility facility owner

or operator can respond by the dig start date and time on the

notices within the underground utility facility owner's or

operator's reasonable control.

(h) Any entity that person who is neither an agent,

employee, or authorized locating contractor of the underground

utility facility owner or operator of the underground utility

facility nor an excavator involved in the excavation or

demolition activity that who removes, alters, or otherwise

damages markings, flags, lathe with color ribbon, chalk,

whiskers, or paint or stakes used to mark the location of

facilities an underground utility other than during the course

of the excavation or demolition for which the markings were

made or before completion of the project shall be subject to a

penalty up to $1,000 for each separate offense.

(i) (Blank).

(i-5) All parties who submit alleged violations to the

Illinois Commerce Commission shall use the forms provided and

should submit not later than 65 days after the discovery of the

alleged violation. Any alleged violation submission received

after the 65-day period shall be subject to a penalty of not

more than $500 but not less than $100 per occurrence.

Excavators shall not be subject to a penalty under this

subsection when their decision to submit an alleged violation

form later than the 65-day period is a result of receiving a

damage claim from an underground utility facility owner or

operator after the expiration of the excavator's 65-day period

for submitting an alleged violation.

(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 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 underground utility facility operator or owner and the

excavator person engaged in excavating shall be treated

separately;

(4) (blank); ability to pay penalty;

(5) show of good faith of offender;

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

(7) other special circumstances.

(k) There is hereby created in the State treasury a

special fund to be known as the Illinois Underground Utility

Facilities Damage Prevention Fund. All penalties recovered by

the Illinois Commerce Commission in any action under this

Section shall be paid into the Fund and shall be distributed

annually as a grant to JULIE the State-Wide One-Call Notice

System to be used in safety and informational programs to

reduce the number of incidents of damage to underground

utility facilities in Illinois. The distribution shall be made

during January of each calendar year based on the balance in

the Illinois Underground Utility Facilities Damage Prevention

Fund as of December 31 of the previous calendar year. In all

such actions under this Section, the procedure and rules of

evidence shall conform with the Code of Civil Procedure, and

with rules of courts governing civil trials.

(l) The Illinois Commerce Commission shall establish an

Advisory Committee consisting of a representative from each of

the following: utility operator, JULIE, excavator,

municipality, and the general public, and a nonmunicipal

public body. The Advisory Committee shall serve as a peer

review panel for any contested penalties resulting from the

enforcement of this Act.

The members of the Advisory Committee shall be immune,

individually and jointly, from civil liability for any act or

omission done or made in performance of their duties while

serving as members of such Advisory Committee, unless the act

or omission was the result of willful and wanton misconduct.

(m) If, after the Advisory Committee has considered a

particular contested penalty and performed its review

functions under this Act and the Illinois Commerce

Commission's rules, there remains a dispute as to whether the

Illinois Commerce Commission should impose a penalty under

this Act, the matter shall proceed in the manner set forth in

Article X of the Public Utilities Act, including the

provisions governing judicial review.

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

(220 ILCS 50/11.3)

Sec. 11.3. Emergency telephone system outages;

reimbursement. Any excavator person who negligently damages a

an underground 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 JULIE the State-Wide One-Call Notice

System, a municipality's liability, under any membership

agreement rules and regulations, for the indemnification of

(i) the entity that is in charge of or managing JULIE the

System or any officer, agent, or employee of JULIE that entity

or (ii) an underground utility facility owner or operator of

JULIE a member of the System or any officer, agent, or employee

of an underground utility facility owner or operator of JULIE

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

underground utility facility owner or operator of JULIE 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 commenced within 2 years

after the date of the alleged violation of this Act.

Beginning January 1, 2025, all parties submitting alleged

violations to the Illinois Commerce Commission shall use the

forms provided and shall submit no later than 65 days after the

discovery of the alleged violation. Any report of an alleged

violation received later than 65 days after the discovery of

the alleged violation shall be subject to a penalty as

provided for in Section 11.

Beginning January 1, 2025, the Illinois Commerce

Commission shall provide notice of investigation to the

parties involved in the alleged violation report within 20

days after the receipt of the alleged violation report.

Once a notice of investigation has been sent for all

alleged violations reported on or after January 1, 2025, no

further action may be brought by the Illinois Commerce

Commission under Section 11 unless the notice of violation has

been provided by the Illinois Commerce Commission staff to the

entity determined to be in violation within 195 days after the

date of the notice of investigation. For alleged violations

that involve utility damage, personal injury or death, or

property damage, an additional 130 days shall be allowed for

the Illinois Commerce Commission staff to determine if the

alleged entity was in violation.

Beginning July 1, 2025, the Illinois Commerce Commission

shall provide for public review a monthly report listing all

of the reports of alleged violations it received in the prior

month. The listing shall be available by the end of the

violations report. The listing shall be available by the end

of second full week for all reports from the previous month.

The listing shall, at a minimum, include: (1) the name of the

party submitting the alleged violation; (2) the name of the

party and the name of the project owner that is alleged to be

in violation; (3) the date the alleged violation report is

submitted; and (4) the Section or Sections of the Act

applicable to the submitted alleged violation.

JULIE, Inc., may submit reports to the Illinois Commerce

Commission for alleged violations of Section 5.1.

(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 facilities

utility 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 underground utility facility owner or

operator of underground utility facilities or CATS facilities

endangers an excavator by willfully failing to respond to a

notice locate request, the underground utility facility owner

or operator of such facilities or the excavator or the State's

Attorney or the Illinois Commerce Commission at the request of

the underground utility facility owner or operator of such

facilities or the excavator may commence an action in the

circuit court for the county in which the excavation or

demolition is occurring or is to occur, or in which the person

or entity complained of has its 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 operating its own One-Call Notice System, 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 may regulate underground utility facilities

and CATS facilities damage prevention.

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

(220 ILCS 50/2.1 rep.)

(220 ILCS 50/2.1.3 rep.)

(220 ILCS 50/2.1.4 rep.)

(220 ILCS 50/2.1.5 rep.)

(220 ILCS 50/2.1.6 rep.)

(220 ILCS 50/2.1.9 rep.)

(220 ILCS 50/2.1.10 rep.)

(220 ILCS 50/2.2 rep.)

(220 ILCS 50/2.3 rep.)

(220 ILCS 50/2.4 rep.)

(220 ILCS 50/2.5 rep.)

(220 ILCS 50/2.6 rep.)

(220 ILCS 50/2.7 rep.)

(220 ILCS 50/2.8 rep.)

(220 ILCS 50/2.9 rep.)

(220 ILCS 50/2.10 rep.)

(220 ILCS 50/2.11 rep.)

(220 ILCS 50/5 rep.)

Section 10. The Illinois Underground Utility Facilities

Damage Prevention Act is amended by repealing Sections 2.1,

2.1.3, 2.1.4, 2.1.5, 2.1.6, 2.1.9, 2.1.10, 2.2, 2.3, 2.4, 2.5,

2.6, 2.7, 2.8, 2.9, 2.10, 2.11, and 5.