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92_HB2138eng HB2138 Engrossed LRB9205929JSpc 1 AN ACT concerning underground utilities facilities damage 2 prevention. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Underground Utility Facilities 6 Damage Prevention Act is amended by changing Sections 2, 2.2, 7 2.3, 4, 5, 6, 7, 8, 10, 11, 13, and 14 and adding Sections 8 2.6, 2.7, and 2.8 as follows: 9 (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602) 10 Sec. 2. Definitions. As used in this Act, unless the 11 context clearly otherwise requires, the terms specified in 12 Sections 2.1 through 2.82.5have the meanings ascribed to 13 them in those Sections. 14 (Source: P.A. 86-674.) 15 (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2) 16 Sec. 2.2. Underground utility facilities. "Underground 17 utility facilities" or "facilities" means and includes wires, 18 ducts, fiber optic cable, conduits, pipes, sewers, and cables 19 and their connected appurtenances installed beneath the 20 surface of the ground by a public utility (as is defined in 21 the Illinois Public Utilities Act, as amended), or by a 22 municipally owned or mutually owned utility providing a 23 similar utility service, except an electric cooperative as 24 defined in the Illinois Public Utilities Act, as amended, or 25 by a pipeline entity transporting gases, crude oil, petroleum 26 products, or other hydrocarbon materials within the State or 27 by a telecommunications carrier as defined in the Universal 28 Telephone Service Protection Law of 1985, or by a company 29 described in Section 1 of "An Act relating to the powers, 30 duties and property of telephone companies", approved May 16, HB2138 Engrossed -2- LRB9205929JSpc 1 1903, as amended, or by a community antenna television 2 system, hereinafter referred to as "CATS", as defined in the 3 Illinois Municipal Code, as amended. 4 (Source: P.A. 86-674.) 5 (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3) 6 Sec. 2.3. Excavation. "Excavation" means any operation 7 in which earth, rock, or other material in or on the ground 8 is moved, removed, or otherwise displaced by means of any 9 tools, power equipment or explosives, and includes, without 10 limitation, grading, trenching, digging, ditching, drilling, 11 augering, boring, tunneling, scraping, cable or pipe plowing, 12 and driving but does not include farm tillage operations or 13 railroad right-of-way maintenance or operations or coal 14 mining operations regulated under the Federal Surface Mining 15 Control and Reclamation Act of 1977 or any State law or rules 16 or regulations adopted under the federal statute, or land 17 surveying operations as defined in the Illinois Professional 18 Land Surveyor Act of 1989 when not using power equipment. 19 (Source: P.A. 86-674; 86-1195; 87-125.) 20 (220 ILCS 50/2.6 new) 21 Sec. 2.6. Emergency locate request. "Emergency locate 22 request" means a locate request for any condition 23 constituting an imminent danger to life, health, or property, 24 or a utility service outage, and which requires immediate 25 repair or action. 26 (220 ILCS 50/2.7 new) 27 Sec. 2.7. Tolerance zone. "Tolerance zone" means the 28 approximate location of underground utility facilities or 29 CATS facilities defined as a strip of land at least 3 feet 30 wide, but not wider than the width of the underground 31 facility or CATS facility plus 1-1/2 feet on either side of HB2138 Engrossed -3- LRB9205929JSpc 1 such facility based upon the markings made by the owner or 2 operator of the facility. Excavation within the tolerance 3 zone requires extra care and precaution including, but not 4 limited to, as set forth in Section 4. 5 (220 ILCS 50/2.8 new) 6 Sec. 2.8. Approximate location. "Approximate location" 7 means a strip of land at least 3 feet wide, but not wider 8 than the width of the underground facility or CATS facility 9 plus 1.5 feet on either side of the facility. 10 (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604) 11 Sec. 4. Required activities. Every person who engages 12 in nonemergency excavation or demolition shall: 13 (a) take reasonable action to inform himself of the 14 location of any underground utility facilities or CATS 15 facilities in and near the area for which such operation is 16 to be conducted; 17 (b) plan the excavation or demolition to avoid or 18 minimize interference with underground utility facilities or 19 CATS facilities within the tolerance zone by utilizing such 20 precautions that include, but are not limited to, hand 21 excavation, vacuum excavation methods, and visually 22 inspecting the excavation while in progress until clear of 23 the existing marked facilityin and near the construction24area; 25 (c) if practical, use white paint, flags, stakes, or 26 both, to outline the dig site; 27 (d)(c)provide notice not more than 14 days nor less 28 than 48 hours (exclusive of Saturdays, Sundays and holidays) 29 in advance of the start of the excavation or demolition to 30 the owners or operators of the underground utility facilities 31 or CATS facilities in and near the excavation or demolition 32 area through the State-Wide One-Call Notice System or, in the HB2138 Engrossed -4- LRB9205929JSpc 1 case of nonemergency excavation or demolition within the 2 boundaries of a municipality of at least one million persons 3 which operates its own one-call notice system, through the 4 one-call notice system which operates in that municipality; 5 (e)(d)provide, during and following excavation or 6 demolition, such support for existing underground utility 7 facilities or CATS facilities in and near the excavation or 8 demolition area as may be reasonably necessary for the 9 protection of such facilities unless otherwise agreed to by 10 the owner or operator of the underground facility or CATS 11 facility; and 12 (f)(e)backfill all excavations in such manner and with 13 such materials as may be reasonably necessary for the 14 protection of existing underground utility facilities or CATS 15 facilities in and near the excavation or demolition area. 16 At a minimum, the notice required under clause (d)(c)17 shall provide: 18 (1) the person's name, address, and (i) phone 19 number at which a personmessagecan be reached andleft20or(ii) fax number; 21 (2) the start date of the planned excavation or 22 demolition; 23 (3) the address at which the excavation or 24 demolition will take place;and25 (4) the type and extent of the work involved; and.26 (5) section/quarter sections when the above 27 information does not allow the State-Wide One-Call Notice 28 System to determine the appropriate geographic 29 section/quarter sections. This item (5) does not apply 30 to residential property owners. 31 Nothing in this Section prohibits the use of any method 32 of excavation if conducted in a manner that would avoid 33 interference with underground utility facilities or CATS 34 facilities. HB2138 Engrossed -5- LRB9205929JSpc 1 (Source: P.A. 87-125; 88-578, effective date changed to 2 7-1-95 by P.A. 88-681.) 3 (220 ILCS 50/5) (from Ch. 111 2/3, par. 1605) 4 Sec. 5. Notice of preconstruction conference. When the 5 Illinois Department of Transportation notifies an owner or 6 operator of an underground utility facility or CATS facility 7 that the Department will conduct a preconstruction conference 8 concerning new construction, reconstruction, or maintenance 9 of State highways in and near the area in which such owner or 10 operator has placed underground utility facilities, such 11 notification shall, except as otherwise provided in this 12 Section constitute compliance by the Department or its 13 contractors with paragraphs (a), (b), and (d)(c)of Section 14 4 of this Act. In instances when notification of a 15 preconstruction conference is provided to the owner or 16 operator of an underground utility facility or CATS facility 17 but no specific date is established at the preconstruction 18 conference for the new construction, reconstruction or 19 maintenance of State highways in and near the area in which 20 the owner or operator has placed underground utility 21 facilities or CATS facilities, then the Department or its 22 contractors shall later comply with paragraph (d)(c)of 23 Section 4 of this Act. 24 (Source: P.A. 86-674.) 25 (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606) 26 Sec. 6. Emergency excavation or demolition. 27 (a) Every person who engages in emergency excavation or 28 demolition outside of the boundaries of a municipality of at 29 least one million persons which operates its own one-call 30 notice system shall take all reasonable precautions to avoid 31 or minimize interference between the emergency work and 32 existing underground utility facilities or CATS facilities in HB2138 Engrossed -6- LRB9205929JSpc 1 and near the excavation or demolition area, through the 2 State-Wide One-Call Notice System, and shall notify, as far 3 in advance as possible, the owners or operators of such 4 underground utility facilities or CATS facilities in and near 5 the emergency excavation or demolition area, through the 6 State-Wide One-Call Notice System. At a minimum, the notice 7 required under this subsection (a) shall provide: 8 (1) the person's name, address, and (i) phone 9 number at which a person can be reached and (ii) fax 10 number; 11 (2) the start date of the planned emergency 12 excavation or demolition; 13 (3) the address at which the excavation or 14 demolition will take place; and 15 (4) the type and extent of the work involved. 16 A 2-hour wait time exists after an emergency locate 17 notification request is made through the State-Wide One-Call 18 Notice System. If the conditions at the site dictate an 19 earlier start than the 2-hour wait time, it is the 20 responsibility of the excavator to demonstrate that site 21 conditions warranted this earlier start time. 22 (b) Every person who engages in emergency excavation or 23 demolition within the boundaries of a municipality of at 24 least one million persons which operates its own one-call 25 notice system shall take all reasonable precautions to avoid 26 or minimize interference between the emergency work and 27 existing underground utility facilities or CATS facilities in 28 and near the excavation or demolition area, through the 29 municipality's one-call notice system, and shall notify, as 30 far in advance as possible, the owners and operators of 31 underground utility facilities or CATS facilities in and near 32 the emergency excavation or demolition area, through the 33 municipality's one-call notice system. 34 (c) The reinstallation of traffic control devices shall HB2138 Engrossed -7- LRB9205929JSpc 1 be deemed an emergency for purposes of this Section. 2 (Source: P.A. 86-674; 87-125.) 3 (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607) 4 Sec. 7. Damage or dislocation. In the event of any 5 damage to or dislocation of any underground utility 6 facilities or CATS facilities in connection with any 7 excavation or demolition, emergency or nonemergency, the 8 person responsible for the excavation or demolition 9 operations shall immediately notify the affected utility and 10 the State-Wide One-Call Notice Systemowner of such11facilities. 12 (Source: P.A. 86-674.) 13 (220 ILCS 50/8) (from Ch. 111 2/3, par. 1608) 14 Sec. 8. Liability or financial responsibility. 15 (a) Nothing in this Act shall be deemed to affect or 16 determine the financial responsibility for any operation 17 under this Act or liability of any person for any damages 18 that occur unless specifically stated otherwise. 19 (b) Nothing in this Act shall be deemed to provide for 20 liability or financial responsibility of the Department of 21 Transportation, its officers and employees concerning any 22 underground utility facility or CATS facility located on 23 highway right-of-way by permit issued under the provisions of 24 Section 9-113 of the Illinois Highway Code. It is not the 25 intent of this Act to change any remedies in law regarding 26 the duty of providing lateral support. 27 (c) Neither the State-Wide One-Call Notice System nor 28 any of its officers, agents, or employees shall be liable for 29 damages for injuries or death to persons or damage to 30 property caused by acts or omissions in the receipt, 31 recording, or transmission of locate requests or other 32 information in the performance of its duties as the HB2138 Engrossed -8- LRB9205929JSpc 1 State-Wide One-Call Notice System, unless the act or omission 2 was the result of willful and wanton misconduct. 3 (d) Any residential property owner who fails to comply 4 with any provision of this Act and damages underground 5 utility facilities or CATS facilities while engaging in 6 excavation or demolition on such residential property shall 7 not be subject to a penalty under this Act, but shall be 8 liable for the damage caused to the owner or operator of the 9 damaged underground utility facilities or CATS facilities. 10 (Source: P.A. 86-674; 87-125.) 11 (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610) 12 Sec. 10. Record of notice; marking of facilities. Upon 13 notice by the person engaged in excavation or demolition, the 14 person owning or operating underground utility facilities or 15 CATS facilities in or near the excavation or demolition area 16 shall cause a written record to be made of the notice and 17 shall mark, within 48 hours (excluding Saturdays, Sundays and 18 holidays) of receipt of notice, the approximate locations of 19 such facilities so as to enable the person excavating or 20 demolishing to establish the location of the underground 21 utility facilities or CATS facilities. 22 All persons subject to the requirements of this Act shall 23 plan and conduct their work consistent with reasonable 24 business practices. Conditions may exist making it 25 unreasonable to request that locations be marked within 48 26 hours. It is unreasonable to request owners and operators of 27 underground utility facilities and CATS facilities to locate 28 all of their facilities in an affected area upon short notice 29 in advance of a large or extensive nonemergency project, or 30 to request extensive locates in excess of a reasonable 31 excavation or demolition work schedule, or to request locates 32 under conditions where a repeat request is likely to be made 33 because of the passage of time or adverse job conditions. HB2138 Engrossed -9- LRB9205929JSpc 1 Owners and operators of underground utility facilities and 2 CATS facilities must reasonably anticipate seasonal 3 fluctuations in the number of locate requests and staff 4 accordingly.Marking need not be accomplished more than 485hours in advance of the time excavation or demolition of6daily segments of the excavation or demolition are scheduled7to begin.8 If a person owning or operating underground utility 9 facilities or CATS facilities receives a notice under this 10 Section but does not own or operate any underground utility 11 facilities or CATS facilities within the proposed excavation 12 or demolition area described in the notice, that person, 13 within 48 hours (excluding Saturdays, Sundays, and holidays) 14 after receipt of the notice, shall so notify the person 15 engaged in excavation or demolition who initiated the notice, 16 unless the person who initiated the notice expressly waives 17 the right to be notified that no facilities are located 18 within the excavation or demolition area. The notification 19 by the owner or operator of underground utility facilities or 20 CATS facilities to the person engaged in excavation or 21 demolition may be provided in any reasonable manner 22 including, but not limited to, notification in any one of the 23 following ways: by face-to-face communication; by phone or 24 phone message; by facsimile; by posting in the excavation or 25 demolition area; or by marking the excavation or demolition 26 area. The owner or operator of those facilities has 27 discharged the owner's or operator's obligation to provide 28 notice under this Section if the owner or operator attempts 29 to provide notice by telephone or by facsimile, if the person 30 has supplied a facsimile number, but is unable to do so 31 because the person engaged in the excavation or demolition 32 does not answer his or her telephone or does not have an 33 answering machine or answering service to receive the 34 telephone call or does not have a facsimile machine in HB2138 Engrossed -10- LRB9205929JSpc 1 operation to receive the facsimile transmission. If the 2 owner or operator attempts to provide notice by telephone or 3 by facsimile but receives a busy signal, that attempt shall 4 not serve to discharge the owner or operator of the 5 obligation to provide notice under this Section. 6 A person engaged in excavation or demolition may 7 expressly waive the right to notification from the owner or 8 operator of underground utility facilities or CATS facilities 9 that the owner or operator has no facilities located in the 10 proposed excavation or demolition area. Waiver of notice is 11 only permissible in the case of regular or nonemergency 12 locate requests. The waiver must be made at the time of the 13 notice to the State-Wide One-Call Notice System. A waiver 14 made under this Section is not admissible as evidence in any 15 criminal or civil action that may arise out of, or is in any 16 way related to, the excavation or demolition that is the 17 subject of the waiver. 18 For the purposes of this Act, underground facility 19 operators may utilize a combination of flags, stakes, and 20 paint when possible on non-paved surfaces and when dig site 21 and seasonal conditions warrantthe "approximate location" of22underground utility facilities or CATS facilities is defined23as a strip of land at least 3 feet wide but not wider than24the width of the underground facility or CATS facility plus 1251/2 feet on either side of such facility. If the approximate 26 location of an underground utility facility or CATS facility 27 is marked with stakes or other physical means, the following 28 color coding shall be employed: 29 Utility or Community Antenna Identification Color 30 Television Systems and Type 31 of Product 32 Electric Power, Distribution and 33 Transmission...................... Safety Red 34 Municipal Electric Systems............ Safety Red HB2138 Engrossed -11- LRB9205929JSpc 1 Gas Distribution and Transmission..... High Visibility 2 Safety Yellow 3 Oil Distribution and Transmission..... High Visibility 4 Safety Yellow 5 Telephone and Telegraph Systems....... Safety Alert Orange 6 Community Antenna Television Systems.. Safety Alert Orange 7 Water Systems......................... Safety 8 Precaution Blue 9 Sewer Systems......................... Safety Green 10 Non-potable Water and Slurry Lines.... Safety Purple 11 Temporary Survey...................... Safety Pink 12 Proposed Excavation................... Safety White 13 (Source: P.A. 86-674; 88-578 (effective date changed to 14 7-1-95 by P.A. 88-681); 88-681, eff. 7-1-95.) 15 (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611) 16 Sec. 11. Penalties; liability; fund. 17 (a) Every person who, while engaging in excavation or 18 demolition, wilfully fails to comply with the Act by failing 19 to provide the notice to the owners or operators of the 20 underground facilities or CATS facility near the excavation 21 or demolition area through the State-Wide One-Call Notice 22 System as required by Section 4 of this Actand damages any23underground utility facilities or CATS facilities,shall be 24 subject to a penaltyfineof up to $5,000no more than $20025 for each separate offense and shall be liable for the damage 26 caused to the owners or operators of the facility. 27 (b) Every person who, while engaging in excavation or 28 demolition,andhas provided the notice to the owners or 29 operators of the underground utility facilities or CATS 30 facilities in and near the excavation or demolition area 31 through the State-Wide One-Call Notice System as required by 32 Section 4 of this Act, but otherwise wilfully fails to comply 33 with this Actand damages any underground utility facilitiesHB2138 Engrossed -12- LRB9205929JSpc 1or CATS facilities, shall be subject to a penaltyfineof up 2 to $2,500no more than $100for each separate offense and 3 shall be liable for the damage caused to the owners or 4 operators of the facility. 5 (c) Every person who, while engaging in excavation or 6 demolition,andhas provided the notice to the owners or 7 operators of the underground utility facilities or CATS 8 facilities in and near the excavation or demolition area 9 through the State-Wide One-Call Notice System as required by 10 Section 4 of this Act, but otherwise, while acting 11 reasonably, damages any underground utility facilities or 12 CATS facilities, shall not be subject to a penalty,finebut 13 shall be liable for the damage caused to the owners or 14 operators of the facility provided the underground utility 15 facility or CATS facility is properly marked as provided in 16 Section 10 of this Act. 17 (d) Every person who, while engaging in excavation or 18 demolition, provides notice to the owners or operators of the 19 underground utility facilities or CATS facilities through the 20 State-Wide One-Call Notice System as an emergency locate 21 request and the locate request is not an emergency locate 22 request as defined in Section 2.6 of this Act shall be 23 subject to a penalty of up to $2,500 for each separate 24 offense. 25 (e) Owners and operators of underground utility 26 facilities or CATScommunity antenna television systems27 facilities who wilfully fail to comply with this Act by a 28 failure to markor to properly markthe location of an 29 underground utility or CATS facility, after being notified of 30 planned excavation or demolition through the State-Wide 31 One-Call Notice System, shall be subject to a penaltyfineof 32 up to $5,000no more than $200for each separate offenseeach33violationresulting from the failure to markor properly mark34 an underground utility facility or CATS facility.No personHB2138 Engrossed -13- LRB9205929JSpc 1shall be subject to such fine if the owner or operator of the2underground utility facilities erred in marking or failed to3mark such facilities as provided in Section 10 of this Act4and no willful damage has been committed.5 (f) As provided in Section 3 of this Act, all owners or 6 operators of underground utility facilities or CATS 7 facilities who fail to join the State-Wide One-Call Notice 8 System by January 1, 2003 shall be subject to a penalty of 9 $100 per day for each separate offense. Every day an owner or 10 operator fails to join the State-Wide One-Call Notice System 11 is a separate offense. This subsection (f) does not apply to 12 utilities operating facilities or CATS facilities exclusively 13 within the boundaries of a municipality with a population of 14 at least 1,000,000 persons. 15 (g) No owner or operator of underground utility 16 facilities or CATScommunity antenna television systems17 facilities shall be subject to a penaltyfinewhere a delay 18 in marking or a failure to mark or properly mark the location 19 of an underground utility or CATS facility is caused by 20 conditions beyond the reasonable control of such owner or 21 operator. 22 (h) Any person who is neither an agent, employee, or 23 authorized locating contractor of the owner or operator of 24 the underground utility facility or CATS facility nor an 25 excavator involved in the excavation activity who removes, 26 alters, or otherwise damages markings, flags, or stakes used 27 to mark the location of an underground utility or CATS 28 facility other than during the course of the excavation for 29 which the markings were made or before completion of the 30 project shall be subject to a penalty up to $1,000 for each 31 separate offense. 32 (i) The excavator shall exercise due care at all times 33 to protect underground utility facilities and CATS 34 facilities. If, after proper notification through the HB2138 Engrossed -14- LRB9205929JSpc 1 State-Wide One-Call Notice System and upon arrival at the 2 site of a proposed excavation, the excavator observes clear 3 evidence of the presence of an unmarked utility or CATS 4 facility in the area of the proposed excavation, the 5 excavator shall not begin excavating until 2 hours after an 6 additional call is made to the State-Wide One-Call Notice 7 System for the area. The operator of the utility or CATS 8 facility shall respond within 2 hours of the excavator's call 9 to the State-Wide One-Call Notice System. 10 (j) The Illinois Commerce Commission shall have the 11 power and jurisdiction to, and shall, enforce the provisions 12 of this Act. The Illinois Commerce Commission may impose 13 administrative penalties as provided in this Section. The 14 Illinois Commerce Commission may promulgate rules and develop 15 enforcement policies in the manner provided by the Public 16 Utilities Act in order to implement compliance with this Act. 17 When a penalty is warranted, the following criteria shall be 18 used in determining the magnitude of the penalty: 19 (1) gravity of noncompliance; 20 (2) culpability of offender; 21 (3) history of noncompliance; 22 (4) ability to pay penalty; 23 (5) show of good faith of offender; 24 (6) ability to continue business; and 25 (7) other special circumstances. 26In the event that a person has given proper notice, the27owner or operator of the underground utility facility or CATS28facility has marked the approximate location and that person29is unable to physically locate the underground utility30facility or CATS facility, where other than an "open cut"31method of locating must be used, within a reasonable time due32to conditions beyond his control and that person has notified33the State-Wide One-Call notice system of the owner or34operator of the underground utility facility or CATS facilityHB2138 Engrossed -15- LRB9205929JSpc 1of the need for additional and more precise markings of2approximate locations and the owner or operator has not3further and more precisely marked or located the underground4utility facility or CATS facility within 48 hours of5receiving such notice, then the person excavating or6demolishing, exercising reasonable care, shall not be liable7for damages to the facilities. Actions to recover the8penalty provided for in this Section shall be brought by the9State's Attorney of the county where the damage occurred, at10the request of the owner or operator of the underground11utility facilities or CATS facilities damaged, or at the12request of any person when the owner or operator fails to13comply with this Act, or at the request of the Illinois14Commerce Commission in the name of the People of the State of15Illinois, in the circuit court for that county, or for the16county in which the person complained of has its principal17place of business or resides.18 (k) There is hereby created in the State treasury a 19 special fund to be known as the Illinois Underground Utility 20 Facilities Damage Prevention Fund. All penalties recovered 21 in any action under this Section shall be paid into the Fund 22 and shall be distributed annually as a grant to the 23 State-Wide One-Call Notice System to be used in safety and 24 informational programs to reduce the number of incidents of 25 damage to underground utility facilities and CATS facilities 26 in Illinois. The distribution shall be made during January 27 of each calendar year based on the balance in the Illinois 28 Underground Utility Facilities Damage Prevention Fund as of 29 December 31 of the previous calendar year. In all such 30 actions under this Section, the procedure and rules of 31 evidence shall conform with the Code of Civil Procedure, and 32 with rules of courts governing civil trials. 33 (l) The Illinois Commerce Commission shall establish an 34 Advisory Committee consisting of a representative from each HB2138 Engrossed -16- LRB9205929JSpc 1 of the following: utility operator, JULIE, excavator, 2 municipality, and the general public. The Advisory Committee 3 shall serve as a peer review panel for any contested 4 penalties resulting from the enforcement of this Act. 5 The members of the Advisory Committee shall be immune, 6 individually and jointly, from civil liability for any act or 7 omission done or made in performance of their duties while 8 serving as members of such Advisory Committee, unless the act 9 or omission was the result of willful and wanton misconduct. 10 (m) If, after the Advisory Committee has considered a 11 particular contested penalty and performed its review 12 functions under this Act and the Commission's rules, there 13 remains a dispute as to whether the Commission should impose 14 a penalty under this Act, the matter shall proceed in the 15 manner set forth in Article X of the Public Utilities Act, 16 including the provisions governing judicial review. 17Any residential property owner that fails to comply with18any provision of this Act and damages underground utility19facilities or CATS facilities while engaging in excavation or20demolition on land owned by the residential property owner21shall not be subject to a fine but shall be liable for the22damage caused to the owner or operator of the underground23utility facilities or CATS facilities.24 (Source: P.A. 86-674.) 25 (220 ILCS 50/13) (from Ch. 111 2/3, par. 1613) 26 Sec. 13. Mandamus or injunction. Where public safety or 27 the preservation of uninterrupted, necessary utility service 28 or community antenna television system service is endangered 29 by any person engaging in excavation or demolition in a 30 negligent or unsafe manner which has resulted in or is likely 31 to result in damage to underground utility facilities or CATS 32 facilities,orisproposing to use procedures for excavation 33 or demolition which are likely to result in damage to HB2138 Engrossed -17- LRB9205929JSpc 1 underground utility facilities or CATS facilities, or where 2 the owner or operator of underground utility facilities or 3 CATS facilities endangers an excavator by willfully failing 4 to respond to a locate request, the owner or operator of such 5 facilities or the excavator or the State's Attorney or the 6 Illinois Commerce Commission at the request of the owner or 7 operator of such facilities or the excavator may commence an 8 action, or the State's Attorney, at the request of the owner9or operator of such facilities or the Illinois Commerce10Commission, shall commence an action,in the circuit court 11 for the county in which the excavation or demolition is 12 occurring or is to occur, or in which the person complained 13 of has his principal place of business or resides, for the 14 purpose of having such negligent or unsafe excavation or 15 demolition stopped and prevented or to compel the marking of 16 underground utilities facilities or CATS facilities, either 17 by mandamus or injunction. 18 (Source: P.A. 86-674.) 19 (220 ILCS 50/14) (from Ch. 111 2/3, par. 1614) 20 Sec. 14. Home rule. The regulation of underground 21 utility facilities and CATS facilities damage prevention, as 22 provided for in this Act, is an exclusive power and function 23 of the State. A home rule unit may not regulate underground 24 utility facilities and CATS facilities damage prevention, as 25 provided for in this Act. All units of local government, 26 including home rule units, must comply with the provisions of 27 this Act. This Section is a denial and limitation of home 28 rule powers and functions under subsection (h) of Section 6 29 of Article VII of the Illinois Constitution. 30 (Source: P.A. 86-674.) 31 Section 99. Effective date. This Act takes effect July 32 1, 2002.