2010 Updates and Revisions to Law
| Law Presentation
Effective January 1, 2010 changes will become effective to the Illinois Underground Utility Facilities Damage Prevention Act also known as the JULIE Law.
To educate the public of these changes, JULIE has prepared a brief 5 minute video that reviews these modifications.
Click here to download presentation.
Synopsis of Senate Bill 1357
The Illinois Underground Utility Facilities Damage Prevention Act
Public Act 096-0714
The amendments to the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS50, include language consistent with the not-for-profit organization’s business practices for 35 years.
JULIE’s Damage Prevention Managers are available to discuss and provide safety and education presentations to excavators regarding the one-call process and state law at no cost. For contact information or to schedule a presentation, please click on the appropriate link.
The following is a brief description of the additions and changes effective January 1, 2010:
• The amendment removes all references to “CATS facilities.”
• For purposes of participating in the State of Illinois Joint Purchasing Program, adds language to indicate JULIE, Inc. shall be considered as created by this Act. (Sec.1 change)
Sections 2.1, 2.1.3, 2.1.4, 2.1.5, 2.1.6, 2.1.9, 2.1.10, 2.2, 2.6
• Redefines “person” to clarify who can excavate on a locate request. Removes “personal representative” from, and adds “employee or agent” to the definition of “person.” (Sec. 2.1, change)
• Defines “No show request” in the Act. Currently, the only definition of a “No showrequest” is included in the excavator handbook. (Sec. 2.1.3, new)
• Defines “Incomplete request” in the Act. Currently, the only definition of an “Incomplete request” is included in the excavator handbook. (Sec. 2.1.4, new)
• Defines “Re-mark request” in the Act. Currently, the only definition of a “Re-mark request” is included in the excavator handbook. (Sec. 2.1.5, new)
• Defines “Residential property owner” in the Act. The residential property owner penalty exemption applies to any person who owns or leases property where such property is their residence or dwelling. A renter or landlord would qualify, provided the landlord lives at the residential property. The penalty exemption likely would not apply to a larger multiunit complex that is commercial in nature. (Sec. 2.1.6, new)
• Defines “JULIE Excavator Handbook” in the Act. This is a handbook periodically updated and published by JULIE, Inc. (Sec. 2.1.9, new)
• Defines “Internal electric grid of a wind turbine generation farm.” (Sec. 2.1.10, new)
• Clarifies definition of “Underground utility facilities” and adds language to explain the types of entities that install facilities beneath of the surface of the ground. (Sec. 2.2, change)
• Clarifies definition of “Emergency locate request” to include action before the expiration of 48 hours. (Sec. 2.6, change)
• Clarifies required activities for every person who engages in non-emergency excavation or demolition. Most language moved from Section 11(i) of the current Act. Language also includes remark. (Sec. 4, change)
EMERGENCY EXCAVATION OR DEMOLITION
• Modifies the Act to more clearly indicate the types of communication required by the owner or operator of an underground utility facility in response to an emergency locate request. (Sec. 6, change)
DAMAGE OR DISLOCATION
• Modifies language to include the necessary steps for excavators to take in the event of a damage to or dislocation of any underground utility facilities. (Sec. 7, change)
RECORD OF NOTICE; MARKING OF FACILITIES
• Modifies language to allow a facility owner to respond in 48 hours or the requested date and time indicated on the notice, whichever is later. (Sec. 10, change)
PENALTIES; LIABILITY; FUND
• Clarifies penalty process and clearly distinguishes between the separate roles of the operator/owner and the person engaged in excavating. (Sec. 11, change)
• This Act takes effect January 1, 2010.