During the 2018 Colorado state legislative session, leaders passed bill SB18-67 Enforce Requirements 811 Locate Underground Facilities. The bill "creates the underground damage prevention safety commission (commission) as an independent agency within the department of labor and employment.

The commission has rule-making and enforcement authority regarding specified portions of the excavation damage prevention law and is required to enter into a memorandum of understanding with the notification association to facilitate implementation and administration of the law. The notification association is required to provide administrative support to the commission in performing its duties."

In other words, the newly created commission can enforce the law and assess penalties when the locates law is violated. The goal is to increase safety and improve the 811 program, bringing it up to federal regulations. Colorado was at risk of losing some federal funding due to inadequacies in the program.

The penalties are meant to reinforce the accountability of excavators so that they understand the importance of the “call before you dig” program. Penalties collected will be used for training and safety programs to reach the goal of greater public safety.

Additionally, new underground facilities built on or after January 1, 2020, must be electronically locatable when installed.

The governor is expected to sign the bill into law.

Read a summary of the bill 

Read the final text of the bill