Balanced Enforcement & Third-Party Enforcement Board in Colorado Helps to Minimize Damages to Utility Assets
By: Jay Rendos, Continuum Capital
Introduction
Colorado’s dig law, established under Title 9-1.5 of state statute, was created to prevent injury and damage to underground infrastructure by requiring excavators to notify Colorado 811 before digging.
In 2018, Senate Bill 18-167 initiated major improvements by requiring universal participation in the statewide notification system, establishing mandatory positive response, standardizing locating expectations, and creating the Underground Damage Prevention Safety Commission to oversee enforcement and review violations. Further statutory refinement occurred in 2022, clarifying roles, improving response requirements, and strengthening alignment between notification, locating, and enforcement expectations.
Case Study
Title: 811 COLORADO ONE CALL LEGISLATIVE CHANGES
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2018 – 2023 Total Damages, ColoradoPrior to the 2018 legislative changes, there was no Third-Party enforcement authority in Colorado. The 811 process was a two-tiered system. This tiered system meant that Colorado did not have a true one-call system before 2018. In this system, Tier 1 members (such as large facility owners) were contacted via the one call system, but Tier 2 members required the excavator to call them directly using a provided phone number.
Another challenge was when the Underground Damage Prevention Safety Commission was established. Challenges were identified during the legislative process and after the legislation was enacted. During the legislative process, the main challenge was managing the desire of every stakeholder to have a seat on the commission, which led to a concern about making the commission too large. After the commission was established, a recurring challenge has been maintaining full representation due to vacancies in the commission seats. A further challenge in the commission's early days was the need to promulgate rules and regulations, a process that felt like rewriting the legislative bill again to address details not covered in the original law.
The last major challenge was identified when the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) conducted an evaluation of Colorado’s enforcement of its excavation damage prevention law in September 2019. Based on this evaluation, PHMSA determined that Colorado’s enforcement of its excavation damage prevention law was inadequate. Colorado law allows a home rule community to establish its own excavation damage prevention enforcement program, in lieu of participating in the excavation damage prevention enforcement program administered by the Colorado Division of Oil and Public Safety (CDOPS), PHSMA determined that for Colorado to meet the requirements of 49 CFR § 198.55(a), Colorado must designate an agency or other body as the authority responsible for enforcement of the excavation damage prevention law for the entire state.
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The Colorado Contractors Association decided to lead the effort to address PHSMA’s letter, determining that Colorado’s enforcement of its excavation damage prevention law was inadequate. They held stakeholder meetings that included facility owners, contractors, excavators, and Colorado 811, and the decision was made that a rewrite of the 811 law was needed. A previous attempt to rewrite the law approximately five years prior had failed, possibly because it did not include elements that were incorporated into the successful later bill. They secured bill sponsors and lobbied for the bill, including holding stakeholder meetings across the state to build support for the legislation changes.
In 2018, Colorado enacted Senate Bill 18-167, establishing two pivotal regulatory advancements aligned with best-practice Infrastructure Protection Coalition (IPC) standards: 3 — Balanced Enforcement and 4 — Third-Party Enforcement Board. The legislation created the Underground Damage Prevention Safety Commission, an independent 15-member enforcement body representing excavators, utility owners, local government, and Colorado 811 leadership, and empowered it to review alleged violations, develop best practices, and administer penalties.
Under this new structure, investigations now require complete documentation from all involved parties rather than relying solely on owner-submitted reports. The statute also mandated improved locating standards, clarified excavation notice requirements, eliminated Colorado’s former two-tier notification system, and required all facility owners to participate directly in the statewide notification system — strengthening transparency and aligning Colorado’s system with national enforcement models.
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Since implementing the Underground Damage Prevention Safety Commission, Colorado has seen measurable improvements in reporting participation, enforcement consistency, and shared accountability across the excavation ecosystem. Two examples that have shown reductions include the 2024 automatic positive re-notification percentage of ticket transmissions (APRRN) and a decrease in state-reported damages.
There has been an overall reduction in the automatic positive re-notification percentage of ticket transmissions in 2024 over 2023 by 3.5%.
Also, there has been a decrease in state-reported damages. A total of 3,560 underground facility damages were reported to the Common Ground Alliance (CGA) DIRT Tool for damages in 2023 in the State of Colorado; this represents an -18% decrease from 2022. The overall trend shown in the two charts below, reported Colorado underground facility damages captured in the CGA DIRT Tool in 2023, decreased in both overall volume and per 1K ticket rate compared to the 2022 peak.
Conclusion
Colorado’s adoption of Balanced Enforcement and a Third-Party Enforcement Board mark a substantial shift toward transparency, uniform accountability, and prevention-focused compliance. Since implementation, the Underground Damage Prevention Safety Commission has processed complaints, issued fines and training requirements, and continued refining best practices—strengthening enforcement consistency statewide. For example, in 2024, the Commission assessed fines, training, or alternative remedial actions in multiple cases, demonstrating the system’s active role in influencing behavior and improving compliance outcomes.
These reforms also align closely with other key Infrastructure Protection Coalition recommendations, including #5 Standardized Minimum Notification Time, #6 Effective Penalty Structure, #9 Positive Response Requirement, and #10 Excavation Site Accurate Description. As excavation activity continues across broadband and infrastructure upgrades, Colorado’s framework now functions as a leading model for modern dig law governance—one built on shared responsibility, accurate reporting, and independent oversight. (Download a pdf of this study.)
Jay Rendos is a consultant with Continuum Capital, which provides management consulting, training, and investment banking services to the worldwide energy, utility, industrial, and infrastructure construction industry. Jay brings over thirty years of experience and works primarily with gas/electric utilities, power generators, pipeline companies, and energy companies to support the planning, design, construction, and operation of capital assets. He is a recognized expert in both natural gas utility construction, operations, and maintenance along with power generation facility construction and operations including very specialized experience in reduced and no carbon emission facilities powered by natural gas, nuclear, or renewable sources. Jay can be reached at (630) 981-4612 or