Missouri Gov. Kehoe Signs Damage Prevention Bill
Missouri Governor Mike Kehoe on July 14 signed SB133, intended to reduce the risk of damage to the state’s buried utility lines, the type of incident that caused the fatal April 9 explosion in Lexington. The bill adopts Common Ground Alliance (CGA) Best Practices for properly marking buried utilities in advance of digging.
CGA President and CEO and Damage Prevention Action Center (DPAC) Executive Director Sarah K. Magruder Lyle was in attendance at the Missouri State Capitol for the bill signing ceremony alongside Governor Kehoe and bill sponsors State Senator Travis Fitzwater and State Representative Josh Hurlbert.
The NTSB’s initial report determined the incident was caused in part by damage to an unlocated, unmarked buried natural gas line. The bill will significantly improve damage prevention practices to protect all Missourians.
CGA is the Washington, D.C.-based national association that publishes the underground infrastructure industry’s Best Practices for preventing damage to utility lines. According to CGA’s industry data, utility line locating issues are one of the top three contributors to underground damages, along with not contacting 811 call centers and excavation issues.
According to CGA’s data, Missouri suffers more than 3,000 incidents of damage to buried utilities each year — eight times each day, on average.
On the bill’s signing, Sarah K. Magruder Lyle offered the following statement:
“The State of Missouri has taken an important step forward today to help avoid future tragedies. By adopting CGA’s Best Practices, state leaders are helping protect Missourians from the risks of utility damage – from families and businesses to the essential workers who install and maintain these critical underground utilities. Preventing damage to buried utilities takes everyone doing their part, including utility facility owners, locators and excavators, and it relies upon the accurate mapping, locating and marking of these utilities. We applaud Governor Kehoe for signing SB133, and we thank Sen. Fitzwater and Rep. Hurlbert for sponsoring this important legislation that will save lives and prevent community and economic disruption.”
The changes will take effect in August and include:
- Defines damage prevention best practices as CGA Best Practices
- Improves 811 center leadership by including board directors from the construction industry
- Requires all buried utilities installed after August 28, 2025 to include detectable locating devices
- Limits damage liability for excavators if proper procedures were followed
- Expands presumption of negligence for failing to properly mark buried utilities
State Senator Travis Fitzwater, who co-sponsored the bill, added:
“The passage of SB133 marks a critical victory for public safety across Missouri. Working closely with industry experts and our communities, we’ve crafted legislation that directly addresses a persistent and dangerous problem: the damage to our buried utility lines. This bill will significantly reduce incidents that put lives at risk and disrupt essential services. It’s a testament to what we can achieve when we work together to prioritize the safety of every Missourian.”
State Representative Josh Hurlbert, House co-sponsor of the bill, noted:
“Line strikes cost time, money, and as we’ve seen too many times here in Missouri, lives. The modernizations included in SB133 codify national best practices here in Missouri to protect our citizens from the dangers inherent with digging around underground utilities. I’m happy all sides were able to come together and agree to pass this important legislation near-unanimously and I am grateful for Governor Kehoe’s support.”
Previous incident in Missouri: On April 9, an explosion destroyed the Lexington, Missouri, home of Jacob Cunningham and his children, killing his son Alistair Lamb. Earlier that day, a subcontractor laying fiber-optic cable struck an unmarked natural gas line. Although Missouri 811 had been properly notified prior to excavation, and utility operators including Liberty Utilities marked their utility lines, the company’s natural gas line remained unmarked. As Magruder Lyle noted in a Kansas City Star op-ed last month, this incident was “heartbreaking” yet “preventable.”
From the NTSB Report: “Liberty Utilities sent a locator to mark its assets by painting and flagging and reported that this work was finished on April 7. The location of the uncapped gas main section involved in the accident was not identified or marked during this process.”
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