Metal Theft Legislation Hurdles

Metal Theft Legislation Hurdles

Metal theft continues to plague utilities, construction sites, and commercial properties across the nation. “The U.S. Department of Energy has estimated that metal theft costs U.S. businesses around $1 billion a year.” (1,2) For businesses, this means more than just replacing stolen materials—it means operational disruptions, safety hazards, and skyrocketing insurance premiums. 

While legislative solutions are evolving, they move at a frustratingly slow pace. Read the full White Paper, “The Legislative Hurdles & the Timeline to Prevent Metal Theft” here or continue below for a brief recap of what you need to know about the current landscape and what you can do right now to protect your assets. 

The Legislative Patchwork 

Current metal theft legislation varies widely across jurisdictions: 

  • Federal level: Some protections exist through the Critical Infrastructure Protection Act provisions (3), which include commercial facilities and critical manufacturing as protected infrastructure sectors 

  • State level: All 50 states have some form of scrap metal theft laws, with varying requirements for documentation, seller identification, holding periods, and payment restrictions 

Some approaches have shown promise. Ohio implemented Senate Bill 193 in 2012 (4), creating a comprehensive metal theft prevention system including a statewide registry of scrap metal dealers and electronic reporting requirements. Texas has also implemented a coordinated approach through various statutes, establishing metal theft task forces and mandatory reporting systems (5). 

The scrap metal industry itself has implemented some self-regulation through the Institute of Scrap Recycling Industries (ISRI), which has developed best practices including ScrapTheftAlert.com (a nationwide alert system), verification systems with advanced documentation requirements, material tagging initiatives, and staff training programs (6). 

Why You Can't Just Wait for Better Laws 

While robust legislation is essential for long-term solutions, the reality is that businesses face significant challenges when relying solely on regulatory approaches: 

  • Time: From introduction to implementation, comprehensive legislation typically takes 1-3 years for passage, plus additional time for regulation development and enforcement 

  • Enforcement gaps: Limited resources and jurisdictional complexities mean that even with strong laws, enforcement remains difficult 

  • Low prosecution rates: Even with strong laws on the books, limited law enforcement resources, jurisdictional complexities, difficulties in proving criminal intent, and the classification of these crimes as "property crimes" lead to relatively few convictions 

Practical Solutions You Can Implement Today 

Instead of waiting for perfect legislation, consider these immediate actions: 

Physical Security Measures 

  • In-Ground J Box Locking Covers: Robust, tamper-resistant covers that prevent unauthorized access while maintaining service accessibility for authorized personnel 

  • Plastic Downspout Nozzles: Replace valuable brass components with high-durability, UV-protected, anti-theft alternatives that maintain functionality without attracting thieves 

Collaborative Approaches 

  • Establish relationships with local law enforcement 

  • Participate in industry information-sharing networks 

  • Implement enhanced surveillance systems 

  • Create local business watch programs 

  • Educate employees about theft prevention 

Moving Forward 

The most effective approach combines advocacy for better legislation with immediate protective action. As industry professionals who have witnessed the impact of metal theft firsthand, we understand that waiting isn't an option when facing real threats today. 

Your metal theft prevention strategy should include: 

  1. Implementing immediate physical security measures  

  1. Supporting comprehensive legislative approaches 

  1. Encouraging scrap industry self-regulation 

  1. Building collaborative relationships with law enforcement and industry partners 

Ready to stop waiting and start protecting? Contact us to learn how our specialized security solutions can help safeguard your valuable metal components without disrupting operations. 

 

End Metal Theft is a leading provider of specialized anti-theft solutions designed by tradesmen for tradesmen. Our innovative products help utilities, contractors, property managers, and businesses prevent metal theft through practical, field-tested approaches. 

 

Sources: 

  1. Thieves Turn Copper Theft into Gold | National Insurance Crime Bureau. (2022). Nicb.org. https://www.nicb.org/news/blog/thieves-turn-copper-theft-gold 

  1. Dawson, D. (2024, November 26). Copper theft costs $1.5 to $2 billion annually: A growing crisis with severe consequences. Circleid.com. https://circleid.com/posts/the-high-price-of-copper-theft-a-growing-problem-with-costly-consequences 

  1. R-TX-10, M. T. (2025). H.R.3696 - 113th Congress (2013-2014): National Cybersecurity and Critical Infrastructure Protection Act of 2014. Congress.gov. https://www.congress.gov/bill/113th-congress/house-bill/3696?q=%7B%22search%22%3A%22Critical+Infrastructure+Protection+Act+provisions%22%7D&s=4&r=1 

  1. Ohio SB193 | 2011-2012 | 129th General Assembly. (n.d.). LegiScan. Retrieved March 11, 2025, from https://legiscan.com/OH/text/SB193/2011 

  1. Commercial Burglary and Metal Theft Unit | AustinTexas.gov. (2025). Austintexas.gov. https://www.austintexas.gov/department/commercial-burglary-and-metal-theft-unit 

  1. Morgan, V. (2024, July 24). Simple Steps Help Prevent Metals Theft at Recycled Materials Facilities – ReMA News. Remanews.org. https://www.remanews.org/simple-steps-help-prevent-metals-theft-at-recycled-materials-facilities/ 

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