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Attempting to crack down on metal theft

Legislation proposes to impose new mandates on scrap yards but would not increase penalties against those involved in thefts.

BUFFALO, N.Y. — As the price of scrap metal has risen, law enforcement officials say the number of thefts involving such material is on the increase as well.

While copper can fetch more than $5 a pound, some types of catalytic converters can command up to $500 due to the precious metals they contain according to local scrap dealers.

Whether it's copper being stripped from homes and buildings or catalytic converters ripped from cars, thieves often seek to cash in by taking their ill gotten goods to scrap yards.

Proposed bill

NYS State Senator Sean Ryan (D-Buffalo) held a news conference along with representatives of the scrap metal industry on Friday to discuss proposed legislation hoped to curb the thefts.

"It does a few things," Ryan told 2 On Your Side, describing the proposal requiring scrap yards to log the driver's license of those who bring them materials, record their license plates, and even video the customers when they drop off metals for cash.

If the legislation is passed as written, scrap yards and recycling facilities who fail to comply would face penalties. Niagara Metals in Cheektowaga already employs such measures, but apparently there are yards which do not.

"There could be fly by night companies out there, which are not members of our trade association, who are willing to look the other way," said Lawrence Schillinger, Compliance Counsel for the Recycled Materials Association (ReMa) Empire Chapter, which endorses the proposal.

"I think what these scrap dealers are worried about is that their competitors are not following the same rules that they are imposing on themselves," Ryan said. "So they want this to be sort of universal. The penalties against the thieves are sort of apparent, but we're making the penalties against the scrap yards higher."

At the same time, however, the legislation proposes no enhancement to penalties against the thieves who are actually stealing the materials.

"What law enforcement asked for, and they helped draft this, is they wanted to have more investigative tools," Ryan said.

While the measure may not prevent thefts or take more criminals off the streets, Batavia Police Chief Shawn Heubusch, who also currently serves as the President of the NYS Association of Chiefs of Police, does see value to the proposed mandates for scrap dealers in terms of catching thieves.

"Now we've created a lead," he said. "We've captured an ID, probably some video of that person coming or going, and now we can follow up on that."

Is it really that rampant?

According to Ryan the price of copper reached an all time high in 2024 and the US Department of Energy reports $1 billion in annual losses due to copper theft.

In a news release, his office claimed converter theft is rising at an "alarming rate," a claim Ryan repeated on Friday.

However, major insurers such as State Farm, are reporting a significant decrease in the theft of the devices based on the number of claims which they say have fallen considerably in the last two years, and by 74% in the last year alone.

Don't we already have a law?

Beyond establishing stricter standards for scrap metal recycling facilities in New York State and creating penalties for those which fail to comply with the regulations, Ryan's bill would require catalytic converters to be marked with a serial number for quick identification.

Last year Ohio Sen. JD Vance, who is currently the Republican candidate for vice president, introduced a law that would require new vehicles to have a Vehicle Identification Number stamped onto the converter to help law enforcement track stolen parts back to their owners while making the theft of a catalytic converter a federal crime.

However, while the Preventing Auto Recycling Thefts (PART) Act had bi-partisan support, it has yet to be passed by Congress.

In 2022 New York adopted its own Comprehensive Catalytic Converter Theft law, requiring new car dealers to supply a catalytic converter serial number etching kit and creating a statewide database to track the sale and recycling of catalytic converters at scrap yards.

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