Like a few other industries, recyclers in California have found that our state laws can sometimes place law-abiding operators at a distinct competitive disadvantage. And it’s easy to see how. Simply put, a metal thief is not likely to take stolen material to a business operator that is going to take his picture and fingerprints, along with the other state mandates. He or she will undoubtedly take the material to a business which thumbs its nose at the state. Metal theft criminals know exactly which recyclers are willing to look the other way when it comes to making a profit. Hence, the uneven playing field.
But Governor Brown now has an opportunity to show California he is serious about reducing metal theft. While AB 841 was able to make it to his desk, it wasn’t with strong bi-partisan support. To the contrary, SB 485 made it to the Governor’s desk with only one no vote in the Assembly and without opposition in the Senate. The near unanimous approval of SB 485 did not come without concerns being expressed by industry leaders, particularly related to the cost of the enhanced inspections. However, the industry put their support behind SB 485, which will in fact help reduce the incidents of metal theft and ensure a business environment that promotes fair and open competition.
Simply put, if the Governor and legislature wants to deter metal theft in California, we have to go after those recyclers who enable criminal activity to take place through their business. If the state continues to focus its attention on compliant operators, the end result will just be more illegal business headed elsewhere. Ask any reputable recycler – they know which operators abide by state laws and those who don’t – which means criminals do as well.
For too long Sacramento has talked about tackling the issue of metal theft, but now Governor Brown has an opportunity to actually make a difference. Will California pile another requirement on law-abiding businesses by requiring them to mail payment to their customers and thereby increasing the cost of doing business, or will this time be different? Will California actually go after the bad guys?
Governor Brown needs to veto AB 841, and sign SB 485.
Todd Priest, Vice President of Curt Pringle and Associates, a public affairs firm based in Orange County.