Concerning adding criminal offenses related to critical infrastructure components to criminal offenses involving commodity metals.
HB 26-1101 expands Colorado’s laws governing purchases and possession of commodity metals by adding a new focus on “critical infrastructure material.” The bill defines critical infrastructure broadly to include components used in communications, transportation, housing, electric vehicle charging stations, and public utilities when those components contain commodity metals such as copper, brass, bronze, or aluminum and their theft poses an imminent threat to life or physical safety. It also retains and updates existing rules for junk shops, salvage yards, secondhand dealers, and scrap purchasers that already apply to commodity metals and detached catalytic converters.
The bill requires buyers and dealers to keep detailed transaction records, verify seller identity, obtain sworn affidavits of lawful ownership, make records available to law enforcement or municipal code enforcement, and use scrap theft alert systems. It also restricts cash payments in certain transactions, generally requiring check payment or a photo-based payment process, and creates an exemption for purchases made under a written contract with the original source company. The bill adds new offenses for unlawful possession of critical infrastructure material and failure to report stolen critical infrastructure material, with penalties ranging from misdemeanors to felonies depending on the value involved.
In practical terms, the bill amends Colorado Revised Statutes section 18-13-111 and adds new definitions and enforcement provisions that broaden the state’s anti-scrap-theft framework. It affects junk shops, salvage yards, scrap dealers, recyclers, and similar businesses, while also giving law enforcement and municipal code enforcement greater access to records and a clearer reporting pathway when suspicious material is discovered. The act applies only to offenses committed on or after July 1, 2026.
The overall sentiment reflected in the bill text is strongly supportive of tougher enforcement, with the General Assembly declaring that thefts of commodity metals affect every community and that thefts involving critical infrastructure materials pose a significant threat to Colorado citizens. No committee transcript or vote record was provided, so there is no additional evidence of debate, opposition, or amendments beyond the bill text itself. Based on the language, the bill appears aimed at deterrence and public safety rather than loosening existing restrictions.
The main points of contention likely center on the compliance burden for scrap and salvage businesses, the expanded reporting and recordkeeping requirements, and the new criminal liability for possession or failure to report when critical infrastructure material is mixed with otherwise lawful loads. The bill also creates interpretive issues around when a buyer “knew or should have known” material was part of critical infrastructure, which could be important for enforcement and prosecution.
The bill amends Colorado’s scrap-metal regulation statute, C.R.S. 18-13-111, by adding a new category of protected material—critical infrastructure material—and by creating new crimes, reporting duties, and transaction rules tied to that material. It expands recordkeeping, identification, affidavit, payment, and inspection requirements for junk shops, salvage yards, recyclers, and dealers, and it authorizes law enforcement and municipal code enforcement access to transaction records. It also adds new misdemeanor and felony penalties for unlawful possession and failure to report stolen critical infrastructure material, while preserving existing commodity-metal and detached catalytic converter provisions.
The bill’s stated legislative findings and structure indicate a strong pro-enforcement, public-safety-oriented sentiment. The measure is framed as a response to widespread theft impacts and threats to infrastructure reliability and safety, and it was ultimately signed by the Governor. No committee testimony or vote data was provided, so there is no documented recorded opposition or split sentiment in the supplied materials.
Likely areas of contention include the expanded compliance obligations for scrap and salvage operators, especially the new affidavit, photo-record, alert-system, and reporting requirements. Businesses may also object to the broadened criminal exposure for possessing mixed loads containing critical infrastructure material and to the “knew or should have known” standard, which could create uncertainty in enforcement. Another possible point of debate is the breadth of the definition of critical infrastructure, which reaches communications, transportation, housing, EV charging, and utility systems.