SENATE BILL REPORT
SSB 5542
As Passed Senate, February 27, 2023
Title: An act relating to preventing the destruction of electric vehicle supply equipment.
Brief Description: Preventing the destruction of electric vehicle supply equipment.
Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Wilson, J., Rolfes, Fortunato, Shewmake, Hunt, Wilson, C., Cleveland, Lovick, Valdez, Padden, Gildon, Braun, Lovelett, Nguyen, Salomon and Wilson, L.).
Brief History:
Committee Activity: Law & Justice: 2/07/23, 2/09/23 [DPS].
Floor Activity: Passed Senate: 2/27/23, 48-0.
Brief Summary of First Substitute Bill
  • Expands the definition of commercial metal property to include components of electric vehicle supply equipment made available for commercial or public use.
SENATE COMMITTEE ON LAW & JUSTICE
Majority Report: That Substitute Senate Bill No. 5542 be substituted therefor, and the substitute bill do pass.
Signed by Senators Dhingra, Chair; Trudeau, Vice Chair; Padden, Ranking Member; Kuderer, McCune, Pedersen, Salomon, Torres, Valdez, Wagoner and Wilson, L..
Staff: Kevin Black (786-7747)
Background:

Scrap metal businesses, scrap metal processors, scrap metal recyclers, and scrap metal suppliers are regulated to provide protections against theft of private metal property, nonferrous metal property, and commercial metal property. These businesses must create an accurate and legible record of any transaction involving such metals which records the time and date of each transaction and identifying information concerning the seller and the seller's vehicle. Entities who sell metal to these businesses must have current government-issued picture identification. Upon request, these businesses must share these records with law enforcement. Businesses which have good cause to believe that private metal property, nonferrous metal property, or commercial metal property has been stolen have an obligation to promptly report this fact to law enforcement. 

 

State law defines commercial metal property as including utility access covers; street light poles and fixtures; road and bridge guardrails; highway or street signs; water meter covers; traffic directional and control signs; traffic light signals; any metal property marked with the name of a commercial enterprise, including but not limited to a telephone, commercial mobile radio services, cable, electric, water, natural gas, or other utility, or railroad; unused or undamaged building construction materials consisting of copper pipe, tubing, or wiring, or aluminum wire, siding, downspouts, or gutters; aluminum or stainless steel fence panels made from one inch tubing, forty-two inches high with four-inch gaps; aluminum decking, bleachers, or risers; historical markers; statue plaques; grave markers and funeral vases; or agricultural irrigation wheels, sprinkler heads, and pipes. 
Summary of First Substitute Bill:

The definition of commercial metal property is expanded to include components of electric vehicle supply equipment made available for commercial or public use.
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony on Original Bill:

The committee recommended a different version of the bill than what was heard.  PRO: The reason for this bill is that when I drive my electric vehicle, I am grateful the charging cord is still there. There will be 20 million charging ports by 2030. Charging ports have aluminum and copper, which are attractive targets for theft. The transportation network must be protected. The change in law will require the buyer of the scrap metal to take a higher level of interest in the seller's right to sell the material.
Persons Testifying: PRO: Senator Jeff Wilson, Prime Sponsor; Brad Tower, Schnitzer Steel.
Persons Signed In To Testify But Not Testifying: No one.