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HB 1266

Criminal Offenses - As introduced, requires notice of the Class B misdemeanor of transferring dangerous materials to a metals recycling facility without first obtaining a signed written acknowledgment that the item has been transferred to be posted in a conspicuous location at each public entrance to the facility. - Amends TCA Title 36, Chapter 3, Part 6; Title 39; Title 40 and Title 55.

114th Regular Session (2025-2026) Introduced by Rick Scarbrough

Tennessee bill criminalizes transferring dangerous materials to recycling facilities without signed acknowledgment, requiring facilities to post notice of the misdemeanor offense.

P2C, caption bill, held on desk - pending amdt.
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Bill Summary · HB 1266

Legislative bill overview

HB 1266 creates a new Class B misdemeanor offense in Tennessee for transferring dangerous materials to metals recycling facilities without obtaining signed written acknowledgment from the facility. The bill requires prominent notice of this offense to be posted at public entrances of all metals recycling facilities.

Why is this important

Metals recycling facilities handle potentially hazardous materials including radioactive sources, medical devices, and industrial waste. This bill aims to establish a legal accountability mechanism to prevent dangerous or contaminated items from entering recycling streams where they could harm workers, contaminate recycled products, or create public health risks.

Potential points of contention

  • Definition clarity: The bill doesn't clearly define what constitutes "dangerous materials," potentially creating ambiguity about which items trigger the requirement and making enforcement inconsistent across facilities
  • Burden on recycling industry: Requiring signed acknowledgments for all dangerous material transfers could create administrative overhead for recycling businesses and may be impractical for high-volume operations
  • Criminal vs. civil remedy: Imposing criminal penalties rather than civil liability or administrative fines raises questions about proportionality and whether criminal charges are the appropriate enforcement mechanism
  • Notice effectiveness: Posting signs at facility entrances may not adequately inform the general public about the offense, particularly for individuals unfamiliar with recycling regulations

Compiled from official sources — confirm details with the bill’s official record.

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