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NY governor signs into law lithium-ion battery safety legislation

Published July 12, 2024

ALBANY, N.Y. (BRAIN) — New York Gov. Kathy Hochul on Thursday signed into law a legislative package to enhance lithium-ion battery safety standards that includes recognizing EN and UL testing standards.

The New York State Senate passed the legislation in late May; it will become law in 90 days.

"As e-bike adoption increases and battery technology continues to develop, I urge New Yorkers to be aware of safety best practices and to use their devices and chargers properly," Hochul said. "These laws underscore our commitment to help New Yorkers make educated, safe, smart choices with their purchases of products with lithium-ion batteries and how to best store and use them in order prevent any more tragedies from occurring."

Manufactured and Sale Standards of Lithium-Ion Batteries (S.154F/A.4938-D) would allow manufacturers to use ISO 17025, ISO 17065, or an OSHA-approved nationally recognized testing lab.

The New York City Council, facing the rising number of lithium-ion battery fires, passed legislation last year to require UL or similar certification. To be legally sold, rented, or leased in New York City, e-bikes need to meet UL 2849 or similar certification; batteries have to meet UL 2271.

Other bills passed include:

  • Legislation S.8743/A.9338 directs the state, in consultation with the Division of Homeland Security and Emergency Services and the New York State Energy Research and Development Authority, to develop and maintain safety resources, information, and protocols in regard to fire hazard prevention relating to, but not limited to, lithium-ion batteries, second-use lithium-ion batteries, bicycles with electric assist as defined in section 102-c of the vehicle and traffic law, mopeds, and micromobility devices.
  • Legislation S.8742/A.9337 requires the State Fire Administrator within the Office of Fire Prevention and Control of the Department of Homeland Security and Emergency Services to provide training materials for first-responders regarding emergency response to incidents involving lithium-ion batteries.
  • Legislation S.7503-B/A.01910-B requires retailers of micromobility devices, bicycles with electric assist and mopeds powered with lithium-ion batteries, and lithium-ion batteries intended for use in such devices or bicycles to provide customers with an operating manual.
  • Legislation S.9419/A.7628-A requires police and judicial officers investigating an accident with an e-bike or e-scooter that results in death or injury to make a report to the Department of Motor Vehicles, consistent with current requirements for motor vehicles and motorcycles. This legislation also requires police to investigate such incidents when they are made aware of them.
  • Legislation S.7703-B/A.8450-B requires mopeds to be registered by dealers at the point of sale, if they are to be used in the state.
  • Legislation S.7760-A/A.8102-A requires micromobility devices, mopeds, and bicycles with electric assist to have a red tag attached to the charging cord which states to unplug when not in use.
  • Legislation S.7744-D/A.8310-C requires retailers to affix a notice on any bicycles with electric assist and micromobility devices that states to always yield to pedestrians and follow traffic laws. This legislation also authorizes that any retail entity who violates the law may be penalized with a fine of no more than $250 per unit for the first offense and not more than $1,000 for each subsequent offense.

"As the use of these batteries continues to grow, so does the potential for more fires caused by them," said Division of Homeland Security and Emergency Services Commissioner Jackie Bray. "New York State Fire has trained nearly 5,000 firefighters statewide on lithium-ion battery emergencies, and we will continue to expand these educational tools that will save lives and property."

In February, Hochul announced the start of a safety campaign to raise awareness of consumer products that use lithium-ion batteries. The campaign includes display, search, and social media ads directed to consumers purchasing lithium-ion battery powered items like e-bikes and e-scooters.

Topics associated with this article: Electric bike