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New York’s New Legislation on Lithium-Ion Batteries: A Step Forward in Fire Prevention and Community Risk Reduction

Writer: Tim SpearsTim Spears


On July 11, 2024, Governor Kathy Hochul signed a series of legislative measures designed to promote the safe use of e-bikes and lithium-ion batteries in New York State. This legislative package aims to address the growing safety concerns associated with lithium-ion batteries and micro-mobility devices, which have become increasingly popular. This blog post explores the public safety implications, the preparedness of first responders, and the responsibilities placed on retailers by this new legislation.




Summary of the Legislative Package


The legislative package includes several key components:


  1. Prohibition of Substandard Lithium-Ion Batteries: Legislation S.154-F/A.4938-D prohibits the sale of lithium-ion batteries that are not certified by an accredited testing laboratory, aiming to reduce the risk of fires and accidents caused by faulty batteries (New York State Assembly, 2024a).

  2. Safety Resources and Protocols: Legislation S.8743/A.9338 directs state agencies to develop and maintain safety resources and protocols related to fire hazard prevention for lithium-ion batteries and micro-mobility devices (New York State Assembly, 2024b).

  3. First Responder Training: Legislation S.8742/A.9337 mandates the creation of training for first responders to effectively handle incidents involving lithium-ion batteries (New York State Assembly, 2024c).

  4. Retailer Responsibilities: Legislation S.7503-B/A.01910-B requires retailers to provide operating manuals for devices powered by lithium-ion batteries, ensuring consumers are well-informed about safe usage (New York State Assembly, 2024d).

  5. Accident Reporting: Legislation S.9419/A.7628-A requires detailed reporting of accidents involving e-bikes and e-scooters, enhancing data collection and safety analysis (New York State Assembly, 2024e).

  6. Safety Tags and Notices: Legislation S.7760-A/A.8102-A and S.7744-D/A.8310-C require safety tags on charging cords and notices on devices to inform users of proper safety practices (New York State Assembly, 2024f, 2024g).


Public Safety and Consumer Awareness


The new legislation underscores the importance of public safety by setting standards for lithium-ion batteries. Substandard batteries pose significant risks, including fires and explosions, which can lead to severe injuries or fatalities. By prohibiting the sale of these batteries, New York aims to mitigate these risks and protect its residents.


Why Lithium-Ion Battery Safety Matters:


  • Common Usage: Lithium-ion batteries are prevalent in devices such as e-bikes, smartphones, and laptops. Their high energy density and ability to be recharged make them popular choices for portable electronics and electric vehicles.

  • Hazards: Faulty batteries can overheat, leading to thermal runaway, fires, and explosions. This can occur due to manufacturing defects, damage, overcharging, or exposure to high temperatures. These incidents can cause significant property damage and pose serious safety risks to individuals.

  • Thermal Runaway: This is a chain reaction within the battery that leads to rapid increases in temperature and pressure, potentially resulting in fire or explosion.

  • Chemical Burns and Toxic Fumes: In the event of a battery fire, the release of toxic fumes and chemicals can cause respiratory issues and chemical burns, compounding the physical danger.

  • Smoke Hazards: The smoke from lithium-ion battery fires contains particulates that can attach to personal protective equipment (PPE), making it difficult to remove and posing long-term health risks to first responders.

  • Environmental Impact: Improper disposal of lithium-ion batteries can lead to environmental contamination, as the chemicals inside these batteries are hazardous.


How the Bills Address These Hazards:


  • Prohibition of Faulty Batteries: By banning the sale of substandard batteries, Legislation S.154-F/A.4938-D aims to eliminate the primary source of these hazards. Ensuring that all batteries are certified by an accredited testing laboratory such as Underwriters Laboratories will significantly reduce the incidence of battery-related fires and explosions (New York State Assembly, 2024a).

  • Enhanced Consumer Awareness: Retailers must provide operating manuals and safety instructions (S.7503-B/A.01910-B), educating consumers on proper usage and storage to prevent accidents. These manuals will include guidelines on avoiding overcharging, proper disposal methods, and tips for identifying potential battery issues (New York State Assembly, 2024d).

  • Safety Protocols: The development of comprehensive safety resources and protocols (S.8743/A.9338) ensures that consumers have access to information on preventing battery-related fires. These protocols will guide users on safe charging practices, storage solutions to avoid exposure to high temperatures, and steps to take if a battery shows signs of failure (New York State Assembly, 2024b). While these elements are not specifically stipulated in the legislation, they are essential recommendations for enhancing overall safety.


First Responder Preparedness


Equipping first responders with the necessary training and resources is crucial for effectively managing emergencies involving lithium-ion batteries. The mandated training materials will enhance their ability to respond to incidents safely and efficiently, ultimately saving lives and property.


Key Training Recommendations:


While the legislation mandates the creation of training materials for first responders, it is important they include:


  • Identifying Battery Fires: Recognizing the unique characteristics of lithium-ion battery fires, which can be more challenging to extinguish than other types of fires.

  • Proper Extinguishing Techniques: Training on the use of specific fire extinguishing agents, which are effective against lithium fires.

  • Safety Protocols: Guidelines for handling and disposing of damaged batteries to prevent secondary incidents.

  • Smoke Hazards: Understanding the risks associated with smoke from lithium-ion battery fires, including the potential for particulates to contaminate PPE, making it difficult to decontaminate and posing long-term health risks.


How the Bills Enhance Preparedness:


  • Mandated Training: Legislation S.8742/A.9337 requires the creation of specialized training materials for first responders, ensuring they are well-equipped to handle lithium-ion battery incidents. (New York State Assembly, 2024c).

  • Resource Development: Safety resources and protocols developed under S.8743/A.9338 should provide first responders with the necessary tools and information to manage these emergencies effectively. This will include access to updated information on battery technology and associated risks (New York State Assembly, 2024b).


Retailer Responsibilities


Retailers play an important role in ensuring consumer safety by providing comprehensive operating manuals and affixing safety tags and notices on products. These measures educate consumers on the safe use, charging, and storage of lithium-ion batteries, reducing the likelihood of accidents. By doing so, retailers contribute significantly to community risk reduction and fire prevention.


Retailer Guidelines:


As required by the legislation, retailers must:

  • Include detailed operating manuals with every sale.

  • Attach red safety tags on charging cords to remind users to unplug when not in use.

  • Display prominent notices advising users to follow traffic laws and yield to pedestrians.

Role of Retailers in Community Risk Reduction and Fire Prevention:


By ensuring that consumers are well-informed about the products they purchase, retailers help reduce the risk of accidents and fires associated with lithium-ion batteries. This proactive approach not only protects individual consumers but also enhances overall community safety.


  • Educating Consumers: Through operating manuals and safety notices, retailers educate consumers on the correct use and maintenance of lithium-ion batteries. This includes guidance on proper charging, storage, and disposal, which are critical to preventing battery fires.

  • Promoting Safe Practices: Safety tags on charging cords serve as constant reminders for consumers to unplug devices when not in use, reducing the risk of overheating and subsequent fires.

  • Contributing to Fire Prevention: By adhering to these guidelines, retailers help mitigate potential hazards before they escalate into emergencies. Their role in disseminating safety information and ensuring compliance with safety standards is vital for fire prevention and community risk reduction.


How the Bills Regulate Retailers:


  • Operating Manuals: Under S.7503-B/A.01910-B, retailers must provide customers with operating manuals that include safety instructions, ensuring consumers are well-informed (New York State Assembly, 2024d).

  • Safety Tags: Legislation S.7760-A/A.8102-A mandates that charging cords have red tags reminding users to unplug them when not in use, reducing fire risks from unattended charging (New York State Assembly, 2024f).

  • Notices on Devices: S.7744-D/A.8310-C requires retailers to affix notices on e-bikes and micro-mobility devices, educating users on safe operation and adherence to traffic laws (New York State Assembly, 2024g).


List of Retailer Requirements:


  1. Provide operating manuals with safety instructions.

  2. Affix red safety tags on charging cords.

  3. Display safety notices on e-bikes and micro-mobility devices.


New York’s legislative measures represent a significant step forward in fire prevention and community risk reduction. By addressing the hazards associated with lithium-ion batteries and promoting consumer awareness, first responder preparedness, and retailer responsibility, these laws aim to create a safer environment for all New Yorkers. As e-bike adoption continues to grow, it is imperative that we all stay informed and practice safe usage of these devices to prevent future tragedies.


References:


  • New York State Assembly. (2024a). Bill S.154-F: Prohibition of Substandard Lithium-Ion Batteries.

  • New York State Assembly. (2024b). Bill S.8743: Development of Safety Resources and Protocols.

  • New York State Assembly. (2024c). Bill S.8742: First Responder Training.

  • New York State Assembly. (2024d). Bill S.7503-B: Retailer Operating Manuals.

  • New York State Assembly. (2024e). Bill S.9419: Accident Reporting.

  • New York State Assembly. (2024f). Bill S.7760-A: Safety Tags on Charging Cords.

  • New York State Assembly. (2024g). Bill S.7744-D: Safety Notices on Devices.

  • Governor Hochul Signs Legislation to Encourage the Safe Use of E-Bikes and Lithium-Ion Batteries and Protect New Yorkers. (2024, July 11).

 
 
 

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