Hochul signs bill that tightens lithium-ion battery safety rules after deadly fires

ALBANY — New York Gov. Kathy Hochul has signed eight bills aimed at regulating how lithium-ion batteries are sold, as well as increasing first responder training and consumer awareness about e-bikes and safe battery use.

The package of bills comes after lithium-ion batteries caused 268 fires in New York City last year, killing 18 people and injuring 150, Hochul said at a bill signing in Manhattan on Thursday.

Fires caused by lithium-ion batteries in scooters and e-bikes, or e-bikes, have occurred across the state, with a growing number in Nassau and Suffolk counties. In May 2023, a fire broke out at a 5-megawatt battery storage facility in East Hampton.

“Shoddy lithium-ion batteries have quickly become the most dangerous items in our city. Without warning, they can fail, overheat and catch fire,” Hochul said. She compared the batteries to grenades, saying they can explode, releasing “toxic gas and chemicals everywhere.”

The package includes a law prohibiting the sale of batteries and chargers that do not have a safety certificate issued by an accredited testing laboratory.

The regulations also require retailers to provide instructions for using lithium-ion batteries, as well as information advising consumers to obey traffic laws and yield to pedestrians. Mopeds and electric bikes must also have a red label attached to their charging cables advising users to disconnect the cable when not in use, along with other consumer safety information.

Retailers and manufacturers who fail to comply could be subject to civil penalties and fines ranging from $250 to $500 for a first violation and up to $1,000 for each subsequent violation.

The effective dates of individual provisions vary – some come into effect immediately, others after six months or a year.

Many electric bikes and other mobility devices use a lithium-ion battery that contains a flammable electrolyte solution that allows electric current to flow. Under certain conditions, such as when overcharged, the batteries can generate more heat than can be dissipated, causing high temperatures, fires, smoke and, in some cases, explosions, experts say.

Last year, four people died in an electric bike shop in Manhattan’s Chinatown. Investigators said the deaths were caused by a lithium-ion battery explosion that caused a fire that spread to apartments on the upper floors.

The new rule package also requires the state to create safety resources and protocols to prevent fire hazards associated with lithium-ion batteries and hazardous materials emergency response training for incidents involving lithium-ion batteries to better prepare firefighters in the event of a battery-related fire.

The package also included provisions requiring the reporting of accidents involving electric bikes and scooters, as well as the registration of mopeds at points of sale.

This data will be used to develop informed policy and future legislation regarding e-bikes and mopeds, Hochul said.

The state legalized e-bikes in 2020, expanding economic and recreational opportunities and contributing to the state’s climate goals, but it comes at a price, Assemblyman Alex Bores (D-Manhattan), who sponsored two bills, said Thursday. “This package of common-sense bills will keep New Yorkers safer from battery fires and collisions,” he said.