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Governor Hochul Signs Legislation to Promote Safe Use of E-Bikes and Lithium-Ion Batteries and Protect New Yorkers

Government and Politics

July 11, 2024

From: New York Governor Kathy Hochul

Legislation S.154-F/A.4938-D Prohibits the Sale of Lithium-Ion Batteries that Do Not Meet Manufacturing Standards

Legislation S.8743/A.9338 Directs State Agencies to Develop and Maintain Security Resources

Legislation S.8742/A.9337 Requires Training Materials for First Responders in Incidents Involving Lithium-Ion Batteries

Legislation S.7503-B/A.1910-B Requires Retailers to Provide Operating Manuals for Items with Lithium-Ion Batteries

Legislation S.9419/A.7628-A Requires Reporting After Electric Bicycle or Electric Scooter Accidents Resulting in Injury or Death

Legislation S.7703-B/A.8450-B Requires Dealers to Register Mopeds at Point of Sale

Legislation S.7760-A/A.8102-A Requires Micromobility Devices to Have Red Labels on Charging Cables Indicating They Should Be Disconnected When Not in Use

Legislation S.7744-D/A.8310-C Requires Retailers to Include a Notice on Electric Bicycles Instructing Retailers to Follow Traffic Laws and Yield to Pedestrians

Governor Kathy Hochul today signed a legislative package to raise awareness about the safe use of electric bicycles and products containing lithium-ion batteries and protect New Yorkers. As electric bicycles have grown in popularity, these new laws build on Governor Hochul’s number one priority of keeping New Yorkers safe both on and off the road.

“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 appropriately,” said Governor Hochul . “These laws underscore our commitment to helping New Yorkers make informed, safe and smart decisions when purchasing products with lithium-ion batteries and how to best store and use them to prevent further tragedies from occurring.”

S.154F/A.4938-D prohibits the sale of lithium-ion batteries used in micromobility devices, electric-assist bicycles, or mopeds unless such batteries are manufactured in accordance with certain standards and specifications. S.154F/A.4938-D establishes a civil penalty and authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek relief.

Legislation S.8743/A.9338 directs the Department of 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 regarding fire hazard prevention related to, but not limited to, lithium-ion batteries, second-use lithium-ion batteries, electrically assisted bicycles as defined in section one hundred two-c of the Vehicle and Traffic Law, mopeds, and micromobility devices.

S.8742/A.9337 requires the State Fire Administrator within the Department of Homeland Security and Emergency Services' Office of Fire Prevention and Control to provide training materials to first responders on emergency response to incidents involving lithium-ion batteries.

S.7503-B/A.01910-B requires retailers of micromobility devices, electric-assist bicycles and mopeds powered by lithium-ion batteries, and lithium-ion batteries intended for use in such devices or bicycles, to provide customers with an operating manual.

S.9419/A.7628-A requires law enforcement and judicial officers who investigate an accident involving an electric bicycle or electric scooter that results in death or injury to file a report with the Department of Motor Vehicles, consistent with current requirements for motor vehicles and motorcycles. S.9419/A.7628-A also requires law enforcement to investigate such incidents when they become aware of them.

Legislation S.7703-B/A.8450-B requires dealers to register mopeds 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 electric-assist bicycles to have a red label attached to the charging cord indicating that they should be unplugged when not in use.

S.7744-D/A.8310-C requires retailers to place a notice on any electric-assist bicycles and micromobility devices stating that they must always yield to pedestrians and follow traffic laws. This legislation also authorizes any retail entity that violates the law to be fined no more than $250 per unit for the first violation and no more than $1,000 for each subsequent violation.

Department of Motor Vehicles Commissioner and Chair of the Governor’s Traffic Safety Committee Mark JF Schroeder said, “I applaud the actions of the Governor and the Legislature to promote e-bike safety and raise awareness about the dangers of lithium-ion batteries. These are important steps to keep New Yorkers safe. Before purchasing an e-bike, familiarize yourself with everything you need to do to maintain it safely and prevent fires.”

Secretary of State Walter T. Mosley said, “Electric bicycles and other lithium-ion battery-powered products are becoming more widely used in our daily lives, but many consumers are unaware of the potential dangers they pose if not handled properly. It is critical that New York consumers understand how to safely use, charge, and store these products to help prevent accidents and injuries. These new laws not only establish necessary precautions, but will also help increase awareness and provide educational resources that can help keep New Yorkers safe.”

Assembly Speaker Carl Heastie said, “Too often here in New York we have seen the tragic effects of fires caused by lithium-ion batteries. These devastating fires and loss of life were preventable and this legislation will allow our safety standards to evolve to keep pace with changing technology. Enactment of these bills will help protect consumers, provide better training for first responders, and raise awareness about the potential dangers associated with these batteries.”

Assemblywoman Grace Lee said, “These bills are vitally important to protecting the safety and well-being of our communities. As e-bikes and scooters have become a more common mode of transportation, it is necessary that we pass common-sense regulations to protect the safety of New Yorkers and prevent devastating, preventable fires that cost people their homes, businesses, and lives. My district has been disproportionately affected by e-bike battery fires and other safety issues. So, I am especially grateful to Governor Hochul for signing these bills into law. Together we can create a safer environment for all New York residents and workers.”

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

New York State Energy Research and Development Authority President and CEO Doreen M. Harris said, “The manufacturing guidelines and standards adopted for electric mobility devices, such as electric bicycles or scooters, powered by lithium-ion batteries are essential to helping more consumers use clean, flexible, electric modes of transportation. Understanding safety requirements and protocols, information about purchasing, storage, and avoiding risks are ways we can work together to ensure New Yorkers maximize benefits and reduce exposure as we build a more sustainable future.”

State Senator Cordell Cleare said, “Lithium-ion battery fires have been rampant in Senate District 30 and I have been working diligently on crafting proactive solutions throughout the year. I commend Governor Hochul for signing this essential legislative package that includes three bills of which I am the proud First Sponsor. Starting today, New Yorkers will benefit from enhanced protections and informed interventions that will minimize and mitigate the likelihood of new fires by increasing safety, awareness, training, and outreach.”

State Senator Iwen Chu said, “Electric mobility assist devices are essential for New York’s workers, but the dangers posed by lithium-ion batteries have gone unchecked for too long and have led to too many fires in our communities. Today, we are taking an important step forward in protecting our communities by signing legislation to improve the safe use of lithium-ion batteries and street safety. These measures, including establishing clear instructions on charging cables and requiring retailers selling electric bikes to include notices about proper rules, will promote safer charging habits, raise awareness about street safety, and help prevent accidents.”

State Senator Brad Hoylman-Sigal said, “There are too many unlicensed mopeds on our streets and, worse, on our sidewalks. I have received more complaints about the dangers these mopeds cause than any other issue, which is why I hosted a symposium this spring at the Midtown Community Justice Center with government colleagues and stakeholders to seek policy solutions to the growing e-bike and moped problem. The legislation Governor Hochul signs today is a direct result of our symposium and will require mopeds to be registered and licensed at the point of sale, before leaving the premises of moped retailers. With this new law in place, more registered mopeds will mean easier enforcement of our traffic laws and safer streets.” “I thank the Governor, with whom I have had discussions on this issue, along with Senate Majority Leader Stewart-Cousins ??and my colleague Assemblymember Bores, for helping to get this bill passed and signed today.”

State Senator Liz Krueger said, “Micromobility devices are here to stay and their use continues to expand, so we must act quickly to ensure they are used in a responsible manner that does not put others at risk. Unsafe batteries are contributing to a serious threat to the health and safety of New Yorkers in their homes and at work, whether they are delivery drivers trying to make a living or residential tenants living next to a freight business that flies by at night. When a piece of equipment has the potential to cause so much harm, we simply cannot take a Wild West approach without any oversight. I thank Governor Hochul for signing these important bills into law today.”

State Senator Jeremy Cooney said, “Too often, poorly manufactured batteries harm e-scooter and e-bike riders and, in some instances, have cost people their lives. This is unacceptable. I commend Governor Hochul for signing my bill to require the safe use of lithium-ion batteries in e-scooters and e-bikes – a long-overdue standard for the safety of New Yorkers.”

State Senator Luis Sepulveda said, “Today’s legislative package is a critical step toward ensuring the safety and well-being of all New Yorkers. By addressing the risks associated with lithium-ion batteries, we are taking proactive steps to protect our communities, equip our first responders with the necessary training, and promote the safe use of these essential technologies. I applaud Governor Hochul for her leadership and dedication to this cause, and I am proud to support these vital initiatives.”

State Senator Brian Kavanagh said, “I am proud to support Governor Kathy Hochul and our colleagues in the legislature as we enact this crucial legislative package aimed at protecting New Yorkers and promoting the responsible use of electric bicycles and scooters, and the lithium-ion batteries that power them. With rapid and widespread adoption of these desirable and environmentally responsible modes of transportation, we must take steps to prevent accidents and tragedies and empower people to make informed choices that contribute to a safer, more sustainable future. Together, we can realize the potential of these innovative technologies while ensuring the well-being of our communities and preserving the environment for generations to come.”

Assemblymember Alex Bores said, “E-bikes are fast, but today we show that New York government is moving even faster. E-bike and moped use has increased in New York City. Our report last year found that an e-bike was 27 times more likely to cause a death than a regular bike. This package of common-sense bills will keep New Yorkers safer from fires and battery collisions. By requiring registration of mopeds at the point of sale and collecting data on e-bike collisions, we are making our streets safer and increasing accountability.”

Assemblyman Christopher W. Eachus said, “This legislation will save the lives of everyday New Yorkers. As a former physics teacher, I worked with lithium-ion batteries for years. I understand how dangerous they can be if not handled properly. Something as simple as placing a red tag on the charging cord as a reminder to unplug it when not in use can help prevent future deadly fires. I thank my colleagues in the legislature for passing this bill, and I thank Governor Hochul for signing this important piece of public safety legislation.”

Assemblymember Manny De Los Santos said, “Fire hazards caused by lithium-ion batteries have led to loss of homes, injuries, and loss of life due to a lack of information about proper use and a lack of safety standards. The resources and protocols produced by the Department of State under these new laws will allow consumers and providers to be more informed about the proper use of these batteries and the devices that power them. This information, along with the series of measures signed into law today by Governor Hochul, will help keep people and their homes safe.”

Assembly Member Jeffrey Dinowitz said, “Lithium-ion batteries are the leading cause of fire deaths in New York City. This legislation will go a long way toward addressing this horrific problem. I appreciate State Senator Liz Kruger’s work on our bill and thank Governor Hochul for signing this life-saving legislation.”

Assemblywoman Stefani Zinerman said, “Over the past two years, we have collaborated with the FDNY to raise awareness about the dangers of lithium batteries. Thanks to these efforts, New Yorkers now have the knowledge to protect themselves and their communities, safeguarding both commercial and residential properties. I thank my colleagues in government for their advocacy and partnership on this vital legislative package.”

Assemblymember Al Taylor said, “As a New York State legislator representing the 71st Assembly District, I am immensely proud to see our efforts come to fruition with Governor Hochul signing this crucial legislation into law. Our district, like many areas of New York City, has experienced numerous fires caused by lithium-ion batteries, highlighting the urgent need for this bill. This new law ensures that our emergency responders are equipped with the specialized training they need to protect our communities and improve public safety. This legislation represents a significant step toward improving public safety and underscores our commitment to proactive, forward-thinking solutions to the challenges we face. I am very pleased that we are signing this package of bills into law. I thank Governor Hochul for her support and dedication to safeguarding the well-being of all New Yorkers.”

Assemblywoman Nily Rozic said, “As Chairwoman of Consumer Protection, I am proud to have championed this package of bills that prioritizes micromobility safety and mitigates lithium-ion battery fire risks across New York. These bills represent a step forward in supporting public safety and sustainable transportation options, and I thank Governor Hochul for signing them into law.”

Assemblywoman Rebecca A. Seawright said, “Lithium-ion battery fires and careless use of electric vehicles pose deadly threats to our communities. With the signing of today’s legislative package, which I proudly co-sponsor, we will protect these growing technologies and demand responsible use by all New Yorkers. No one should be afraid to cruise through their own neighborhoods.”

Assemblywoman Deborah Glick said, “I was pleased that we were able to pass several bills this session that will protect pedestrians who are forced to be vigilant while riding around electric bikes and scooters, ensure the safety of those who rely on e-bikes for transportation, and require safe handling and use of lithium-ion batteries. Gray market batteries continue to pose a danger not only to riders but to all of us. We must all follow the rules of the road and do more to ensure the safety of those who could be inadvertently harmed by unregulated micromobility devices or the batteries that power them, and I applaud the Governor for signing this important package of legislation.”

Assemblyman Steve Otis said, “Thank you to Governor Hochul and her team for prioritizing these bills to alert consumers and improve the safety of lithium battery use. Risks to first responders and the public can be reduced by ensuring everyone follows proper use, storage, and charging practices so we can benefit from this emerging technology.”

Assemblywoman Jessica Gonzalez-Rojas said, “In my district, constituents have regularly reached out because there have been incidents involving e-bikes and mopeds, and they want to make our streets safer. Today, our state is taking several steps to not only signal to New Yorkers that we care about their safety, but to do things to make them safer. I am proud to have cosponsored several of these bills and thank my colleagues and advocates for getting them across the finish line and Governor Hochul for signing them into law. It is incumbent upon all of us to work together to keep our neighbors safe.”

Assemblymember Charles D. Fall said, “Over the past several months, we have witnessed numerous incidents involving these batteries that led to deadly fires in my district, including Staten Island and Lower Manhattan. I want to thank Governor Hochul for her leadership in signing these life-saving bills into law. These new measures will ensure safer standards and provide critical resources for first responders and consumers alike, significantly improving safety and saving lives.”

Assemblyman Steven Raga said, “It is imperative that our government respond to the consumer safety needs that arise when new technology becomes available to New Yorkers. Today’s package of bills is indicative of a responsive government and will keep New Yorkers safe through stronger consumer safety regulations and practices.”

Assembly Member David Weprin said, “I applaud Governor Hochul for signing these bills into law today that will protect New Yorkers. Too often we hear stories on the local news about fires originating from lithium-ion batteries causing damage, destruction, and sometimes loss of life. These new batteries need to be regulated so that residents can feel safe. New Yorkers should be protected and be able to feel safe at home.”

New York City Council Speaker Adrienne Adams said, “Deadly fires caused by lithium-ion batteries have taken an increasingly devastating toll on our communities and New Yorkers, underscoring the importance of advancing solutions at all levels of government. The enactment of this critical state legislation builds on the work of the City Council, which has taken decisive action to stop the fires and save lives. While more work is required to mitigate these preventable tragedies, we remain dedicated to working together to strengthen protections and safeguard all New Yorkers.”

New York City Council Member Gale A. Brewer said, “Lawmakers must remain focused on rider responsibility and battery safety as New Yorkers transition to e-bikes, scooters, and other legal micromobility devices. There are some legislative changes that only the state can make, so I thank the legislature and the Governor for passing and signing these much-needed laws into law. I am confident they will make a huge difference in New York City.”

New York City Council Member Rita Joseph said, “I remain deeply committed to the safety and well-being of our community and am proud to support this legislative package on lithium-ion batteries. These measures will ensure that only high-quality batteries are sold, provide crucial safety resources, and offer vital training for our first responders. By requiring operating manuals and improving crash reporting for electric bikes and scooters, we are taking important steps to protect New Yorkers. This comprehensive approach underscores our dedication and commitment to public safety and technological progress, making our streets and homes safer for everyone.”

New York City Fire Commissioner Laura Kavanagh said, “Lithium-ion batteries are a dangerous problem that we have worked tirelessly to address. We thank Governor Hochul and our state leaders for their collaboration on this issue. We implore New Yorkers to use best practices when it comes to these devices and to think about their safety, the safety of their families, their neighbors and first responders.”

New York City Police Department Commissioner Edward A. Caban said, “Many limited-use scooters and motorcycles not only pose a risk to pedestrians and other motorists when driven recklessly, they also decrease safety along New York City’s tourist and commercial corridors by facilitating chain snatches, armed robberies, and other types of violence. As the NYPD continues to remove record numbers of illegal motorized bicycles from our streets and sidewalks, this common-sense law will stop the problem right at the point of purchase, helping us fight crime and improve the quality of life for all New Yorkers.”

New York City Department of Transportation Commissioner Ydanis Rodriguez said, “Legal micromobility offers safe and convenient options for New Yorkers to get around the city. By banning uncertified batteries and requiring mopeds to be registered at the point of sale, we can help stop the spread of dangerous and illegal devices and reduce fires caused by unregulated equipment. We thank the Governor and our partners in the Legislature for their support.”

Uniformed Firefighters Association President Andrew Ansbro says, “The unprecedented rise in fires, serious injuries, and deaths due to unregulated or remanufactured e-bike batteries needs to be addressed. Governor Hochul’s new legislation banning the sale of lithium batteries that do not meet industry standards will protect the health, safety, and well-being of both New Yorkers and New York firefighters.”

These new laws build on the statewide “Buy Safe, Charge Safe” campaign that Gov. Hochul announced earlier this year to raise awareness about the dangers of lithium-ion battery fires. This multi-agency effort aims to educate consumers on how to properly purchase, use, charge and maintain devices with lithium-ion batteries and the potential dangers of improper use.