New York State Finally Moving— Slowly— to Regulate Lithium-Ion Batteries for E-Bikes

By any measure, the statistics are horrific and infuriating: in 2023 alone, according to the FDNY, uncertified lithium-ion e-bike batteries sparked 268 fires, leading to 150 injuries and 18 deaths citywide, including eight in Manhattan. Four died in a single blaze in Chinatown.

The most recent lithium ion fire death in Manhattan killed 27-year-old journalist Fazil Kahn in Feb. when a number of e-bike batteries that were charging on the third floor of the apartment where he lived on St. Nicholas Place in Harlem exploded. The FDNY had to use a dangerous rope roof rescue to extract three other civilians who were trapped on the fifth floor by the conflagration. Aside from the fatality, 18 people were injured.

Laws regulating the batteries are slowly taking hold. Last year, the city council passed a bill introduced by Council member Keith Powers that enacted a swap program whereby e-bike users could swap their cheap uncertified lithium ion batteries that officials say are the cause of most of the fires, for more expensive UL approved batteries. And Mayor Eric Adams pledged a crack down on dangerous e-bike drivers after Rabbi Michael Miller suffered a broken leg after he was struck by an e-bike on E. 77th St. and Third Ave.

Now the state is finally taking new action as well. Assemblyman Chris Eachus recently had two of his e-bike battery safety bills passed on May 22 and June 3 that will inform the public on how to best use the lithium-ion batteries.

The danger has long been apparent. “It would be more accurate to describe them as explosions, rather than fires,” FDNY Commissioner Laura Kavanaugh said last summer. “When one of these batteries fails, there’s a tremendous volume of fire.” She is pushing for a tough new national standard, but Congress has yet to act.

The explosive fires are typically caused by overcharging or overheating the batteries or throwing them in the trash instead of a recycling bin.

Since there are over 40,000 consumer products that contain lithium-ion batteries, its makes regulating the cheaper non-UL approved batteries very difficult.

The city passed a law banning the use of non UL approved lithium-ion batteries in September 2023, with penalties for retailers who peddle the cheaper non certified brands. But a recent report found that megastore retailers including Target, Best Buy and Amazon, as well as small e-bike shops were quick to blow off the city’s ban on selling the non approved batteries, The City news service reported recently.

“Since the law banning the selling of lithium-ion batteries came into place, the New York City Department of Consumer and Worker Protection performed over 500 inspections and issued over 150 summonses to brick-and-mortar retailers, along with 40 cease-and-desist letters to online retailers through March,” according to The City

“In many cases shop owners appear undeterred by the law, openly selling uncertified devices and storing and charging them in illegal unsafe conditions—even after being repeatedly cited for breaking the law,” The City report found.

Chris Eachus, a Democratic Assemblyman from Orange County, recently had two battery safety bills passed onto the senate.

One bill introduced by Chris Eachus, a Democratic Assemblyman from Orange County passed on May 22, requiring the placement of a red tag instructing users to unplug the chargers when not in use, to get rid of overcharging batteries.

Another bill passed the Assembly on June 3, would bar e-bikes, electric assist and other micro-mobility devices from both driving on sidewalks and on streets with a speed limit of over 30 MPH. Eachus said his hope here is to limit dangerous accidents involving pedestrians— and keep them off highways with speed limits over 30 MPH.

“I am proud that these safety measures have been duly recognized by the legislature, and that my bill, alongside many of my colleagues, have passed through this session,” Eachus told Straus News.

“As we continue towards clean-energy transportation alternatives, it is of the upmost importance that we inform consumers on how to properly use these devices and react in emergencies. Lithium-ion batteries present new and exciting technological advancements, but they in turn require new education and emergency awareness as they are more widely adopted.”

Eachus believes that another one of his bills has a “very real chance” of moving to the legislature this year. That bill would make it so retail sites and storage facilities use proper safety measures, such as battery cases, fireproof containers, and Class B extinguishers, when storing their EV devices to ensure minimum damage if a fire occurs.

“The hope is that this session is just the beginning of us addressing the very real need for safety measures for electric vehicles,” Eachus told Straus News. “Further adoption and infrastructure expansion will only exacerbate the need for protections and proper safety protocols.”

“The top priority here is not to limit access to these next generation vehicles and modes of transportation or make it tougher to do business in this space, but rather to ensure that they are of the highest standards of safety, and that we, as a state, are prepared for the changes ahead,” Eachus in response to brick-and-mortar companies’ best interest of keeping their batteries.

“Everyone deserves a safe, clean and accessible way to travel. The measures taken by these bills only seek to ensure that our citizens are kept safe, and that this new generation of technology can thrive.”

The bills would require the approval of Gov. Hochul, which is expected to come over the summer.