Angelino, Blankenbush, Brown K, Gallahan, McDonough, Tague, Bailey
MLTSPNSR
Creates the commission on battery fire safety practices to evaluate the need for resources for police, volunteer fire departments and emergency medical services concerning health and safety best practices when responding to lithium-ion battery incidents.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6255
SPONSOR: Palmesano TITLE OF BILL:
An act in relation to creating the commission on battery fire safety
practices to evaluate the need for resources for police, volunteer fire
departments and emergency medical services concerning health and safety
best practices when responding to lithium-ion battery incidents
PURPOSE OR GENERAL IDEA OF BILL:
To establish the Commission on Battery Fire Safety Practices, which
shall be tasked with researching and making recommendations on the need
for resources for police, volunteer fire departments and emergency
medical services concerning health and safety best practices when
responding to lithium-ion battery incidents in New York State.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes legislative findings and intent.
Section 2 (a) Establishes the commission. (b) Establishes members and
their appointees and the timeframe in which appointments must be made.
(c) Prohibits compensation to commission members outside of expenses
pursuant to the work of the commission. (d) Outlines organizations that
the commission must consult, or attempt to consult with pursuant to the
scope, intent and subject matter of the commission. (e) Further outlines
the commission's authority.
Section 3. (a) Outlines the specific goals of the study. (b) Requires
the study to include an evaluation of health and safety risks to first
responders concerning lithium battery casualties at.energy-storage
facilities. (c) Requires the commission to hold at least three public
hearings in different appellate districts within the state. (d) Requires
the commission to submit a report detailing its findings, and to make
such report publicly available. (e) Requires that the commission
complete such study not later than 1 year following enactment.
Section 4 provides the effective date.
JUSTIFICATION:
The legislature finds that renewable energy mandates such as those codi-
fied in the Climate Leadership and Community Protection Act (CLCPA) are
driving policy decisions statewide without accounting for either the
costs of implementation or, in some cases, considerations of environ-
mental and personnel health and safety. Perhaps nowhere is this more
evident than in the state's push to purchase, procure and encourage
increased use of electric vehicles and the development of large-scale
energy storage facilities, both of which depend on lithium-ion batteries
to function effectively.
To date, despite CLCPA mandates and similar efforts, there has been
little or no consideration given to the potential health, safety and
environmental concerns associated with lithium-ion battery casualties,
especially their tendencies toward high-heat fires caused by "thermal
runaway" in the event of an automotive accident or other incident where
battery casings suffer damage. New York State is home to over 230,000
first responders, who are currently placed at risk through environ-
mentally and economically irresponsible mandates every time they respond
to an incident involving an electric vehicle or battery-based energy
storage. On August 20, 2021, General Motors issued a recall on all Chev-
rolet Bolt EV and EUV models from model years 2019-2022 because of
battery fire risks; this highlights the currency and extreme relevance
of making sure our first responders are properly trained and equipped to
respond to these types of casualties.
The legislature thus finds that the health and safety risks associated
with lithium-ion battery incidents need to be studied in detail, and
comprehensive best practices need to be developed, in order to protect
those who are at the forefront of the state's emergency response capa-
bilities. Toward this end, the legislature further recommends that no
purchase or procurement of electric vehicles or energy storage facili-
ties for any state purpose occur prior to the conclusion of the commis-
sion on battery fire safety practices, and the purchase of all necessary
equipment and training for all state first responder personnel based
upon such commission's recommendations.
PRIOR LEGISLATIVE HISTORY:.
A.9191 of 2022 - held for consideration in environmental conservation
A.5386 2023-2024, held for consideration
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be Determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6255
2025-2026 Regular Sessions
IN ASSEMBLY
February 27, 2025
___________
Introduced by M. of A. PALMESANO, ANGELINO, BLANKENBUSH, K. BROWN,
GALLAHAN, McDONOUGH, TAGUE -- read once and referred to the Committee
on Environmental Conservation
AN ACT in relation to creating the commission on battery fire safety
practices to evaluate the need for resources for police, volunteer
fire departments and emergency medical services concerning health and
safety best practices when responding to lithium-ion battery incidents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The legislature finds that
2 renewable energy mandates such as those codified in the Climate Leader-
3 ship and Community Protection Act (CLCPA) are driving policy decisions
4 statewide without accounting for either the costs of implementation or,
5 in some cases, considerations of environmental and personnel health and
6 safety. Perhaps nowhere is this more evident than in the state's push to
7 purchase, procure and encourage increased use of electric vehicles and
8 the development of large-scale energy storage facilities, both of which
9 depend on lithium-ion batteries to function effectively. To date,
10 despite CLCPA mandates and similar efforts, there has been little or no
11 consideration given to the potential health, safety and environmental
12 concerns associated with lithium-ion battery casualties, especially
13 their tendencies toward high-heat fires caused by "thermal runaway" in
14 the event of an automotive accident or other incident where battery
15 casings suffer damage. New York state is home to over 230,000 first
16 responders, who are currently placed at risk through environmentally and
17 economically irresponsible mandates every time they respond to an inci-
18 dent involving an electric vehicle or battery-based energy storage. The
19 legislature thus finds that the health and safety risks associated with
20 lithium-ion battery incidents need to be studied in detail, and compre-
21 hensive best practices need to be developed, in order to protect those
22 who are at the forefront of the state's emergency response capabilities.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06984-01-5
A. 6255 2
1 Toward this end, the legislature further recommends that no purchase or
2 procurement of electric vehicles or energy storage facilities for any
3 state purpose occur prior to the conclusion of the commission on battery
4 fire safety practices, and the purchase of all necessary equipment and
5 training for all state first responder personnel based upon such commis-
6 sion's recommendations.
7 § 2. (a) There is hereby created a commission to be known as the
8 commission on battery fire safety practices, hereafter referred to as
9 the "commission", which shall be tasked with evaluating the need for
10 resources for volunteer fire departments and emergency medical services
11 within the state concerning health and safety best practices when
12 responding to lithium-ion battery incidents.
13 (b) The commission shall consist of 13 members, 7 of which shall be
14 appointed by the governor, including the commissioner of the Division of
15 Homeland Security and Emergency Services who shall serve as the chair;
16 the Director of the Office of Fire Prevention and Control; the Director
17 of the Division of Building Codes and Standards; the commissioner of the
18 Department of Health or such commissioner's designee; the commissioner
19 of the Department of Environmental Conservation or such commissioner's
20 designee; the commissioner of the Department of Transportation or such
21 commissioner's designee; and the commissioner of the State Police. Addi-
22 tional members of the commission shall include 1 representative of a
23 local police department, 1 member appointed by the temporary president
24 of the senate, 1 member appointed by the speaker of the assembly, 1
25 member appointed by the minority leader of the senate and 1 member
26 appointed by the minority leader of the assembly. All appointments to
27 the commission shall be made within 90 days of the effective date of
28 this act.
29 (c) The members of the commission shall receive no compensation for
30 their services but shall be allowed their actual and necessary expenses
31 incurred in the performance of their duties pursuant to this act.
32 (d) The commission shall consult with, or attempt to consult with,
33 representatives from the following organizations regarding this study: a
34 designee from the Firemen's Association of the State of New York, a
35 designee from the New York State Association of Counties, a designee
36 from the New York commission of Mayors, a designee from the New York
37 State Association of Fire Chiefs, various towing companies, a designee
38 from the Association of Fire Districts of New York, a designee from the
39 Volunteer Fire Police Association of the State of New York, the County
40 Fire Coordinators Association of the State of New York and the New York
41 State Fire Marshal and Inspectors Association.
42 (e) The commission shall have the authority to conduct a study
43 concerning health and safety best practices for first responders when
44 responding to lithium-ion battery incidents and any other study the
45 commission deems necessary.
46 § 3. (a) The study shall evaluate health and safety best practices for
47 first responders within the state when responding to lithium-ion battery
48 incidents including, but not limited to:
49 (i) high-heat fires from the thermal runaway caused by battery damage,
50 such as that likely to be suffered during an auto accident. This shall
51 include, but shall not be limited to:
52 (1) equipment necessary to protect all first responders upon arrival
53 to the scene of a lithium-ion battery fire;
54 (2) equipment necessary to contain and control such fires; and
55 (3) regulations, policies and procedures necessary for traffic control
56 concerning auto accidents where an electric vehicle (EV) is involved.
A. 6255 3
1 (ii) health and safety concerns connected to environmental contam-
2 ination caused by the release of toxic or hazardous substances as a
3 result of battery damage, including specific health risks to first
4 responder personnel;
5 (iii) equipment, policies and procedures necessary for the safe
6 removal and storage of an EV from the scene of an accident;
7 (iv) estimates concerning a state fund designed to pay for any neces-
8 sary specialized equipment and training for all emergency first respon-
9 der personnel throughout the state;
10 (v) the estimated costs of replacing or renovating fire department
11 apparatus', vehicles, personal protective equipment, fire department
12 structures, recruitment and retention programs, training programs or any
13 other necessary expenses outlined in such report, and assessed at the
14 county level; and
15 (vi) any other issue or concern the commission deems necessary.
16 (b) The study shall evaluate health and safety risks, as well as
17 requirements for all police, volunteer fire departments, volunteer emer-
18 gency medical and volunteer fire police services within the state
19 concerning fires or other incidents involving large-scale energy storage
20 facilities containing lithium-ion batteries as a primary means of energy
21 storage. This evaluation shall include, but shall not be limited to:
22 (i) local emergency response plans;
23 (ii) equipment, training, policies and procedures necessary to contain
24 or control such large-scale thermal runaway events (fires) or other
25 incidents;
26 (iii) possible environmental contamination concerns surrounding the
27 release of battery materials into the air, soil or area water table,
28 including specific health risks to first responder personnel;
29 (iv) available large-scale evacuation plans in the event of a fire,
30 toxic release or other incident;
31 (v) coordination with federal resources for addressing large scale
32 thermal runaway events; and
33 (vi) any other issue or concern the commission deems necessary.
34 (c) The commission shall hold at least 3 public hearings within the
35 state, 1 in each of the following appellate districts: the second appel-
36 late district; the third appellate district; and the fourth appellate
37 district.
38 (d) The commission shall submit a written report to the governor, the
39 temporary president of the senate, the minority leader of the senate,
40 the speaker of the assembly and the minority leader of the assembly
41 detailing their findings. This report shall be made publicly available
42 on the division of homeland security and emergency services' website
43 within 30 days of being published.
44 (e) The commission shall conduct and complete such study no later than
45 1 year after the effective date of this act. The study shall include
46 recommendations that shall have the full force and effect of rule and
47 regulation for all state agencies.
48 § 4. This act shall take effect immediately.
