Provides that NYSERDA shall establish a program to provide rebates or new lithium-ion batteries for powered mobility devices at reduced cost or no cost to certain individuals; sets standards for lithium-ion batteries provided pursuant to the program; requires NYSERDA to submit an annual report on such program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6811C
SPONSOR: Tapia TITLE OF BILL:
An act to amend the public authorities law, in relation to establishing
a lithium-ion battery safety program
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to establish a safety program to
provide new lithium-ion batteries at reduced cost or no cost to eligible
individuals.
SUMMARY OF PROVISIONS:
The first section of the bill establishes the Lithium-ion battery safety
program by adding a new subdivision 27 to section 1854 of the public
authorities law. It provides definitions for "lithium-ion battery,"
"powered mobility device," and "accredited testing laboratory."
Further, it provides that New York State Energy and Research Development
Authority (NYSERDA), in collaboration with the department of environ-
mental conservation and any other appropriate agency, shall establish a
program to provide new lithium batteries at reduced cost or no cost to
eligible individuals, which may include provision of new lithium
batteries in exchange for used lithium-ion batteries. The second
section sets forth the effective date.
JUSTIFICATION:
Lithium-ion batteries (LIBs) have become increasingly popular over
recent years thanks to their powerful energy outputs and manageable
sizes. There are hardly any New Yorkers remaining who wouldn't be using
a LIB in their day-to-day activities. For workers who use e-bikes to
make their living, LIBs have become a staple of their lives. However,
despite their efficiency, we must work to limit the dangers associated
with LIBs. Specifically, as a result of faults in the structure of LIBs
and their chargers, we've begun seeing a trend of the batteries over-
heating and exploding into flames. Since January 2021 to early December
2022, the city's fire department attributed 202 fires, 142 injuries, and
six deaths to such batteries, including one in August 2022 that report-
edly killed a 5-year-old. To prevent any more senseless harm, this bill
would create a sustainable lithium-ion battery exchange program. This
program will create a new future of safe batteries that are more econom-
ically and widely available to all, but especially those who depend on
them for their livelihood. Delivery workers, most of whom are low-income
immigrants, rely on their e-bikes to make a living. Workers take home
just $7.09 per hour on average, excluding tips, so cheaper, second-hand
batteries are often more attractive to them. Over 65,000 of New York's
food delivery workers rely on e-bikes, most of which run on cheaper
lithium-ion batteries that have been linked to fires and injuries. The
problem is that certified-safety batteries tend to be more expensive
than uncertified ones, and many find it difficult to afford a safer
battery, which can cost $1,000 or more. But earning a living and safety
shouldn't have to be mutually exclusive for delivery employees.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6811--C
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. TAPIA, DINOWITZ, SEAWRIGHT, ARDILA, COLTON, DAVI-
LA, HYNDMAN, FAHY -- Multi-Sponsored by -- M. of A. AUBRY -- read once
and referred to the Committee on Governmental Operations -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Governmental
Operations in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to establishing
a lithium-ion battery safety program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1854 of the public authorities law is amended by
2 adding a new subdivision 27 to read as follows:
3 27. Lithium-ion battery safety program. (a) For purposes of this
4 subdivision, the following terms shall have the following meanings:
5 (i) "Lithium-ion battery" means a storage battery in which an elec-
6 trical current is generated by lithium ions embedded in a carbon
7 graphite or nickel metal-oxide substrate placed in a high-viscosity
8 carbonate mixture or gelled polymer electrolyte.
9 (ii) "Powered mobility device" means a bicycle with electric assist as
10 defined by section one hundred two-c of the vehicle and traffic law, an
11 electric scooter as defined by section one hundred fourteen-e of the
12 vehicle and traffic law, a limited use motorcycle as defined by section
13 one hundred twenty-one-b of the vehicle and traffic law, which is
14 powered wholly or partially by an electric motor, an electrical personal
15 assistive mobility device as defined in section one hundred fourteen-d
16 of the vehicle and traffic law or other personal mobility device
17 equipped with a lithium-ion or other storage battery, including but not
18 limited to, a skateboard, unicycle, or other similar wheeled device.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10788-06-4
A. 6811--C 2
1 (iii) "Accredited testing laboratory" means a nationally recognized
2 testing laboratory as recognized by the federal occupational safety and
3 health administration or an independent laboratory that has been certi-
4 fied by an accrediting body to ISO 17025 or ISO 17065.
5 (b) No later than one year after the effective date of this subdivi-
6 sion, the authority, in collaboration with the department of environ-
7 mental conservation and any other appropriate agency, shall develop and
8 administer a program to provide rebates or new lithium-ion batteries for
9 powered mobility devices at reduced cost or no cost to eligible individ-
10 uals.
11 (c) The program created pursuant to this subdivision shall include
12 either rebates or the exchange of new lithium-ion batteries for used
13 lithium-ion batteries.
14 (d) Within one year of the effective date of this subdivision, the
15 authority shall implement and administer this subdivision including
16 promulgating rules relating to the forms required to claim a rebate or
17 exchange a lithium-ion battery, the required documentation for estab-
18 lishing eligibility, procedures and guidelines for claiming a rebate or
19 exchanging a lithium-ion battery, and the collection of economic impact
20 data from applicants and any other requirements the authority deems
21 necessary.
22 (e) All new batteries provided pursuant to such program shall be
23 certified by an accredited testing laboratory for compliance with a
24 battery standard referenced in UL 2849, UL 2271, UL 2272 or EN 15194, or
25 such other safety standard approved by the department of state pursuant
26 to regulation. Such certification or the logo, wordmark, or name of such
27 accredited testing laboratory must be displayed on packaging or documen-
28 tation at the time of sale for the product or directly on the product
29 itself.
30 (f) No later than April first, two thousand twenty-five, and annually
31 thereafter, the authority shall issue a report to the governor, the
32 temporary president of the senate, and the speaker of the assembly
33 detailing the status of the program created under this subdivision. Such
34 report shall at a minimum include:
35 (i) the amount of funding dedicated by the authority for such program
36 in the preceding year;
37 (ii) the number of rebates awarded;
38 (iii) the number of exchanges provided;
39 (iv) the amount and geographic distribution of rebates; and
40 (v) any other information the authority deems necessary.
41 § 2. This act shall take effect immediately.
