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A05386 Summary:

BILL NOA05386
 
SAME ASNo Same As
 
SPONSORPalmesano
 
COSPNSRAngelino, Blankenbush, Brown K, Byrnes, Gallahan, Giglio JM, Goodell, McDonough, Tague
 
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.
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A05386 Actions:

BILL NOA05386
 
03/10/2023referred to environmental conservation
05/23/2023held for consideration in environmental conservation
01/03/2024referred to environmental conservation
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A05386 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5386
 
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   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be Determined.   EFFECTIVE DATE: Immediately.
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A05386 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5386
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  PALMESANO,  ANGELINO, BLANKENBUSH, K. BROWN,
          BYRNES, GALLAHAN, J. M. GIGLIO, GOODELL, 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.
                                                                   LBD08491-01-3

        A. 5386                             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 his or her designee;  the  commissioner  of  the
    19  Department  of  Environmental  Conservation  or his or her designee; the
    20  commissioner of the Department of Transportation or his or her designee;
    21  and the commissioner of the State  Police.  Additional  members  of  the
    22  commission  shall include 1 representative of a local police department,
    23  1 member appointed by the temporary president of the  senate,  1  member
    24  appointed  by  the  speaker  of  the assembly, 1 member appointed by the
    25  minority leader of the senate and 1 member  appointed  by  the  minority
    26  leader of the assembly. All appointments to the commission shall be made
    27  within 90 days of the effective date of this act.
    28    (c)  The  members  of the commission shall receive no compensation for
    29  their services but shall be allowed their actual and necessary  expenses
    30  incurred in the performance of their duties pursuant to this act.
    31    (d)  The  commission  shall  consult with, or attempt to consult with,
    32  representatives from the following organizations regarding this study: a
    33  designee from the Firemen's Association of the  State  of  New  York,  a
    34  designee  from  the  New  York State Association of Counties, a designee
    35  from the New York commission of Mayors, a designee  from  the  New  York
    36  State  Association  of Fire Chiefs, various towing companies, a designee
    37  from the Association of Fire Districts of New York, a designee from  the
    38  Volunteer  Fire  Police Association of the State of New York, the County
    39  Fire Coordinators Association of the State of New York and the New  York
    40  State Fire Marshal and Inspectors Association.
    41    (e)  The  commission  shall  have  the  authority  to  conduct a study
    42  concerning health and safety best practices for  first  responders  when
    43  responding  to  lithium-ion  battery  incidents  and any other study the
    44  commission deems necessary.
    45    § 3. (a) The study shall evaluate health and safety best practices for
    46  first responders within the state when responding to lithium-ion battery
    47  incidents including, but not limited to:
    48    (i) high-heat fires from the thermal runaway caused by battery damage,
    49  such as that likely to be suffered during an auto accident.  This  shall
    50  include, but shall not be limited to:
    51    (1)  equipment  necessary to protect all first responders upon arrival
    52  to the scene of a lithium-ion battery fire;
    53    (2) equipment necessary to contain and control such fires; and
    54    (3) regulations, policies and procedures necessary for traffic control
    55  concerning auto accidents where an electric vehicle (EV) is involved.

        A. 5386                             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.
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