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.