Assemblymember De Los Santos’ Lithium-ion Battery Safety Bill Signed into Law

New York, NY – Today, Governor Kathy Hochul signed Assemblymember Manny De Los Santos’ (D – Inwood) bill helping to prevent lithium-ion battery fire hazards into law.

Under this new law, the Department of State, in collaboration with the Division of Homeland Security and Emergency Services and the New York State Energy Research and Development Authority, will create and manage safety protocols and resources concerning fire hazard prevention, specifically addressing lithium-ion batteries, second-use lithium-ion batteries, electric bicycles, mopeds, and micro-mobility devices.

Lithium-ion batteries are used to power electric bicycles, electric scooters, other mobility devices, and other devices including phones, laptops, and tools. When charged improperly or when charging a defective or uncertified charger, lithium-ion batteries can overheat and cause large, violent fires. According to the New York City Fire Department (FDNY), injuries caused by battery-related fires have risen more than 1,000% over the last five years. In 2023 alone, there were over 200 of these fires, resulting in 150 injuries and 18 deaths.

“The fire hazards caused by lithium-ion batteries have resulted in the loss of people’s homes, injuries, and the loss of life due to a lack of information on proper usage and a lack of safety standards,” said Assemblymember De Los Santos. “The resources and protocols produced by the Department of State under these new laws will allow consumers and suppliers to be more informed about the proper use of these batteries and the devices that power them. This information, along with the series of measures signed into law today by Governor Hochul, will help keep people and people’s homes safe.”

De Los Santos’ bill (A.9338) was signed alongside a series of bills relating to lithium-ion battery safety. The other measures signed into law include:

  • Warning tags for micro-mobility devices, mopeds, and e-bikes stating the need to keep devices unplugged when not in use.
  • Improved sales standards lithium-ion Batteries by prohibiting the sale of lithium-ion batteries in certain devices unless the batteries abide by certain standards.
  • Lithium-ion Battery Fire Prevention Study.
  • Notices on e-bikes stating they cannot be used on sidewalks or highways that have speed limits over 30 mph.
  • A lithium-ion battery safety program to provide new lithium-ion batteries to eligible individuals at reduced or no cost.
  • Operating manuals with e-bike purchases.
  • Lithium-ion battery emergency response training for The Office of Fire Prevention and Control.
  • On-hand fire protection/suppression requirements for businesses, including battery cases and extinguishers.