S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9191
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO  --  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:
 
   Section 1. Legislative findings and intent. The legislature finds that
 renewable energy mandates such as those codified in the Climate  Leader-
 ship  and  Community Protection Act (CLCPA) are driving policy decisions
 statewide without accounting for either the costs of implementation  or,
 in  some cases, considerations of environmental 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 environmentally and
 economically  irresponsible mandates every time they respond to an inci-
 dent involving an electric vehicle or battery-based energy storage.  The
 legislature  thus finds that the health and safety risks associated with
 lithium-ion battery incidents need to be studied in detail, and  compre-
 hensive  best  practices need to be developed, in order to protect those
 who are at the forefront of the state's emergency response capabilities.
 Toward this end, the legislature further recommends that no purchase  or
 procurement  of  electric  vehicles or energy storage facilities for any
 state purpose occur prior to the conclusion of the commission on battery
 fire safety practices, and the purchase of all necessary  equipment  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13037-01-1
 A. 9191                             2
 
 training for all state first responder personnel based upon such commis-
 sion's recommendations.
   §  2.  (a)  There  is  hereby  created a commission to be known as the
 commission on battery fire safety practices, hereafter  referred  to  as
 the  "commission",  which  shall  be tasked with evaluating the need for
 resources for volunteer fire departments and emergency medical  services
 within  the  state  concerning  health  and  safety  best practices when
 responding to lithium-ion battery incidents.
   (b) The commission shall consist of 13 members, 7 of  which  shall  be
 appointed by the governor, including the commissioner of the Division of
 Homeland  Security  and Emergency Services who shall serve as the chair;
 the Director of the Office of Fire Prevention and Control; the  Director
 of the Division of Building Codes and Standards; the commissioner of the
 Department  of  Health  or  his or her designee; the commissioner of the
 Department of Environmental Conservation or his  or  her  designee;  the
 commissioner of the Department of Transportation or his or her designee;
 and  the  commissioner  of  the  State Police. Additional members of the
 commission shall include 1 representative of a local police  department,
 1  member  appointed  by the temporary president of the senate, 1 member
 appointed by the speaker of the assembly,  1  member  appointed  by  the
 minority  leader  of  the  senate and 1 member appointed by the minority
 leader of the assembly. All appointments to the commission shall be made
 within 90 days of the effective date of this act.
   (c) The members of the commission shall receive  no  compensation  for
 their  services but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to this act.
   (d) The commission shall consult with, or  attempt  to  consult  with,
 representatives from the following organizations regarding this study: a
 designee  from  the  Firemen's  Association  of the State of New York, a
 designee from the New York State Association  of  Counties,  a  designee
 from  the  New  York  commission of Mayors, a designee from the New York
 State Association of Fire Chiefs, various towing companies,  a  designee
 from  the Association of Fire Districts of New York, a designee from the
 Volunteer Fire Police Association of the State of New York,  the  County
 Fire  Coordinators Association of the State of New York and the New York
 State Fire Marshal and Inspectors Association.
   (e) The commission  shall  have  the  authority  to  conduct  a  study
 concerning  health  and  safety best practices for first responders when
 responding to lithium-ion battery incidents  and  any  other  study  the
 commission deems necessary.
   § 3. (a) The study shall evaluate health and safety best practices for
 first responders within the state when responding to lithium-ion battery
 incidents including, but not limited to:
   (i) high-heat fires from the thermal runaway caused by battery damage,
 such  as  that likely to be suffered during an auto accident. This shall
 include, but shall not be limited to:
   (1) equipment necessary to protect all first responders  upon  arrival
 to the scene of a lithium-ion battery fire;
   (2) equipment necessary to contain and control such fires; and
   (3) regulations, policies and procedures necessary for traffic control
 concerning auto accidents where an electric vehicle (EV) is involved.
   (ii)  health  and  safety  concerns connected to environmental contam-
 ination caused by the release of toxic  or  hazardous  substances  as  a
 result  of  battery  damage,  including  specific  health risks to first
 responder personnel;
 A. 9191                             3
 
   (iii) equipment,  policies  and  procedures  necessary  for  the  safe
 removal and storage of an EV from the scene of an accident;
   (iv)  estimates concerning a state fund designed to pay for any neces-
 sary specialized equipment and training for all emergency first  respon-
 der personnel throughout the state;
   (v)  the  estimated  costs  of replacing or renovating fire department
 apparatus', vehicles, personal  protective  equipment,  fire  department
 structures, recruitment and retention programs, training programs or any
 other  necessary  expenses  outlined in such report, and assessed at the
 county level; and
   (vi) any other issue or concern the commission deems necessary.
   (b) The study shall evaluate health  and  safety  risks,  as  well  as
 requirements for all police, volunteer fire departments, volunteer emer-
 gency  medical  and  volunteer  fire  police  services  within the state
 concerning fires or other incidents involving large-scale energy storage
 facilities containing lithium-ion batteries as a primary means of energy
 storage.  This evaluation shall include, but shall not be limited to:
   (i) local emergency response plans;
   (ii) equipment, training, policies and procedures necessary to contain
 or control such large-scale thermal  runaway  events  (fires)  or  other
 incidents;
   (iii)  possible  environmental  contamination concerns surrounding the
 release of battery materials into the air, soil  or  area  water  table,
 including specific health risks to first responder personnel;
   (iv)  available  large-scale  evacuation plans in the event of a fire,
 toxic release or other incident;
   (v) coordination with federal resources  for  addressing  large  scale
 thermal runaway events; and
   (vi) any other issue or concern the commission deems necessary.
   (c)  The  commission  shall hold at least 3 public hearings within the
 state, 1 in each of the following appellate districts: the second appel-
 late district; the third appellate district; and  the  fourth  appellate
 district.
   (d)  The commission shall submit a written report to the governor, the
 temporary president of the senate, the minority leader  of  the  senate,
 the  speaker  of  the  assembly  and the minority leader of the assembly
 detailing their findings. This report shall be made  publicly  available
 on  the  division  of  homeland security and emergency services' website
 within 30 days of being published.
   (e) The commission shall conduct and complete such study no later than
 1 year after the effective date of this act.  The  study  shall  include
 recommendations  that  shall  have the full force and effect of rule and
 regulation for all state agencies.
   § 4. This act shall take effect immediately.