BILL NUMBER: S6809

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing a program
to provide reduced cost or no cost lithium-ion batteries used in powered
mobility devices

 
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 under amendment of the state executive law by adding a new
section 156-i. For the purposes of this section a "lithium-ion battery"
means a storage battery in which an electrical, current is generated by
lithium ions embedded in a carbon graphite or nickel metal-oxide subs-
              

trate placed in a high-viscosity carbonate mixture or gelled polymer
electrolyte; and "powered mobility device" means a light electric-pow-
ered vehicle or personal electric mobility device such as an electric
bicycle or scooter. The office of fire prevention control, in collab-
oration with the department of environmental 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 lithi-
um-ion batteries. The office of fire prevention and control shall
promulgate the rules necessary for individuals regarding their eligibil-
ity to participate in such program, the criteria for provision and
exchange of lithium batteries, and the amount of cost reduction for the
lithium-ion batteries provided. A nation ally recognized testin g lab
will be required to list and label all new batteries provided pursuant
to such program. 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 a-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-in-
come 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 inju-
ries.  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 on the ninetieth day after it shall have
become a law.

                                 
BILL NUMBER: S6809A

SPONSOR: CLEARE
 
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 a-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.