Lithium-ion battery legislation: Fire authorities stress need to revive federal effort
Firefighters work outside a building in Manhattan's Chinatown where four people were killed by a fire in an e-bike repair shop in June 2023. Credit: Getty Images/Spencer Platt
Federal legislation that would have set standards for rechargeable lithium-ion batteries suffered a setback this month when it was tabled indefinitely, dropped last-minute from the emergency funding bill to prevent a government shutdown.
The legislation's collapse came just days after New York City and Long Island fire officials heralded the benefits of the long-hoped-for regulations.
Pushed by the FDNY and sponsored by New York lawmakers Rep. Ritchie Torres (D-Bronx) and Democratic U.S. Sen. Kirsten Gillibrand, the measure had received bipartisan support in the House, passing by a 374-34 vote in May, before moving to the Senate, where it passed unanimously by voice vote out of the Senate Commerce, Transportation, and Science Committee. It was then slipped into the 1,500-page emergency funding bill last week by Sen. Chuck Schumer.
Although New York fire officials had praised its anticipated approval in a news conference on Dec. 18, the legislation was dropped as part of last-minute negotiations to get that funding bill passed in the early hours of Dec. 21.
While the FDNY declined to comment on the change, Nassau Assistant Chief Marshal Andrew Schmitt Jr. called the setback "a shame," adding, it "would have helped in the safety of the public and firefighters."
Schumer spokesman Angelo Roefaro said the senator would "renew" his push for the measure to be included in whatever funding bill emerges before the current short-term bill expires in March.
Fire officials said recent local and state legislation had strengthened enforcement capabilities, leading to a reduction in injuries and deaths from lithium-ion battery-related fires. But FDNY Commissioner Robert S. Tucker said last week that federal oversight remained the desperately needed "missing piece."
Since 2019, the FDNY said its firefighters have responded to 929 blazes caused by malfunctioning lithium-ion batteries, with most uncertified, unregulated or improperly used. Those fires have resulted in more than 500 injuries and 33 deaths. Nassau and Suffolk fire officials noted there have been dozens of such fires Island-wide in recent years, though no injury statistics were available.
Beginning with then-New York City Fire Commissioner Laura Kavanagh, Tucker said city fire officials have traveled to Washington five times in the past two years to push for the oversight needed for UL Standards & Engagement to establish and regulate safe standards for the batteries.
The legislation would give federal officials the power to stop batteries that don’t meet UL standards from coming into the country and to seize uncertified batteries found during inspections.
The UL said fires caused by substandard batteries — and lithium-ion batteries that are improperly used, maintained and cared-for — have become a national problem, citing as examples an e-bike battery fire that earlier this year destroyed a home in Washington state and a battery fire that caused more than $30,000 in damage to a Texas townhome.
FDNY Chief of Department John M. Esposito said last week of the batteries, which power everything from laptop computers, cellphones and cameras to e-bikes and scooters: "The danger that these lithium-ion batteries pose when they burn, the extreme danger cannot be overstated.
"The danger that our firefighter and EMS personnel face on the scene — and, how explosive they are, how rapidly they expand from a small fire into the complete room or the complete building, and the toxic gasses they give off just prior to igniting?" Esposito said. "If the [new] legislation brings down the number of fires, it will be a great benefit."
The FDNY said that while recent state and local laws have not reduced the number of recorded fires, enforcement related to storage, charging requirements — for instance, many buildings across the city now ban indoor e-bike charging — and other safety-related standards have reduced structural fires, injuries and deaths.
Tucker said there were 18 deaths in 2023 related to lithium-ion battery fires in New York City.
As of last week, there had been five in 2024.
Federal legislation that would have set standards for rechargeable lithium-ion batteries suffered a setback this month when it was tabled indefinitely, dropped last-minute from the emergency funding bill to prevent a government shutdown.
The legislation's collapse came just days after New York City and Long Island fire officials heralded the benefits of the long-hoped-for regulations.
Pushed by the FDNY and sponsored by New York lawmakers Rep. Ritchie Torres (D-Bronx) and Democratic U.S. Sen. Kirsten Gillibrand, the measure had received bipartisan support in the House, passing by a 374-34 vote in May, before moving to the Senate, where it passed unanimously by voice vote out of the Senate Commerce, Transportation, and Science Committee. It was then slipped into the 1,500-page emergency funding bill last week by Sen. Chuck Schumer.
Although New York fire officials had praised its anticipated approval in a news conference on Dec. 18, the legislation was dropped as part of last-minute negotiations to get that funding bill passed in the early hours of Dec. 21.
While the FDNY declined to comment on the change, Nassau Assistant Chief Marshal Andrew Schmitt Jr. called the setback "a shame," adding, it "would have helped in the safety of the public and firefighters."
Schumer spokesman Angelo Roefaro said the senator would "renew" his push for the measure to be included in whatever funding bill emerges before the current short-term bill expires in March.
Fire officials said recent local and state legislation had strengthened enforcement capabilities, leading to a reduction in injuries and deaths from lithium-ion battery-related fires. But FDNY Commissioner Robert S. Tucker said last week that federal oversight remained the desperately needed "missing piece."
Since 2019, the FDNY said its firefighters have responded to 929 blazes caused by malfunctioning lithium-ion batteries, with most uncertified, unregulated or improperly used. Those fires have resulted in more than 500 injuries and 33 deaths. Nassau and Suffolk fire officials noted there have been dozens of such fires Island-wide in recent years, though no injury statistics were available.
Beginning with then-New York City Fire Commissioner Laura Kavanagh, Tucker said city fire officials have traveled to Washington five times in the past two years to push for the oversight needed for UL Standards & Engagement to establish and regulate safe standards for the batteries.
The legislation would give federal officials the power to stop batteries that don’t meet UL standards from coming into the country and to seize uncertified batteries found during inspections.
The UL said fires caused by substandard batteries — and lithium-ion batteries that are improperly used, maintained and cared-for — have become a national problem, citing as examples an e-bike battery fire that earlier this year destroyed a home in Washington state and a battery fire that caused more than $30,000 in damage to a Texas townhome.
FDNY Chief of Department John M. Esposito said last week of the batteries, which power everything from laptop computers, cellphones and cameras to e-bikes and scooters: "The danger that these lithium-ion batteries pose when they burn, the extreme danger cannot be overstated.
"The danger that our firefighter and EMS personnel face on the scene — and, how explosive they are, how rapidly they expand from a small fire into the complete room or the complete building, and the toxic gasses they give off just prior to igniting?" Esposito said. "If the [new] legislation brings down the number of fires, it will be a great benefit."
The FDNY said that while recent state and local laws have not reduced the number of recorded fires, enforcement related to storage, charging requirements — for instance, many buildings across the city now ban indoor e-bike charging — and other safety-related standards have reduced structural fires, injuries and deaths.
Tucker said there were 18 deaths in 2023 related to lithium-ion battery fires in New York City.
As of last week, there had been five in 2024.
Lithium-ion battery safety tips:
- Follow manufacturer guidelines, using only the battery designed and approved for the device.
- Only use charging cords designed for the device.
- Dispose of any leaking or damaged battery using mandated guidelines.
- Do not leave devices plugged in once fully charged.
- Keep batteries in a cool, dry location and don't charge batteries in freezing conditions.
- At any sign of a problem, if it gives off an odor or is warm to the touch or making noises, stop using the device and dispose of it as required.
Source: Nassau County Fire Marshal's office
John Valenti, a reporter at Newsday since 1981, has been honored nationally by the Associated Press and Society of the Silurians for investigative, enterprise and breaking news reporting, as well as column writing, and is the author of “Swee'pea,” a book about former New York playground basketball star Lloyd Daniels. Valenti is featured in the Emmy Award-winning ESPN 30-for-30 film “Big Shot.”
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