Mayor Adams, Speaker Adams Announce new Enforcement Powers to Prevent Sale of Dangerous, Uncertified Batteries and Battery-Powered Micromobility Devices

October 9, 2024

Strengthened Regulations Now Allow City to Shut Down Repeat Violators Who Prioritize Profits Over Public Safety

Officials Remind New Yorkers to Only Purchase Certified Batteries and Devices

NEW YORK – New York City Mayor Eric Adams, New York City Council Speaker Adrienne Adams, New York City Department of Consumer and Worker Protection (DCWP) Commissioner Vilda Vera Mayuga, and the Fire Department of the City of New York (FDNY) Commissioner Robert S. Tucker today announced expanded regulations to protect New Yorkers from the dangers of uncertified lithium-ion batteries. Through Local Laws 49 and 50 of 2024 — sponsored by New York City Councilmember Gale Brewer — that recently took effect, the city now has the authority to padlock — or close — any brick-and-mortar retailer that repeatedly violates the city’s regulations on the sale of uncertified batteries and battery-powered micromobility devices. Local Law 39, which originally took effect in September 2023, mandates that all battery-powered micromobility devices — including electric bicycles, electric scooters, and the batteries those devices use — must be certified to accredited lab safety standards as set forth by local law to be sold or rented in New York City.

“The data is clear: Unsafe, uncertified batteries pose a real threat to New Yorkers and their property, and this administration will continue to do everything that it can to enforce the law to keep residents safe,” said Mayor Adams. “We know that e-micromobility is a critical tool that many New Yorkers use for work and pleasure. But the fact of the matter is that the fires and deaths caused by these devices are preventable and we need everyone to play their part in ensuring their safety, and the safety of their families, their neighbors, and our first responders. We thank our partners in government for collaborating on this important public safety issue as we work to keep micromobility devices safe for everyone.”

“Lithium-ion batteries pose significant fire risks, and have caused deadly fires across our city, making it critical that we do our part in mitigating preventable death and injury,” said Speaker Adams. “As battery-powered devices such as e-bikes become a mainstay in New York City, especially relied on by delivery workers, the New York City Council continues to work with the administration to ensure those who use these micromobility devices can do so safely and responsibly. The New York City Council has passed multiple laws regulating the licensing and sales of lithium-ion batteries, delivering safety to our neighborhood. I thank our partners in government for their work to enact these laws because we must work together to promote the safety of all New Yorkers.”

“We are committed to protecting consumers and building a culture of compliance among our local businesses, but we need retailers to understand that this is an urgent safety issue, and we will not hesitate to use all of the tools in our toolbox to protect our neighbors,” said DCWP Commissioner Vera Mayuga. “Thank you to our partners at FDNY for their continued collaboration and for their advocacy at the federal level for a national fix to ensure these unsafe devices can’t enter our city.”

“Recklessly, repeatedly selling uncertified lithium-ion batteries is criminal, and a critical threat to public safety,” said FDNY Commissioner Tucker. “We thank the mayor and our partners at DCWP for their leadership on this issue. We will continue to use all means possible to seek out the bad actors and ensure the safety of New Yorkers against the threat of these uncertified batteries.”

“The dangers associated with poorly manufactured lithium-ion batteries are clear, which is why the city must consider all enforcement options to protect our fellow New Yorkers,” said New York City Department of Buildings Commissioner James Oddo. “This administration has been making significant progress advancing building and fire safety in the five boroughs, from setting up a new proactive inspection program for structurally unsafe buildings to taking real action to get dangerous uncertified e-bike batteries out of our homes. This latest announcement sends a message that we aren't going to allow unscrupulous business owners to continue endangering residents, their neighbors, or our first responders.”

In January 2024, the Adams administration testified before the New York City Council Committee on Consumer and Worker Protection in support of legislation to strengthen and expand enforcement capabilities outlined in Local Law 39 of 2023. Local Laws 49 and 50 are a result of the ongoing collaborative efforts to curb lithium-ion battery fires between the Council and the administration, and give the FDNY concurrent authority to also enforce the certification law. In addition to the authority to close repeat violators, the maximum penalty for violating the certification requirements will increase to as much as $2,000 per device type. The new laws also require retailers — including those online — to publicly display the city’s new fire safety disclosure sign to help consumers understand certification and how to safely store and charge battery-powered micromobility devices. The safety disclosure sign, which is available in multiple languages, will also be distributed to educate consumers. The law additionally mandates that online retailers must post certification information on the product page.

DCWP and FDNY have partnered to conduct joint inspections to ensure compliance with the law and make sure that batteries and devices are being safely charged. FDNY’s E-Safety Task Force — which has inspected businesses to ensure safe charging since 2022 — has conducted 983 inspections, issued 782 summonses, including 77 criminal summonses, 367 violation orders, and 20 vacate orders with the DOB.

Since Local Law 39 of 2023 went into effect on September 16, 2023, DCWP has conducted more than 650 inspections and issued more than 275 violations to local brick-and-mortar retailers, both independently and in conjunction with FDNY’s E-Safety Task Force and issued 40 cease-and-desist letters and more than 25 violations to online retailers.

The city urges New Yorkers to only purchase certified battery-powered mobility devices and batteries. Businesses that sell batteries or battery-powered micromobility devices must ensure they are certified and display the certification, logo, or name of the testing laboratory on the device, packaging, or documentation that will be provided to consumers at the time of sale. Those who own micromobility devices should charge and store them outside where possible. Visit FDNY’s Safety Tips for a full list of fire safety tips related to lithium-ion batteries.

Under Local Law 39, all devices and batteries must be certified by an accredited testing laboratory in compliance with Underwriter’s Laboratory (UL) standards if they are being sold, leased second-hand, or rented:

• Electric bicycles must be certified in compliance with UL standard 2849.
• Other battery-powered mobility devices, like electric scooters, must be certified in compliance with UL standard 2272.
• Batteries must be certified in compliance with UL standard 2271.

Since last September, DCWP has conducted multiple rounds of outreach to disseminate educational information about the local laws to more than 500 local brick-and-mortar and online retailers. DCWP provides retailers with a checklist of legal requirements in order to help them avoid violations and comply with the law. DCWP also offers a list of Accredited Testing Laboratories with their logos to help retailers and consumers identify certified devices.

This effort is a component of the Adams administration’s “Charge Safe, Ride Safe: New York City’s Electric Micromobility Action Plan” that encourages safe use of micromobility through innovative pilot programs and the use of new technologies to improve safety, expanded education and outreach, and updated infrastructure and policies like new bike lane designs and public charging options.

“I am proud to be the primary sponsor of Local Law 49 and Local Law 50,” said New York City Councilmember Gale A. Brewer. “Cities across America are grappling with lithium-ion battery fires, and the absence of federal oversight means the city must continue to lead on the regulation of sales and uses. Some of the most hazardous environments are e-bike shops, where many lithium-ion batteries are stored and charged at once. Thank you DCWP and FDNY for collaborating with the New York City Council to keep New Yorkers safe.”

“I fully support this city’s initiative to expand regulations to continue to protect New Yorkers from the dangers of uncertified lithium-ion batteries,” said New York State Senator Cordell Cleare. “They have been the cause of dozens of fires. Sadly, some of them have been fatal. Three of my bills addressing this danger were signed into law by Governor Hochul. The new local laws expand our thoughtful, thorough, and collective action to minimize and mitigate the likelihood of new fires by increasing safety and awareness. The city is now able to shut down and lock repeatedly violating brick-and-mortar retailers selling uncertified batteries and battery-powered micro-mobility devices. This serves to protect the public from the proven dangers. Additionally, the new city law mandating that all battery-powered micro-mobility devices must be certified to accredited lab safety state-regulated standards adds an extra layer of security. Community members have reached out to us asking for increased regulations regarding these batteries and these laws aim to address their concerns.”

“I commend Mayor Adams and the New York City Council for taking decisive action to protect New Yorkers from the dangers posed by uncertified lithium-ion batteries,” said New York State Assemblymember Al Taylor. “This new regulation is a crucial step in ensuring public safety. In July, I proudly shared that Governor Hochul signed my bill, A09337, into law, which requires the state fire administrator to establish specialized hazardous materials emergency response training for incidents involving these batteries. Together, we are working to create a safer environment for our communities by addressing the risks associated with lithium-ion technology. I urge all New Yorkers to prioritize certified batteries and devices to safeguard themselves and their loved ones.”

“We are doing everything we can to end the scourge of lithium-ion battery fires. Last year alone, there were 268 battery fires, taking 18 precious lives and injuring another 150,” said New York State Assemblymember Jenifer Rajkumar. “In Albany, I authored and introduced Priscilla’s Law to require state licensing of e-vehicles and inspection of e-vehicle batteries. The New York City Council is doing its part, passing Local Laws 49 and 50 authorizing the city to padlock shops selling uncertified batteries, much like the SMOKEOUT Act I passed authorized padlocking shops selling unregulated cannabis. These new enforcement powers will allow us to stop a repeat of HQ E-Bike Repair, a shop that remained open after being cited for violations, only to have a fire that killed four people. With the right tools, together we will end lithium-ion battery fires once and for all.”

“The expansion of these regulations is a crucial step in safeguarding New Yorkers from the dangers of uncertified lithium-ion batteries,” said New York State Assemblymember Yudelka Tapia. “Prioritizing profits over safety is unacceptable, and with this new enforcement power, we will ensure that retailers who repeatedly violate these laws are held accountable. The Bronx has been particularly impacted by fires caused by lithium-ion batteries and these regulations will address this problem. I am also working closely with my colleagues in the state legislature to address this problem on a broader scale and enhance protections for all New Yorkers.”

“Every year, far too many New Yorkers experience devastating tragedy as a result of uncertified lithium-ion batteries,” said New York City Councilmember Joann Ariola. “These new regulations will help to protect the people of this city from these devices and are steps towards ensuring that no one in the future needs to suffer again because of a lithium-ion battery fire.”

“When e-bike batteries are unregulated, they can be dangerous,” said New York City Councilmember Keith Powers. “We have seen many instances of fires, serious injury and even death as a result of lithium-ion batteries that have been uncertified. I was proud to support actions that the City Council took this year to protect New Yorkers from these hazardous batteries, and the increased enforcement that we are announcing today will penalize the source of the danger: the vendors who are prioritizing their profits over the safety of our communities.”