Lithium-ion (“Li-ion”) batteries are the power supply for a lot of client merchandise, together with electrical bicycles and scooters. Whereas their use has turn into more and more widespread, Li-ion batteries have additionally reportedly induced tons of of fires, extreme accidents, and dying. These incidents have resulted in regulatory modifications in locations like New York Metropolis, the place in 2022 the New York Metropolis Hearth Division responded to greater than 200 e-scooter and e-bike fires, reportedly leading to six deaths. Li-ion batteries are right here to remain due to their power capability and efficiency, however federal, state, and native regulators are paying consideration and taking motion to maintain customers secure.
Li-ion Batteries: What Are They?
Partly due to their compact nature, Li-ion batteries possess one of many highest power densities amongst numerous battery applied sciences. These batteries are low upkeep, don’t require scheduled biking to keep up battery life, and are simpler to eliminate than different batteries. They’re utilized in a few of the best-selling electrical vehicles and a number of client merchandise, comparable to wi-fi headphones, cell telephones, laptops, tablets, cameras, hand-held gaming gadgets, hoverboards, e-cigarettes, electrical bicycles, and extra.
The Present Regulatory Panorama
The U.S. Division of Transportation
Li-ion batteries have lengthy been designated as hazardous supplies underneath the U.S. Division of Transportation’s (DOT) Hazardous Supplies Rules, and thus must be dealt with in line with the DOT’s necessities. UN DOT 38.3 requires testing earlier than Li-ion batteries might be shipped into america and ensures the security of Li-ion batteries throughout delivery. IEC 62619 impacts the design of large-format Li-ion batteries and defers to different rules, comparable to IEC 62133, for cell stage requirements.
The Shopper Product Security Fee
In response to the rising variety of security incidents purportedly linked to Li-ion batteries, on December 19, 2022, the Shopper Product Security Fee (CPSC) despatched a letter to greater than 2,000 producers, importers, distributors, and retailers of micro mobility gadgets for client use, urging them to make sure that their merchandise are licensed for compliance with relevant consensus security requirements. These requirements included Underwriter Laboratories (UL) 2272, Programs for Private E-Mobility Units, and UL 2849, Requirements for Security for Electrical Programs for eBikes.
On Might 19, 2023, CPSC Commissioner Mary Boyle launched a assertion on the necessity to consider security necessities for e-bikes after the rise in e-bike fires in New York Metropolis and past. In her assertion, she inspired public touch upon whether or not compliance with security requirements for batteries and electrical techniques has supplied ample safeguards for e-bikes and e-scooters. Additional, in October 2023, Commissioner Boyle addressed PeopleForBikes’ SHIFT’23 convention and introduced that the CPSC plans to suggest obligatory necessities for Li-ion batteries in micro mobility gadgets someday in 2024.
New York State and New York Metropolis
As previewed above, New York State and New York Metropolis have been very energetic on addressing points with Li-ion batteries. In March 2023, New York Metropolis Mayor Adams signed 5 payments into legislation after a collection of fires had been linked to Li-ion batteries. The payments goal to forestall fires, present info to coach the general public on hearth dangers, and set security and manufacturing requirements. Additional, on March 20, 2023, the NYC Council handed 663-A, which prohibits the sale, lease, or rental of powered mobility gadgets, comparable to e-bikes and e-scooters, and the storage batteries for these gadgets, that don’t meet UL 2849, 2272, and 2271. Additionally in March 2023, Consultant Ritchie Torres and Senators Chuck Schumer and Kirsten Gillibrand launched the Setting Shopper Requirements for Lithium-Ion Batteries Act, which might require the CPSC to create security requirements for rechargeable Li-ion batteries utilized in gadgets comparable to e-scooters and e-bikes. The invoice was referred to the Senate Committee on Commerce, Science, and Transportation and stays pending.
In June 2023, New York State Consultant Jeffrey Dinowitz launched a invoice to ban the sale and manufacture of batteries that don’t meet minimal security requirements. On June 29, 2023, Congressman Dan Goldman and others despatched a letter to the CPSC requesting improved e-bike security rules, an replace on the CPSC’s producer out-reach plan, and subsequent steps for imposing compliance with security tips.
State Senator Iwen Chu launched 4 payments aimed toward Li-ion batteries in New York Metropolis in November 2023. The primary would require all New York e-bike and e-scooter outlets to have hearth suppression measures. The second would require all batteries be examined and authorized by UL. The third would require all e-bikes and e-scooters offered in New York to have a pink tag hooked up to the charging twine with instructions to unplug in an emergency. The fourth would require retailers to offer a discover on e-bikes that they aren’t allowed on sidewalks and would authorize the New York Division of Motor Automobiles to situation corresponding rules and fines for violations.
Most not too long ago, in January 2024, New York Governor Kathy Hochul introduced that she is going to suggest a state-wide ban on the sale of uncertified Li-ion batteries. She introduced extra coaching for native hearth departments on Li-ion battery fires, expanded on-line public service security bulletins, and joined the New York Metropolis Council in calling on supply firms to make sure that their contractors use secure gadgets.
The Future for Li-ion Batteries
Whereas the present regulatory panorama for Li-ion batteries is muddled and complicated, obligatory federal, state, and native requirements for Li-ion battery producers are inevitable, and Li-ion battery rules shall be in flux for the following a number of months — if not years. Whereas compliance with relevant requirements is at the moment voluntary in most locations, excepting New York Metropolis, the established order is altering. As such, producers and retailers of client merchandise with Li-ion batteries should carefully observe developments and guarantee compliance in any respect ranges.
This text was written with the help of former summer time affiliate Seap Bhardwaj.
The submit A Spark in Regulation: Lithium-ion Batteries appeared first on Foley & Lardner LLP.