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 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
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.
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