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
Our Bureau
New York, NY
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.
