Bill Text: NY A09191 | 2021-2022 | General Assembly | Introduced
Bill Title: Creates the commission on battery fire safety practices to evaluate the need for resources for police, volunteer fire departments and emergency medical services concerning health and safety best practices when responding to lithium-ion battery incidents.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2022-05-09 - held for consideration in environmental conservation [A09191 Detail]
Download: New_York-2021-A09191-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9191 IN ASSEMBLY February 9, 2022 ___________ Introduced by M. of A. PALMESANO -- read once and referred to the Committee on Environmental Conservation AN ACT in relation to creating the commission on battery fire safety practices to evaluate the need for resources for police, volunteer fire departments and emergency medical services concerning health and safety best practices when responding to lithium-ion battery incidents The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds that 2 renewable energy mandates such as those codified in the Climate Leader- 3 ship and Community Protection Act (CLCPA) are driving policy decisions 4 statewide without accounting for either the costs of implementation or, 5 in some cases, considerations of environmental and personnel health and 6 safety. Perhaps nowhere is this more evident than in the state's push to 7 purchase, procure and encourage increased use of electric vehicles and 8 the development of large-scale energy storage facilities, both of which 9 depend on lithium-ion batteries to function effectively. To date, 10 despite CLCPA mandates and similar efforts, there has been little or no 11 consideration given to the potential health, safety and environmental 12 concerns associated with lithium-ion battery casualties, especially 13 their tendencies toward high-heat fires caused by "thermal runaway" in 14 the event of an automotive accident or other incident where battery 15 casings suffer damage. New York state is home to over 230,000 first 16 responders, who are currently placed at risk through environmentally and 17 economically irresponsible mandates every time they respond to an inci- 18 dent involving an electric vehicle or battery-based energy storage. The 19 legislature thus finds that the health and safety risks associated with 20 lithium-ion battery incidents need to be studied in detail, and compre- 21 hensive best practices need to be developed, in order to protect those 22 who are at the forefront of the state's emergency response capabilities. 23 Toward this end, the legislature further recommends that no purchase or 24 procurement of electric vehicles or energy storage facilities for any 25 state purpose occur prior to the conclusion of the commission on battery 26 fire safety practices, and the purchase of all necessary equipment and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13037-01-1A. 9191 2 1 training for all state first responder personnel based upon such commis- 2 sion's recommendations. 3 § 2. (a) There is hereby created a commission to be known as the 4 commission on battery fire safety practices, hereafter referred to as 5 the "commission", which shall be tasked with evaluating the need for 6 resources for volunteer fire departments and emergency medical services 7 within the state concerning health and safety best practices when 8 responding to lithium-ion battery incidents. 9 (b) The commission shall consist of 13 members, 7 of which shall be 10 appointed by the governor, including the commissioner of the Division of 11 Homeland Security and Emergency Services who shall serve as the chair; 12 the Director of the Office of Fire Prevention and Control; the Director 13 of the Division of Building Codes and Standards; the commissioner of the 14 Department of Health or his or her designee; the commissioner of the 15 Department of Environmental Conservation or his or her designee; the 16 commissioner of the Department of Transportation or his or her designee; 17 and the commissioner of the State Police. Additional members of the 18 commission shall include 1 representative of a local police department, 19 1 member appointed by the temporary president of the senate, 1 member 20 appointed by the speaker of the assembly, 1 member appointed by the 21 minority leader of the senate and 1 member appointed by the minority 22 leader of the assembly. All appointments to the commission shall be made 23 within 90 days of the effective date of this act. 24 (c) The members of the commission shall receive no compensation for 25 their services but shall be allowed their actual and necessary expenses 26 incurred in the performance of their duties pursuant to this act. 27 (d) The commission shall consult with, or attempt to consult with, 28 representatives from the following organizations regarding this study: a 29 designee from the Firemen's Association of the State of New York, a 30 designee from the New York State Association of Counties, a designee 31 from the New York commission of Mayors, a designee from the New York 32 State Association of Fire Chiefs, various towing companies, a designee 33 from the Association of Fire Districts of New York, a designee from the 34 Volunteer Fire Police Association of the State of New York, the County 35 Fire Coordinators Association of the State of New York and the New York 36 State Fire Marshal and Inspectors Association. 37 (e) The commission shall have the authority to conduct a study 38 concerning health and safety best practices for first responders when 39 responding to lithium-ion battery incidents and any other study the 40 commission deems necessary. 41 § 3. (a) The study shall evaluate health and safety best practices for 42 first responders within the state when responding to lithium-ion battery 43 incidents including, but not limited to: 44 (i) high-heat fires from the thermal runaway caused by battery damage, 45 such as that likely to be suffered during an auto accident. This shall 46 include, but shall not be limited to: 47 (1) equipment necessary to protect all first responders upon arrival 48 to the scene of a lithium-ion battery fire; 49 (2) equipment necessary to contain and control such fires; and 50 (3) regulations, policies and procedures necessary for traffic control 51 concerning auto accidents where an electric vehicle (EV) is involved. 52 (ii) health and safety concerns connected to environmental contam- 53 ination caused by the release of toxic or hazardous substances as a 54 result of battery damage, including specific health risks to first 55 responder personnel;A. 9191 3 1 (iii) equipment, policies and procedures necessary for the safe 2 removal and storage of an EV from the scene of an accident; 3 (iv) estimates concerning a state fund designed to pay for any neces- 4 sary specialized equipment and training for all emergency first respon- 5 der personnel throughout the state; 6 (v) the estimated costs of replacing or renovating fire department 7 apparatus', vehicles, personal protective equipment, fire department 8 structures, recruitment and retention programs, training programs or any 9 other necessary expenses outlined in such report, and assessed at the 10 county level; and 11 (vi) any other issue or concern the commission deems necessary. 12 (b) The study shall evaluate health and safety risks, as well as 13 requirements for all police, volunteer fire departments, volunteer emer- 14 gency medical and volunteer fire police services within the state 15 concerning fires or other incidents involving large-scale energy storage 16 facilities containing lithium-ion batteries as a primary means of energy 17 storage. This evaluation shall include, but shall not be limited to: 18 (i) local emergency response plans; 19 (ii) equipment, training, policies and procedures necessary to contain 20 or control such large-scale thermal runaway events (fires) or other 21 incidents; 22 (iii) possible environmental contamination concerns surrounding the 23 release of battery materials into the air, soil or area water table, 24 including specific health risks to first responder personnel; 25 (iv) available large-scale evacuation plans in the event of a fire, 26 toxic release or other incident; 27 (v) coordination with federal resources for addressing large scale 28 thermal runaway events; and 29 (vi) any other issue or concern the commission deems necessary. 30 (c) The commission shall hold at least 3 public hearings within the 31 state, 1 in each of the following appellate districts: the second appel- 32 late district; the third appellate district; and the fourth appellate 33 district. 34 (d) The commission shall submit a written report to the governor, the 35 temporary president of the senate, the minority leader of the senate, 36 the speaker of the assembly and the minority leader of the assembly 37 detailing their findings. This report shall be made publicly available 38 on the division of homeland security and emergency services' website 39 within 30 days of being published. 40 (e) The commission shall conduct and complete such study no later than 41 1 year after the effective date of this act. The study shall include 42 recommendations that shall have the full force and effect of rule and 43 regulation for all state agencies. 44 § 4. This act shall take effect immediately.
