S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5386
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO,  ANGELINO, BLANKENBUSH, K. BROWN,
   BYRNES, GALLAHAN, J. M. GIGLIO, GOODELL, McDONOUGH, TAGUE -- 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:
 
   Section 1. Legislative findings and intent. The legislature finds that
 renewable energy mandates such as those codified in the Climate  Leader-
 ship  and  Community Protection Act (CLCPA) are driving policy decisions
 statewide without accounting for either the costs of implementation  or,
 in  some cases, considerations of environmental and personnel health and
 safety. Perhaps nowhere is this more evident than in the state's push to
 purchase, procure and encourage increased use of electric  vehicles  and
 the  development of large-scale energy storage facilities, both of which
 depend on lithium-ion batteries  to  function  effectively.    To  date,
 despite  CLCPA mandates and similar efforts, there has been little or no
 consideration given to the potential health,  safety  and  environmental
 concerns  associated  with  lithium-ion  battery  casualties, especially
 their tendencies toward high-heat fires caused by "thermal  runaway"  in
 the  event  of  an  automotive  accident or other incident where battery
 casings suffer damage. New York state is  home  to  over  230,000  first
 responders, who are currently placed at risk through environmentally and
 economically  irresponsible mandates every time they respond to an inci-
 dent involving an electric vehicle or battery-based energy storage.  The
 legislature  thus finds that the health and safety risks associated with
 lithium-ion battery incidents need to be studied in detail, and  compre-
 hensive  best  practices need to be developed, in order to protect those
 who are at the forefront of the state's emergency response capabilities.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08491-01-3
              

 A. 5386                             2
 
 Toward this end, the legislature further recommends that no purchase  or
 procurement  of  electric  vehicles or energy storage facilities for any
 state purpose occur prior to the conclusion of the commission on battery
 fire  safety  practices, and the purchase of all necessary equipment and
 training for all state first responder personnel based upon such commis-
 sion's recommendations.
   § 2. (a) There is hereby created a  commission  to  be  known  as  the
 commission  on  battery  fire safety practices, hereafter referred to as
 the "commission", which shall be tasked with  evaluating  the  need  for
 resources  for volunteer fire departments and emergency medical services
 within the state  concerning  health  and  safety  best  practices  when
 responding to lithium-ion battery incidents.
   (b)  The  commission  shall consist of 13 members, 7 of which shall be
 appointed by the governor, including the commissioner of the Division of
 Homeland Security and Emergency Services who shall serve as  the  chair;
 the  Director of the Office of Fire Prevention and Control; the Director
 of the Division of Building Codes and Standards; the commissioner of the
 Department of Health or his or her designee;  the  commissioner  of  the
 Department  of  Environmental  Conservation  or his or her designee; the
 commissioner of the Department of Transportation or his or her designee;
 and the commissioner of the State  Police.  Additional  members  of  the
 commission  shall include 1 representative of a local police department,
 1 member appointed by the temporary president of the  senate,  1  member
 appointed  by  the  speaker  of  the assembly, 1 member appointed by the
 minority leader of the senate and 1 member  appointed  by  the  minority
 leader of the assembly. All appointments to the commission shall be made
 within 90 days of the effective date of this act.
   (c)  The  members  of the commission shall receive no compensation for
 their services but shall be allowed their actual and necessary  expenses
 incurred in the performance of their duties pursuant to this act.
   (d)  The  commission  shall  consult with, or attempt to consult with,
 representatives from the following organizations regarding this study: a
 designee from the Firemen's Association of the  State  of  New  York,  a
 designee  from  the  New  York State Association of Counties, a designee
 from the New York commission of Mayors, a designee  from  the  New  York
 State  Association  of Fire Chiefs, various towing companies, a designee
 from the Association of Fire Districts of New York, a designee from  the
 Volunteer  Fire  Police Association of the State of New York, the County
 Fire Coordinators Association of the State of New York and the New  York
 State Fire Marshal and Inspectors Association.
   (e)  The  commission  shall  have  the  authority  to  conduct a study
 concerning health and safety best practices for  first  responders  when
 responding  to  lithium-ion  battery  incidents  and any other study the
 commission deems necessary.
   § 3. (a) The study shall evaluate health and safety best practices for
 first responders within the state when responding to lithium-ion battery
 incidents including, but not limited to:
   (i) high-heat fires from the thermal runaway caused by battery damage,
 such as that likely to be suffered during an auto accident.  This  shall
 include, but shall not be limited to:
   (1)  equipment  necessary to protect all first responders upon arrival
 to the scene of a lithium-ion battery fire;
   (2) equipment necessary to contain and control such fires; and
   (3) regulations, policies and procedures necessary for traffic control
 concerning auto accidents where an electric vehicle (EV) is involved.
 A. 5386                             3

   (ii) health and safety concerns  connected  to  environmental  contam-
 ination  caused  by  the  release  of toxic or hazardous substances as a
 result of battery damage,  including  specific  health  risks  to  first
 responder personnel;
   (iii)  equipment,  policies  and  procedures  necessary  for  the safe
 removal and storage of an EV from the scene of an accident;
   (iv) estimates concerning a state fund designed to pay for any  neces-
 sary  specialized equipment and training for all emergency first respon-
 der personnel throughout the state;
   (v) the estimated costs of replacing  or  renovating  fire  department
 apparatus',  vehicles,  personal  protective  equipment, fire department
 structures, recruitment and retention programs, training programs or any
 other necessary expenses outlined in such report, and  assessed  at  the
 county level; and
   (vi) any other issue or concern the commission deems necessary.
   (b)  The  study  shall  evaluate  health  and safety risks, as well as
 requirements for all police, volunteer fire departments, volunteer emer-
 gency medical and  volunteer  fire  police  services  within  the  state
 concerning fires or other incidents involving large-scale energy storage
 facilities containing lithium-ion batteries as a primary means of energy
 storage.  This evaluation shall include, but shall not be limited to:
   (i) local emergency response plans;
   (ii) equipment, training, policies and procedures necessary to contain
 or  control  such  large-scale  thermal  runaway events (fires) or other
 incidents;
   (iii) possible environmental contamination  concerns  surrounding  the
 release  of  battery  materials  into the air, soil or area water table,
 including specific health risks to first responder personnel;
   (iv) available large-scale evacuation plans in the event  of  a  fire,
 toxic release or other incident;
   (v)  coordination  with  federal  resources for addressing large scale
 thermal runaway events; and
   (vi) any other issue or concern the commission deems necessary.
   (c) The commission shall hold at least 3 public  hearings  within  the
 state, 1 in each of the following appellate districts: the second appel-
 late  district;  the  third appellate district; and the fourth appellate
 district.
   (d) The commission shall submit a written report to the governor,  the
 temporary  president  of  the senate, the minority leader of the senate,
 the speaker of the assembly and the  minority  leader  of  the  assembly
 detailing  their  findings. This report shall be made publicly available
 on the division of homeland security  and  emergency  services'  website
 within 30 days of being published.
   (e) The commission shall conduct and complete such study no later than
 1  year  after  the  effective date of this act. The study shall include
 recommendations that shall have the full force and effect  of  rule  and
 regulation for all state agencies.
   § 4. This act shall take effect immediately.