Editorial: Battery of efforts: As fire officials strategize, federal lithium-ion battery regulatory bill stalls

This week, fire officials from around the country are gathering with the FDNY and federal Department of Homeland Security types in New York with one pressing focus — addressing the scourge of the exploding battery, specifically the unregulated lithium-ion batteries often used for micro-mobility devices like e-bikes, which in recent years have frequently overheated and caused deadly, damaging, and hard-to-put-out fires.

The officials from New York, Seattle, Denver, Chicago and Atlanta will share notes on how to track and contend with these fires as they become one of the leading fire hazards. The FDNY so far this year has counted 227 such fires, compared to 233 at the same time last year.

This type of specialized national effort and organization doesn’t happen unless there’s an acute need and a significant danger. A few years ago, the idea of a lithium-ion battery fire probably wouldn’t have brought much to mind for an average New Yorker. Now, it’s become part of our public safety parlance, unfortunately driven not just by theoretical risk but the very real incidents that have taken place. Last year, a total of 18 New Yorkers were killed by such fires; while fatalities have fortunately been dropping, the issue is far from eradicated. Last week, a Bronx man became the fifth person killed by a battery fire this year.

This is one more instance of technology and society advancing too quickly for regulation and prevention to meaningfully keep up. The proliferation of app-based delivery has exploded the popularity of these lithium-ion battery-powered bikes and scooters, which in turn has driven workers — who are by and large lower-income folks looking to ameliorate the steep up-front costs of getting set up to do the work — to cheaper, less well-manufactured and more dangerous batteries. These are simple market dynamics, but unfortunately ones where the triumph of the cheaper product is leading to injury and death.

The solution here is to delineate clear regulatory authority to specifically handle these batteries, and fast. The good news is that there is specific legislation to do this; we commend Rep. Ritchie Torres and Sen. Kirsten Gillibrand for sponsoring legislation in Congress to vest the Consumer Product Safety Commission with the ability and directive to write policies mandating safety standards for such batteries and the devices they power.

The measure passed the House on an overwhelming 378-34 vote in May. The bad news is that this legislation hasn’t advanced in months despite wide bipartisan support, stopped in its tracks by one man: Texas Sen. Ted Cruz, whose crusade around gas stoves and the CPSC’s efforts to regulate them is leading him to punish the agency about something entirely unrelated.

Texas might not have the volume of e-bike delivery drivers and attendant fires that NYC does, but there certainly have been tragic fires in the state. Fire officials all over the country have pushed for this type of bill specifically because it’s a growing issue that should have no political wrangling component. It’s basic public safety.

Cruz should get with the program and stop holding up a fire-safety bill that has the support of just about everyone.

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