Addressing an Emerging Threat: Lithium-Ion Battery Safety Legislation

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Public Safety
Margaret Cunzio actively firefighting

As a volunteer firefighter, I've witnessed firsthand the devastating fires caused by lithium-ion batteries. These aren't ordinary fires—they burn hotter, spread faster, and pose unique dangers to first responders and residents. That's why I championed legislation to address lithium-ion battery safety in Westchester County, helping to establish some of the nation's most comprehensive protections against battery-related fires.

A Firefighter's Perspective on a Growing Danger

When I completed my Firefighter 1 training at the Department of Emergency Services and began serving with the Thornwood Fire Department, I learned about emerging threats that weren't part of traditional firefighting. Lithium-ion battery fires represent one of the most significant new challenges facing fire departments across the country.

These fires are different:

  • Thermal runaway: Once a lithium-ion battery catches fire, the reaction can spread to adjacent cells, causing cascading failures
  • Extreme heat: Battery fires can reach temperatures exceeding 1,000 degrees Fahrenheit
  • Toxic gases: Burning batteries release hydrogen fluoride and other poisonous gases
  • Difficulty extinguishing: Water can be ineffective and may even exacerbate certain battery fires
  • Re-ignition risk: Batteries can re-ignite hours or even days after the initial fire appears extinguished

As a firefighter and as a legislator, I understood that preventing these fires requires a two-pronged approach: regulating the products themselves and educating the public about safe usage.

The Scope of the Problem

Lithium-ion batteries power the modern world. From smartphones and laptops to electric vehicles and e-bikes, these batteries are ubiquitous. And therein lies the problem—as their use has exploded, so have battery-related fires.

The Statistics Are Alarming:
  • Battery-related fires have increased dramatically in recent years
  • E-bike and e-scooter batteries pose particular risks when charged indoors
  • Substandard, counterfeit, or damaged batteries significantly increase fire danger
  • Residential fires caused by lithium-ion batteries have resulted in fatalities nationwide
  • First responders face unique hazards when battling battery fires
Common Fire Scenarios:
  • Improper charging practices (overnight charging, using incorrect chargers)
  • Physical damage to batteries from drops or impacts
  • Exposure to extreme temperatures
  • Use of counterfeit or uncertified replacement batteries
  • Improper storage of multiple devices or spare batteries
  • DIY battery repairs or modifications

In New York City alone, lithium-ion battery fires killed 18 people and injured 150 in one year—a staggering toll from what many people consider routine consumer products.

The Westchester County Legislation

In November 2023, the Westchester County Board of Legislators passed comprehensive lithium-ion battery safety legislation, which County Executive George Latimer signed into law. I supported this legislation and advocated for its passage, recognizing the urgent need to protect our communities.

Key Provisions: Product Standards:
  • Prohibits the sale, lease, or rental of devices and equipment unless they utilize properly graded, factory-installed batteries
  • Requires batteries to meet recognized safety standards (UL certification or equivalent)
  • Bans the sale of re-assembled, refurbished, or second-use batteries that don't meet safety standards
  • Prohibits sale of products with damaged or recalled batteries
Retail Requirements:
  • Retail outlets must post warning signs about lithium-ion battery fire risks
  • Signage must include safe charging and storage guidance
  • Stores selling high-risk products (e-bikes, e-scooters, power tools) must provide safety information
  • Non-compliance can result in penalties and enforcement actions
Public Education:
  • Development and launch of a countywide public information campaign
  • Educational materials about safe battery use, charging, and storage
  • Guidance on proper disposal of old or damaged batteries
  • Resources for first responders on safely handling battery fires
Multi-Departmental Coordination:
  • Department of Emergency Services provides firefighter training
  • Department of Environmental Facilities oversees battery recycling and disposal
  • Department of Consumer Protection handles retail compliance and enforcement
  • County Health Department addresses toxic exposure concerns

Why I Championed This Legislation

When I stood before my colleagues on the Board of Legislators to advocate for this law, I spoke from both professional experience and personal conviction:

"Lithium-ion batteries are increasingly found in devices that the public and first responders interact with every day—including cars, scooters, laptops and electric bikes. As a volunteer firefighter, I have witnessed firsthand the damage that these devices can cause. This legislation is a starting point to help protect lives and property and provides the necessary framework to help prevent devastating battery-related incidents."

That statement reflects three key motivations:

Protecting Residents:

Preventing fires before they start saves lives, homes, and property. Requiring safe batteries and educating consumers reduces risk.

Protecting First Responders:

Firefighters face enough dangers without adding unpredictable, chemical-fueled battery fires. Training and prevention protect those who run toward danger.

Establishing a Framework:

This legislation created infrastructure for addressing current risks while allowing adaptation as battery technology evolves.

The Challenge of Enforcement

Strong legislation only works with effective enforcement. Westchester's approach includes multiple layers:

Point of Sale:

Retailers bear responsibility for selling only compliant products and providing required warnings. This frontline control prevents unsafe batteries from entering homes.

Consumer Protection:

The Department of Consumer Protection can investigate complaints, inspect inventory, and penalize non-compliant retailers.

Public Reporting:

Residents can report retailers selling substandard batteries or failing to post required warnings, making enforcement a community effort.

Disposal Options:

Providing safe battery disposal locations prevents improper dumping and reduces environmental hazards from damaged batteries.

Ongoing Monitoring:

Regular review of battery fire incidents helps identify emerging risks and adjust regulations accordingly.

Emerging Risks: Battery Energy Storage Systems

While the initial legislation focused on consumer devices, a new threat has emerged: large-scale Battery Energy Storage Systems (BESS) used for residential and commercial energy storage.

Recognizing this gap, County Executive Ken Jenkins signed additional legislation in 2025 requiring municipalities to notify the Department of Emergency Services about non-residential BESS installations. This ensures:

  • First responders know about BESS locations before emergencies occur
  • 911 dispatchers can provide critical information to responding units
  • Local fire departments can develop appropriate emergency response plans
  • Site-specific safety information is available when needed

This proactive approach reflects lessons learned: as battery technology evolves, our safety regulations must evolve with it.

The First Responder Reality

As a firefighter, here's what I know about lithium-ion battery fires:

They're Unpredictable:

A small battery fire can rapidly escalate. What appears extinguished may re-ignite. Damaged but not burning batteries remain hazardous.

They Require Specialized Response:

Standard firefighting techniques may be ineffective or dangerous. Specialized training and equipment are essential.

They Create Lasting Hazards:

Even after a fire is extinguished, toxic residue, damaged structural elements, and potentially unstable batteries remain dangerous.

They Affect Entire Buildings:

Battery fires in multi-family buildings or commercial structures can displace dozens or hundreds of people and cause millions in damage.

They're Preventable:

Most battery fires result from avoidable causes: substandard products, improper charging, physical damage, or poor storage. Regulation and education can dramatically reduce incidents.

That last point is crucial. We're not facing an unsolvable problem—we're facing a preventable one. Proper legislation, enforcement, and public education can substantially reduce lithium-ion battery fires.

Public Education: The Other Half of Safety

Legislation regulates what's sold; education governs how it's used. Westchester's comprehensive approach includes public outreach:

Safe Charging Practices:
  • Use only manufacturer-approved chargers
  • Never charge devices unattended overnight
  • Charge in areas away from exits and sleeping areas
  • Don't charge on flammable surfaces (beds, couches, carpets)
  • Unplug devices once fully charged
Proper Storage:
  • Store batteries at moderate temperatures
  • Keep spare batteries in original packaging or cases
  • Store away from flammable materials
  • Don't store multiple batteries touching each other
  • Keep batteries away from children and pets
Recognizing Warning Signs:
  • Unusual heat during charging
  • Swelling or bulging battery casings
  • Strange odors
  • Discoloration or leaking
  • Device not charging properly
Disposal Guidelines:
  • Never throw batteries in regular trash
  • Use designated battery recycling locations
  • Don't attempt to disassemble or repair damaged batteries
  • Transport damaged batteries carefully
  • Report disposal locations not accepting lithium-ion batteries
Emergency Response:
  • Evacuate immediately if battery fire occurs
  • Call 911 and report lithium-ion battery fire
  • Don't attempt to extinguish unless properly trained
  • If safe to do so, remove device from building
  • Alert neighbors in multi-family buildings

The Economic Dimension

Some questioned whether battery safety regulations would harm businesses or limit consumer choices. The evidence suggests otherwise:

Legitimate Retailers Benefit:

Regulations level the playing field by preventing unfair competition from sellers of substandard products.

Consumer Confidence Increases:

Knowing products meet safety standards encourages purchases rather than discouraging them.

Insurance Costs Decrease:

Fewer fires mean lower insurance premiums for property owners and businesses.

Healthcare Costs Reduce:

Preventing fires avoids burn injuries, smoke inhalation, and other medical expenses.

Property Values Protect:

Battery fire prevention protects residential and commercial property values by reducing catastrophic loss risks.

Strong safety regulations support economic vitality by reducing risk and building trust—they don't undermine it.

Looking Forward: Technology and Regulation

Battery technology continues evolving. Solid-state batteries, improved thermal management, and enhanced safety features promise safer products. But as technology changes, regulations must adapt.

Westchester's legislation provides a framework that can incorporate new developments:

  • Standards can update to reflect improved safety certifications
  • Public education can address new product categories
  • Enforcement can target emerging risks
  • Training can incorporate new response techniques

By establishing core principles—certified products, public awareness, retailer accountability, first responder preparedness—we've created legislation that remains relevant as technology advances.

Call to Action

For Residents:
  • Check devices for recall notices regularly
  • Use only approved chargers and follow manufacturer instructions
  • Dispose of old or damaged batteries properly
  • Report retailers selling non-compliant products
  • Share battery safety information with family and neighbors
For Retailers:
  • Ensure all battery-powered products meet safety standards
  • Display required warning signage prominently
  • Educate staff about battery safety regulations
  • Source products from reputable, compliant manufacturers
  • Report wholesale suppliers offering substandard products
For Property Owners:
  • Install smoke detectors and fire extinguishers
  • Consider prohibiting large battery charging in certain areas
  • Provide battery disposal options for tenants
  • Include battery safety in tenant education programs
  • Report BESS installations to local fire departments
For First Responders:
  • Complete lithium-ion battery fire training
  • Pre-plan responses for known BESS locations
  • Stock appropriate firefighting equipment
  • Share lessons learned across departments
  • Advocate for resources and training budgets

The Intersection of Innovation and Safety

Electric vehicles, renewable energy storage, and portable electronics can improve our lives in countless ways. Lithium-ion batteries enable technologies that reduce carbon emissions, increase convenience, and expand opportunity.

But innovation must include safety. We can enjoy the benefits of battery-powered devices while minimizing fire risks through smart regulation, proper enforcement, and public education.

As a firefighter who has seen battery fire damage, and as a legislator responsible for protecting public safety, I'm committed to ensuring Westchester County leads on this issue. Our comprehensive approach—regulating products, educating consumers, supporting first responders—provides a model for other communities facing similar challenges.

The lithium-ion battery safety legislation represents government working as it should: identifying emerging threats, crafting evidence-based solutions, implementing practical regulations, and adapting as circumstances change.

Every life saved, every fire prevented, every first responder protected validates this work. And that makes every legislative battle worthwhile.