Lithium-Ion Batteries A Clear and Present Danger in Connecticut

The warning from the Fire Department of the City of New York is blunt and to the point:

“Lithium-ion battery fires are very dangerous. Water may not prevent a battery from burning and spreading. Battery cells are known to explode and quickly spread to another battery. These batteries may continue to generate heat even when there is no visible sign of fire. Once heat reaches a certain level fire may reignite on the battery and surrounding area. Fire Extinguishers do not work on lithium-ion batteries fires.”

The tragic circumstances seen in New York and nationwide caused by lithium-ion battery fires have been documented to varying degrees. At a July hearing held by the federal Consumer Product Safety Commission, testimony by New York officials underscored how serious the lithium-ion battery fire problem has become there: batteries are a leading cause of fatal fires, and just this year, “these batteries have led to 87 injuries and 13 deaths in NYC alone” one official pointed out.

Published reports indicate that in Greater Boston, lithium-ion battery fires in April and June displaced almost a dozen people and sent three to the hospital. In Connecticut, the town of Wilton earlier this year published on its town website a series of safety tips provided by the National Fire Protection Association, noting that “if not used correctly, or if damaged, these batteries can catch on fire or explode.” The Town of Fairfield’s Fire Department also provides tips on its official website, as does the Town of Essex Fire Marshall’s office. A Connecticut Fire Academy warns fire fighters to “watch for a rapid & highly pressurized release of flammable gases/smoke followed by jet like flames.”

While federal action has been elusive – bills are pending in both the House and Senate in Congress - New York City has approved new regulations that took last month in an effort to heighten safety standards. The city has developed a comprehensive website reporting on the new law and public information initiatives. Four key components of the NYC efforts: “Promoting safe battery use, increasing education and outreach to e-bike users, advocating for additional federal regulation, and expanding enforcement against high-risk situations.” The New York Times reported on the new oversight in New York City as it took effect in September.

The State of Connecticut has apparently yet to take action.

According to the Office of Legislative Research (OLR), which provides “objective research for Connecticut’s legislature,” there do not appear to be any Connecticut statutes or regulations concerning the use of lithium-ion batteries in electric bicycles (”e-bikes”). OLR points out that Connecticut law (CGS § 14-289l) requires e-bike manufacturers to comply with the manufacturing standards in federal regulation (16 C.F.R. 1512). However, this regulation does not address e-bike batteries or electric motors, OLR explained. The state Department of Consumer Protection does not appear to have any oversight responsibility in this area.

OLR noted that “on March 20, 2023, New York City enacted a law requiring that all micromobility devices (including e-bikes) and their batteries sold, leased, or rented in the city comply with applicable UL consumer safety standards. The first-time penalty for non-compliance is a warning. Subsequent violations can result in civil fines of up to $1,000 per device. The law took effect on September 16, 2023.”

There do not appear to be “any federal statutes concerning the use of lithium-ion batteries in e-bikes,” OLR reported, pointing out that Congressional proposals “H.R. 1797 and S. 1008, if enacted, would require the Consumer Product Safety Commission (CPSC) to establish a product safety standard for rechargeable lithium-ion batteries in micromobility devices. The bills are pending and waiting on committee action.” CPSC held a hearing in late July, but action has yet to be taken by the agency or in Congress.

This summer, The Hartford insurance company posted consumer information on lithium-ion batteries to its website, beginning with this data: “Over the last decade, the lithium-ion battery market has grown massively – and it continues to expand, with a projected increase of 19% from 2023 to 2030… According to the U.S. Consumer Product Safety, lithium-ion batteries have caused 25,000 fires in the last five years.”

“Lithium-ion batteries not only increase the number of fires, but they especially increase the severity of a fire event due to the thermal runaway potential which can occur with these batteries. Thermal runaway is a phenomenon which causes rapid fire intensification due to a flammable electrolyte within the cells, and it can quickly spread to adjoining battery modules and packs,” said Kenneth Travers, property technical manager for the risk engineering team at The Hartford.

The University of Connecticut instituted a policy effective August 31, 2023, with the start of the current academic year. That policy states that “The storage, charging, and maintenance of Motorized Personal Transportation Vehicles within University-owned and/or managed buildings, or through use of the University’s electrical infrastructure is strictly prohibited. Exceptions to this Policy are MPTVs that are used for medical purposes (e.g., lithium-ion battery powered wheelchairs) and items used in approved and supervised research activities.”

A visibly UConn-branded safety video, produced by the Connecticut Commission on Fire Prevention & Control in partnership with the UConn Fire Department, is included on the website of the town of Middlebury Fire Marshal’s office.

The Connecticut legislature convenes in February 2024, and the filing of legislative proposals remains months away. In the interim, OLR has provided best practices developed by the New York City Fire Department for Connecticut legislators and the public to consider: