Provides that NYSERDA shall establish a program to provide new e-bikes at reduced or no cost in exchange for used unsafe e-bikes to certain delivery service workers; provides eligibility requirements to receive a reduced or no-cost e-bike under such program; requires e-bikes provided pursuant to such program be certified for compliance with certain safety standards; requires NYSERDA to collaborate with relevant agencies to inform eligible individuals about such program; and requires NYSERDA to submit an annual report on such program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1185B
SPONSOR: Tapia TITLE OF BILL:
An act to amend the public authorities law, in relation to establishing
an e-bike safety program
PURPOSE OR GENERAL IDEA OF BILL:
To establish an e-bike safety program that enables delivery service
workers to exchange unsafe e-bikes for new, certified models at reduced
or no cost, thereby reducing fire risks and improving public safety.
SUMMARY OF PROVISIONS:
Section 1: Amends Section 1854 of the Public Authorities Law to add a
new subdivision 27 creating an e-bike safety program.
Paragraph (a): Defines key terms, including "battery," "delivery service
worker," "e-bike," "unsafe e-bike," "accredited testing laboratory," and
"program."
Paragraph (b): Requires NYSERDA, in coordination with the Department of
Environmental Conservation and other agencies, to establish and adminis-
ter a program that provides new, certified e-bikes at reduced or no cost
to eligible delivery workers in exchange for unsafe e-bikes.
Paragraph (c): Excludes individuals who use e-bikes solely for recre-
ational purposes from participating in the program.
Paragraph (d): Establishes eligibility criteria requiring that appli-
cants have:
- Earned at least $1,500 in delivery work over the past 12 months, -
Ownership of an operable unsafe e-bike
- Attained the age of 18, and
- Residency in New York State.
Paragraph (e): Directs NYSERDA to implement the program within two years
and promulgate necessary rules, including application forms, documenta-
tion requirements, and procedures.
Paragraph (f): Requires that all new e-bikes provided meet safety stand-
ards certified by an accredited testing laboratory (e.g., UL 2849, UL
2271, or EN 15194) and that proof of certification be displayed on the
product or packaging.
Paragraph (g): Requires NYSERDA to collaborate with agencies to distrib-
ute educational materials and conduct outreach to inform workers about
the program.
Paragraph (h): Mandates an annual report to the Governor, Senate, and
Assembly leadership starting April 1, 2028, to include.
Section 2:
This act shall take effect immediately.
JUSTIFICATION:
The frequency and severity of fires caused by unsafe and uncertified
e-bikes have surged dramatically across New York State, especially in
densely populated areas like New York City. According to the Fire
Department of New York (FDNY), lithium-ion battery fires rose by nearly
600% between 2019 and 2023, with over 250 incidents and 18 fatalities
reported in 2023 alone. In addition to causing tragic loss of life,
these fires have displaced hundreds of New Yorkers and caused millions
of dollars in property damage.
A key driver of this crisis is the prevalence of unsafe e-bikes with
uncertified batteries. Many delivery service workers, the majority of
whom are immigrants and low-income individuals, rely on second-hand,
uncertified e-bikes due to the high cost of new, compliant models. New
York City is home to more than 65,000 delivery workers, a group that
faces significant financial hardship and risks while performing essen-
tial work. A recent report by Los Deliveristas Unidos, a collective of
delivery workers, found that most workers earn below the minimum wage
and often must pay out-of-pocket for equipment, including e-bikes..
The introduction of a structured, state-administered program offering
new, certified e-bikes in exchange for unsafe ones will provide immedi-
ate and long-term safety benefits. Certified e-bikes, tested to stand-
ards such as UL 2849 and EN 15194, significantly reduce the risk of
battery fires and mechanical failures. This legislation not only
addresses a pressing public safety threat but also supports an often-ov-
erlooked workforce critical to the functioning of New York's food deliv-
ery and service economy.
By coupling this initiative with robust outreach and education, this
program will ensure delivery workers are informed and empowered to
access safer equipment. The annual reporting requirements will provide
transparency and accountability, ensuring the program's impact is meas-
urable and effective.
This legislation responds to a call for urgent action from fire safety
experts, delivery worker advocates, and local government officials who
have warned of the dangers posed by uncertified e-bikes. It balances
public safety with economic fairness by easing the financial burden on
delivery workers while enhancing community safety.
PRIOR LEGISLATIVE HISTORY:
2023-2024 Session: Passed both houses as A6811-C but was vetoed by the
Governor.
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1185--B
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. TAPIA, DAVILA, DINOWITZ, SEAWRIGHT, HYNDMAN --
read once and referred to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public authorities law, in relation to establishing
an e-bike safety program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1854 of the public authorities law is amended by
2 adding a new subdivision 27 to read as follows:
3 27. E-bike safety program. (a) For purposes of this subdivision, the
4 following terms shall have the following meanings:
5 (i) "Battery" means a storage battery in which an electrical current
6 is generated.
7 (ii) "Delivery service worker" means an individual who performs pick-
8 up, transportation, and delivery of food, goods, or packages for compen-
9 sation, whether through an app-based platform, a third-party network, or
10 direct employment by a business offering delivery services.
11 (iii) "E-bike" means a bicycle with electric assist as defined by
12 section one hundred two-c of the vehicle and traffic law.
13 (iv) "Unsafe e-bike" means an e-bike that is not certified by an
14 accredited testing laboratory for compliance with a battery stand-
15 ard referenced in UL 2849, UL 2271, or EN 15194, or such other safety
16 standard approved by the department of state pursuant to regulation.
17 (v) "Accredited testing laboratory" means a nationally recognized
18 testing laboratory as recognized by the federal occupational safety and
19 health administration or an independent laboratory that has been certi-
20 fied by an accrediting body to ISO 17025 or ISO 17065.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02631-06-5
A. 1185--B 2
1 (vi) "Program" means the program developed pursuant to paragraph (b)
2 of this subdivision.
3 (b) No later than two years after the effective date of this subdivi-
4 sion, the authority, in collaboration with the department of environ-
5 mental conservation and any other appropriate agency, shall develop and
6 administer a program to provide new e-bikes at reduced or no cost in
7 exchange for used unsafe e-bikes to delivery service workers, subject to
8 eligibility requirements established by the authority.
9 (c) Individuals utilizing e-bikes solely for recreational purposes
10 shall not be eligible for the program.
11 (d) To be eligible for a reduced or no cost e-bike under the program,
12 a delivery service worker applying to such program shall:
13 (i) have earned at least one thousand five hundred dollars over the
14 twelve months preceding the application submission period as a delivery
15 service worker;
16 (ii) own an eligible used unsafe e-bike that is in operable condition;
17 (iii) be at least eighteen years of age; and
18 (iv) reside in New York state.
19 (e) Within two years of the effective date of this subdivision, the
20 authority shall implement and administer this subdivision including
21 promulgating rules relating to the forms required to exchange a used
22 unsafe e-bike for a new e-bike, the required documentation for estab-
23 lishing eligibility, procedures and guidelines for exchanging a used
24 unsafe e-bike for a new e-bike, and the collection of economic impact
25 data from applicants and any other requirements the authority deems
26 necessary.
27 (f) All new e-bikes provided at reduced or no cost pursuant to the
28 program shall be certified by an accredited testing laboratory for
29 compliance with safety standards referenced in UL 2849, UL 2271, or EN
30 15194, or such other safety standard approved by the department of state
31 pursuant to regulation. Such certification or the logo, wordmark, or
32 name of such accredited testing laboratory shall be displayed on packag-
33 ing or documentation at the time of sale for a product or directly on
34 such product itself.
35 (g) The authority shall collaborate with relevant agencies to develop
36 and distribute educational materials and conduct outreach efforts to
37 inform eligible individuals about the program and the application proc-
38 ess for its services.
39 (h) No later than April first, two thousand twenty-eight, and annually
40 thereafter, the authority shall issue a report to the governor, the
41 temporary president of the senate, and the speaker of the assembly
42 detailing the status of the program. Such report shall at a minimum
43 include:
44 (i) the amount of funding dedicated by the authority for the program
45 in the preceding year;
46 (ii) the number of exchanges provided; and
47 (iii) any other information the authority deems necessary.
48 § 2. This act shall take effect immediately.
