It's a short circuit.
The Adams administration is blocking its own effort to build safe outdoor battery-charging infrastructure by making it nearly impossible for companies to install the lithium-ion battery cabinets that city officials have long hyped as a way to reduce fires.
In February, the Fire Department changed how it approves new charging cabinets, and, as a result, the companies say they are in a holding pattern because they can't get necessary approvals.
Because of the new regulation — in combination with a lack of agency coordination, pricey applications and pervasive confusion — nothing is being built, even though the administration said outdoor e-bike charging infrastructure would be a major part of solving the e-bike battery fire crisis.
“[The inability to expand] impacts safety because it means that we can't get new cabinets in the ground, and it means that we can't provide an alternative to people charging at home,” said Holland Cathey, who leads U.S. expansion for German battery swap and charging cabinet company Swobbee. “People who really want to use our system ... just go further underground. We've heard stories of people charging in closets, because then FDNY can't see the batteries charging, which is really not good.”
Previously, the Fire Department accepted a “Letter of No Objection” as proof of cabinet safety. The letters could be obtained after testing in one of the federal Occupational Safety and Health Administration’s nationally recognized labs.
But now, if a company wants to install a commercial e-bike charging cabinet, it needs to meet a new standard created by UL Solutions, the global leader in lithium ion battery safety. The new standard, UL 1487, is a comprehensive test aimed at preventing “thermal runaway,” which is a chain reaction that causes the lithium ion batteries used to power e-bikes to blow up and catch fire.
The catch is, labs aren't able to run the new test because OSHA has not yet added UL 1487 to its list of “Appropriate Test Standards,” according to businesses that build these cabinets. Now, new charging infrastructure in New York City is effectively blocked, leaving the e-bike charging industry in a holding pattern.
UL confirmed with Streetsblog that the new UL 1487 standard was not yet on OSHA's list — and it won't be for some time. The company is still "preparing the required documentation to formally apply for adding UL 1487 to OSHA’s NRTL scope," according to global spokesman Steven Brewster.
The company said that even though the test is not approved by OSHA, companies can still run the test at UL's own lab. Multiple local businesses told Streetsblog this has not been the case.
When Streetsblog asked FDNY what was going on, the agency denied that there was a problem, saying that it was assured by UL that the tests could be run.
“The FDNY, as well as other city partners such as the Department of Transportation and the Department of Buildings, has had multiple meetings with representatives from UL, who have assured us that UL 1487 testing is available,” said FDNY spokesperson Amanda Farinacci.
When Streetsblog followed up, the agency offered more of a riddle than a response, using passive language and highlighting the lack of guidance coming from the agency.
"The Bureau of Fire Protection has conceptually agreed to accept 1487 testing from a lab, that holds in general a Nationally Recognized Testing Lab (OSHA) certification, provided that they adhere to and comply with the Underwriters Labs Testing Standards for UL 1487. This would apply even if they have not received a final OSHA Nationally Recognized Testing Lab certification for UL 1487. (UL 1487 testing and OSHA NRTL Certification are not the same). In fact, some testing labs, outside the U.S. can test to UL standards," said Farinacci.
Nonetheless, the problem remains, companies say they cannot do the test, and the Fire Department confirmed that there have been no approvals or applications since the new standard was announced in February. And without new outdoor charging infrastructure, New Yorkers will continue to charge their e-bike batteries in apartments, a known fire risk.
“I totally understand that FDNY wants to be safe, and we're in communication with them all the time, but the bureaucracy is quite frustrating," said Cathey.
Swobbee was one of three companies selected for the city’s stalled e-bike battery charging pilot, along with Popwheels and Swiftmile (which is now out of business). But even though the pilot was held up as a success by the administration – the experiment lowered the rate of at-home charging – Swobbee has not been able to install any new cabinets in the city.
But it’s actually a New York problem; the company has had success rolling out safe charging infrastructure in Jersey City.
“Most cities would would allow us a much longer lead time to prepare for [a new certification], especially given that we can't even test for it yet. In Jersey City, for example, we were quite easily able to roll out, and we are already active,” said Cathey.
The FDNY has previously approved only nine charging cabinets citywide. Popwheels has two locations, including a recently opened site at the Ebbets Field Apartments that was approved using the Letter of No Objection process. Popwheels is now in the same position as Swobbee, waiting for the new certification to be possible.
The city has an estimated 80,000 delivery workers riding the streets for app companies like UberEats, DoorDash, and GrubHub – not all of these workers use e-bikes, but the thousands that do will need a lot more cabinets if they are to avoid charging indoors.
Broken promises
The rapid onset of the battery fire crisis had the city scrambling for solutions. In 2019, just 30 fires were caused by lithium ion batteries, by 2021 that number jumped to 104. At the peak of the crisis in 2023, there were 268 reported fires, 150 reported injuries and 18 fatalities.
The city has been successful in curbing injuries and deaths from lithium ion battery fires, but the number of fires caused by these devices has not meaningfully decreased. This year, as of Oct. 10, there have been 223 lithium ion battery fires recorded by FDNY resulting in 41 injuries and 1 death. Last year, there were a total of 279 fires, 99 injuries and 6 fatalities.
In 2024, it seemed like the city was ready to switch from putting out fires (literally) to preventing them from starting. At a press conference that August, then FDNY Commissioner Laura Kavanagh stood beside Mayor Adams to announce new initiatives as part of the administration's “Charge Safe Ride Safe: Micromobility Action Plan.”
At the press conference, next to the city’s pilot program charging cabinets, the mayor announced that the city would be granting permits, known as revocable consent, to business owners and landlords who want to install e-bike charging cabinets on the sidewalk outside their buildings. Yet even though applications opened on Feb. 1, not a single application is in progress, seven months later, according to the DOT.
The makers of these cabinets say they have landlords approaching them with interest, but the application is cost-prohibitive and the different agency rules contradict each other.
The DOT's rules require "the prior written approval of the New York City Fire Department." But to get the FDNY approval, companies need UL 1487, which they can't get, and the fire department's rules state that cabinets need to be 15 feet away from "hazardous material," like "flammable and combustable liquids." And what can be considered "hazardous"? A parked car with a tank full of gas.
“I don't know if there's a lot of communication between the agencies here. DOT is great in that they want this on the sidewalk with revocable consent, for example. But then FDNY wants a 15-foot clearance to parked cars. So if you want to put something on a sidewalk, it's a bit difficult to be 15 feet from a parked car,” said Cathey.
DOT spokesman Vincent Barone told Streetsblog that the department is “ready” to work with private sector applicants.
“DOT’s e-bike charging pilot brought momentum for new charging stations across the city, including on private property and near City Hall, where a new charging hub is being constructed. We are ready to work with the private sector on applications for charging stations on public land,” he said.
The City Hall site is a part of a “Deliverista Hub” project that has been in the works since 2023. As for the private sector, unless the regulation bottleneck is freed, no new sites will be approved.
“I do have the feeling that there's individuals in every agency who are really excited to get this done. … But one person or two people at an agency isn't enough to move the whole agency,” said Cathey.
