New Jersey-2024-A1251-Introduced

An Act concerning cautionary signage at electric vehicle battery facilities and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. No later than one year after the effective date of this section, the Department of Environmental Protection shall:

(1) develop and produce an electric vehicle battery sign to be affixed to all entrance points of an electric vehicle battery facility that has electric vehicle batteries on-site; and

(2) develop a procedure for the distribution of the signs to electric vehicle battery facilities throughout the State.

b. The sign developed by the department pursuant to subsection a. of this section shall include, at a minimum:

(1) a symbol to represent the presence of electric vehicle batteries on-site, to be developed by the department;

(2) a statement that reads: "WARNING - ELECTRIC VEHICLE BATTERY;"

(3) any symbols that demonstrate the potential dangers or hazards associated with electric vehicle batteries, as determined by the department;

(4) formatting that ensures the sign is legible and easy to understand; and

(5) any other information the department deems necessary.

c. The purpose of the sign developed and produced by the department pursuant to subsection a. of this section shall be to notify first responders, upon entry into an electric vehicle battery facility, of the presence of electric vehicle batteries on-site and the potential dangers associated with electric vehicle batteries.

d. Beginning 18 months after the effective date of this section, the owner or operator of an electric vehicle battery facility shall affix the sign developed and produced by the department pursuant to subsection a. of this section to each entrance point of the facility in a manner determined by the department.

e. Beginning 18 months after the effective date of this section, an owner or operator of an electric vehicle battery facility who violates the provisions of subsection d. of this section shall be subject to a civil penalty of not less than $100 nor more than $250 for each offense. State and local law enforcement shall have exclusive authority to enforce this section and the penalty imposed shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which the violation continues shall constitute an additional, separate, and distinct offense. The Superior Court and the municipal court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. Any penalty recovered under this section shall be retained by the enforcing government entity.

f. As used in this section:

"Department" means the Department of Environmental Protection.

"Electric vehicle battery" means a rechargeable battery that is used to power the electric motor of an electric vehicle. "Electric vehicle battery" includes, but is not limited to, lithium-ion batteries, nickel-metal hydride batteries, and lead-acid batteries.

"Electric vehicle battery facility" means a facility that is used to produce, manufacture, assemble, store, repurpose, or recycle electric vehicle batteries.

"Electric vehicle battery sign" or "sign" means the sign developed and produced by the department pursuant to subsection a. of this section that is required to be affixed to each entrance point of an electric vehicle battery facility pursuant subsection d. of this section.

"First responder" means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of that individual's employment, is dispatched to the scene of an emergency situation for the purpose of providing medical care or other assistance.

2. This act shall take effect immediately.

STATEMENT

This bill would require, no later than one year after the bill's effective date, the Department of Environmental Protection (DEP) to: (1) develop and produce an electric vehicle battery sign to be affixed to all entrance points of an electric vehicle battery facility that has electric vehicle batteries on-site; and (2) develop a procedure for the distribution of the signs to electric vehicle battery facilities throughout the State. The purpose of the sign developed by the DEP pursuant to the bill is to notify first responders, upon entry into an electric vehicle battery facility, of the presence of electric vehicle batteries on-site and the potential dangers associated with electric vehicle batteries.

As defined in the bill, "electric vehicle battery facility" means a facility that is used to produce, manufacture, assemble, store, repurpose, or recycle electric vehicle batteries and "electric vehicle battery" means a rechargeable battery that is used to power the electric motor of an electric vehicle. "Electric vehicle battery" includes, but is not limited to, lithium-ion batteries, nickel-metal hydride batteries, and lead-acid batteries.

The sign developed by the DEP pursuant to the bill would be required to include the following information, at a minimum: (1) a symbol to represent the presence of electric vehicle batteries on-site, to be developed by the DEP; (2) a statement that reads: "WARNING - ELECTRIC VEHICLE BATTERY;" (3) any symbols that demonstrate the potential dangers or hazards associated with electric vehicle batteries, as determined by the DEP; (4) formatting that ensures the sign is legible and easy to understand; and (5) any other information the DEP deems necessary.

The bill would require, beginning 18 months after the bill's effective date, the owner or operator of an electric vehicle battery facility to affix the sign developed by the DEP pursuant to the bill to each entrance point of the facility in a manner determined by the DEP. Beginning 18 months after the bill's effective date, an owner or operator of an electric vehicle battery facility who violates the bill's provisions by failing to affix the required sign to each facility entrance would be subject to a civil penalty of not less than $100 nor more than $250 for each offense. In the case of a continuing violation, each day during which the violation continues would constitute an additional, separate, and distinct offense. The bill authorizes State and local law enforcement agencies to have the exclusive authority of enforcing the bill's provisions. The bill also incentivizes the enforcement of the bill's provisions by permitting any penalty recovered to be retained by the enforcing government entity.

Electric vehicle batteries can be hazardous and dangerous, especially if mishandled or if the batteries are damaged. Electric vehicle batteries, under certain circumstances, can cause fires, explosions, electrocutions, and chemical leaks. For this reason, it is crucial for the DEP to develop a sign to notify first responders of the presence of electric vehicle batteries at an electric vehicle battery facility and of the potential dangers associated with electric vehicle batteries. This sign will serve as a protective warning for first responders and help first responders proceed with caution when responding to an emergency in an electric vehicle battery facility.