If a new City Council bill gains traction, third-party delivery apps such as Uber Eats and GrubHub may soon have to provide certified e-bikes and batteries to some of their 60,000 drivers who deliver food across the five boroughs.
The bill – which is set to be introduced on Thursday – is the latest attempt to quell the hundreds of e-bike related fires that occur each year in the city and hold the delivery apps more responsible for the safety of their drivers.
But if the measure becomes law, it’s sure to face significant backlash from the apps — along with potentially well-funded legal challenges.
“We need to make sure that everyone in this ecosystem helps resolve this crisis that we’re seeing, including – and again, especially – the companies that rely on these delivery workers,” Councilmember Oswald Feliz, the bill’s primary sponsor, told Gothamist in an interview.
New York City is facing a surge of deadly fires caused by e-bikes that are powered by lithium-ion batteries. But some of the city’s delivery workers – many of whom are low-income – rely on these kinds of e-bikes because they are often cheaper than the certified varieties. Certified batteries for these bikes typically cost at least $600.
Last week, fire officials said there have been 175 e-bike-related fires in 2023, which have resulted in 14 deaths and 96 injuries.
City officials are scrambling to enact legislation that will lower those numbers. Last year, the city signed a package of bills surrounding e-bike safety, including one set to take effect next week that will prohibit the sale and distribution of e-bikes that don’t meet the city’s safety standards.
But so far the situation has grown more dire: In June, an e-bike repair shop in Chinatown burst into flames twice in one week, killing four people. A month later, a family – including a newborn – escaped a fire in the Belmont neighborhood of the Bronx after an e-bike in the apartment caught ablaze.
“Fires caused by lithium-ion batteries are fast-moving like explosions and create a significant threat to public safety and the safety of our members,” FDNY Commissioner Laura Kavanagh said during a press conference last week. .
But even if Feliz’s bill receives enough support to pass, it will likely face a long, lengthy legal battle from the delivery apps, based on past attempts to regulate the industry.
New York City’s planned $18 minimum wage law for local delivery workers – the first in the country – stalled days before taking effect after DoorDash, Grubhub, Uber and Relay filed a lawsuit in July. The bill’s status remains uncertain.
In California, a ballot measure that would require delivery apps treat its drivers in California as employees — and not independent contractors without benefits — remains in legal limbo. And it took a two-year investigation for Chicago officials to get Uber Eats and Postmates to agree to a $10 million settlement after the companies listed some local restaurants on the apps without consent.
Feliz said he and his colleagues are looking forward to “very productive” conversations with the delivery apps in the near future.
“We’ve looked into the technical, legal details of the bill,” he said. “And I am very confident that it is something that we can move forward with.”
DoorDash, Grubhub, Uber and Relay did not immediately respond to requests for comment. The mayor’s office did not immediately respond to questions about whether the bill would have Mayor Eric Adams’ support.
Earlier this year, Uber announced it would subsidize a trade-in program for certified e-bikes and donated $100,000 to the FDNY. A spokesperson for Grubhub told Gothamist that it is “actively pursuing partnerships to ensure safer e-bike use,” but did not delve into specifics.
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