Requires electric vehicle battery facilities to affix sign developed and produced by DEP to all facility entrances as notification that electric vehicle batteries are on-site.

A4042

ASSEMBLY, No. 4042

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

���� Requires electric vehicle battery facilities to affix
sign developed and produced by DEP to all facility entrances as notification
that electric vehicle batteries are on-site.

CURRENT VERSION OF TEXT

���� As 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.