Gov. Newsom on Sunday signed legislation setting standards for the storage of e-bikes, e-scooters, and other battery-powered micro-mobility devices in California rental housing.

SB 712 by Sen. Anthony Portantino, D-La Cañada Flintridge, generally allows tenants to store these devices indoors, but with some exceptions based on factors such as battery type, whether the tenant has insurance, and whether the landlord can provide storage outside the unit.

The new regulations, which take effect Jan. 1, 2024, recognize the growing importance of micro-mobility devices in urban transit, while also addressing concerns about fires linked to faulty batteries in some e-bikes.

For landlords and tenants looking for specifics, e-bike batteries should comply with either the UL 2849 standard, recognized by the United States Consumer Product Safety Commission, or the EN 15194 European Standard for electrically powered assisted cycles. E-scooters, on the other hand, need to align with the UL 2272 standard from the U.S. or the EN 17128 European Standard for personal light-electric vehicles.

If a device’s battery fails to meet these standards, the landlord can mandate that the tenant maintain liability insurance if they store the device in the rental unit, and the landlord can prohibit the tenant from charging the device inside the unit.  

“This requirement will help to ensure that the building and tenants are safe from potential fires caused by uncertified device batteries,” states a letter from the California Apartment Association to the author.

SB 712 gives landlords the option to provide tenants with exterior “secure, long-term storage” for their devices. If such storage is offered, landlords can prohibit the in-unit storage of these devices. This external storage aims to ensure safety and accessibility for all residents. Additionally, while tenants are permitted to perform minor maintenance tasks, such as tire changes, inside their rental units, other repairs, particularly those involving batteries or motors, can be restricted by the landlord.

It’s essential for all stored devices to adhere to fire codes, especially guidelines set by the Office of the State Fire Marshal concerning lithium-ion battery safety.

CAA is producing compliance materials to help landlords navigate and implement the new requirements effectively.