We have to give it to Assemblyman Andrew Goodell for asking a really good question on the floor of the state Assembly last week.

Shortly before Democrats in the chamber approved legislation (A.6811) that will likely result in utility ratepayers from across New York state paying a new surcharge to replace old, faulty, fire-prone lithium-ion e-bike and e-scooter batteries, Goodell wondered why the state Attorney General’s office hasn’t filed a lawsuit against the battery makers instead, with proceeds from the lawsuit used to replace the bad batteries.

The debate, coming a week after Attorney Letitia James filed a lawsuit against large beef producers she says are fraudulently claiming to be on a path toward zero emissions, made for one of the most entertaining points a lawmaker has made on the Assembly floor in years, as we reported in Saturday’s edition.

“If she can sue beef manufacturers because cows pass gas, why isn’t she taking up the issue of defective electric batteries? Let’s get our priorities straight,” Goodell said.

All juvenile chuckles aside, Goodell makes a good point.

James is quick to file a lawsuit to score political points, but not one that could help protect New York City residents at a time when lithium-ion battery fires from charging e-bikes and e-scooters are one of the leading causes of fires in the city. The fact the Attorney General’s Consumer Products Safety Division hasn’t been engaged in this issue in a public way borders on negligence.

It’s a problem that hasn’t spread across the state yet, largely due to rural areas’ not having as many of the electric-assist devices per capita as are seen in New York City and the fact that the devices are being charged in smaller buildings that aren’t dealing with huge electrical loads. But fire-prone batteries are a major issue in New York City, so we don’t disagree with the legislature taking action.

We can, and do, disagree with making everyone in New York pay for the bad decisions of a few when there are other options. If the battery manufacturers were a bank, a certain former president, an engine manufacturer or a large beef producer with flatulent cows, a lawsuit would have been filed months ago.

James’ office issued consumer advisories the past couple of years, but nothing has been filed. And state legislators think you should pay every month on your utility bill for that inaction.

What a crock.

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