Bill Text: NY A04938 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Passed) 2024-07-11 - signed chap.195 [A04938 Detail]

Download: New_York-2023-A04938-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4938--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by  M.  of  A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
          GLICK, SEAWRIGHT, OTIS -- read once and referred to the  Committee  on
          Consumer Affairs and Protection -- committee discharged, bill amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to the manufacture
          and  sale  of  lithium-ion batteries for use in light electric-powered
          vehicles or personal electric mobility devices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  391-w to read as follows:
     3    §  391-w.  Lithium-ion battery standards. 1. No person, firm, partner-
     4  ship, association or corporation shall manufacture, distribute  or  sell
     5  in  this state any lithium-ion batteries or chargers for any light elec-
     6  tric-powered vehicle or personal electric  mobility  device  such  as  a
     7  bicycle  or scooter powered mobility device that have not been certified
     8  by a nationally recognized testing laboratory for compliance with under-
     9  writers laboratories (UL) standard 2271, underwiters  laboratories  (UL)
    10  standard  2272,  or  if  such  battery  is part of a complete electrical
    11  system, underwriters laboratories (UL) standard 2849.
    12    2.  Such  certification  or  the  logo,  wordmark,  or  name  of  such
    13  nationally  recognized testing laboratory must be displayed on packaging
    14  or documentation at the time of sale for the product or directly on  the
    15  product itself.
    16    3.  A violation of this section shall be punishable by a civil penalty
    17  of five hundred dollars for the first violation and one thousand dollars
    18  for each subsequent violation.
    19    § 2. This act shall take effect on the ninetieth day  after  it  shall
    20  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08938-04-3