Bill Text: NY A05310 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the sale of second-use lithium-ion batteries intended for use in a bicycle with electric assist, an electric scooter or a limited use motorcycle; provides penalties for violations.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced) 2024-01-03 - referred to consumer affairs and protection [A05310 Detail]

Download: New_York-2023-A05310-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5310

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of second-use lithium-ion batteries

          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 article
     2  39-H to read as follows:
     3                                ARTICLE 39-H
     4                      SECOND-USE LITHIUM-ION BATTERIES
     5  Section 899-ggg. Definitions.
     6          899-hhh. Sale of second-use lithium-ion batteries.
     7    § 899-ggg. Definitions. As used in this article, the  following  terms
     8  shall have the following meanings:
     9    1.  "Lithium-ion  battery"  means  a storage battery in which an elec-
    10  trical current is  generated  by  lithium  ions  embedded  in  a  carbon
    11  graphite  or  nickel  metal-oxide  substrate  placed in a high-viscosity
    12  carbonate mixture or gelled polymer electrolyte.
    13    2. "Second-use lithium-ion battery" means a lithium-ion  battery  that
    14  has  been  assembled  or  reconditioned  using  cells  removed from used
    15  batteries.
    16    § 899-hhh. Sale of second-use  lithium-ion  batteries.  1.  No  person
    17  shall  distribute,  assemble,  recondition,  sell  or  offer  for sale a
    18  second-use lithium-ion battery intended for use in a bicycle with  elec-
    19  tric  assist  as defined in section one hundred two-c of the vehicle and
    20  traffic law, an electric scooter as defined in section one hundred four-
    21  teen-e of the vehicle and traffic law, or a limited  use  motorcycle  as
    22  defined  in  section one hundred twenty-one-b of the vehicle and traffic
    23  law.
    24    2. A person who violates subdivision one of this section is liable for
    25  a civil penalty as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01103-01-3
        A. 5310                             2

     1    (a) for the first violation, a civil penalty of two  hundred  dollars;
     2  and
     3    (b)  for  each subsequent violation issued for the same offense within
     4  two years of the date of a first violation, a civil penalty of not  more
     5  than one thousand dollars.
     6    3.  Each  failure  to comply with subdivision one of this section with
     7  respect to each separate second-use lithium-ion  battery  constitutes  a
     8  separate violation.
     9    §  2.  This  act shall take effect on the ninetieth day after it shall
    10  have become a law.