Bill Text: NY A06811 | 2023-2024 | General Assembly | Amended


Bill Title: Provides that NYSERDA shall establish a program to provide rebates or new lithium-ion batteries for powered mobility devices at reduced cost or no cost to certain individuals; sets standards for lithium-ion batteries provided pursuant to the program; requires NYSERDA to submit an annual report on such program.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed) 2024-03-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A06811 Detail]

Download: New_York-2023-A06811-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6811--C

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced by M. of A. TAPIA, DINOWITZ, SEAWRIGHT, ARDILA, COLTON, DAVI-
          LA, HYNDMAN, FAHY -- Multi-Sponsored by -- M. of A. AUBRY -- read once
          and  referred to the Committee on Governmental Operations -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted  to  the  Committee  on  Governmental
          Operations  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee

        AN  ACT to amend the public authorities law, in relation to establishing
          a lithium-ion battery safety program

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

     1    Section  1.  Section  1854 of the public authorities law is amended by
     2  adding a new subdivision 27 to read as follows:
     3    27. Lithium-ion battery safety  program.  (a)  For  purposes  of  this
     4  subdivision, the following terms shall have the following meanings:
     5    (i)  "Lithium-ion  battery"  means a storage battery in which an elec-
     6  trical current is  generated  by  lithium  ions  embedded  in  a  carbon
     7  graphite  or  nickel  metal-oxide  substrate  placed in a high-viscosity
     8  carbonate mixture or gelled polymer electrolyte.
     9    (ii) "Powered mobility device" means a bicycle with electric assist as
    10  defined by section one hundred two-c of the vehicle and traffic law,  an
    11  electric  scooter  as  defined  by section one hundred fourteen-e of the
    12  vehicle and traffic law, a limited use motorcycle as defined by  section
    13  one  hundred  twenty-one-b  of  the  vehicle  and  traffic law, which is
    14  powered wholly or partially by an electric motor, an electrical personal
    15  assistive mobility device as defined in section one  hundred  fourteen-d
    16  of  the  vehicle  and  traffic  law  or  other  personal mobility device
    17  equipped with a lithium-ion or other storage battery, including but  not
    18  limited to, a skateboard, unicycle, or other similar wheeled device.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10788-06-4

        A. 6811--C                          2

     1    (iii)  "Accredited  testing  laboratory" means a nationally recognized
     2  testing laboratory as recognized by the federal occupational safety  and
     3  health  administration or an independent laboratory that has been certi-
     4  fied by an accrediting body to ISO 17025 or ISO 17065.
     5    (b)  No  later than one year after the effective date of this subdivi-
     6  sion, the authority, in collaboration with the  department  of  environ-
     7  mental  conservation and any other appropriate agency, shall develop and
     8  administer a program to provide rebates or new lithium-ion batteries for
     9  powered mobility devices at reduced cost or no cost to eligible individ-
    10  uals.
    11    (c) The program created pursuant to  this  subdivision  shall  include
    12  either  rebates  or  the  exchange of new lithium-ion batteries for used
    13  lithium-ion batteries.
    14    (d) Within one year of the effective date  of  this  subdivision,  the
    15  authority  shall  implement  and  administer  this subdivision including
    16  promulgating rules relating to the forms required to claim a  rebate  or
    17  exchange  a  lithium-ion  battery, the required documentation for estab-
    18  lishing eligibility, procedures and guidelines for claiming a rebate  or
    19  exchanging  a lithium-ion battery, and the collection of economic impact
    20  data from applicants and any  other  requirements  the  authority  deems
    21  necessary.
    22    (e)  All  new  batteries  provided  pursuant  to such program shall be
    23  certified by an accredited testing  laboratory  for  compliance  with  a
    24  battery standard referenced in UL 2849, UL 2271, UL 2272 or EN 15194, or
    25  such  other safety standard approved by the department of state pursuant
    26  to regulation. Such certification or the logo, wordmark, or name of such
    27  accredited testing laboratory must be displayed on packaging or documen-
    28  tation at the time of sale for the product or directly  on  the  product
    29  itself.
    30    (f)  No later than April first, two thousand twenty-five, and annually
    31  thereafter, the authority shall issue a  report  to  the  governor,  the
    32  temporary  president  of  the  senate,  and  the speaker of the assembly
    33  detailing the status of the program created under this subdivision. Such
    34  report shall at a minimum include:
    35    (i) the amount of funding dedicated by the authority for such  program
    36  in the preceding year;
    37    (ii) the number of rebates awarded;
    38    (iii) the number of exchanges provided;
    39    (iv) the amount and geographic distribution of rebates; and
    40    (v) any other information the authority deems necessary.
    41    § 2. This act shall take effect immediately.
feedback