Bill Text: NY A08291 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Requires any dealer where lithium-ion batteries, bicycles with electric assist, micromobility devices and limited use motorcycles are sold at retail or repaired, and/or lithium-ion electric batteries are housed in a storage facility to maintain functional fire protection and suppression measures effective against lithium-ion battery and electrical fires, including but not limited to Class B extinguishers, battery cases, and automatic monitoring and detection; authorizes the department of state to promulgate necessary rules and regulations; imposes a fine of $250 for a knowing violation to comply with such provisions.

Spectrum: Moderate Partisan Bill (Democrat 28-7)

Status: (Introduced) 2024-05-23 - amend and recommit to rules 8291b [A08291 Detail]

Download: New_York-2023-A08291-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8291

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 27, 2023
                                       ___________

        Introduced by M. of A. EACHUS -- read once and referred to the Committee
          on Consumer Affairs and Protection

        AN  ACT  to  amend  the  general  business law, in relation to retail or
          repair premises of bicycles  and/or  scooters  with  electric  assist,
          electric-powered or lithium-ion electric 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 section
     2  391-cc to read as follows:
     3    § 391-cc. Retail premises of bicycles and/or  scooters  with  electric
     4  assist  and/or  electric-powered.  1.  As used in this section: "dealer"
     5  shall mean any person owning or operating a premise or facility  engaged
     6  in  the  frequent  sale  and/or  repair of bicycles and/or scooters with
     7  electric  assist  and/or  electric-powered   or   lithium-ion   electric
     8  batteries and its components.
     9    2.  Any  dealer  shall  maintain on the premises where bicycles and/or
    10  scooters with electric assist, electric-powered or lithium-ion  electric
    11  batteries  are  sold  at retail or repaired, and/or lithium-ion electric
    12  batteries  are  housed  in  a  storage  facility  with  functional  fire
    13  protection   and  suppression  measures  effective  against  lithium-ion
    14  battery and electrical fires, including  but  not  limited  to  Class  B
    15  extinguishers, battery cases, and automatic monitoring and detection. In
    16  the  event  of  an electrical fire, such fire protection and suppression
    17  system shall have the capability of an immediate  response  to  mitigate
    18  and  contain  the  fire.  Nothing  in this section shall be construed to
    19  restrict a municipality from enforcing the provisions of  this  subdivi-
    20  sion or further require additional fire protection and suppression meas-
    21  ures.  Moreover, lithium-ion batteries shall be required to be stored in
    22  battery  cases outside of the hours of operation of such retailer and/or
    23  while in an unmanned facility during storage.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13356-03-3
        A. 8291                             2

     1    3. The secretary of state  shall  promulgate  rules,  regulations  and
     2  standards  deemed  necessary to implement the provisions of this section
     3  on or before its effective date and, in conjunction with the appropriate
     4  agency, whether the New York state Division of  Building  Standards  and
     5  Codes,  New  York  city  department  of  buildings or New York city fire
     6  department, shall establish standards for  the  installation,  operation
     7  and  inspection  of  fire  protection  systems installed pursuant to the
     8  provisions of this section.
     9    4. Willful failure to comply with the provisions of this section shall
    10  subject a dealer to a penalty of up to twenty-five dollars for each  day
    11  such failure occurs.
    12    § 2. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.