Bill Text: NY S00154 | 2023-2024 | General Assembly | Amended
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 14-0)
Status: (Engrossed) 2024-05-21 - SUBSTITUTED BY A4938D [S00154 Detail]
Download: New_York-2023-S00154-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 154--F 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. KRUEGER, CHU, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, 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, personal electric mobility devices and limited use motorcy- cles 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 28-G to read as follows: 3 ARTICLE 28-G 4 BATTERIES FOR MICROMOBILITY DEVICES, BICYCLES WITH ELECTRIC 5 ASSIST, AND LIMITED USE MOTORCYCLES 6 Section 495. Definitions. 7 495-a. Sale of lithium-ion batteries and second-use lithium-ion 8 batteries. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01104-09-4S. 154--F 2 1 § 495. Definitions. As used in this article, the following terms shall 2 have the following meanings: 3 1. "Lithium-ion battery" means a rechargeable battery with an organic 4 solvent electrolyte and positive and negative electrodes which utilize 5 an intercalation compound in which lithium is stored. 6 2. "Second-use lithium-ion battery" means a lithium-ion battery that 7 has been assembled, refurbished, repaired, repurposed or reconditioned 8 using cells removed from used batteries. 9 3. "Micromobility device" means an electric scooter as defined in 10 section one hundred fourteen-e of the vehicle and traffic law, an elec- 11 trical personal assistive mobility device as defined in section one 12 hundred fourteen-d of the vehicle and traffic law, or other personal 13 mobility device powered by a lithium-ion battery, including but not 14 limited to a skateboard or unicycle. The term "micromobility device" 15 shall not include bicycles with electric assist as defined in section 16 one hundred two-c of the vehicle and traffic law, limited use motorcy- 17 cles as defined in section one hundred twenty-one-b of the vehicle and 18 traffic law, wheelchairs or other electrically driven mobility assist- 19 ance devices as defined in section one hundred thirty-a of the vehicle 20 and traffic law, or any vehicle that is capable of being registered with 21 the department of motor vehicles. 22 4. "Accredited testing laboratory" means a nationally recognized 23 testing laboratory as recognized by the federal occupational safety and 24 health administration or an independent laboratory that has been certi- 25 fied by an accrediting body to ISO 17025 or ISO 17065. 26 § 495-a. Sale of lithium-ion batteries and second-use lithium-ion 27 batteries. 1. (a) No person, firm, partnership, association, or corpo- 28 ration shall manufacture, distribute, assemble, recondition, sell or 29 offer for sale, lease, or rent a lithium-ion battery or a second-use 30 lithium-ion battery either as part of or intended for use in a bicycle 31 with electric assist as defined in section one hundred two-c of the 32 vehicle and traffic law or for use in a limited use motorcycle as 33 defined in section one hundred twenty-one-b of the vehicle and traffic 34 law unless the lithium-ion battery or second-use lithium-ion battery has 35 been certified by an accredited testing laboratory for compliance with a 36 battery standard referenced in UL 2849, UL 2271 or EN 15194, or such 37 other safety standard approved by the department of state pursuant to 38 regulation. Such certification or the logo, wordmark, or name of such 39 accredited testing laboratory shall be displayed on packaging or 40 documentation at the time of sale for the product and directly on the 41 product itself. 42 (b) No person, firm, partnership, association, or corporation shall 43 manufacture, distribute, assemble, recondition, sell or offer for sale, 44 lease, or rent a lithium-ion battery or a second-use lithium-ion battery 45 either as part of or intended for use in a micromobility device unless 46 the lithium-ion battery or second-use lithium-ion battery has been 47 certified by an accredited testing laboratory for compliance with UL 48 2271 or UL 2272, or such other safety standard approved by the depart- 49 ment of state pursuant to regulation. Such certification or the logo, 50 wordmark, or name of such accredited testing laboratory shall be 51 displayed on packaging or documentation at the time of sale for the 52 product and directly on the product itself. 53 2. A person who violates subdivision one of this section is liable for 54 a civil penalty as follows: 55 (a) for the first violation, a civil penalty of not more than five 56 hundred dollars; andS. 154--F 3 1 (b) for each subsequent violation issued for the same offense within 2 two years of the date of a first violation, a civil penalty of not more 3 than one thousand dollars. 4 3. Each failure to comply with subdivision one of this section with 5 respect to each separate lithium-ion battery or second-use lithium-ion 6 battery constitutes a separate violation. 7 4. The district attorney, county attorney, and the corporation counsel 8 shall have concurrent authority to seek the relief in this section, and 9 all civil penalties obtained in any such action shall be retained by 10 such municipality or county. 11 5. The department of state may promulgate rules and regulations that 12 provide for any additional acceptable safety standard relating to a 13 lithium-ion battery or second-use lithium-ion battery. 14 6. Nothing contained in this section shall be deemed to authorize the 15 operation of any bicycle with electric assist, limited use motorcycle, 16 or micromobility device on public roads, private roads open to public 17 motor vehicle traffic, or any parking lot unless the operation of such 18 bicycle with electric assist, limited use motorcycles, or micromobility 19 device thereon is authorized pursuant to the provisions of the vehicle 20 and traffic law and such bicycle with electric assist, limited use 21 motorcycle, or micromobility device is in compliance with such law. 22 § 2. This act shall take effect on the ninetieth day after it shall 23 have become a law.
