Bill Text: NY S07503 | 2023-2024 | General Assembly | Amended
Bill Title: Requires retailers of micromobility devices, bicycles with electric assist and limited use motorcycles powered with lithium-ion batteries, and lithium-ion batteries intended for use in such devices or bicycles to provide customers with an operating manual.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2024-07-11 - APPROVAL MEMO.4 [S07503 Detail]
Download: New_York-2023-S07503-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7503--B 2023-2024 Regular Sessions IN SENATE June 1, 2023 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- 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 AN ACT to amend the general business law, in relation to requiring retailers of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithi- um-ion batteries intended for use in such devices or bicycles to provide customers with an operating manual 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. Sale of micromobility devices, bicycles with electric assist 4 and limited use motorcycles powered by lithium-ion batteries, and lithi- 5 um-ion batteries intended for use in such devices or bicycles. 1. As 6 used in this section, the following terms shall have the following mean- 7 ings: 8 (a) "lithium-ion battery" means a rechargeable battery with an organic 9 solvent electrolyte and positive and negative electrodes which utilize 10 an intercalation compound in which lithium is stored. 11 (b) "micromobility device" means an electric scooter as defined in 12 section one hundred fourteen-e of the vehicle and traffic law, an elec- 13 tric personal assistive mobility device as defined in section one 14 hundred fourteen-d of the vehicle and traffic law, or other personal 15 mobility device powered by a lithium-ion battery. The term micromobility 16 device shall not include bicycles with electric assist as defined by 17 section one hundred two-c of the vehicle and traffic law, limited use EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01426-05-4S. 7503--B 2 1 motorcycles as defined in section one hundred twenty-one-b of the vehi- 2 cle and traffic law, wheelchairs, or other electrically driven mobility 3 assistance devices as defined in section one hundred thirty-a of the 4 vehicle and traffic law, or any vehicle that is capable of being regis- 5 tered with the department of motor vehicles. 6 2. No person, firm, partnership, association or corporation shall sell 7 or offer for sale at retail any bicycles with electric assist as defined 8 in section one hundred two-c of the vehicle and traffic law powered by a 9 lithium-ion battery, micromobility devices powered by a lithium-ion 10 battery, limited use motorcycles as defined in section one hundred twen- 11 ty-one-b of the vehicle and traffic law powered by a lithium-ion 12 battery, or lithium-ion batteries intended for use in such bicycles with 13 electric assist, micromobility devices, or limited use motorcycles with- 14 out providing to the purchaser an operating manual for such bicycle with 15 electric assist, micromobility device, or limited use motorcycle, or for 16 such lithium-ion battery intended for use in a bicycle with electric 17 assist, micromobility device, or limited use motorcycle. 18 3. Such operating manual referred to in subdivision two of this 19 section shall be printed in English and the three most common non-Engl- 20 ish languages spoken by limited-English proficient individuals in the 21 state, based on the data in the most recent American Community Survey 22 published by the United States Census Bureau. The manual shall include 23 instructions on how to store and charge the battery, when and where to 24 charge the battery, and what to do if the battery overheats or leaks, 25 there is a strange odor or noise associated with the battery or there is 26 a change in the shape or color of the battery, and a website address 27 where the electronic version of such manual is available in English and 28 the twelve most common non-English languages spoken by limited-English 29 proficient individuals in the state, based on the data in the most 30 recent American Community Survey published by the United States Census 31 Bureau. 32 4. Violation of this section by the retail entity pursuant to subdivi- 33 sions two and three of this section shall be punishable by a fine of not 34 more than two hundred fifty dollars for the first offense and not more 35 than one thousand dollars for each subsequent offense. 36 5. This section shall not annul, alter, affect, or exempt any person, 37 firm, partnership, corporation, or association, subject to the 38 provisions of this section from complying with the laws, ordinances, 39 rules, or regulations of any locality, relating to the affixing, label- 40 ing, or provision of identification, safety, informational, or other 41 materials. 42 § 2. This act shall take effect on the one hundred eightieth day after 43 it shall have become a law. Effective immediately, the addition, amend- 44 ment and/or repeal of any rule or regulation necessary for the implemen- 45 tation of this act on its effective date are authorized to be made and 46 completed on or before such effective date.
