Bill Text: NY A00923 | 2025-2026 | General Assembly | Introduced

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Bill Title: Requires operating manuals for micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-ion batteries intended for use in such devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-08 - referred to consumer affairs and protection [A00923 Detail]

Download: New_York-2025-A00923-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           923

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

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

        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. Section 391-cc of the general business law, as added  by  a
     2  chapter  of  the laws of 2024 amending the general business law relating
     3  to requiring retailers of micromobility devices, bicycles with  electric
     4  assist and limited use motorcycles powered by lithium-ion batteries, and
     5  lithium-ion  batteries  intended  for use in such devices or bicycles to
     6  provide customers with an operating manual, as proposed  in  legislative
     7  bills  numbers  S. 7503-B and A. 1910-B, is renumbered section 495-d and
     8  amended to read as follows:
     9    § 495-d. [Sale of] Operating manuals for micromobility devices,  bicy-
    10  cles  with electric assist and limited use motorcycles powered by lithi-
    11  um-ion batteries, and lithium-ion batteries intended  for  use  in  such
    12  devices  or bicycles.   1. [As used in this section, the following terms
    13  shall have the following meanings:
    14    (a) "lithium-ion battery" means a rechargeable battery with an organic
    15  solvent electrolyte and positive and negative electrodes  which  utilize
    16  an intercalation compound in which lithium is stored.
    17    (b)  "micromobility  device"  means  an electric scooter as defined in
    18  section one hundred fourteen-e of the vehicle and traffic law, an  elec-
    19  tric  personal  assistive  mobility  device  as  defined  in section one
    20  hundred fourteen-d of the vehicle and traffic  law,  or  other  personal
    21  mobility device powered by a lithium-ion battery. The term micromobility

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02667-01-5
        A. 923                              2

     1  device  shall  not  include  bicycles with electric assist as defined by
     2  section one hundred two-c of the vehicle and traffic  law,  limited  use
     3  motorcycles  as defined in section one hundred twenty-one-b of the vehi-
     4  cle  and traffic law, wheelchairs, or other electrically driven mobility
     5  assistance devices as defined in section one  hundred  thirty-a  of  the
     6  vehicle  and traffic law, or any vehicle that is capable of being regis-
     7  tered with the department of motor vehicles.
     8    2.] No person, firm, partnership,  association  or  corporation  shall
     9  manufacture,  distribute,  assemble, recondition, sell or offer for sale
    10  [at retail], lease or rent any bicycles with electric assist as  defined
    11  in section one hundred two-c of the vehicle and traffic law powered by a
    12  lithium-ion  battery,  micromobility  devices  powered  by a lithium-ion
    13  battery, limited use motorcycles as defined in section one hundred twen-
    14  ty-one-b of the  vehicle  and  traffic  law  powered  by  a  lithium-ion
    15  battery, or lithium-ion batteries intended for use in such bicycles with
    16  electric assist, micromobility devices, or limited use motorcycles with-
    17  out  providing  to  the  purchaser an operating manual for such [bicycle
    18  with electric assist, micromobility device, or limited  use  motorcycle,
    19  or for such lithium-ion battery intended for use in a bicycle with elec-
    20  tric assist, micromobility device, or limited use motorcycle] device.
    21    [3.]  2. Such operating manual referred to in subdivision [two] one of
    22  this section shall be printed in English and the three most common  non-
    23  English  languages  spoken  by limited-English proficient individuals in
    24  the state, based on the data  in  the  most  recent  American  Community
    25  Survey  published  by the United States Census Bureau.  The manual shall
    26  include instructions on how to store and charge the  battery,  when  and
    27  where  to charge the battery, and what to do if the battery overheats or
    28  leaks, there is a strange odor or noise associated with the  battery  or
    29  there  is  a  change in the shape or color of the battery, and a website
    30  address where the electronic version of  such  manual  is  available  in
    31  English  and  the  twelve  most  common  non-English languages spoken by
    32  limited-English proficient individuals in the state, based on  the  data
    33  in  the  most  recent  American Community Survey published by the United
    34  States Census Bureau.
    35    [4.] 3. Violation of [this section by the retail entity  pursuant  to]
    36  subdivisions one and two [and three] of this section shall be punishable
    37  by  a  fine  of  not  more  than two hundred fifty dollars for the first
    38  offense and not more than  one  thousand  dollars  for  each  subsequent
    39  offense.
    40    [5.]  4.  This  section  shall not annul, alter, affect, or exempt any
    41  person, firm, partnership, corporation, or association, subject  to  the
    42  provisions  of  this  section  from complying with the laws, ordinances,
    43  rules, or regulations of any locality, relating to the affixing,  label-
    44  ing,  or  provision  of  identification, safety, informational, or other
    45  materials.
    46    § 2. This act shall take effect on the  same  date  and  in  the  same
    47  manner  as  a  chapter of the laws of 2024 amending the general business
    48  law relating to requiring retailers of micromobility  devices,  bicycles
    49  with  electric assist and limited use motorcycles powered by lithium-ion
    50  batteries, and lithium-ion batteries intended for use in such devices or
    51  bicycles to provide customers with an operating manual, as  proposed  in
    52  legislative bills numbers S. 7503-B and A. 1910-B, takes effect.