Bill Text: NY A04938 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 18-0)
Status: (Passed) 2024-07-11 - signed chap.195 [A04938 Detail]
Download: New_York-2023-A04938-Amended.html
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 18-0)
Status: (Passed) 2024-07-11 - signed chap.195 [A04938 Detail]
Download: New_York-2023-A04938-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4938--C 2023-2024 Regular Sessions IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON, GLICK, SEAWRIGHT, OTIS, FAHY -- read once and referred to the Commit- tee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Consumer Affairs and Protection in accordance with Assembly Rule 3, sec. 2 -- 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 or personal electric mobility devices 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 MOPEDS 6 Section 495. Definitions. 7 495-a. Sale of lithium-ion batteries and second-use lithium-ion 8 batteries. 9 § 495. Definitions. As used in this article, the following terms shall 10 have the following meanings: 11 1. "Lithium-ion battery" means a storage battery in which an elec- 12 trical current is generated by lithium ions embedded in a carbon carbo- 13 nate mixture or gelled polymer electrolyte. 14 2. "Second-use lithium-ion battery" means a lithium-ion battery that 15 has been assembled, refurbished, repaired, repurposed or reconditioned 16 using cells removed from used batteries. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08938-08-4A. 4938--C 2 1 3. "Micromobility device" means an electric scooter as defined in 2 section one hundred fourteen-e of the vehicle and traffic law, an elec- 3 trical personal assistive mobility device as defined in section one 4 hundred fourteen-d of the vehicle and traffic law, or other personal 5 mobility device equipped with a lithium-ion or other storage battery, 6 including, but not limited to, a skateboard, unicycle, or other similar 7 wheeled device. The term "micromobility device" shall not include bicy- 8 cles with electric assist as defined in section one hundred two-c of the 9 vehicle and traffic law, wheelchairs or other electrically driven mobil- 10 ity assistance devices as defined in section one hundred thirty-a of the 11 vehicle and traffic law, or any vehicle that is capable of being regis- 12 tered with the department of motor vehicles. 13 4. "Moped" means a limited use motorcycle as defined in section one 14 hundred twenty-one-b of the vehicle and traffic law. 15 5. "Accredited testing laboratory" means a nationally recognized 16 testing laboratory as recognized by the federal occupational safety and 17 health administration or an independent laboratory that has been certi- 18 fied by an accrediting body to ISO 17025 or ISO 17065. 19 § 495-a. Sale of lithium-ion batteries and second-use lithium-ion 20 batteries. 1. (a) No person, firm, partnership, association, or corpo- 21 ration shall manufacture, distribute, assemble, recondition, sell or 22 offer for sale a lithium-ion battery or a second-use lithium-ion battery 23 intended for use in a bicycle with electric assist as defined in section 24 one hundred two-c of the vehicle and traffic law or for use in a moped 25 unless the lithium-ion battery or second-use lithium-ion battery has 26 been certified by an accredited testing laboratory for compliance with a 27 battery standard referenced in UL 2849, UL 2271 or EN 15194, or such 28 other safety standard approved by the department of state pursuant to 29 regulation. Such certification or the logo, wordmark, or name of such 30 accredited testing laboratory shall be displayed on packaging or 31 documentation at the time of sale for the product or directly on the 32 product itself. 33 (b) No person, firm, partnership, association, or corporation shall 34 manufacture, distribute, assemble, recondition, sell or offer for sale a 35 lithium-ion battery or a second-use lithium-ion battery intended for use 36 in a micromobility device unless the lithium-ion battery or second-use 37 lithium-ion battery has been certified by an accredited testing labora- 38 tory for compliance with UL 2271 or UL 2272, or such other safety stand- 39 ard approved by the department of state pursuant to regulation. Such 40 certification or the logo, wordmark, or name of such accredited testing 41 laboratory shall be displayed on packaging or documentation at the time 42 of sale for the product or directly on the product itself. 43 2. A person who violates subdivision one of this section is liable for 44 a civil penalty as follows: 45 (a) for the first violation, a civil penalty of not more than five 46 hundred dollars; and 47 (b) for each subsequent violation issued for the same offense within 48 two years of the date of a first violation, a civil penalty of not more 49 than one thousand dollars. 50 3. Each failure to comply with subdivision one of this section with 51 respect to each separate lithium-ion battery or second-use lithium-ion 52 battery constitutes a separate violation. 53 4. The district attorney, county attorney, and the corporation counsel 54 shall have concurrent authority to seek the relief in this section, and 55 all civil penalties obtained in any such action shall be retained by 56 such municipality or county.A. 4938--C 3 1 5. The department of state may promulgate rules and regulations that 2 provide for any additional acceptable safety standard relating to a 3 lithium-ion battery or second-use lithium-ion battery. 4 6. Nothing contained in this section shall be deemed to authorize the 5 operation of any bicycle with electric assist, moped, or micromobility 6 device on public roads, private roads open to public motor vehicle traf- 7 fic, or any parking lot unless the operation of such bicycle with elec- 8 tric assist, moped, or micromobility device thereon is authorized pursu- 9 ant to the provisions of the vehicle and traffic law and such bicycle 10 with electric assist, moped, or micromobility device is in compliance 11 with such law. 12 § 2. This act shall take effect on the ninetieth day after it shall 13 have become a law.
