Bill Text: NY A08102 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires micromobility devices, mopeds, and bicycles with electric assist to have a red tag attached to the charging cord which states to unplug when not in use.

Spectrum: Moderate Partisan Bill (Democrat 25-6)

Status: (Passed) 2024-07-11 - approval memo.1 [A08102 Detail]

Download: New_York-2023-A08102-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8102--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by  M.  of  A. EACHUS, GUNTHER, COLTON, JACOBSON, McDONOUGH,
          GRAY, DeSTEFANO, GONZALEZ-ROJAS, ZINERMAN, GALLAGHER, SAYEGH, SHIMSKY,
          REYES, SIMONE, TAYLOR, BENEDETTO, ARDILA,  CHANG,  K. BROWN,  BEEPHAN,
          HYNDMAN,  BICHOTTE HERMELYN,  LEVENBERG,  FAHY,  DAVILA, ROZIC -- read
          once and referred to the Committee on Consumer Affairs and  Protection
          --  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 commit-
          tee

        AN ACT to amend the general  business  law,  in  relation  to  requiring
          charging  cords  for  micromobility devices, mopeds, and bicycles with
          electric assist to have a red tag attached

          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  399-nnn to read as follows:
     3    § 399-nnn. Tags  on  charging  cords of micromobility devices, mopeds,
     4  and bicycles with electric assist.   1. No  person,  firm,  partnership,
     5  association,  or  corporation  shall  manufacture, distribute, assemble,
     6  recondition, sell or offer for sale at retail any micromobility  device,
     7  moped, or bicycle with electric assist as defined in section one hundred
     8  two-c  of  the vehicle and traffic law unless there is a red tag affixed
     9  to the charging cord of such micromobility  device,  moped,  or  bicycle
    10  with electric assist which clearly and conspicuously states "UNPLUG WHEN
    11  NOT IN USE".  Such tag shall include additional consumer safety informa-
    12  tion  regarding safe usage of the product and its charging equipment and
    13  shall be affixed to the cord near the end  which  is  plugged  into  the
    14  electricity source.
    15    2.  The  department  of  state  shall promulgate rules and regulations
    16  providing guidance on the consumer safety information required to be  on
    17  the tag pursuant to subdivision one of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13238-04-4
        A. 8102--A                          2

     1    3.  The  department  of  state  shall  post a model tag containing the
     2  information outlined in subdivision one of this  section  that  persons,
     3  firms,  partnerships,  associations,  and corporations can affix to such
     4  charging cords as outlined in subdivision one of this section.
     5    4.  For  the  purposes of this section, the following terms shall have
     6  the following meanings:
     7    (a) "Lithium-ion battery" means a storage battery in  which  an  elec-
     8  trical  current is generated by lithium ions embedded in a carbon carbo-
     9  nate mixture or gelled polymer electrolyte.
    10    (b) "Micromobility device" means an electric  scooter  as  defined  in
    11  section  one hundred fourteen-e of the vehicle and traffic law, an elec-
    12  trical personal assistive mobility device  as  defined  in  section  one
    13  hundred  fourteen-d  of  the  vehicle and traffic law, or other personal
    14  mobility device equipped with a lithium-ion or  other  storage  battery,
    15  including,  but not limited to, a skateboard, unicycle, or other similar
    16  wheeled device. The term "micromobility device" shall not include  bicy-
    17  cles with electric assist as defined in section one hundred two-c of the
    18  vehicle and traffic law, wheelchairs or other electrically driven mobil-
    19  ity assistance devices as defined in section one hundred thirty-a of the
    20  vehicle  and traffic law, or any vehicle that is capable of being regis-
    21  tered with the department of motor vehicles.
    22    (c) "Moped" means a limited use motorcycle as defined in  section  one
    23  hundred twenty-one-b of the vehicle and traffic law.
    24    § 2. This act shall take effect immediately.