Bill Text: NY A08291 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires any dealer where lithium-ion batteries, bicycles with electric assist, micromobility devices and limited use motorcycles are sold at retail or repaired, and/or lithium-ion electric batteries are housed in a storage facility to maintain functional fire protection and suppression measures effective against lithium-ion battery and electrical fires, including but not limited to Class B extinguishers, battery cases, and automatic monitoring and detection; authorizes the department of state to promulgate necessary rules and regulations; imposes a fine of $250 for a knowing violation to comply with such provisions.

Spectrum: Moderate Partisan Bill (Democrat 28-7)

Status: (Introduced) 2024-05-23 - amend and recommit to rules 8291b [A08291 Detail]

Download: New_York-2023-A08291-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8291--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 27, 2023
                                       ___________

        Introduced  by  M.  of  A. EACHUS, GUNTHER, COLTON, JACOBSON, McDONOUGH,
          GRAY, DeSTEFANO, GONZALEZ-ROJAS, ZINERMAN, GALLAGHER,  SAYEGH,  CHANG,
          K. BROWN,  SHIMSKY, REYES, SIMONE, TAYLOR, ARDILA, BENEDETTO, EPSTEIN,
          BEEPHAN, LEMONDES, HYNDMAN, BICHOTTE HERMELYN, LEVENBERG, FAHY,  DAVI-
          LA,  ROZIC,  COOK,  STECK,  WOERNER  --  read once and referred to the
          Committee on Consumer Affairs and Protection  --  recommitted  to  the
          Committee on Consumer Affairs and Protection in accordance with Assem-
          bly  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 retail premises
          of lithium-ion batteries, bicycles with electric assist, micromobility
          devices, and limited use motorcycles

          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.  Retail  premises  of  lithium-ion batteries, bicycles with
     4  electric assist, micromobility devices, and limited use motorcycles.  1.
     5  As  used  in  this section, the following terms shall have the following
     6  meanings:
     7    (a) "lithium-ion battery" means a rechargeable battery with an organic
     8  solvent electrolyte and positive and negative electrodes  which  utilize
     9  an intercalation compound in which lithium is stored.
    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  tric  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 powered by a lithium-ion battery. The term micromobility
    15  device  shall  not  include  bicycles with electric assist as defined in
    16  section one hundred two-c of the vehicle and traffic  law,  limited  use
    17  motorcycles  as defined in section one hundred twenty-one-b of the vehi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13356-04-4
        A. 8291--A                          2

     1  cle and traffic law, wheelchairs or other electrically  driven  mobility
     2  assistance  devices  as  defined  in section one hundred thirty-a of the
     3  vehicle and traffic law, or any vehicle that is capable of being  regis-
     4  tered with the department of motor vehicles.
     5    2.  Any  individual,  firm,  partnership, association, or corporation,
     6  which operates a premises where bicycles with electric assist as defined
     7  in section one hundred two-c of the vehicle and traffic law, micromobil-
     8  ity devices, limited use motorcycles as defined in section  one  hundred
     9  twenty-one-b  of  the  vehicle and traffic law, or lithium-ion batteries
    10  are sold at retail, repaired, or housed  in  a  storage  facility  shall
    11  maintain  on  such  premises  functional fire protection and suppression
    12  measures effective against lithium-ion  battery  and  electrical  fires,
    13  including  but  not limited to Class B extinguishers, battery cases, and
    14  automatic monitoring and detection. In the event of an electrical  fire,
    15  such fire protection and suppression system shall have the capability of
    16  an  immediate response to mitigate and contain the fire. Nothing in this
    17  section shall be construed to restrict a municipality from enforcing the
    18  provisions of  this  subdivision  or  further  require  additional  fire
    19  protection and suppression measures.
    20    3.  Any  lithium-ion batteries on the premises shall be required to be
    21  stored in battery cases outside  of  the  hours  of  operation  of  such
    22  retailer and/or while in an unmanned facility during storage.
    23    4.  The  department  of  state shall promulgate rules, regulations and
    24  standards deemed necessary to implement the provisions of  this  section
    25  on  or  before  its  effective date and, in conjunction with appropriate
    26  agencies, shall establish standards for the installation, operation  and
    27  inspection   of  fire  protection  systems  installed  pursuant  to  the
    28  provisions of this section.
    29    5. A knowing violation of this section shall be punishable by  a  fine
    30  not to exceed two hundred fifty dollars.
    31    § 2. This act shall take effect on the one hundred eightieth day after
    32  it shall have become a law.