Bill Text: NY S00154 | 2023-2024 | General Assembly | Introduced

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

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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 14-0)

Status: (Engrossed - Dead) 2024-05-21 - SUBSTITUTED BY A4938D [S00154 Detail]

Download: New_York-2023-S00154-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           154

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law, in relation  to  the  sale  of
          batteries for powered 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  39-h to read as follows:
     3                                ARTICLE 39-H
     4                   BATTERIES FOR POWERED MOBILITY DEVICES

     5  Section 899-ggg. Definitions.
     6          899-hhh. Sale of batteries for powered mobility devices.
     7    § 899-ggg. Definitions. For purposes of this  article,  the  following
     8  terms shall have the following meanings:
     9    1. "Powered mobility device" means a light electric-powered vehicle or
    10  personal  electric mobility device such as an electric bicycle or scoot-
    11  er.
    12    2. "Stock keeping unit" means each group of items offered for sale  of
    13  the same brand name, quantity of contents, retail price and variety.
    14    § 899-hhh. Sale  of  batteries  for  powered  mobility  devices. 1. No
    15  person shall distribute, sell or offer for sale a storage battery for  a
    16  powered  mobility  device  unless  it  has  been listed and labeled by a
    17  nationally recognized testing laboratory or other approved  organization
    18  and such labeling is disclosed on the packaging for such battery.
    19    2.  A  person who violates subdivision one of this section or any rule
    20  promulgated thereunder shall be liable for a civil penalty as follows:
    21    (a) for the first violation, a civil penalty of zero dollars;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01104-01-3
        S. 154                              2

     1    (b) for each subsequent violation issued for the same  offense  within
     2  two  years of the date of a first violation, a civil penalty of not more
     3  than one thousand dollars; and
     4    (c)  each  failure to comply with subdivision one of this section with
     5  respect to any one  stock  keeping  unit  shall  constitute  a  separate
     6  violation.
     7    §  2.  This  act shall take effect on the ninetieth day after it shall
     8  have become a law.