Bill Text: NY S04810 | 2025-2026 | General Assembly | Introduced


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: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-13 - REFERRED TO CONSUMER PROTECTION [S04810 Detail]

Download: New_York-2025-S04810-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4810

                               2025-2026 Regular Sessions

                    IN SENATE

                                    February 13, 2025
                                       ___________

        Introduced  by  Sen. ADDABBO -- 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 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-ccc to read as follows:
     3    §  391-ccc.  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)  "battery  case"  means  a metal container or cabinet specifically
     8  designed and intended for the safe storage of lithium-ion  batteries  or
     9  flammable materials;
    10    (b) "lithium-ion battery" means a rechargeable battery with an organic
    11  solvent  electrolyte  and positive and negative electrodes which utilize
    12  an intercalation compound in which lithium is stored; and
    13    (c) "micromobility device" means an electric  scooter  as  defined  in
    14  section  one hundred fourteen-e of the vehicle and traffic law, an elec-
    15  tric personal assistive  mobility  device  as  defined  in  section  one
    16  hundred  fourteen-d  of  the  vehicle and traffic law, or other personal
    17  mobility device powered by a lithium-ion battery. The term micromobility
    18  device shall not include bicycles with electric  assist  as  defined  in
    19  section  one  hundred  two-c of the vehicle and traffic law, limited use
    20  motorcycles as defined in section one hundred twenty-one-b of the  vehi-
    21  cle  and  traffic law, wheelchairs or other electrically driven mobility
    22  assistance devices as defined in section one  hundred  thirty-a  of  the
    23  vehicle  and traffic law, or any vehicle that is capable of being regis-
    24  tered with the department of motor vehicles.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09596-01-5

        S. 4810                             2

     1    2. Any individual, firm,  partnership,  association,  or  corporation,
     2  which operates a premises where bicycles with electric assist as defined
     3  in section one hundred two-c of the vehicle and traffic law, micromobil-
     4  ity  devices,  limited use motorcycles as defined in section one hundred
     5  twenty-one-b  of  the  vehicle and traffic law, or lithium-ion batteries
     6  are sold at retail, repaired, or housed  in  a  storage  facility  shall
     7  maintain  on  such  premises  functional fire protection and suppression
     8  measures effective against lithium-ion  battery  and  electrical  fires,
     9  including  but  not limited to Class B extinguishers, battery cases, and
    10  automatic monitoring and detection. In the event of an electrical  fire,
    11  such fire protection and suppression system shall have the capability of
    12  an  immediate response to mitigate and contain the fire. Nothing in this
    13  section shall be construed to restrict a municipality from enforcing the
    14  provisions of  this  subdivision  or  further  require  additional  fire
    15  protection and suppression measures.
    16    3.    Except  for  lithium-ion  batteries that are completely enclosed
    17  within the frame of a bicycle with electric assist and are not removable
    18  without disassembly or that are in original protective shipping contain-
    19  ers that comply with UN3481 or UN3171 and are so marked, any lithium-ion
    20  batteries on the premises shall be required  to  be  stored  in  battery
    21  cases outside of the hours of operation of such retailer and/or while in
    22  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 battery cases and the  installa-
    27  tion,  operation  and  inspection  of  fire protection systems installed
    28  pursuant to the 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 one year after it shall have become a
    32  law.
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