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A04938 Summary:

BILL NOA04938D
 
SAME ASSAME AS S00154-F
 
SPONSORDinowitz
 
COSPNSRRaga, Hevesi, Colton, Bores, Simon, Glick, Seawright, Otis, Fahy, Lee, Weprin, Pretlow, Fall, Rosenthal L, Lupardo, Pheffer Amato, Ardila
 
MLTSPNSR
 
Add Art 28-G 495 & 495-a, Gen Bus L
 
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.
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A04938 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4938D
 
SPONSOR: Dinowitz
  TITLE OF BILL: 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, personal electric mobility devices and limited use motorcycles   PURPOSE: The purpose of this bill is to prohibit the manufacturing, distribution, assembly, reconditing, sale or offering for sale a lithium-ion battery or second-use lithium-ion battery intended for use in a bicycle with electric assist, a moped, or other micro-mobility device unless the lithium-ion battery is certified by an accredited testing laboratory.   SUMMARY OF PROVISIONS: Section 1 adds 'a new Article 28-G to the general business law to: *Defines "lithium-ion battery", "second use lithium-ion battery", "micro-mobility device", "moped", and "accredited testing laboratory. *Prohibits any person or entity from manufacturing, distribution, assem- bly, reconditing, selling or offering for sale a lithium-ion battery or second-use lithium-ion battery intended for use in a bicycle with elec- tric assist, a moped, or other micro-mobility device unless.the lithi- um-ion battery is certified by an accredited testing laboratory *Requires that any battery certified by an accredited testing laboratory place such certification or the logo, wordmark, or name of the accred- ited testing laboratory on the packaging or product *Provides for a civil penalty of $500 for the first violation; and up to $1000 for subsequent violations made within two years of the initial violation *Requires DOS to promulgate rules and regulations providing for addi- tional acceptable lithium-ion battery safety standards. Section 2 provides the effective date.   JUSTIFICATION: "Lithium-ion batteries (LIBs) have become increasingly popular over recent years thanks to their powerful energy outputs and manageable sizes. There are hardly any New Yorkers remaining who wouldn't be using a LIB in their day-to-day activities. From phones to tablets to e-bikes, LIBs have become a staple of our lives. However, despite their efficiency, we must work to limit the dangers associated with LIBs. Specifically, as a result of faults in the struc- ture of LIBs and their chargers, we've begun seeing a trend of the batteries overheating and exploding into flames. In the first forty days of 2023 alone, we've seen three fires sparked by LIBs already. Dozens have been injured, including more than eighteen children in Queens, and one person who was killed in a Bronx fire that that injured ten more. The New York Times reported that LIBs caused about 200 fires and six deaths in 2022. The problem has been mainly caused by batteries in e-bikes and e-scooters. To prevent any more senseless harm, this bill would ban the manufactur- ing, distribution, assembly, reconditing, selling or offering for sale of any LIBs or LIB chargers in electronic micromobility devices that do not meet industry safety standards. These standards make the devices much safer overall, and specifically when it comes to decreasing the chances that the LIB starts a fire when overcharged. Uncertified LIBs and chargers have become a serious threat to New Yorkers, with their shoddy designs making their devices far more vulnerable to overheating and exploding when overcharged. Forcing these dangerous devices out of the market and ensuring that every New Yorker has the safest LIBs and LIB chargers possible is a commonsense step toward making our citizens safer." (Sponsor)   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None to the State   EFFECTIVE DATE: Ninety days after passage.
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A04938 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4938--D
                                                                    R. R. 18
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2023
                                       ___________
 
        Introduced  by  M.  of  A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
          GLICK, SEAWRIGHT, OTIS, FAHY, LEE, WEPRIN,  PRETLOW,  FALL,  L. ROSEN-
          THAL,  LUPARDO, PHEFFER AMATO, ARDILA -- read once and referred to the
          Committee on Consumer Affairs and Protection -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- 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  commit-
          tee -- reported and referred to the Committee on Codes -- reported and
          referred  to  the  Committee  on  Rules -- ordered to a third reading,
          passed by Assembly and delivered to  the  Senate,  recalled  from  the
          Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
          its place on the special order of third reading
 
        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,  personal electric mobility devices and limited use motorcy-
          cles
 
          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 LIMITED USE MOTORCYCLES
 
     6  Section 495.   Definitions.
     7          495-a. Sale  of lithium-ion batteries and second-use lithium-ion
     8                   batteries.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08938-09-4

        A. 4938--D                          2
 
     1    § 495. Definitions. As used in this article, the following terms shall
     2  have the following meanings:
     3    1.  "Lithium-ion battery" means a rechargeable battery with an organic
     4  solvent electrolyte and positive and negative electrodes  which  utilize
     5  an intercalation compound in which lithium is stored.
     6    2.  "Second-use  lithium-ion battery" means a lithium-ion battery that
     7  has been assembled, refurbished, repaired, repurposed  or  reconditioned
     8  using cells removed from used batteries.
     9    3.  "Micromobility  device"  means  an  electric scooter as defined in
    10  section one hundred fourteen-e of the vehicle and traffic law, an  elec-
    11  trical  personal  assistive  mobility  device  as defined in section one
    12  hundred fourteen-d of the vehicle and traffic  law,  or  other  personal
    13  mobility  device  powered  by  a  lithium-ion battery, including but not
    14  limited to a skateboard or unicycle.  The  term  "micromobility  device"
    15  shall  not  include  bicycles with electric assist as defined in section
    16  one hundred two-c of the vehicle and traffic law, limited  use  motorcy-
    17  cles  as defined in section one hundred  twenty-one-b of the vehicle and
    18  traffic law, wheelchairs or other electrically driven  mobility  assist-
    19  ance  devices  as defined in section one hundred thirty-a of the vehicle
    20  and traffic law, or any vehicle that is capable of being registered with
    21  the department of motor vehicles.
    22    4.   "Accredited testing laboratory"  means  a  nationally  recognized
    23  testing  laboratory as recognized by the federal occupational safety and
    24  health administration or an independent laboratory that has been  certi-
    25  fied by an accrediting body to ISO 17025 or ISO 17065.
    26    § 495-a. Sale  of  lithium-ion  batteries  and  second-use lithium-ion
    27  batteries. 1. (a) No person, firm, partnership, association,  or  corpo-
    28  ration  shall  manufacture,  distribute,  assemble, recondition, sell or
    29  offer for sale, lease, or rent a lithium-ion  battery  or  a  second-use
    30  lithium-ion  battery  either as part of or intended for use in a bicycle
    31  with electric assist as defined in section  one  hundred  two-c  of  the
    32  vehicle  and  traffic  law  or  for  use  in a limited use motorcycle as
    33  defined in section one hundred twenty-one-b of the  vehicle and  traffic
    34  law unless the lithium-ion battery or second-use lithium-ion battery has
    35  been certified by an accredited testing laboratory for compliance with a
    36  battery  standard  referenced  in  UL 2849, UL 2271 or EN 15194, or such
    37  other safety standard approved by the department of  state  pursuant  to
    38  regulation.    Such certification or the logo, wordmark, or name of such
    39  accredited  testing  laboratory  shall  be  displayed  on  packaging  or
    40  documentation  at  the  time of sale for the product and directly on the
    41  product itself.
    42    (b) No person, firm, partnership, association,  or  corporation  shall
    43  manufacture,  distribute, assemble, recondition, sell or offer for sale,
    44  lease, or rent a lithium-ion battery or a second-use lithium-ion battery
    45  either as part of or intended for use in a micromobility  device  unless
    46  the  lithium-ion  battery  or  second-use  lithium-ion  battery has been
    47  certified by an accredited testing laboratory  for  compliance  with  UL
    48  2271  or  UL 2272, or such other safety standard approved by the depart-
    49  ment of state pursuant to regulation.  Such certification or  the  logo,
    50  wordmark,  or  name  of  such  accredited  testing  laboratory  shall be
    51  displayed on packaging or documentation at the  time  of  sale  for  the
    52  product and directly on the product itself.
    53    2. A person who violates subdivision one of this section is liable for
    54  a civil penalty as follows:
    55    (a)  for  the  first  violation, a civil penalty of not more than five
    56  hundred dollars; and

        A. 4938--D                          3
 
     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.
     4    3.  Each  failure  to comply with subdivision one of this section with
     5  respect to each separate lithium-ion battery or  second-use  lithium-ion
     6  battery constitutes a separate violation.
     7    4. The district attorney, county attorney, and the corporation counsel
     8  shall  have concurrent authority to seek the relief in this section, and
     9  all civil penalties obtained in any such action  shall  be  retained  by
    10  such municipality or county.
    11    5.  The  department of state may promulgate rules and regulations that
    12  provide for any additional acceptable  safety  standard  relating  to  a
    13  lithium-ion battery or second-use lithium-ion battery.
    14    6.  Nothing contained in this section shall be deemed to authorize the
    15  operation of any bicycle with electric assist, limited  use  motorcycle,
    16  or  micromobility  device  on public roads, private roads open to public
    17  motor vehicle traffic, or any parking lot unless the operation  of  such
    18  bicycle  with electric assist, limited use motorcycles, or micromobility
    19  device thereon is authorized pursuant to the provisions of  the  vehicle
    20  and  traffic  law  and  such  bicycle  with electric assist, limited use
    21  motorcycle, or micromobility device is in compliance with such law.
    22    § 2. This act shall take effect on the ninetieth day  after  it  shall
    23  have become a law.
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