A04938 Summary:
BILL NO | A04938D |
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SAME AS | SAME AS S00154-F |
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SPONSOR | Dinowitz |
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COSPNSR | Raga, Hevesi, Colton, Bores, Simon, Glick, Seawright, Otis, Fahy, Lee, Weprin, Pretlow, Fall, Rosenthal L, Lupardo, Pheffer Amato, Ardila |
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MLTSPNSR | |
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Add Art 28-G 495 & 495-a, Gen Bus L | |
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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. |
A04938 Memo:
Go to topNEW 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.
A04938 Text:
Go to top 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. LBD08938-09-4A. 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; andA. 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.