Prohibits the sale of second-use lithium-ion batteries intended for use in a bicycle with electric assist, an electric scooter or a limited use motorcycle; provides penalties for violations.
STATE OF NEW YORK
________________________________________________________________________
157
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 prohibiting the
sale of second-use lithium-ion batteries
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 SECOND-USE LITHIUM-ION BATTERIES
5 Section 899-ggg. Definitions.
6 899-hhh. Sale of second-use lithium-ion batteries.
7 § 899-ggg. Definitions. As used in this article, the following terms
8 shall have the following meanings:
9 1. "Lithium-ion battery" means a storage battery in which an elec-
10 trical current is generated by lithium ions embedded in a carbon
11 graphite or nickel metal-oxide substrate placed in a high-viscosity
12 carbonate mixture or gelled polymer electrolyte.
13 2. "Second-use lithium-ion battery" means a lithium-ion battery that
14 has been assembled or reconditioned using cells removed from used
15 batteries.
16 § 899-hhh. Sale of second-use lithium-ion batteries. 1. No person
17 shall distribute, assemble, recondition, sell or offer for sale a
18 second-use lithium-ion battery intended for use in a bicycle with elec-
19 tric assist as defined in section one hundred two-c of the vehicle and
20 traffic law, an electric scooter as defined in section one hundred four-
21 teen-e of the vehicle and traffic law, or a limited use motorcycle as
22 defined in section one hundred twenty-one-b of the vehicle and traffic
23 law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01103-01-3
S. 157 2
1 2. A person who violates subdivision one of this section is liable for
2 a civil penalty as follows:
3 (a) for the first violation, a civil penalty of two hundred dollars;
4 and
5 (b) for each subsequent violation issued for the same offense within
6 two years of the date of a first violation, a civil penalty of not more
7 than one thousand dollars.
8 3. Each failure to comply with subdivision one of this section with
9 respect to each separate second-use lithium-ion battery constitutes a
10 separate violation.
11 § 2. This act shall take effect on the ninetieth day after it shall
12 have become a law.