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S00157 Summary:

BILL NOS00157
 
SAME ASSAME AS A05310
 
SPONSORKRUEGER
 
COSPNSRCHU, COMRIE, FERNANDEZ, GONZALEZ, GOUNARDES, LIU, RAMOS, SCARCELLA-SPANTON
 
MLTSPNSR
 
Add Art 39-H §§899-ggg & 899-hhh, Gen Bus L
 
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.
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S00157 Memo:

Memo not available
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S00157 Text:



 
                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.
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