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A04938 Summary:

BILL NOA04938C
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRRaga, Hevesi, Colton, Bores, Simon, Glick, Seawright, Otis, Fahy
 
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 mopeds 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: A4938C
 
SPONSOR: Dinowitz
  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--C
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2023
                                       ___________
 
        Introduced  by  M.  of  A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
          GLICK, SEAWRIGHT, OTIS, FAHY -- read once and referred to the  Commit-
          tee  on  Consumer Affairs and Protection -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  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 committee
 
        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 or personal electric mobility devices
 
          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 MOPEDS
 
     6  Section 495. Definitions.
     7          495-a. Sale  of lithium-ion batteries and second-use lithium-ion
     8                     batteries.
     9    § 495. Definitions. As used in this article, the following terms shall
    10  have the following meanings:
    11    1. "Lithium-ion battery" means a storage battery  in  which  an  elec-
    12  trical  current is generated by lithium ions embedded in a carbon carbo-
    13  nate mixture or gelled polymer electrolyte.
    14    2. "Second-use lithium-ion battery" means a lithium-ion  battery  that
    15  has  been  assembled, refurbished, repaired, repurposed or reconditioned
    16  using cells removed from used batteries.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08938-08-4

        A. 4938--C                          2
 
     1    3. "Micromobility device" means an  electric  scooter  as  defined  in
     2  section  one hundred fourteen-e of the vehicle and traffic law, an elec-
     3  trical personal assistive mobility device  as  defined  in  section  one
     4  hundred  fourteen-d  of  the  vehicle and traffic law, or other personal
     5  mobility  device  equipped  with a lithium-ion or other storage battery,
     6  including, but not limited to, a skateboard, unicycle, or other  similar
     7  wheeled device.  The term "micromobility device" shall not include bicy-
     8  cles with electric assist as defined in section one hundred two-c of the
     9  vehicle and traffic law, wheelchairs or other electrically driven mobil-
    10  ity assistance devices as defined in section one hundred thirty-a of the
    11  vehicle  and traffic law, or any vehicle that is capable of being regis-
    12  tered with the department of motor vehicles.
    13    4.  "Moped" means a limited use motorcycle as defined in  section  one
    14  hundred twenty-one-b of the vehicle and traffic law.
    15    5.    "Accredited  testing  laboratory"  means a nationally recognized
    16  testing laboratory as recognized by the federal occupational safety  and
    17  health  administration or an independent laboratory that has been certi-
    18  fied by an accrediting body to ISO 17025 or ISO 17065.
    19    § 495-a. Sale of  lithium-ion  batteries  and  second-use  lithium-ion
    20  batteries.  1.  (a) No person, firm, partnership, association, or corpo-
    21  ration shall manufacture, distribute,  assemble,  recondition,  sell  or
    22  offer for sale a lithium-ion battery or a second-use lithium-ion battery
    23  intended for use in a bicycle with electric assist as defined in section
    24  one  hundred two-c of the vehicle and traffic law  or for use in a moped
    25  unless the lithium-ion battery or  second-use  lithium-ion  battery  has
    26  been certified by an accredited testing laboratory for compliance with a
    27  battery  standard  referenced  in  UL 2849, UL 2271 or EN 15194, or such
    28  other safety standard approved by the department of  state  pursuant  to
    29  regulation.    Such certification or the logo, wordmark, or name of such
    30  accredited  testing  laboratory  shall  be  displayed  on  packaging  or
    31  documentation  at  the  time  of sale for the product or directly on the
    32  product itself.
    33    (b) No person, firm, partnership, association,  or  corporation  shall
    34  manufacture, distribute, assemble, recondition, sell or offer for sale a
    35  lithium-ion battery or a second-use lithium-ion battery intended for use
    36  in  a  micromobility device unless the lithium-ion battery or second-use
    37  lithium-ion battery has been certified by an accredited testing  labora-
    38  tory for compliance with UL 2271 or UL 2272, or such other safety stand-
    39  ard  approved  by  the department of state pursuant to regulation.  Such
    40  certification or the logo, wordmark, or name of such accredited  testing
    41  laboratory  shall be displayed on packaging or documentation at the time
    42  of sale for the product or directly on the product itself.
    43    2. A person who violates subdivision one of this section is liable for
    44  a civil penalty as follows:
    45    (a) for the first violation, a civil penalty of  not  more  than  five
    46  hundred dollars; and
    47    (b)  for  each subsequent violation issued for the same offense within
    48  two years of the date of a first violation, a civil penalty of not  more
    49  than one thousand dollars.
    50    3.  Each  failure  to comply with subdivision one of this section with
    51  respect to each separate lithium-ion battery or  second-use  lithium-ion
    52  battery constitutes a separate violation.
    53    4. The district attorney, county attorney, and the corporation counsel
    54  shall  have concurrent authority to seek the relief in this section, and
    55  all civil penalties obtained in any such action  shall  be  retained  by
    56  such municipality or county.

        A. 4938--C                          3
 
     1    5.  The  department of state may promulgate rules and regulations that
     2  provide for any additional acceptable  safety  standard  relating  to  a
     3  lithium-ion battery or second-use lithium-ion battery.
     4    6.  Nothing contained in this section shall be deemed to authorize the
     5  operation of any bicycle with electric assist, moped,  or  micromobility
     6  device on public roads, private roads open to public motor vehicle traf-
     7  fic,  or any parking lot unless the operation of such bicycle with elec-
     8  tric assist, moped, or micromobility device thereon is authorized pursu-
     9  ant to the provisions of the vehicle and traffic law  and  such  bicycle
    10  with  electric  assist,  moped, or micromobility device is in compliance
    11  with such law.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.
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