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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4938C
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
*Requires DOS to promulgate rules and regulations providing for addi-
tional acceptable lithium-ion battery safety standards.
Section 2 provides the effective date.
"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
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
None to the State
Ninety days after passage.
STATE OF NEW YORK
2023-2024 Regular Sessions
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
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.
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.