Requires lithium-ion batteries sold in this state and to be used in a light electric-powered vehicle or personal electric mobility device to be manufactured in accordance with certain standards and specifications.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4938B
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 or personal electric mobility devices
PURPOSE::
Bans the manufacturing, sale, and distribution of all lithium-ion
batteries and chargers for light electric powered vehicles and personal
electric mobility devices that do not meet minimum industry safety stan-
dards
SUMMARY OF PROVISIONS::
Section one of the bill adds § 391-w to the general business law to
prohibit the manufacturing, distribution, dr sale of any lithium-ion
battery or chargers for e-bikes, e-scooters, and other small mobility
devices that do not comply with one of the listed standards set out by
Underwriters Laboratories. The bill also subjects those who violate the
provisions of this section to a civil penalty of five hundred dollars
for the first violation and one thousand dollars for each subsequent
violation.
Section two of the bill 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, and 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 over-
charged. 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.
PRIOR LEGISLATIVE HISTORY::
This is a new bill.
FISCAL IMPLICATIONS::
None to the State
EFFECTIVE DATE::
Ninety days after passage.
STATE OF NEW YORK
________________________________________________________________________
4938--B
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
GLICK, SEAWRIGHT, OTIS -- 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
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 section
2 391-w to read as follows:
3 § 391-w. Lithium-ion battery standards. 1. No person, firm, partner-
4 ship, association or corporation shall manufacture, distribute or sell
5 in this state any lithium-ion batteries or chargers for any light elec-
6 tric-powered vehicle or personal electric mobility device such as a
7 bicycle or scooter powered mobility device that have not been certified
8 by a nationally recognized testing laboratory for compliance with under-
9 writers laboratories (UL) standard 2271, underwiters laboratories (UL)
10 standard 2272, or if such battery is part of a complete electrical
11 system, underwriters laboratories (UL) standard 2849.
12 2. Such certification or the logo, wordmark, or name of such
13 nationally recognized testing laboratory must be displayed on packaging
14 or documentation at the time of sale for the product or directly on the
15 product itself.
16 3. A violation of this section shall be punishable by a civil penalty
17 of five hundred dollars for the first violation and one thousand dollars
18 for each subsequent violation.
19 § 2. This act shall take effect on the ninetieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08938-04-3
