A06811 Summary:

BILL NOA06811C
 
SAME ASSAME AS S06809-B
 
SPONSORTapia
 
COSPNSRDinowitz, Seawright, Ardila, Colton, Davila, Hyndman, Fahy, Weprin
 
MLTSPNSRAubry
 
Amd 1854, Pub Auth L
 
Provides that NYSERDA shall establish a program to provide rebates or new lithium-ion batteries for powered mobility devices at reduced cost or no cost to certain individuals; sets standards for lithium-ion batteries provided pursuant to the program; requires NYSERDA to submit an annual report on such program.
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A06811 Actions:

BILL NOA06811C
 
05/08/2023referred to governmental operations
06/07/2023amend and recommit to governmental operations
06/07/2023print number 6811a
01/03/2024referred to governmental operations
02/21/2024amend (t) and recommit to governmental operations
02/21/2024print number 6811b
03/01/2024amend and recommit to governmental operations
03/01/2024print number 6811c
03/05/2024reported referred to ways and means
03/05/2024reported referred to rules
03/05/2024reported
03/05/2024rules report cal.19
03/05/2024ordered to third reading rules cal.19
03/06/2024passed assembly
03/06/2024delivered to senate
03/06/2024REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
05/21/2024SUBSTITUTED FOR S6809B
05/21/20243RD READING CAL.1117
05/21/2024PASSED SENATE
05/21/2024RETURNED TO ASSEMBLY
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A06811 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:McDonald DATE:03/05/2024AYE/NAY:10/4 Action: Favorable refer to committee Ways and Means
McDonaldAyeDursoNay
GlickAyeGoodellNay
KimAyeBeephanNay
Bichotte HermelAyeSlaterNay
HyndmanAye
WilliamsAye
WallaceAye
RagaAye
SimoneAye
ShimskyAye

WAYS AND MEANS Chair:Weinstein DATE:03/05/2024AYE/NAY:22/10 Action: Favorable refer to committee Rules
WeinsteinAyeRaNay
GlickAyeFitzpatrickNay
PretlowAyeHawleyNay
ColtonAyeBlankenbushNay
CookExcusedNorrisNay
AubryAyeBrabenecNay
BenedettoAyePalmesanoNay
WeprinAyeWalshNay
RamosExcusedDeStefanoNay
BraunsteinAyeManktelowNay
McDonaldAyeSmullenExcused
RozicAye
DinowitzAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerAye
Bichotte HermelAye
SimonAye
CruzAye
FahyAye

RULES Chair:Pretlow DATE:03/05/2024AYE/NAY:19/9 Action: Favorable
HeastieExcusedBarclayNay
WeinsteinAyeHawleyNay
PretlowAyeGiglioNay
CookAyeBlankenbushNay
GlickAyeNorrisNay
AubryAyeRaNay
DinowitzAyeBrabenecNay
ColtonAyePalmesanoNay
MagnarelliAyeReillyNay
PaulinAye
Peoples-StokesExcused
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensExcused
DavilaAye
HyndmanAye
RozicAye
BronsonAye

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A06811 Floor Votes:

DATE:03/06/2024Assembly Vote  YEA/NAY: 97/46
Yes
Alvarez
No
Byrnes
Yes
Fall
Yes
Kelles
Yes
Otis
No
Simpson
Yes
Anderson
Yes
Carroll
No
Fitzpatrick
Yes
Kim
No
Palmesano
No
Slater
No
Angelino
Yes
Chandler-Waterm
No
Flood
Yes
Lavine
Yes
Paulin
No
Smith
Yes
Ardila
Yes
Chang
Yes
Forrest
Yes
Lee
ER
Peoples-Stokes
ER
Smullen
Yes
Aubry
Yes
Clark
No
Friend
No
Lemondes
Yes
Pheffer Amato
Yes
Solages
No
Barclay
Yes
Colton
ER
Gallagher
Yes
Levenberg
No
Pirozzolo
Yes
Steck
Yes
Barrett
Yes
Conrad
No
Gallahan
Yes ‡
Lucas
Yes
Pretlow
Yes
Stern
No
Beephan
Yes
Cook
No
Gandolfo
Yes
Lunsford
No
Ra
Yes
Stirpe
No
Bendett
Yes
Cruz
Yes
Gibbs
Yes
Lupardo
Yes
Raga
No
Tague
Yes
Benedetto
Yes
Cunningham
No
Giglio JA
Yes
Magnarelli
Yes
Rajkumar
No
Tannousis
Yes
Berger
No
Curran
No
Giglio JM
No
Maher
Yes
Ramos
Yes
Tapia
Yes
Bichotte Hermel
Yes
Dais
Yes
Glick
Yes
Mamdani
No
Reilly
Yes
Taylor
No
Blankenbush
Yes
Darling
Yes
Gonzalez-Rojas
No
Manktelow
Yes
Reyes
Yes
Thiele
No
Blumencranz
Yes
Davila
No
Goodell
Yes
McDonald
Yes
Rivera
Yes
Vanel
Yes
Bores
Yes
De Los Santos
No
Gray
No ‡
McDonough
Yes
Rosenthal
Yes
Walker
No
Brabenec
No
DeStefano
Yes
Gunther
No
McGowan
Yes ‡
Rozic
Yes
Wallace
Yes
Braunstein
Yes ‡
Dickens
No
Hawley
Yes
McMahon
Yes
Santabarbara
No
Walsh
ER
Bronson
Yes
Dilan
Yes
Hevesi
Yes
Meeks
Yes
Sayegh
Yes
Weinstein
No
Brook-Krasny
Yes
Dinowitz
Yes
Hunter
No
Mikulin
Yes
Seawright
Yes
Weprin
No
Brown EA
No
DiPietro
Yes
Hyndman
No
Miller
Yes
Septimo
Yes
Williams
Yes
Brown K
No
Durso
Yes
Jackson
Yes
Mitaynes
Yes
Shimsky
Yes
Woerner
Yes
Burdick
Yes
Eachus
Yes
Jacobson
No
Morinello
Yes
Shrestha
Yes
Zaccaro
Yes
Burgos
ER
Eichenstein
Yes
Jean-Pierre
No
Norris
ER
Sillitti
No
Zebrowski
ER
Burke
Yes
Epstein
No
Jensen
No
Novakhov
Yes
Simon
Yes
Zinerman
Yes
Buttenschon
Yes
Fahy
Yes
Jones
Yes
O'Donnell
Yes
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A06811 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6811C
 
SPONSOR: Tapia
  TITLE OF BILL: An act to amend the public authorities law, in relation to establishing a lithium-ion battery safety program   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to establish a safety program to provide new lithium-ion batteries at reduced cost or no cost to eligible individuals.   SUMMARY OF PROVISIONS: The first section of the bill establishes the Lithium-ion battery safety program by adding a new subdivision 27 to section 1854 of the public authorities law. It provides definitions for "lithium-ion battery," "powered mobility device," and "accredited testing laboratory." Further, it provides that New York State Energy and Research Development Authority (NYSERDA), in collaboration with the department of environ- mental conservation and any other appropriate agency, shall establish a program to provide new lithium batteries at reduced cost or no cost to eligible individuals, which may include provision of new lithium batteries in exchange for used lithium-ion batteries. The second section sets forth 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. For workers who use e-bikes to make their living, LIBs have become a staple of their lives. However, despite their efficiency, we must work to limit the dangers associated with LIBs. Specifically, as a result of faults in the structure of LIBs and their chargers, we've begun seeing a trend of the batteries over- heating and exploding into flames. Since January 2021 to early December 2022, the city's fire department attributed 202 fires, 142 injuries, and six deaths to such batteries, including one in August 2022 that report- edly killed a 5-year-old. To prevent any more senseless harm, this bill would create a sustainable lithium-ion battery exchange program. This program will create a new future of safe batteries that are more econom- ically and widely available to all, but especially those who depend on them for their livelihood. Delivery workers, most of whom are low-income immigrants, rely on their e-bikes to make a living. Workers take home just $7.09 per hour on average, excluding tips, so cheaper, second-hand batteries are often more attractive to them. Over 65,000 of New York's food delivery workers rely on e-bikes, most of which run on cheaper lithium-ion batteries that have been linked to fires and injuries. The problem is that certified-safety batteries tend to be more expensive than uncertified ones, and many find it difficult to afford a safer battery, which can cost $1,000 or more. But earning a living and safety shouldn't have to be mutually exclusive for delivery employees.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A06811 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6811--C
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced by M. of A. TAPIA, DINOWITZ, SEAWRIGHT, ARDILA, COLTON, DAVI-
          LA, HYNDMAN, FAHY -- Multi-Sponsored by -- M. of A. AUBRY -- read once
          and  referred to the Committee on Governmental Operations -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted  to  the  Committee  on  Governmental
          Operations  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        AN  ACT to amend the public authorities law, in relation to establishing
          a lithium-ion battery safety program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  1854 of the public authorities law is amended by
     2  adding a new subdivision 27 to read as follows:
     3    27. Lithium-ion battery safety  program.  (a)  For  purposes  of  this
     4  subdivision, the following terms shall have the following meanings:
     5    (i)  "Lithium-ion  battery"  means a storage battery in which an elec-
     6  trical current is  generated  by  lithium  ions  embedded  in  a  carbon
     7  graphite  or  nickel  metal-oxide  substrate  placed in a high-viscosity
     8  carbonate mixture or gelled polymer electrolyte.
     9    (ii) "Powered mobility device" means a bicycle with electric assist as
    10  defined by section one hundred two-c of the vehicle and traffic law,  an
    11  electric  scooter  as  defined  by section one hundred fourteen-e of the
    12  vehicle and traffic law, a limited use motorcycle as defined by  section
    13  one  hundred  twenty-one-b  of  the  vehicle  and  traffic law, which is
    14  powered wholly or partially by an electric motor, an electrical personal
    15  assistive mobility device as defined in section one  hundred  fourteen-d
    16  of  the  vehicle  and  traffic  law  or  other  personal mobility device
    17  equipped with a lithium-ion or other storage battery, including but  not
    18  limited to, a skateboard, unicycle, or other similar wheeled device.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10788-06-4

        A. 6811--C                          2
 
     1    (iii)  "Accredited  testing  laboratory" means a nationally recognized
     2  testing laboratory as recognized by the federal occupational safety  and
     3  health  administration or an independent laboratory that has been certi-
     4  fied by an accrediting body to ISO 17025 or ISO 17065.
     5    (b)  No  later than one year after the effective date of this subdivi-
     6  sion, the authority, in collaboration with the  department  of  environ-
     7  mental  conservation and any other appropriate agency, shall develop and
     8  administer a program to provide rebates or new lithium-ion batteries for
     9  powered mobility devices at reduced cost or no cost to eligible individ-
    10  uals.
    11    (c) The program created pursuant to  this  subdivision  shall  include
    12  either  rebates  or  the  exchange of new lithium-ion batteries for used
    13  lithium-ion batteries.
    14    (d) Within one year of the effective date  of  this  subdivision,  the
    15  authority  shall  implement  and  administer  this subdivision including
    16  promulgating rules relating to the forms required to claim a  rebate  or
    17  exchange  a  lithium-ion  battery, the required documentation for estab-
    18  lishing eligibility, procedures and guidelines for claiming a rebate  or
    19  exchanging  a lithium-ion battery, and the collection of economic impact
    20  data from applicants and any  other  requirements  the  authority  deems
    21  necessary.
    22    (e)  All  new  batteries  provided  pursuant  to such program shall be
    23  certified by an accredited testing  laboratory  for  compliance  with  a
    24  battery standard referenced in UL 2849, UL 2271, UL 2272 or EN 15194, or
    25  such  other safety standard approved by the department of state pursuant
    26  to regulation. Such certification or the logo, wordmark, or name of such
    27  accredited testing laboratory must be displayed on packaging or documen-
    28  tation at the time of sale for the product or directly  on  the  product
    29  itself.
    30    (f)  No later than April first, two thousand twenty-five, and annually
    31  thereafter, the authority shall issue a  report  to  the  governor,  the
    32  temporary  president  of  the  senate,  and  the speaker of the assembly
    33  detailing the status of the program created under this subdivision. Such
    34  report shall at a minimum include:
    35    (i) the amount of funding dedicated by the authority for such  program
    36  in the preceding year;
    37    (ii) the number of rebates awarded;
    38    (iii) the number of exchanges provided;
    39    (iv) the amount and geographic distribution of rebates; and
    40    (v) any other information the authority deems necessary.
    41    § 2. This act shall take effect immediately.
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