Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles 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: A4938D
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, personal electric mobility devices and limited use motorcycles
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.
STATE OF NEW YORK
________________________________________________________________________
4938--D
R. R. 18
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
GLICK, SEAWRIGHT, OTIS, FAHY, LEE, WEPRIN, PRETLOW, FALL, L. ROSEN-
THAL, LUPARDO, PHEFFER AMATO, ARDILA -- 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 --
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 commit-
tee -- reported and referred to the Committee on Codes -- reported and
referred to the Committee on Rules -- ordered to a third reading,
passed by Assembly and delivered to the Senate, recalled from the
Senate, vote reconsidered, bill amended, ordered reprinted, retaining
its place on the special order of third reading
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, personal electric mobility devices and limited use motorcy-
cles
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 LIMITED USE MOTORCYCLES
6 Section 495. Definitions.
7 495-a. Sale of lithium-ion batteries and second-use lithium-ion
8 batteries.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08938-09-4
A. 4938--D 2
1 § 495. Definitions. As used in this article, the following terms shall
2 have the following meanings:
3 1. "Lithium-ion battery" means a rechargeable battery with an organic
4 solvent electrolyte and positive and negative electrodes which utilize
5 an intercalation compound in which lithium is stored.
6 2. "Second-use lithium-ion battery" means a lithium-ion battery that
7 has been assembled, refurbished, repaired, repurposed or reconditioned
8 using cells removed from used batteries.
9 3. "Micromobility device" means an electric scooter as defined in
10 section one hundred fourteen-e of the vehicle and traffic law, an elec-
11 trical personal assistive mobility device as defined in section one
12 hundred fourteen-d of the vehicle and traffic law, or other personal
13 mobility device powered by a lithium-ion battery, including but not
14 limited to a skateboard or unicycle. The term "micromobility device"
15 shall not include bicycles with electric assist as defined in section
16 one hundred two-c of the vehicle and traffic law, limited use motorcy-
17 cles as defined in section one hundred twenty-one-b of the vehicle and
18 traffic law, wheelchairs or other electrically driven mobility assist-
19 ance devices as defined in section one hundred thirty-a of the vehicle
20 and traffic law, or any vehicle that is capable of being registered with
21 the department of motor vehicles.
22 4. "Accredited testing laboratory" means a nationally recognized
23 testing laboratory as recognized by the federal occupational safety and
24 health administration or an independent laboratory that has been certi-
25 fied by an accrediting body to ISO 17025 or ISO 17065.
26 § 495-a. Sale of lithium-ion batteries and second-use lithium-ion
27 batteries. 1. (a) No person, firm, partnership, association, or corpo-
28 ration shall manufacture, distribute, assemble, recondition, sell or
29 offer for sale, lease, or rent a lithium-ion battery or a second-use
30 lithium-ion battery either as part of or intended for use in a bicycle
31 with electric assist as defined in section one hundred two-c of the
32 vehicle and traffic law or for use in a limited use motorcycle as
33 defined in section one hundred twenty-one-b of the vehicle and traffic
34 law unless the lithium-ion battery or second-use lithium-ion battery has
35 been certified by an accredited testing laboratory for compliance with a
36 battery standard referenced in UL 2849, UL 2271 or EN 15194, or such
37 other safety standard approved by the department of state pursuant to
38 regulation. Such certification or the logo, wordmark, or name of such
39 accredited testing laboratory shall be displayed on packaging or
40 documentation at the time of sale for the product and directly on the
41 product itself.
42 (b) No person, firm, partnership, association, or corporation shall
43 manufacture, distribute, assemble, recondition, sell or offer for sale,
44 lease, or rent a lithium-ion battery or a second-use lithium-ion battery
45 either as part of or intended for use in a micromobility device unless
46 the lithium-ion battery or second-use lithium-ion battery has been
47 certified by an accredited testing laboratory for compliance with UL
48 2271 or UL 2272, or such other safety standard approved by the depart-
49 ment of state pursuant to regulation. Such certification or the logo,
50 wordmark, or name of such accredited testing laboratory shall be
51 displayed on packaging or documentation at the time of sale for the
52 product and directly on the product itself.
53 2. A person who violates subdivision one of this section is liable for
54 a civil penalty as follows:
55 (a) for the first violation, a civil penalty of not more than five
56 hundred dollars; and
A. 4938--D 3
1 (b) for each subsequent violation issued for the same offense within
2 two years of the date of a first violation, a civil penalty of not more
3 than one thousand dollars.
4 3. Each failure to comply with subdivision one of this section with
5 respect to each separate lithium-ion battery or second-use lithium-ion
6 battery constitutes a separate violation.
7 4. The district attorney, county attorney, and the corporation counsel
8 shall have concurrent authority to seek the relief in this section, and
9 all civil penalties obtained in any such action shall be retained by
10 such municipality or county.
11 5. The department of state may promulgate rules and regulations that
12 provide for any additional acceptable safety standard relating to a
13 lithium-ion battery or second-use lithium-ion battery.
14 6. Nothing contained in this section shall be deemed to authorize the
15 operation of any bicycle with electric assist, limited use motorcycle,
16 or micromobility device on public roads, private roads open to public
17 motor vehicle traffic, or any parking lot unless the operation of such
18 bicycle with electric assist, limited use motorcycles, or micromobility
19 device thereon is authorized pursuant to the provisions of the vehicle
20 and traffic law and such bicycle with electric assist, limited use
21 motorcycle, or micromobility device is in compliance with such law.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law.
