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A01910 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1910--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced by M. of A. ZINERMAN, AUBRY, HYNDMAN, OTIS -- Multi-Sponsored
          by -- M. of A. LEVENBERG -- 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 --
          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
 
        AN  ACT  to  amend  the  general  business law, in relation to requiring
          retailers of micromobility devices, bicycles with electric assist  and
          limited  use  motorcycles powered by lithium-ion batteries, and lithi-
          um-ion batteries intended for use  in  such  devices  or  bicycles  to
          provide customers with an operating manual
 
          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-cc to read as follows:
     3    § 391-cc. Sale of micromobility devices, bicycles with electric assist
     4  and limited use motorcycles powered by lithium-ion batteries, and lithi-
     5  um-ion batteries intended for use in such devices or bicycles.    1.  As
     6  used in this section, the following terms shall have the following mean-
     7  ings:
     8    (a) "lithium-ion battery" means a rechargeable battery with an organic
     9  solvent  electrolyte  and positive and negative electrodes which utilize
    10  an intercalation compound in which lithium is stored.
    11    (b) "micromobility device" means an electric  scooter  as  defined  in
    12  section  one hundred fourteen-e of the vehicle and traffic law, an elec-
    13  tric personal assistive  mobility  device  as  defined  in  section  one
    14  hundred  fourteen-d  of  the  vehicle and traffic law, or other personal
    15  mobility device powered by a lithium-ion battery. The term micromobility
    16  device shall not include bicycles with electric  assist  as  defined  by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01426-04-4

        A. 1910--B                          2
 
     1  section  one  hundred  two-c of the vehicle and traffic law, limited use
     2  motorcycles as defined in section one hundred twenty-one-b of the  vehi-
     3  cle  and traffic law, wheelchairs, or other electrically driven mobility
     4  assistance  devices  as  defined  in section one hundred thirty-a of the
     5  vehicle and traffic law, or any vehicle that is capable of being  regis-
     6  tered with the department of motor vehicles.
     7    2. No person, firm, partnership, association or corporation shall sell
     8  or offer for sale at retail any bicycles with electric assist as defined
     9  in section one hundred two-c of the vehicle and traffic law powered by a
    10  lithium-ion  battery,  micromobility  devices  powered  by a lithium-ion
    11  battery, limited use motorcycles as defined in section one hundred twen-
    12  ty-one-b of the  vehicle  and  traffic  law  powered  by  a  lithium-ion
    13  battery, or lithium-ion batteries intended for use in such bicycles with
    14  electric assist, micromobility devices, or limited use motorcycles with-
    15  out providing to the purchaser an operating manual for such bicycle with
    16  electric assist, micromobility device, or limited use motorcycle, or for
    17  such  lithium-ion  battery  intended  for use in a bicycle with electric
    18  assist, micromobility device, or limited use motorcycle.
    19    3. Such operating manual  referred  to  in  subdivision  two  of  this
    20  section  shall be printed in English and the three most common non-Engl-
    21  ish languages spoken by limited-English proficient  individuals  in  the
    22  state,  based  on  the data in the most recent American Community Survey
    23  published by the United States Census Bureau.  The manual shall  include
    24  instructions  on  how to store and charge the battery, when and where to
    25  charge the battery, and what to do if the battery  overheats  or  leaks,
    26  there is a strange odor or noise associated with the battery or there is
    27  a  change  in  the  shape or color of the battery, and a website address
    28  where the electronic version of such manual is available in English  and
    29  the  twelve  most common non-English languages spoken by limited-English
    30  proficient individuals in the state, based  on  the  data  in  the  most
    31  recent  American  Community Survey published by the United States Census
    32  Bureau.
    33    4. Violation of this section by the retail entity pursuant to subdivi-
    34  sions two and three of this section shall be punishable by a fine of not
    35  more than two hundred fifty dollars for the first offense and  not  more
    36  than one thousand dollars for each subsequent offense.
    37    5.  This section shall not annul, alter, affect, or exempt any person,
    38  firm,  partnership,  corporation,  or  association,   subject   to   the
    39  provisions  of  this  section  from complying with the laws, ordinances,
    40  rules, or regulations of any locality, relating to the affixing,  label-
    41  ing,  or  provision  of  identification, safety, informational, or other
    42  materials.
    43    § 2. This act shall take effect on the one hundred eightieth day after
    44  it shall have become a law. Effective immediately, the addition,  amend-
    45  ment and/or repeal of any rule or regulation necessary for the implemen-
    46  tation  of  this act on its effective date are authorized to be made and
    47  completed on or before such effective date.
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