NY State Senate Bill S9596

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
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- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 16, 2022	referred to rules

S9596 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add Art 39-H §§899-ggg & 899-hhh, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S157

S9596 (ACTIVE) - Summary

Prohibits the sale of second-use lithium-ion batteries intended for use in a bicycle with electric assist, an electric scooter or a limited use motorcycle; provides penalties for violations.

S9596 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S9596

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of second-use lithium-ion batteries

 
SUMMARY OF SPECIFIC PROVISIONS:

A new article of the General Business Law is created to prohibit the
distribution, assembly, or sale of second-use lithium-ion batteries for
e-bikes and e-scooters that have been assembled or reconditioned using
cells removed from used batteries. A person who violated the law would
be subject to a civil penalty. The civil penalty would range from $200
for a first violation to $1,000 for each subsequent violation within two
years.

 
JUSTIFICATION:

Lithium-Ion battery fires can be extremely dangerous because they are
self-sustaining and are difficult to contain and extinguish. The

construction of these batteries contain a pressurized electrolyte fluid
that makes them very dangerous in a range of circumstances.  Circum-
stances that may compromise the battery's integrity and cause the
battery to explode or ignite include but are not limited to: (i) impact
damage to the battery; (ii) a manufacturing flaw; (iii) aging and dete-
rioration of the battery components; (iv) extreme temperatures; and (v)
overcharging. Additionally, overcharging lithium-ion may produce an
exothermic decomposition of the battery cell, which leads to potential
rupturing and creating a highly dangerous thermal explosion called ther-
mal runaway.

Over the past year the City has experienced a rapid increase in lithi-
um-ion battery related fires, largely associated with E-Bikes.  It has
been reported that four times a week on average, an E-Bike or E-Scooter
battery causes a fire in the City. As of October 30, 2022, the FDNY
investigated 174 battery related fires, which puts the City on track to
double the total number of battery related fires of 104 from 2021 and
quadruple the number of fires of 44 from 2020. These fires cause signif-
icant property damage and loss and have resulted in the deaths of multi-
ple city residents.

The FDNY has found that some of these battery fires have resulted from
second-use lithium-ion batteries that contained used batteries reassem-
bled for use as an e-bike battery. These batteries were not intended to
be used for this purpose and it is likely that this was a factor in the
battery combusting. This bill increases safety to NY residents by
banning the sale of second-use batteries, or reassembled batteries that
are constituted from previously used batteries.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninety days after it shall have become law

S9596 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9596
 
                             I N  S E N A T E
 
                             November 16, 2022
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of second-use lithium-ion batteries
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new article
 39-H to read as follows:
                               ARTICLE 39-H
                     SECOND-USE LITHIUM-ION BATTERIES
 SECTION 899-GGG. DEFINITIONS.
         899-HHH. SALE OF SECOND-USE LITHIUM-ION BATTERIES.
   §  899-GGG.  DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "LITHIUM-ION BATTERY" MEANS A STORAGE BATTERY  IN  WHICH  AN  ELEC-
 TRICAL  CURRENT  IS  GENERATED  BY  LITHIUM  IONS  EMBEDDED  IN A CARBON
 GRAPHITE OR NICKEL METAL-OXIDE  SUBSTRATE  PLACED  IN  A  HIGH-VISCOSITY
 CARBONATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
   2.  "SECOND-USE  LITHIUM-ION BATTERY" MEANS A LITHIUM-ION BATTERY THAT
 HAS BEEN ASSEMBLED  OR  RECONDITIONED  USING  CELLS  REMOVED  FROM  USED
 BATTERIES.
   §  899-HHH.  SALE  OF  SECOND-USE  LITHIUM-ION BATTERIES. 1. NO PERSON
 SHALL DISTRIBUTE, ASSEMBLE,  RECONDITION,  SELL  OR  OFFER  FOR  SALE  A
 SECOND-USE  LITHIUM-ION BATTERY INTENDED FOR USE IN A BICYCLE WITH ELEC-
 TRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE  VEHICLE  AND
 TRAFFIC LAW, AN ELECTRIC SCOOTER AS DEFINED IN SECTION ONE HUNDRED FOUR-
 TEEN-E  OF  THE  VEHICLE AND TRAFFIC LAW, OR A LIMITED USE MOTORCYCLE AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHICLE  AND  TRAFFIC
 LAW.
   2. A PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION IS LIABLE FOR
 A CIVIL PENALTY AS FOLLOWS:
   (A)  FOR  THE FIRST VIOLATION, A CIVIL PENALTY OF TWO HUNDRED DOLLARS;
 AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16525-02-2

 S. 9596                             2
 
   (B) FOR EACH SUBSEQUENT VIOLATION ISSUED FOR THE SAME  OFFENSE  WITHIN
 TWO  YEARS OF THE DATE OF A FIRST VIOLATION, A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS.
   3.  EACH  FAILURE  TO COMPLY WITH SUBDIVISION ONE OF THIS SECTION WITH
 RESPECT TO EACH SEPARATE SECOND-USE LITHIUM-ION  BATTERY  CONSTITUTES  A
 SEPARATE VIOLATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S9596

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Archive: Last Bill Status - In Senate Committee Rules Committee

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S9596 (ACTIVE) - Details

S9596 (ACTIVE) - Summary

S9596 (ACTIVE) - Sponsor Memo

S9596 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9596

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

S9596 (ACTIVE) - Details

S9596 (ACTIVE) - Summary

S9596 (ACTIVE) - Sponsor Memo

S9596 (ACTIVE) - Bill Text download pdf

Comments