NY State Senate Bill S9597

Archive: Last Bill Status - In Senate Committee Rules Committee

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

S9597 (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:: S154

S9597 (ACTIVE) - Summary

Prohibits the sale of storage batteries for powered mobility devices unless such battery has been listed and labeled by a nationally recognized testing laboratory or other approved organization and such labeling is disclosed on the packaging for such battery; provides penalties for violations.

S9597 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S9597

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to the sale of
batteries for powered mobility devices

 
SUMMARY OF SPECIFIC PROVISIONS:

A new article of the General Business Law to prohibit the sale of
batteries for mobility devices such as electric bicycles or scooters
unless such batteries have been listed and labeled by a nationally
recognized testing laboratory or other approved organization. A person
who violated the law would be subject to a civil penalty. The civil
penalty would range from no monetary penalty 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.

There are a lot of non-proprietary batteries listed on the online
marketplace that claim that they are compatible with e-bikes and
e-scooters. Little is known about these battery companies, and little is
known about the safety of these batteries. This bill would require that
all batteries sold in NY for mobility devices be tested be a nationally
recognized laboratory for safety so that purchasers know that what they
are purchasing is safe.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninety days after it shall have become law

S9597 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9597
 
                             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  the  sale  of
   batteries for powered mobility devices
 
   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
                  BATTERIES FOR POWERED MOBILITY DEVICES
 
 SECTION 899-GGG. DEFINITIONS.
         899-HHH. SALE OF BATTERIES FOR POWERED MOBILITY DEVICES.
   § 899-GGG. DEFINITIONS. FOR PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "POWERED MOBILITY DEVICE" MEANS A LIGHT ELECTRIC-POWERED VEHICLE OR
 PERSONAL  ELECTRIC MOBILITY DEVICE SUCH AS AN ELECTRIC BICYCLE OR SCOOT-
 ER.
   2. "STOCK KEEPING UNIT" MEANS EACH GROUP OF ITEMS OFFERED FOR SALE  OF
 THE SAME BRAND NAME, QUANTITY OF CONTENTS, RETAIL PRICE AND VARIETY.
   § 899-HHH. SALE  OF  BATTERIES  FOR  POWERED  MOBILITY  DEVICES. 1. NO
 PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE A STORAGE BATTERY FOR  A
 POWERED  MOBILITY  DEVICE  UNLESS  IT  HAS  BEEN LISTED AND LABELED BY A
 NATIONALLY RECOGNIZED TESTING LABORATORY OR OTHER APPROVED  ORGANIZATION
 AND SUCH LABELING IS DISCLOSED ON THE PACKAGING FOR SUCH BATTERY.
   2.  A  PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION OR ANY RULE
 PROMULGATED THEREUNDER SHALL BE LIABLE FOR A CIVIL PENALTY AS FOLLOWS:
   (A) FOR THE FIRST VIOLATION, A CIVIL PENALTY OF ZERO DOLLARS;
   (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; AND
   (C) EACH FAILURE TO COMPLY WITH SUBDIVISION ONE OF THIS  SECTION  WITH
 RESPECT  TO  ANY  ONE  STOCK  KEEPING  UNIT  SHALL CONSTITUTE A SEPARATE
 VIOLATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16538-01-2

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The New York State Senate

senate Bill S9597

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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S9597 (ACTIVE) - Details

S9597 (ACTIVE) - Summary

S9597 (ACTIVE) - Sponsor Memo

S9597 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9597

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

S9597 (ACTIVE) - Details

S9597 (ACTIVE) - Summary

S9597 (ACTIVE) - Sponsor Memo

S9597 (ACTIVE) - Bill Text download pdf

Comments