S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5310
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01103-01-3
              

 A. 5310                             2
 
   (A) FOR THE FIRST VIOLATION, A CIVIL PENALTY OF TWO  HUNDRED  DOLLARS;
 AND
   (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.