S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8291--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. EACHUS, GUNTHER, COLTON, JACOBSON, McDONOUGH,
   GRAY, DeSTEFANO, GONZALEZ-ROJAS, ZINERMAN, GALLAGHER,  SAYEGH,  CHANG,
   K. BROWN,  SHIMSKY, REYES, SIMONE, TAYLOR, ARDILA, BENEDETTO, EPSTEIN,
   BEEPHAN, LEMONDES, HYNDMAN, BICHOTTE HERMELYN, LEVENBERG, FAHY,  DAVI-
   LA,  ROZIC,  COOK,  STECK,  WOERNER  --  read once and referred to the
   Committee on Consumer Affairs and Protection  --  recommitted  to  the
   Committee on Consumer Affairs and Protection in accordance with Assem-
   bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to retail premises
   of lithium-ion batteries, bicycles with electric assist, micromobility
   devices, and limited use motorcycles
 
   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 section
 391-cc to read as follows:
   §  391-CC.  RETAIL  PREMISES  OF  LITHIUM-ION BATTERIES, BICYCLES WITH
 ELECTRIC ASSIST, MICROMOBILITY DEVICES, AND LIMITED USE MOTORCYCLES.  1.
 AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "LITHIUM-ION BATTERY" MEANS A RECHARGEABLE BATTERY WITH AN ORGANIC
 SOLVENT ELECTROLYTE AND POSITIVE AND NEGATIVE ELECTRODES  WHICH  UTILIZE
 AN INTERCALATION COMPOUND IN WHICH LITHIUM IS STORED.
   (B)  "MICROMOBILITY  DEVICE"  MEANS  AN ELECTRIC SCOOTER AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW, AN  ELEC-
 TRIC  PERSONAL  ASSISTIVE  MOBILITY  DEVICE  AS  DEFINED  IN SECTION ONE
 HUNDRED FOURTEEN-D OF THE VEHICLE AND TRAFFIC  LAW,  OR  OTHER  PERSONAL
 MOBILITY DEVICE POWERED BY A LITHIUM-ION BATTERY. THE TERM MICROMOBILITY
 DEVICE  SHALL  NOT  INCLUDE  BICYCLES WITH ELECTRIC ASSIST AS DEFINED IN
 SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC  LAW,  LIMITED  USE
 MOTORCYCLES  AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13356-04-4
              

 A. 8291--A                          2
 
 CLE AND TRAFFIC LAW, WHEELCHAIRS OR OTHER ELECTRICALLY  DRIVEN  MOBILITY
 ASSISTANCE  DEVICES  AS  DEFINED  IN SECTION ONE HUNDRED THIRTY-A OF THE
 VEHICLE AND TRAFFIC LAW, OR ANY VEHICLE THAT IS CAPABLE OF BEING  REGIS-
 TERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
   2.  ANY  INDIVIDUAL,  FIRM,  PARTNERSHIP, ASSOCIATION, OR CORPORATION,
 WHICH OPERATES A PREMISES WHERE BICYCLES WITH ELECTRIC ASSIST AS DEFINED
 IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW, MICROMOBIL-
 ITY DEVICES, LIMITED USE MOTORCYCLES AS DEFINED IN SECTION  ONE  HUNDRED
 TWENTY-ONE-B  OF  THE  VEHICLE AND TRAFFIC LAW, OR LITHIUM-ION BATTERIES
 ARE SOLD AT RETAIL, REPAIRED, OR HOUSED  IN  A  STORAGE  FACILITY  SHALL
 MAINTAIN  ON  SUCH  PREMISES  FUNCTIONAL FIRE PROTECTION AND SUPPRESSION
 MEASURES EFFECTIVE AGAINST LITHIUM-ION  BATTERY  AND  ELECTRICAL  FIRES,
 INCLUDING  BUT  NOT LIMITED TO CLASS B EXTINGUISHERS, BATTERY CASES, AND
 AUTOMATIC MONITORING AND DETECTION. IN THE EVENT OF AN ELECTRICAL  FIRE,
 SUCH FIRE PROTECTION AND SUPPRESSION SYSTEM SHALL HAVE THE CAPABILITY OF
 AN  IMMEDIATE RESPONSE TO MITIGATE AND CONTAIN THE FIRE. NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO RESTRICT A MUNICIPALITY FROM ENFORCING THE
 PROVISIONS OF  THIS  SUBDIVISION  OR  FURTHER  REQUIRE  ADDITIONAL  FIRE
 PROTECTION AND SUPPRESSION MEASURES.
   3.  ANY  LITHIUM-ION BATTERIES ON THE PREMISES SHALL BE REQUIRED TO BE
 STORED IN BATTERY CASES OUTSIDE  OF  THE  HOURS  OF  OPERATION  OF  SUCH
 RETAILER AND/OR WHILE IN AN UNMANNED FACILITY DURING STORAGE.
   4.  THE  DEPARTMENT  OF  STATE SHALL PROMULGATE RULES, REGULATIONS AND
 STANDARDS DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF  THIS  SECTION
 ON  OR  BEFORE  ITS  EFFECTIVE DATE AND, IN CONJUNCTION WITH APPROPRIATE
 AGENCIES, SHALL ESTABLISH STANDARDS FOR THE INSTALLATION, OPERATION  AND
 INSPECTION   OF  FIRE  PROTECTION  SYSTEMS  INSTALLED  PURSUANT  TO  THE
 PROVISIONS OF THIS SECTION.
   5. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
 NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.