S T A T E O F N E W Y O R K
________________________________________________________________________
8291--B
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, LEE, RAGA, L. ROSENTHAL, SIMON --
read once and referred to the Committee on Consumer Affairs and
Protection -- 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 committee -- reported and referred to the Committee on Codes
-- reported and referred to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
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) "BATTERY CASE" MEANS A METAL CONTAINER OR CABINET SPECIFICALLY
DESIGNED AND INTENDED FOR THE SAFE STORAGE OF LITHIUM-ION BATTERIES OR
FLAMMABLE MATERIALS;
(B) "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; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13356-06-4
A. 8291--B 2
(C) "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-
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. EXCEPT FOR LITHIUM-ION BATTERIES THAT ARE COMPLETELY ENCLOSED
WITHIN THE FRAME OF A BICYCLE WITH ELECTRIC ASSIST AND ARE NOT REMOVABLE
WITHOUT DISASSEMBLY OR THAT ARE IN ORIGINAL PROTECTIVE SHIPPING CONTAIN-
ERS THAT COMPLY WITH UN3481 OR UN3171 AND ARE SO MARKED, 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 BATTERY CASES AND THE INSTALLA-
TION, 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 one year after it shall have become a
law.