NY State Senate Bill 2023-S154F

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2024	print number 154f
Apr 18, 2024	amend (t) and recommit to consumer protection
Mar 07, 2024	print number 154e
Mar 07, 2024	amend (t) and recommit to consumer protection
Feb 20, 2024	print number 154d
Feb 20, 2024	amend (t) and recommit to consumer protection
Jan 03, 2024	referred to consumer protection returned to senate died in assembly
Jun 08, 2023	referred to consumer affairs and protection delivered to assembly passed senate
May 30, 2023	amended on third reading (t) 154c
May 01, 2023	advanced to third reading
Apr 26, 2023	2nd report cal.
Apr 25, 2023	1st report cal.656
Apr 10, 2023	print number 154b
Apr 10, 2023	amend and recommit to consumer protection
Feb 21, 2023	print number 154a
Feb 21, 2023	amend (t) and recommit to consumer protection
Jan 04, 2023	referred to consumer protection

co-Sponsors

View additional co-sponsors

2023-S154 - Details

See Assembly Version of this Bill:: A4938
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 28-G §§495 & 495-a, Gen Bus L

2023-S154 - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-S154 - Sponsor Memo

                                 
BILL NUMBER: S154

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:

2022: S.9597/No Same As: Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninety days after it shall have become law

2023-S154 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    154
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01104-01-3
 S. 154                              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; 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.

co-Sponsors

View additional co-sponsors

2023-S154A - Details

See Assembly Version of this Bill:: A4938
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 28-G §§495 & 495-a, Gen Bus L

2023-S154A - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-S154A - Sponsor Memo

                                 
BILL NUMBER: S154A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to the manufacture
and sale of lithium-ion batteries

 
PURPOSE:

Bans the manufacturing, sale, and distribution of all lithium-ion
batteries and chargers that do not meet minimum industry safety stand-
ards

 
SUMMARY OF PROVISIONS:

Section one of the bill adds § 391-w to the general business law to
prohibit the manufacturing, distribution, or sale of any lithium-ion
battery or chargers that do not comply with one of the listed standards
set out by either the Underwriters Laboratories, the International.
Electrotechnical Commission, the American National Standards Institute,
or the Society of Automotive & Aerospace Engineering. The bill also

subjects those who violate the provisions of this section to a civil
penalty of five hundred dollars for the first violation and one thousand
dollars for each subsequent violation.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Lithium-ion batteries (LIBs) have become increasingly popular over
recent years thanks to their powerful energy outputs and manageable
sizes. There are hardly any New Yorkers remaining who wouldn't be using
a LIB in their day-to-day activities. From phones to tablets to e-bikes,
LIBs have become a staple of our lives.

However, despite their efficiency, we must work to limit the dangers
associated with LIBs. Specifically, as a result of faults in the struc-
ture of LIBs and their chargers, we've begun seeing a trend of the
batteries overheating and exploding into flames. In the first forty days
of 2023 alone, we've seen three fires sparked by LIBs already. Dozens
have been injured, including more than eighteen children in Queens, and
one person who was killed in a Bronx fire that that injured ten more.
The New York Times reported that LIBs caused about 200 fires and six
deaths in 2022.

To prevent any more senseless harm, this bill would ban the manufactur-
ing, distribution, and sale of any LIBs or LIB chargers that do not meet
industry safety standards. These standards make the devices much safer
overall, and also specifically when it comes to decreasing the chances
that the LIB starts a fire when overcharged.  Uncertified LIBs and char-
gers have become a serious threat to New Yorkers, with their shoddy
designs making their devices far more vulnerable to overheating and
exploding when overcharged. Forcing these dangerous devices out of the
market and ensuring that every New Yorker has the safest LIBs and LIB
chargers possible is a common-sense step toward making our citizens
safer.

 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Ninety days after passage.

2023-S154A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. KRUEGER, CHU, FERNANDEZ, GONZALEZ, GOUNARDES, HOYL-
   MAN-SIGAL, LIU, RAMOS -- read twice  and  ordered  printed,  and  when
   printed  to  be  committed  to the Committee on Consumer Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the manufacture
   and sale of 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 section
 391-w to read as follows:
   § 391-W. LITHIUM-ION BATTERY STANDARDS. 1. NO PERSON,  FIRM,  PARTNER-
 SHIP,  ASSOCIATION  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE OR SELL
 IN THIS STATE ANY LITHIUM-ION BATTERIES AND CHARGERS WHICH DO NOT COMPLY
 WITH ONE OF THE FOLLOWING STANDARDS:
   (A) THE UNDERWRITERS LABORATORIES: UL 1642, UL 2054, AND UL 2580;
   (B) THE INTERNATIONAL  ELECTROTECHNICAL  COMMISSION:  IEC  62133,  IEC
 60086-4, IEC 61960, AND IEC 62281;
   (C) THE AMERICAN NATIONAL STANDARDS INSTITUTE: ANSI C18; OR
   (D)  THE  SOCIETY  OF AUTOMOTIVE & AEROSPACE ENGINEERING SAE J2464 AND
 SAE J2929.
   2. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL  PENALTY
 OF FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND DOLLARS
 FOR EACH SUBSEQUENT 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.
                                                            LBD01104-02-3

co-Sponsors

View additional co-sponsors

2023-S154B - Details

See Assembly Version of this Bill:: A4938
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 28-G §§495 & 495-a, Gen Bus L

2023-S154B - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-S154B - Sponsor Memo

                                 
BILL NUMBER: S154B

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to the manufacture
and sale of lithium-ion batteries

 
PURPOSE:

Bans the manufacturing, sale, and distribution of all lithium-ion
batteries and chargers that do not meet minimum industry safety stand-
ards

 
SUMMARY OF PROVISIONS:

Section one of the bill adds § 391-w to the general business law to
prohibit the manufacturing, distribution, or sale of any lithium-ion
battery or chargers that do not comply with one of the listed standards
set out by either the Underwriters Laboratories the American National
Standards Institute, or the Society of Automotive & Aerospace Engineer-
ing. The bill also subjects those who violate the provisions of this

section to a civil penalty of five hundred dollars for the first
violation and one thousand dollars for each subsequent violation.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Lithium-ion batteries (LIBs) have become increasingly popular over
recent years thanks to their powerful energy outputs and manageable
sizes. There are hardly any New Yorkers remaining who wouldn't be using
a LIB in their day-to-day activities. From phones to tablets to e-bikes,
LIBs have become a staple of our lives.

However, despite their efficiency, we must work to limit the dangers
associated with LIBs. Specifically, as a result of faults in the struc-
ture of LIBs and their chargers, we've begun seeing a trend of the
batteries overheating and exploding into flames. In the first forty days
of 2023 alone, we've seen three fires sparked by LIBs already. Dozens
have been injured, including more than eighteen children in Queens, and
one person who was killed in a Bronx fire that that injured ten more.
The New York Times reported that LIBs caused about 200 fires and six
deaths in 2022.

To prevent any more senseless harm, this bill would ban the manufactur-
ing, distribution, and sale of any LIBs or LIB chargers that do not meet
industry safety standards. These standards make the devices much safer
overall, and also specifically when it comes to decreasing the chances
that the LIB starts a fire when overcharged. Uncertified LIBs and char-
gers have become a serious threat to New Yorkers, with their shoddy
designs making their devices far more vulnerable to overheating and
exploding when overcharged. Forcing these dangerous devices out of the
market and ensuring that every New Yorker has the safest LIBs and LIB
chargers possible is a common-sense step toward making our citizens
safer.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Ninety days after passage.

2023-S154B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. KRUEGER, CHU, FERNANDEZ, GONZALEZ, GOUNARDES, HOYL-
   MAN-SIGAL, LIU, RAMOS -- read twice  and  ordered  printed,  and  when
   printed  to  be  committed  to the Committee on Consumer Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the manufacture
   and sale of 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 section
 391-w to read as follows:
   §  391-W.  LITHIUM-ION BATTERY STANDARDS. 1. NO PERSON, FIRM, PARTNER-
 SHIP, ASSOCIATION OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE  OR  SELL
 IN THIS STATE ANY LITHIUM-ION BATTERIES OR CHARGERS, AS APPLICABLE, THAT
 HAVE  NOT  BEEN  CERTIFIED BY A NATIONALLY RECOGNIZED TESTING LABORATORY
 WITH THE FOLLOWING STANDARDS OR SPECIFICATIONS OR ANY  SUCCESSOR  STAND-
 ARDS OR SPECIFICATIONS, WITHIN ITS SCOPE OF RECOGNITION:
   (A) THE UNDERWRITERS LABORATORIES: UL 1642, UL 1973, UL 2054, UL 2271,
 UL 2272, UL 2580, UL 62133-2, UL 2849, AND UL 9540;
   (B) THE AMERICAN NATIONAL STANDARDS INSTITUTE: ANSI C18; OR
   (C)  THE  SOCIETY OF AUTOMOTIVE & AEROSPACE ENGINEERING: SAE J2464 AND
 SAE J2929.
   2.  SUCH  CERTIFICATION  OR  THE  LOGO,  WORDMARK,  OR  NAME  OF  SUCH
 NATIONALLY  RECOGNIZED TESTING LABORATORY MUST BE DISPLAYED ON PACKAGING
 OR DOCUMENTATION AT THE TIME OF SALE FOR THE PRODUCT OR DIRECTLY ON  THE
 PRODUCT ITSELF.
   3.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
 OF FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND DOLLARS
 FOR EACH SUBSEQUENT 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.
                                                            LBD01104-03-3

co-Sponsors

View additional co-sponsors

2023-S154C - Details

See Assembly Version of this Bill:: A4938
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 28-G §§495 & 495-a, Gen Bus L

2023-S154C - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-S154C - Sponsor Memo

                                 
BILL NUMBER: S154CREVISED 6/5/23

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to the manufacture
and sale of lithium-ion batteries for use in light electric-powered
vehicles or personal electric mobility devices

 
PURPOSE:

Bans the manufacturing, sale, and distribution of all lithium-ion
batteries and chargers for light electric powered vehicles and personal
electric mobility devices, such as e-bikes, e-scooters, and hoverboards,
that do not meet minimum industry safety standards.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds § 391-w to the general business law to
prohibit the manufacturing, distribution, and sale of any lithium-ion
battery or chargers for e-bikes, e-scooters, and other small personal-
use mobility devices that do not comply with one of the listed standards

set out by Underwriters Laboratories. The bill also subjects those who
violate the provisions of this section to a civil penalty of five
hundred dollars for the first violation and one thousand dollars for
each subsequent violation.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Lithium-ion batteries (LIBs) have become increasingly popular over
recent years thanks to their powerful energy outputs and manageable
sizes. There are hardly any New Yorkers remaining who wouldn't be using
an LIB in their day-to-day activities. These batteries have become espe-
cially prevalent in personal electronic mobility devices, most notably
e-bikes, e-scooters, and hoverboards.

However, despite their efficiency, we must work to limit the dangers
associated with LIBs. Specifically, as a result of faults in the struc-
ture of LIBs and their chargers, we've begun seeing a trend of the
batteries overheating and exploding into flames. In the first forty days
of 2023 alone, we've seen three fires sparked by LIBs already. Dozens
have been injured, including more than eighteen children in Queens, and
one person who was killed in a Bronx fire that that injured ten more.
The New York Times reported that LIBs caused about 200 fires and six
deaths in 2022. The fires that have been especially dangerous and common
have been caused by batteries in e-bikes, e-scooters, and hoverboards.

To prevent any more senseless harm, this bill would ban the manufactur-
ing, distribution, and sale of any LIBs or LIB chargers in personal
electronic micromobility devices, most notably e-bikes, e-scooters, and
hoverboards, that do not meet industry safety standards. These standards
make the devices much safer overall, specifically when it comes to
decreasing the chances that the LIB starts a fire when overcharged.
Uncertified LIBs and chargers in e-bikes, e-scooters, and hoverboards
have become a serious threat to New Yorkers, with their shoddy designs
making their devices far more vulnerable to overheating and exploding
when overcharged. Forcing these dangerous devices out of the market and
ensuring that every New Yorker has the safest LIBs and LIB chargers
possible is a commonsense step toward making our citizens safer. This
bill is intended to increase consumer safety for those using products
such as e-bikes, e-scooters, and hover boards. It would not apply to
electric cars, industrial equipment, or other small vehicles powered by
a lithium-ion battery.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Ninety days after passage.

2023-S154C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--C
     Cal. No. 656
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  CHU,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL, LIU, RAMOS -- read twice and ordered  print-
   ed,  and  when  printed  to  be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the general business law, in relation to the manufacture
   and sale of lithium-ion batteries for use  in  light  electric-powered
   vehicles or personal electric 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 section
 391-w to read as follows:
   § 391-W. LITHIUM-ION BATTERY STANDARDS. 1. NO PERSON,  FIRM,  PARTNER-
 SHIP,  ASSOCIATION  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE OR SELL
 IN THIS STATE ANY LITHIUM-ION BATTERIES OR CHARGERS FOR ANY LIGHT  ELEC-
 TRIC-POWERED  VEHICLE  OR  PERSONAL  ELECTRIC  MOBILITY DEVICE SUCH AS A
 BICYCLE OR SCOOTER POWERED MOBILITY DEVICE THAT HAVE NOT BEEN  CERTIFIED
 BY A NATIONALLY RECOGNIZED TESTING LABORATORY FOR COMPLIANCE WITH UNDER-
 WRITERS  LABORATORIES  (UL) STANDARD 2271, UNDERWITERS LABORATORIES (UL)
 STANDARD 2272, OR IF SUCH BATTERY  IS  PART  OF  A  COMPLETE  ELECTRICAL
 SYSTEM, UNDERWRITERS LABORATORIES (UL) STANDARD 2849.
   2.  SUCH  CERTIFICATION  OR  THE  LOGO,  WORDMARK,  OR  NAME  OF  SUCH
 NATIONALLY RECOGNIZED TESTING LABORATORY MUST BE DISPLAYED ON  PACKAGING
 OR  DOCUMENTATION AT THE TIME OF SALE FOR THE PRODUCT OR DIRECTLY ON THE
 PRODUCT ITSELF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01104-04-3
 S. 154--C                           2
 
   3. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL  PENALTY
 OF FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND DOLLARS
 FOR EACH SUBSEQUENT VIOLATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2023-S154D - Details

See Assembly Version of this Bill:: A4938
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 28-G §§495 & 495-a, Gen Bus L

2023-S154D - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-S154D - Sponsor Memo

                                 
BILL NUMBER: S154DREVISED 2/26/24

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to the manufacture
and sale of lithium-ion batteries for use in bicycles with electric
assist or micromobility devices

 
PURPOSE:

Bans the manufacturing, sale, and distribution of all lithium-ion
batteries and chargers for light electric powered vehicles and personal
electric mobility devices, such as e-bikes, e-scooters, and hoverboards,
that do not meet minimum industry safety standards.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new article 28-G to the general business
law to define and prohibit the distribution, manufacturing, and sale of
lithium-ion battery or a second-use lithium-ion battery intended for use
in a micromobility device unless the lithium-ion battery or second-use

lithium-ion battery has been certified by an accredited testing labora-
tory to certain industry standards. This bill subjects those who violate
the provisions of this article to a civil penalty of two hundred dollars
for the first violation and no more than one thousand dollars for each
subsequent violation.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Lithium-ion batteries (LIBs) have become increasingly popular over
recent years thanks to their powerful energy outputs and manageable
sizes. Almost all New Yorkers use LIBs in their daily activities.  These
batteries have become especially prevalent in personal electronic mobil-
ity devices, most notably e-bikes, e-scooters, and hoverboards.

Despite their efficiency, some LIBs can pose serious public safety
hazards that government must address. As a result of faults in the
structure of LIBs and/or their chargers, batteries can overheat and
explode, starting fires that are hard to contain and which can spread
very quickly, putting lives in danger and causing serious damage to
residential and commercial property. Lithium-Ion battery fires can be
extremely dangerous because they are self-sustaining and are difficult
to contain and extinguish. These batteries contain a pressurized elec-
trolyte fluid that makes them very dangerous in a range of circum-
stances. Circumstances 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 deterioration 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 poten-
tial rupturing and creating a highly dangerous thermal explosion called
thermal runaway.

In 2023, more than 264 fires were sparked by LIBs in New York City
alone. Dozens were injured, including more than eighteen children in
Queens, and one person who was killed in a Bronx fire that injured ten
more. The New York Times reported that LIBs caused approximately 200
fires in New York City and six deaths in 2022. The FDNY found that some
of these battery fires have resulted from second-use lithium-ion
batteries that contained used batteries reassembled 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 is an important step to prevent future fires due to shoddy
equipment, and will save lives and preserve homes and businesses in the
process. It would ban the manufacturing, distribution, and sale of any
LIBs or LIB chargers in personal electronic microbility devices that
fail to meet industry safety standards.

These standards make the devices much safer, specifically when it comes
to decreasing the chances that the LIB starts a fire when overcharged.
Uncertified LIBs and chargers in e-bikes, e-scooters, and hoverboards
have become a serious threat to New Yorkers, with their shoddy designs
making their devices far more vulnerable to overheating and exploding
when overcharged. Eliminating these dangerous devices from the market
and ensuring that every New Yorker has the safest LIBs and LIB chargers
possible is a commonsense step toward making our citizens safer. This
legislation will increase consumer safety for those using products such
as e-bikes, e-scooters, and hoverboards. It would not apply to electric
cars, industrial equipment, or other small vehicles powered by a lithi-
um-ion battery.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Ninety days after passage.

2023-S154D - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--D
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  CHU,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL,  JACKSON,  LIU,  RAMOS  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Consumer Protection -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  recommitted  to the Committee on Consumer Protection in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the manufacture
   and  sale  of  lithium-ion batteries for use in bicycles with electric
   assist or micromobility 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
 28-G to read as follows:
                                ARTICLE 28-G
                    BATTERIES FOR MICROMOBILITY DEVICES
 
 SECTION 495. DEFINITIONS.
         495-A. SALE  OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
                    BATTERIES.
   § 495. 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 CARBO-
 NATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01104-06-4
 S. 154--D                           2
 
   2. "SECOND-USE LITHIUM-ION BATTERY" MEANS A LITHIUM-ION  BATTERY  THAT
 HAS  BEEN  ASSEMBLED, REFURBISHED, REPAIRED, REPURPOSED OR RECONDITIONED
 USING CELLS REMOVED FROM USED BATTERIES.
   3.  "MICROMOBILITY  DEVICE"  MEANS  AN  ELECTRIC SCOOTER AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW  OR  OTHER
 PERSONAL  MOBILITY  DEVICE  POWERED  BY  A  LITHIUM-ION OR OTHER STORAGE
 BATTERY. THE TERM "MICROMOBILITY DEVICE" DOES NOT INCLUDE BICYCLES  WITH
 ELECTRIC  ASSIST  AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE
 AND TRAFFIC LAW, WHEELCHAIRS OR OTHER MOBILITY DEVICES DESIGNED FOR  USE
 BY  PERSONS  WITH  DISABILITIES, OR ANY VEHICLE THAT IS CAPABLE OF BEING
 REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
   4. "ACCREDITED TESTING LABORATORY" MEANS A NATIONALLY RECOGNIZED TEST-
 ING LABORATORY AS RECOGNIZED BY  THE  FEDERAL  OCCUPATIONAL  SAFETY  AND
 HEALTH  ADMINISTRATION OR AN INDEPENDENT LABORATORY THAT HAS BEEN CERTI-
 FIED BY AN ACCREDITING BODY TO ISO 17025 OR ISO 17065.
   § 495-A. SALE OF  LITHIUM-ION  BATTERIES  AND  SECOND-USE  LITHIUM-ION
 BATTERIES.  1.  (A)  NO  PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION,
 SELL OR OFFER FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION
 BATTERY INTENDED FOR USE IN A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
 SECTION ONE HUNDRED TWO-C OF THE VEHICLE  AND  TRAFFIC  LAW  UNLESS  THE
 LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS BEEN CERTIFIED
 BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH A BATTERY STAND-
 ARD  REFERENCED  IN  UL  2849, UL 2271 OR EN 15194, OR SUCH OTHER SAFETY
 STANDARD APPROVED BY THE DEPARTMENT OF STATE PURSUANT TO REGULATION, AND
 LABELED ACCORDINGLY.
   (B) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION, SELL  OR  OFFER
 FOR  SALE  A  LITHIUM-ION  BATTERY  OR  A SECOND-USE LITHIUM-ION BATTERY
 INTENDED FOR USE  IN  A  MICROMOBILITY  DEVICE  UNLESS  THE  LITHIUM-ION
 BATTERY  OR  SECOND-USE  LITHIUM-ION  BATTERY  HAS  BEEN CERTIFIED BY AN
 ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UL 2271 OR UL 2272, OR
 SUCH OTHER SAFETY STANDARD APPROVED BY THE DEPARTMENT OF STATE  PURSUANT
 TO REGULATION, AND LABELED ACCORDINGLY.
   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
   (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 LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION
 BATTERY CONSTITUTES A SEPARATE VIOLATION.
   4. THE DISTRICT ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION COUNSEL
 SHALL HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN THIS SECTION,  AND
 ALL  CIVIL  PENALTIES  OBTAINED  IN ANY SUCH ACTION SHALL BE RETAINED BY
 SUCH MUNICIPALITY OR COUNTY.
   5. THE DEPARTMENT OF STATE MAY PROMULGATE RULES AND  REGULATIONS  THAT
 PROVIDE  FOR  ANY  ADDITIONAL  ACCEPTABLE  SAFETY STANDARD RELATING TO A
 LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2023-S154E - Details

See Assembly Version of this Bill:: A4938
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 28-G §§495 & 495-a, Gen Bus L

2023-S154E - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-S154E - Sponsor Memo

                                 
BILL NUMBER: S154E

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to the manufacture
and sale of lithium-ion batteries for use in light electric-powered
vehicles or personal electric mobility devices

 
PURPOSE:

The purpose of this bill is to prohibit the manufacturing, distribution,
assembly, reconditing, sale or offering for sale a lithium-ion battery
or second-use lithium-ion battery intended for use in a bicycle with
electric assist, a moped, or other micro-mobility device unless the
lithium-ion battery is certified by an accredited testing laboratory.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Article 28-G to the general business law to:

*Defines "lithium-ion battery", "second use lithium-ion battery",

"micro-mobility device", "moped", and "accredited testing laboratory.

*Prohibits any person or entity from manufacturing, distribution, assem-
bly, reconditing, selling or offering for sale a lithium-ion battery or
second-use lithium-ion battery intended for use in a bicycle with elec-
tric assist, a moped, or other micro-mobility device unless the lithi-
um-ion battery is certified by an accredited testing laboratory

*Requires that any battery certified by an accredited testing laboratory
place such certification or the logo, wordmark, or name of the accred-
ited testing laboratory on the packaging or product

*Provides for a civil penalty of $500 for the first violation; and up to
$1000 for subsequent violations made within two years of the initial
violation

*Requires DOS to promulgate rules and regulations providing for addi-
tional acceptable lithium-ion battery safety standards.

Section 2 provides the effective date.

 
JUSTIFICATION:

"Lithium-ion batteries (LIBs) have become increasingly popular over
recent years thanks to their powerful energy outputs and manageable
sizes. There are hardly any New Yorkers remaining who wouldn't be using
a LIB in their day-to-day activities. From phones to tablets to e-bikes,
LIBs have become a staple of our lives.

However, despite their efficiency, we must work to limit the dangers
associated with LIBs. Specifically, as a result of faults in the struc-
ture of LIBs and their chargers, we've begun seeing a trend of the
batteries overheating and exploding into flames. In the first forty days
of 2023 alone, we've seen three fires sparked by LIBs already. Dozens
have been injured, including more than eighteen children in Queens, and
one person who was killed in a Bronx fire that that injured ten more.
The New York Times reported that LIBs caused about 200 fires and six
deaths in 2022. The problem has been mainly caused by batteries in
e-bikes and e-scooters.

To prevent any more senseless harm, this bill would ban the manufactur-
ing, distribution, assembly, reconditing, selling or offering for sale
of any LIBs or LIB chargers in electronic micromobility devices that do
not meet industry safety standards.  These standards make the devices
much safer overall, and specifically when it comes to decreasing the
chances that the LIB starts a fire when overcharged. Uncertified LIBs
and chargers have become a serious threat to New Yorkers, with their
shoddy designs making their devices far more vulnerable to overheating
and exploding when overcharged.  Forcing these dangerous devices out of
the market and ensuring that every New Yorker has the safest LIBs and
LIB chargers possible is a commonsense step toward making our citizens
safer." (Sponsor)

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Ninety days after passage.

2023-S154E - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--E
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  CHU,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL,  JACKSON,  LIU,  RAMOS  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Consumer Protection -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  recommitted  to the Committee on Consumer Protection in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the manufacture
   and  sale  of  lithium-ion batteries for use in light electric-powered
   vehicles or personal electric 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
 28-G to read as follows:
                                ARTICLE 28-G
        BATTERIES FOR MICROMOBILITY DEVICES, BICYCLES WITH ELECTRIC
                            ASSIST, AND MOPEDS
 
 SECTION 495. DEFINITIONS.
         495-A. SALE  OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
                    BATTERIES.
   § 495. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01104-08-4
 S. 154--E                           2
 
   1. "LITHIUM-ION BATTERY" MEANS A STORAGE BATTERY  IN  WHICH  AN  ELEC-
 TRICAL  CURRENT IS GENERATED BY LITHIUM IONS EMBEDDED IN A CARBON CARBO-
 NATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
   2.  "SECOND-USE  LITHIUM-ION BATTERY" MEANS A LITHIUM-ION BATTERY THAT
 HAS BEEN ASSEMBLED, REFURBISHED, REPAIRED, REPURPOSED  OR  RECONDITIONED
 USING CELLS REMOVED FROM USED BATTERIES.
   3.  "MICROMOBILITY  DEVICE"  MEANS  AN  ELECTRIC SCOOTER AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW, AN  ELEC-
 TRICAL  PERSONAL  ASSISTIVE  MOBILITY  DEVICE  AS DEFINED IN SECTION ONE
 HUNDRED FOURTEEN-D OF THE VEHICLE AND TRAFFIC  LAW,  OR  OTHER  PERSONAL
 MOBILITY  DEVICE  EQUIPPED  WITH A LITHIUM-ION OR OTHER STORAGE BATTERY,
 INCLUDING, BUT NOT LIMITED TO, A SKATEBOARD, UNICYCLE, OR OTHER  SIMILAR
 WHEELED DEVICE.  THE TERM "MICROMOBILITY DEVICE" SHALL NOT INCLUDE BICY-
 CLES WITH ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE
 VEHICLE AND TRAFFIC LAW, WHEELCHAIRS OR OTHER ELECTRICALLY DRIVEN MOBIL-
 ITY 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.
   4.  "MOPED" MEANS A LIMITED USE MOTORCYCLE AS DEFINED IN  SECTION  ONE
 HUNDRED TWENTY-ONE-B OF THE VEHICLE AND TRAFFIC LAW.
   5.    "ACCREDITED  TESTING  LABORATORY"  MEANS A NATIONALLY RECOGNIZED
 TESTING LABORATORY AS RECOGNIZED BY THE FEDERAL OCCUPATIONAL SAFETY  AND
 HEALTH  ADMINISTRATION OR AN INDEPENDENT LABORATORY THAT HAS BEEN CERTI-
 FIED BY AN ACCREDITING BODY TO ISO 17025 OR ISO 17065.
   § 495-A. SALE OF  LITHIUM-ION  BATTERIES  AND  SECOND-USE  LITHIUM-ION
 BATTERIES.  1.  (A) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR CORPO-
 RATION SHALL MANUFACTURE, DISTRIBUTE,  ASSEMBLE,  RECONDITION,  SELL  OR
 OFFER FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION BATTERY
 INTENDED FOR USE IN A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN SECTION
 ONE  HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW  OR FOR USE IN A MOPED
 UNLESS THE LITHIUM-ION BATTERY OR  SECOND-USE  LITHIUM-ION  BATTERY  HAS
 BEEN CERTIFIED BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH A
 BATTERY  STANDARD  REFERENCED  IN  UL 2849, UL 2271 OR EN 15194, OR SUCH
 OTHER SAFETY STANDARD APPROVED BY THE DEPARTMENT OF  STATE  PURSUANT  TO
 REGULATION.    SUCH CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF SUCH
 ACCREDITED  TESTING  LABORATORY  SHALL  BE  DISPLAYED  ON  PACKAGING  OR
 DOCUMENTATION  AT  THE  TIME  OF SALE FOR THE PRODUCT OR DIRECTLY ON THE
 PRODUCT ITSELF.
   (B) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION,  OR  CORPORATION  SHALL
 MANUFACTURE, DISTRIBUTE, ASSEMBLE, RECONDITION, SELL OR OFFER FOR SALE A
 LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION BATTERY INTENDED FOR USE
 IN  A  MICROMOBILITY DEVICE UNLESS THE LITHIUM-ION BATTERY OR SECOND-USE
 LITHIUM-ION BATTERY HAS BEEN CERTIFIED BY AN ACCREDITED TESTING  LABORA-
 TORY FOR COMPLIANCE WITH UL 2271 OR UL 2272, OR SUCH OTHER SAFETY STAND-
 ARD  APPROVED  BY  THE DEPARTMENT OF STATE PURSUANT TO REGULATION.  SUCH
 CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF SUCH ACCREDITED  TESTING
 LABORATORY  SHALL BE DISPLAYED ON PACKAGING OR DOCUMENTATION AT THE TIME
 OF SALE FOR THE PRODUCT OR DIRECTLY ON THE PRODUCT ITSELF.
   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  NOT  MORE  THAN  FIVE
 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.
 S. 154--E                           3
 
   3.  EACH  FAILURE  TO COMPLY WITH SUBDIVISION ONE OF THIS SECTION WITH
 RESPECT TO EACH SEPARATE LITHIUM-ION BATTERY OR  SECOND-USE  LITHIUM-ION
 BATTERY CONSTITUTES A SEPARATE VIOLATION.
   4. THE DISTRICT ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION COUNSEL
 SHALL  HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN THIS SECTION, AND
 ALL CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION  SHALL  BE  RETAINED  BY
 SUCH MUNICIPALITY OR COUNTY.
   5.  THE  DEPARTMENT OF STATE MAY PROMULGATE RULES AND REGULATIONS THAT
 PROVIDE FOR ANY ADDITIONAL ACCEPTABLE  SAFETY  STANDARD  RELATING  TO  A
 LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY.
   6.  NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE THE
 OPERATION OF ANY BICYCLE WITH ELECTRIC ASSIST, MOPED,  OR  MICROMOBILITY
 DEVICE ON PUBLIC ROADS, PRIVATE ROADS OPEN TO PUBLIC MOTOR VEHICLE TRAF-
 FIC,  OR ANY PARKING LOT UNLESS THE OPERATION OF SUCH BICYCLE WITH ELEC-
 TRIC ASSIST, MOPED, OR MICROMOBILITY DEVICE THEREON IS AUTHORIZED PURSU-
 ANT TO THE PROVISIONS OF THE VEHICLE AND TRAFFIC LAW  AND  SUCH  BICYCLE
 WITH  ELECTRIC  ASSIST,  MOPED, OR MICROMOBILITY DEVICE IS IN COMPLIANCE
 WITH SUCH LAW.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2023-S154F (ACTIVE) - Details

See Assembly Version of this Bill:: A4938
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 28-G §§495 & 495-a, Gen Bus L

2023-S154F (ACTIVE) - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-S154F (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S154F

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to the manufacture
and sale of lithium-ion batteries for use in light electric-powered
vehicles, personal electric mobility devices and limited use motorcycles

 
PURPOSE:

The purpose of this bill is to prohibit the manufacturing, distribution,
assembly, reconditing, sale or offering for sale a lithium-ion battery
or second-use lithium-ion battery intended for use in a bicycle with
electric assist, limited use of a motorcycle or other micro-mobility
device unless the lithium-ion battery is certified by an accredited
testing laboratory.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Article 28-G to the general business law to:

*Defines "lithium-ion battery", "second use lithium-ion battery",
"micro-mobility device", " limited use of a motorcycle", and "accredited
testing laboratory.

*Prohibits any person or entity from manufacturing, distribution, assem-
bly, reconditing, selling or offering for sale a lithium-ion battery or
second-use lithium-ion battery intended for use in a bicycle with elec-
tric assist, limited use of a motorcycle, or other micro-mobility device
unless the lithium-ion battery is certified by an accredited testing
laboratory

*Requires that any battery certified by an accredited testing laboratory
place such certification or the logo, wordmark, or name of the accred-
ited testing laboratory on the packaging or product

*Provides for a civil penalty of $500 for the first violation; and up to
$1000 for subsequent violations made within two years of the initial
violation

*Requires DOS to promulgate rules and regulations providing for addi-
tional acceptable lithium-ion battery safety standards.

Section 2 provides the effective date.

 
JUSTIFICATION:

"Lithium-ion batteries (LIBs) have become increasingly popular over
recent years thanks to their powerful energy outputs and manageable
sizes. There are hardly any New Yorkers remaining who wouldn't be using
a LIB in their day-to-day activities. From phones to tablets to e-bikes,
LIBs have become a staple of our lives.

However, despite their efficiency, we must work to limit the dangers
associated with LIBs. Specifically, as a result of faults in the struc-
ture of LIBs and their chargers, we've begun seeing a trend of the
batteries overheating and exploding into flames. In the first forty days
of 2023 alone, we've seen three fires sparked by LIBs already. Dozens
have been injured, including more than eighteen children in Queens, and
one person who was killed in a Bronx fire that that injured ten more.
The New York Times reported that LIBs caused about 200 fires and six
deaths in 2022. The problem has been mainly caused by batteries in
e-bikes and e-scooters.

To prevent any more senseless harm, this bill would ban the manufactur-
ing, distribution, assembly, reconditing, selling or offering for sale
of any LIBs or LIB chargers in electronic micromobility devices that do
not meet industry safety standards.  These standards make the devices
much safer overall, and specifically when it comes to decreasing the
chances that the LIB starts a fire when overcharged. Uncertified LIBs
and chargers have become a serious threat to New Yorkers, with their
shoddy designs making their devices far more vulnerable to overheating
and exploding when overcharged.  Forcing these dangerous devices out of
the market and ensuring that every New Yorker has the safest LIBs and
LIB chargers possible is a commonsense step toward making our citizens
safer." (Sponsor)

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Ninety days after passage.

2023-S154F (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--F
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  CHU,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, RAMOS -- read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Consumer Protection -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered  reprinted,  retaining its place in the order of third reading
   -- recommitted to the Committee on Consumer Protection  in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the manufacture
   and  sale  of  lithium-ion batteries for use in light electric-powered
   vehicles, personal electric mobility devices and limited use  motorcy-
   cles
 
   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
 28-G to read as follows:
                                ARTICLE 28-G
        BATTERIES FOR MICROMOBILITY DEVICES, BICYCLES WITH ELECTRIC
                    ASSIST, AND LIMITED USE MOTORCYCLES
 
 SECTION 495.   DEFINITIONS.
         495-A. SALE OF LITHIUM-ION BATTERIES AND SECOND-USE  LITHIUM-ION
                  BATTERIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01104-09-4
 S. 154--F                           2
 
   § 495. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "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.
   2.  "SECOND-USE  LITHIUM-ION BATTERY" MEANS A LITHIUM-ION BATTERY THAT
 HAS BEEN ASSEMBLED, REFURBISHED, REPAIRED, REPURPOSED  OR  RECONDITIONED
 USING CELLS REMOVED FROM USED BATTERIES.
   3.  "MICROMOBILITY  DEVICE"  MEANS  AN  ELECTRIC SCOOTER AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW, AN  ELEC-
 TRICAL  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, INCLUDING BUT NOT
 LIMITED TO A SKATEBOARD OR UNICYCLE.  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  MOTORCY-
 CLES  AS DEFINED IN SECTION ONE HUNDRED  TWENTY-ONE-B OF THE VEHICLE AND
 TRAFFIC LAW, WHEELCHAIRS OR OTHER ELECTRICALLY DRIVEN  MOBILITY  ASSIST-
 ANCE  DEVICES  AS DEFINED IN SECTION ONE HUNDRED THIRTY-A OF THE VEHICLE
 AND TRAFFIC LAW, OR ANY VEHICLE THAT IS CAPABLE OF BEING REGISTERED WITH
 THE DEPARTMENT OF MOTOR VEHICLES.
   4.   "ACCREDITED TESTING LABORATORY"  MEANS  A  NATIONALLY  RECOGNIZED
 TESTING  LABORATORY AS RECOGNIZED BY THE FEDERAL OCCUPATIONAL SAFETY AND
 HEALTH ADMINISTRATION OR AN INDEPENDENT LABORATORY THAT HAS BEEN  CERTI-
 FIED BY AN ACCREDITING BODY TO ISO 17025 OR ISO 17065.
   § 495-A. SALE  OF  LITHIUM-ION  BATTERIES  AND  SECOND-USE LITHIUM-ION
 BATTERIES. 1. (A) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION,  OR  CORPO-
 RATION  SHALL  MANUFACTURE,  DISTRIBUTE,  ASSEMBLE, RECONDITION, SELL OR
 OFFER FOR SALE, LEASE, OR RENT A LITHIUM-ION  BATTERY  OR  A  SECOND-USE
 LITHIUM-ION  BATTERY  EITHER AS PART OF OR INTENDED FOR USE IN A BICYCLE
 WITH ELECTRIC ASSIST AS DEFINED IN SECTION  ONE  HUNDRED  TWO-C  OF  THE
 VEHICLE  AND  TRAFFIC  LAW  OR  FOR  USE  IN A LIMITED USE MOTORCYCLE AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE  VEHICLE AND  TRAFFIC
 LAW UNLESS THE LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS
 BEEN CERTIFIED BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH A
 BATTERY  STANDARD  REFERENCED  IN  UL 2849, UL 2271 OR EN 15194, OR SUCH
 OTHER SAFETY STANDARD APPROVED BY THE DEPARTMENT OF  STATE  PURSUANT  TO
 REGULATION.    SUCH CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF SUCH
 ACCREDITED  TESTING  LABORATORY  SHALL  BE  DISPLAYED  ON  PACKAGING  OR
 DOCUMENTATION  AT  THE  TIME OF SALE FOR THE PRODUCT AND DIRECTLY ON THE
 PRODUCT ITSELF.
   (B) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION,  OR  CORPORATION  SHALL
 MANUFACTURE,  DISTRIBUTE, ASSEMBLE, RECONDITION, SELL OR OFFER FOR SALE,
 LEASE, OR RENT A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION BATTERY
 EITHER AS PART OF OR INTENDED FOR USE IN A MICROMOBILITY  DEVICE  UNLESS
 THE  LITHIUM-ION  BATTERY  OR  SECOND-USE  LITHIUM-ION  BATTERY HAS BEEN
 CERTIFIED BY AN ACCREDITED TESTING LABORATORY  FOR  COMPLIANCE  WITH  UL
 2271  OR  UL 2272, OR SUCH OTHER SAFETY STANDARD APPROVED BY THE DEPART-
 MENT OF STATE PURSUANT TO REGULATION.  SUCH CERTIFICATION OR  THE  LOGO,
 WORDMARK,  OR  NAME  OF  SUCH  ACCREDITED  TESTING  LABORATORY  SHALL BE
 DISPLAYED ON PACKAGING OR DOCUMENTATION AT THE  TIME  OF  SALE  FOR  THE
 PRODUCT AND DIRECTLY ON THE PRODUCT ITSELF.
   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 NOT MORE THAN FIVE
 HUNDRED DOLLARS; AND
 S. 154--F                           3
 
   (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 LITHIUM-ION BATTERY OR  SECOND-USE  LITHIUM-ION
 BATTERY CONSTITUTES A SEPARATE VIOLATION.
   4. THE DISTRICT ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION COUNSEL
 SHALL  HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN THIS SECTION, AND
 ALL CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION  SHALL  BE  RETAINED  BY
 SUCH MUNICIPALITY OR COUNTY.
   5.  THE  DEPARTMENT OF STATE MAY PROMULGATE RULES AND REGULATIONS THAT
 PROVIDE FOR ANY ADDITIONAL ACCEPTABLE  SAFETY  STANDARD  RELATING  TO  A
 LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY.
   6.  NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE THE
 OPERATION OF ANY BICYCLE WITH ELECTRIC ASSIST, LIMITED  USE  MOTORCYCLE,
 OR  MICROMOBILITY  DEVICE  ON PUBLIC ROADS, PRIVATE ROADS OPEN TO PUBLIC
 MOTOR VEHICLE TRAFFIC, OR ANY PARKING LOT UNLESS THE OPERATION  OF  SUCH
 BICYCLE  WITH ELECTRIC ASSIST, LIMITED USE MOTORCYCLES, OR MICROMOBILITY
 DEVICE THEREON IS AUTHORIZED PURSUANT TO THE PROVISIONS OF  THE  VEHICLE
 AND  TRAFFIC  LAW  AND  SUCH  BICYCLE  WITH ELECTRIC ASSIST, LIMITED USE
 MOTORCYCLE, OR MICROMOBILITY DEVICE IS IN COMPLIANCE WITH SUCH LAW.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

Senate Bill S154F

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