NY State Senate Bill 2023-S7746

Senate Bill S7746

2023-2024 Legislative Session

Relates to retail or repair premises of bicycles and/or scooters with electric assist, electric-powered or lithium-ion batteries

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Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
Nov 13, 2023	referred to rules

co-Sponsors

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2023-S7746 (ACTIVE) - Details

See Assembly Version of this Bill:: A8291
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-cc, Gen Bus L

2023-S7746 (ACTIVE) - Summary

Requires any dealer where bicycles and/or scooters with electric assist, electric-powered or lithium-ion electric batteries are sold at retail or repaired, and/or lithium-ion electric batteries are housed in a storage facility to maintain 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; authorizes the secretary of state to promulgate necessary rules and regulations; imposes a fine of willful failure to comply with such provisions.

2023-S7746 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7746

SPONSOR: CHU
 
TITLE OF BILL:

An act to amend the general business law, in relation to retail or
repair premises of bicycles and/or scooters with electric assist, elec-
tric-powered or lithium-ion electric batteries

 
PURPOSE:

The purpose of this legislation is to address the growing problem of
electric bike-related fire incidents by requiring businesses to have
on-hand protection measures in place.

 
SUMMARY OF PROVISIONS:

Section 1 provides the definition of "dealer," as used in the act.
Additionally, this section adds any dealer that sells bicycles with
electric assist or lithium-ion batteries, or any storage facility that
houses these bicycles must have functional fire protection and
suppression measures including extinguishers, battery cases, and auto-

matic detection equipment. In this act, the secretary of state shall
designate the necessary rules and regulations to implement these
provisions, in accordance with the appropriate New York State agency.

Section 2 provides the effective date.

 
JUSTIFICATION:

While the increased use of electric bicycles and scooters (e-bikes) have
been associated with a decrease in overall traffic congestion and green-
house gas emissions, e-bike fires have seen an increase as more New
Yorkers choose this method of transportation. E-bike related fires have
been proven to be violent, fast-moving, and tough to extinguish, and
according to the Fire Department of New York there have been 114 inves-
tigations into lithium-ion battery fires, with 74 injuries and 13 deaths
in 2023.

The purpose of this legislation is to address this issue in retail
settings, to prevent further damage, injuries, and deaths associated
with e-bike fires. By having designated protection and suppression meth-
ods, businesses, their employees, and storage facilities can be prepared
in the event that a fire does break out and can take the necessary steps
to prevent harm or damage.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall become a law.

2023-S7746 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7746
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by  Sen.  CHU  --  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  retail  or
   repair  premises  of  bicycles  and/or  scooters with electric assist,
   electric-powered or lithium-ion electric 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-cc to read as follows:
   §  391-CC.  RETAIL  PREMISES OF BICYCLES AND/OR SCOOTERS WITH ELECTRIC
 ASSIST AND/OR ELECTRIC-POWERED. 1. AS USED  IN  THIS  SECTION:  "DEALER"
 SHALL  MEAN ANY PERSON OWNING OR OPERATING A PREMISE OR FACILITY ENGAGED
 IN THE FREQUENT SALE AND/OR REPAIR  OF  BICYCLES  AND/OR  SCOOTERS  WITH
 ELECTRIC   ASSIST   AND/OR   ELECTRIC-POWERED  OR  LITHIUM-ION  ELECTRIC
 BATTERIES AND ITS COMPONENTS.
   2. ANY DEALER SHALL MAINTAIN ON THE  PREMISES  WHERE  BICYCLES  AND/OR
 SCOOTERS  WITH ELECTRIC ASSIST, ELECTRIC-POWERED OR LITHIUM-ION ELECTRIC
 BATTERIES ARE SOLD AT RETAIL OR REPAIRED,  AND/OR  LITHIUM-ION  ELECTRIC
 BATTERIES  ARE  HOUSED  IN  A  STORAGE  FACILITY  WITH  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 SUBDIVI-
 SION OR FURTHER REQUIRE ADDITIONAL FIRE PROTECTION AND SUPPRESSION MEAS-
 URES.  MOREOVER, LITHIUM-ION BATTERIES 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13356-03-3
 S. 7746                             2

 
   3.  THE  SECRETARY  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 THE APPROPRIATE
 AGENCY,  WHETHER  THE  NEW YORK STATE DIVISION OF BUILDING STANDARDS AND
 CODES,  NEW  YORK  CITY  DEPARTMENT  OF  BUILDINGS OR NEW YORK CITY FIRE
 DEPARTMENT, SHALL ESTABLISH STANDARDS FOR  THE  INSTALLATION,  OPERATION
 AND  INSPECTION  OF  FIRE  PROTECTION  SYSTEMS INSTALLED PURSUANT TO THE
 PROVISIONS OF THIS SECTION.
   4. WILLFUL FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
 SUBJECT A DEALER TO A PENALTY OF UP TO TWENTY-FIVE DOLLARS FOR EACH  DAY
 SUCH FAILURE OCCURS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S7746

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Sponsored By

Iwen Chu

Current Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

Joseph P. Addabbo Jr.

Andrew Gounardes

Liz Krueger

Jessica Ramos

2023-S7746 (ACTIVE) - Details

2023-S7746 (ACTIVE) - Summary

2023-S7746 (ACTIVE) - Sponsor Memo

2023-S7746 (ACTIVE) - Bill Text download pdf

Comments