S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7760--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 17, 2023
                                ___________
 
 Introduced  by Sens. CHU, ADDABBO, FERNANDEZ, GOUNARDES, SKOUFIS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Rules  --  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 requiring
   charging cords for micromobility devices, mopeds,  and  bicycles  with
   electric assist to have a red tag attached
 
   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
 399-nnn to read as follows:
   § 399-NNN. TAGS ON CHARGING CORDS OF  MICROMOBILITY  DEVICES,  MOPEDS,
 AND  BICYCLES  WITH  ELECTRIC ASSIST.   1. NO PERSON, FIRM, PARTNERSHIP,
 ASSOCIATION, OR CORPORATION  SHALL  MANUFACTURE,  DISTRIBUTE,  ASSEMBLE,
 RECONDITION,  SELL OR OFFER FOR SALE AT RETAIL ANY MICROMOBILITY DEVICE,
 MOPED, OR BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED
 TWO-C OF THE VEHICLE AND TRAFFIC LAW UNLESS THERE IS A RED  TAG  AFFIXED
 TO  THE  CHARGING  CORD  OF SUCH MICROMOBILITY DEVICE, MOPED, OR BICYCLE
 WITH ELECTRIC ASSIST WHICH CLEARLY AND CONSPICUOUSLY STATES "UNPLUG WHEN
 NOT IN USE".  SUCH TAG SHALL INCLUDE ADDITIONAL CONSUMER SAFETY INFORMA-
 TION REGARDING SAFE USAGE OF THE PRODUCT AND ITS CHARGING EQUIPMENT  AND
 SHALL  BE  AFFIXED  TO  THE  CORD NEAR THE END WHICH IS PLUGGED INTO THE
 ELECTRICITY SOURCE.
   2. THE DEPARTMENT OF STATE  SHALL  PROMULGATE  RULES  AND  REGULATIONS
 PROVIDING  GUIDANCE ON THE CONSUMER SAFETY INFORMATION REQUIRED TO BE ON
 THE TAG PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   3. THE DEPARTMENT OF STATE SHALL  POST  A  MODEL  TAG  CONTAINING  THE
 INFORMATION  OUTLINED  IN  SUBDIVISION ONE OF THIS SECTION THAT PERSONS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13238-05-4
 S. 7760--A                          2
              

 
 FIRMS, PARTNERSHIPS, ASSOCIATIONS, AND CORPORATIONS CAN  AFFIX  TO  SUCH
 CHARGING CORDS AS OUTLINED IN SUBDIVISION ONE OF THIS SECTION.
   4.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "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.
   (B) "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.
   (C) "MOPED" MEANS A LIMITED USE MOTORCYCLE AS DEFINED IN  SECTION  ONE
 HUNDRED TWENTY-ONE-B OF THE VEHICLE AND TRAFFIC LAW.
   § 2. This act shall take effect immediately.