S T A T E O F N E W Y O R K
________________________________________________________________________
3560
2025-2026 Regular Sessions
I N S E N A T E
January 28, 2025
___________
Introduced by Sens. CLEARE, PARKER, SEPULVEDA, WEBB -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance
AN ACT to amend the public authorities law, in relation to establishing
a lithium-ion battery safety program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1854 of the public authorities law is amended by
adding a new subdivision 27 to read as follows:
27. LITHIUM-ION BATTERY SAFETY PROGRAM. (A) FOR PURPOSES OF THIS
SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(I) "LITHIUM-ION BATTERY" MEANS A STORAGE BATTERY IN WHICH AN ELEC-
TRICAL CURRENT IS GENERATED BY LITHIUM IONS EMBEDDED IN A CARBON
GRAPHITE OR NICKEL METAL-OXIDE SUBSTRATE PLACED IN A HIGH-VISCOSITY
CARBONATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
(II) "POWERED MOBILITY DEVICE" MEANS A BICYCLE WITH ELECTRIC ASSIST AS
DEFINED BY SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW, AN
ELECTRIC SCOOTER AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-E OF THE
VEHICLE AND TRAFFIC LAW, A LIMITED USE MOTORCYCLE AS DEFINED BY SECTION
ONE HUNDRED TWENTY-ONE-B OF THE VEHICLE AND TRAFFIC LAW, WHICH IS
POWERED WHOLLY OR PARTIALLY BY AN ELECTRIC MOTOR, AN ELECTRIC 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.
(III) "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.
(B) NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, THE AUTHORITY, IN COLLABORATION WITH THE DEPARTMENT OF ENVIRON-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02631-01-5
S. 3560 2
MENTAL CONSERVATION AND ANY OTHER APPROPRIATE AGENCY, SHALL DEVELOP AND
ADMINISTER A PROGRAM TO PROVIDE REBATES OR NEW LITHIUM-ION BATTERIES FOR
POWERED MOBILITY DEVICES AT REDUCED COST OR NO COST TO ELIGIBLE INDIVID-
UALS.
(C) THE PROGRAM CREATED PURSUANT TO THIS SUBDIVISION SHALL INCLUDE
EITHER REBATES OR THE EXCHANGE OF NEW LITHIUM-ION BATTERIES FOR USED
LITHIUM-ION BATTERIES.
(D) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
AUTHORITY SHALL IMPLEMENT AND ADMINISTER THIS SUBDIVISION INCLUDING
PROMULGATING RULES RELATING TO THE FORMS REQUIRED TO CLAIM A REBATE OR
EXCHANGE A LITHIUM-ION BATTERY, THE REQUIRED DOCUMENTATION FOR ESTAB-
LISHING ELIGIBILITY, PROCEDURES AND GUIDELINES FOR CLAIMING A REBATE OR
EXCHANGING A LITHIUM-ION BATTERY, AND THE COLLECTION OF ECONOMIC IMPACT
DATA FROM APPLICANTS AND ANY OTHER REQUIREMENTS THE AUTHORITY DEEMS
NECESSARY.
(E) ALL NEW BATTERIES PROVIDED PURSUANT TO SUCH PROGRAM SHALL BE
CERTIFIED BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH A
BATTERY STANDARD REFERENCED IN UL 2849, UL 2271, UL 2272 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 MUST BE DISPLAYED ON PACKAGING OR DOCUMEN-
TATION AT THE TIME OF SALE FOR THE PRODUCT OR DIRECTLY ON THE PRODUCT
ITSELF.
(F) NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY
THEREAFTER, THE AUTHORITY SHALL ISSUE A REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY
DETAILING THE STATUS OF THE PROGRAM CREATED UNDER THIS SUBDIVISION. SUCH
REPORT SHALL AT A MINIMUM INCLUDE:
(I) THE AMOUNT OF FUNDING DEDICATED BY THE AUTHORITY FOR SUCH PROGRAM
IN THE PRECEDING YEAR;
(II) THE NUMBER OF REBATES AWARDED;
(III) THE NUMBER OF EXCHANGES PROVIDED;
(IV) THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES; AND
(V) ANY OTHER INFORMATION THE AUTHORITY DEEMS NECESSARY.
§ 2. This act shall take effect immediately.