Senate Bill S3560

                             
                     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.