Senate Bill S4810

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4810
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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 retail premises
   of lithium-ion batteries, bicycles with electric assist, micromobility
   devices, and limited use motorcycles

   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-ccc to read as follows:
   §  391-CCC.  RETAIL  PREMISES  OF LITHIUM-ION BATTERIES, BICYCLES WITH
 ELECTRIC ASSIST, MICROMOBILITY DEVICES, AND LIMITED USE MOTORCYCLES.  1.
 AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "BATTERY  CASE"  MEANS  A METAL CONTAINER OR CABINET SPECIFICALLY
 DESIGNED AND INTENDED FOR THE SAFE STORAGE OF LITHIUM-ION  BATTERIES  OR
 FLAMMABLE MATERIALS;
   (B) "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; AND
   (C) "MICROMOBILITY DEVICE" MEANS AN ELECTRIC  SCOOTER  AS  DEFINED  IN
 SECTION  ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW, AN ELEC-
 TRIC 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. 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
 MOTORCYCLES AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE  VEHI-
 CLE  AND  TRAFFIC LAW, WHEELCHAIRS OR OTHER ELECTRICALLY DRIVEN MOBILITY
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09596-01-5
              

 S. 4810                             2
 
   2. ANY INDIVIDUAL, FIRM,  PARTNERSHIP,  ASSOCIATION,  OR  CORPORATION,
 WHICH OPERATES A PREMISES WHERE BICYCLES WITH ELECTRIC ASSIST AS DEFINED
 IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW, MICROMOBIL-
 ITY  DEVICES,  LIMITED USE MOTORCYCLES AS DEFINED IN SECTION ONE HUNDRED
 TWENTY-ONE-B  OF  THE  VEHICLE AND TRAFFIC LAW, OR LITHIUM-ION BATTERIES
 ARE SOLD AT RETAIL, REPAIRED, OR HOUSED  IN  A  STORAGE  FACILITY  SHALL
 MAINTAIN  ON  SUCH  PREMISES  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  SUBDIVISION  OR  FURTHER  REQUIRE  ADDITIONAL  FIRE
 PROTECTION AND SUPPRESSION MEASURES.
   3.    EXCEPT  FOR  LITHIUM-ION  BATTERIES THAT ARE COMPLETELY ENCLOSED
 WITHIN THE FRAME OF A BICYCLE WITH ELECTRIC ASSIST AND ARE NOT REMOVABLE
 WITHOUT DISASSEMBLY OR THAT ARE IN ORIGINAL PROTECTIVE SHIPPING CONTAIN-
 ERS THAT COMPLY WITH UN3481 OR UN3171 AND ARE SO MARKED, ANY LITHIUM-ION
 BATTERIES ON THE PREMISES 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.
   4.  THE  DEPARTMENT  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 APPROPRIATE
 AGENCIES, SHALL ESTABLISH STANDARDS FOR BATTERY CASES AND THE  INSTALLA-
 TION,  OPERATION  AND  INSPECTION  OF  FIRE PROTECTION SYSTEMS INSTALLED
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   5. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
 NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
   §  2. This act shall take effect one year after it shall have become a
 law.