S T A T E O F N E W Y O R K
________________________________________________________________________
738
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. CLEARE -- 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 requiring
retailers of micromobility devices, bicycles with electric assist and
limited use motorcycles powered by lithium-ion batteries, and lithi-
um-ion batteries intended for use in such devices or bicycles to
provide customers with an operating manual
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 391-cc of the general business law, as added by a
chapter of the laws of 2024 amending the general business law relating
to requiring retailers of micromobility devices, bicycles with electric
assist and limited use motorcycles powered by lithium-ion batteries, and
lithium-ion batteries intended for use in such devices or bicycles to
provide customers with an operating manual, as proposed in legislative
bills numbers S. 7503-B and A. 1910-B, is renumbered section 495-d and
amended to read as follows:
§ 495-d. [Sale of] OPERATING MANUALS FOR micromobility devices, bicy-
cles with electric assist and limited use motorcycles powered by lithi-
um-ion batteries, and lithium-ion batteries intended for use in such
devices or bicycles. 1. [As used in this section, the following terms
shall have the following meanings:
(a) "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.
(b) "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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02667-01-5
S. 738 2
device shall not include bicycles with electric assist as defined by
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.
2.] No person, firm, partnership, association or corporation shall
MANUFACTURE, DISTRIBUTE, ASSEMBLE, RECONDITION, sell or offer for sale
[at retail], LEASE OR RENT any bicycles with electric assist as defined
in section one hundred two-c of the vehicle and traffic law powered by a
lithium-ion battery, micromobility devices powered by a lithium-ion
battery, limited use motorcycles as defined in section one hundred twen-
ty-one-b of the vehicle and traffic law powered by a lithium-ion
battery, or lithium-ion batteries intended for use in such bicycles with
electric assist, micromobility devices, or limited use motorcycles with-
out providing to the purchaser an operating manual for such [bicycle
with electric assist, micromobility device, or limited use motorcycle,
or for such lithium-ion battery intended for use in a bicycle with elec-
tric assist, micromobility device, or limited use motorcycle] DEVICE.
[3.] 2. Such operating manual referred to in subdivision [two] ONE of
this section shall be printed in English and the three most common non-
English languages spoken by limited-English proficient individuals in
the state, based on the data in the most recent American Community
Survey published by the United States Census Bureau. The manual shall
include instructions on how to store and charge the battery, when and
where to charge the battery, and what to do if the battery overheats or
leaks, there is a strange odor or noise associated with the battery or
there is a change in the shape or color of the battery, and a website
address where the electronic version of such manual is available in
English and the twelve most common non-English languages spoken by
limited-English proficient individuals in the state, based on the data
in the most recent American Community Survey published by the United
States Census Bureau.
[4.] 3. Violation of [this section by the retail entity pursuant to]
subdivisions ONE AND two [and three] of this section shall be punishable
by a fine of not more than two hundred fifty dollars for the first
offense and not more than one thousand dollars for each subsequent
offense.
[5.] 4. This section shall not annul, alter, affect, or exempt any
person, firm, partnership, corporation, or association, subject to the
provisions of this section from complying with the laws, ordinances,
rules, or regulations of any locality, relating to the affixing, label-
ing, or provision of identification, safety, informational, or other
materials.
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the general business
law relating to requiring retailers of micromobility devices, bicycles
with electric assist and limited use motorcycles powered by lithium-ion
batteries, and lithium-ion batteries intended for use in such devices or
bicycles to provide customers with an operating manual, as proposed in
legislative bills numbers S. 7503-B and A. 1910-B, takes effect.
