Senate Bill S7576

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7576
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  the  sale,
   lease,  and  rental of powered bicycles, powered mobility devices, and
   storage batteries for such devices

   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-ee to read as follows:
   § 391-EE. SALE, LEASE, AND RENTAL OF POWERED BICYCLES, POWERED MOBILI-
 TY  DEVICES,  AND STORAGE BATTERIES FOR SUCH DEVICES. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "POWERED BICYCLE" MEANS A BICYCLE WITH ELECTRIC ASSIST AS  DEFINED
 IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW.
   (B)  "POWERED MOBILITY DEVICE" MEANS AN ELECTRIC SCOOTER AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW OR SUCCES-
 SOR PROVISION OR OTHER PERSONAL MOBILITY DEVICE POWERED BY A LITHIUM-ION
 OR OTHER STORAGE BATTERY. THE TERM DOES NOT  INCLUDE  POWERED  BICYCLES,
 WHEELCHAIRS  OR  OTHER MOBILITY DEVICES DESIGNED FOR USE BY PERSONS WITH
 DISABILITIES, OR ANY VEHICLE THAT IS CAPABLE OF  BEING  REGISTERED  WITH
 THE DEPARTMENT OF MOTOR VEHICLES.
   (C) "STOCK KEEPING UNIT" MEANS EACH GROUP OF ITEMS OFFERED FOR SALE OF
 THE SAME BRAND NAME, QUANTITY OF CONTENTS, RETAIL PRICE AND VARIETY.
   2.  (A)  NO  PERSON  SHALL  DISTRIBUTE, SELL, LEASE, RENT OR OFFER FOR
 SALE, LEASE OR RENTAL A POWERED BICYCLE UNLESS:
   (I) THE ELECTRICAL SYSTEM FOR SUCH BICYCLE HAS BEEN  CERTIFIED  BY  AN
 ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UNDERWRITERS LABORATO-
 RIES (UL) STANDARD 2849, OR SUCH OTHER SAFETY STANDARD AS THE DEPARTMENT
 HAS ESTABLISHED BY RULE IN CONSULTATION WITH THE FIRE DEPARTMENT; AND
   (II) SUCH CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF SUCH ACCRED-
 ITED  TESTING LABORATORY IS DISPLAYED: (I) ON PACKAGING OR DOCUMENTATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08169-01-5
              

 S. 7576                             2
 
 PROVIDED AT THE TIME OF SALE FOR SUCH POWERED BICYCLE; OR (II)  DIRECTLY
 ON SUCH POWERED BICYCLE OR THE BATTERY OF SUCH BICYCLE.
   (B)  NO PERSON SHALL DISTRIBUTE, SELL, LEASE, RENT, OR OFFER FOR SALE,
 LEASE, OR RENTAL, A POWERED MOBILITY DEVICE UNLESS:
   (I) THE ELECTRICAL SYSTEM FOR SUCH POWERED MOBILITY  DEVICE  HAS  BEEN
 CERTIFIED BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UNDER-
 WRITERS  LABORATORIES  (UL) STANDARD 2272, OR SUCH OTHER SAFETY STANDARD
 AS THE DEPARTMENT HAS ESTABLISHED BY RULE IN CONSULTATION WITH THE  FIRE
 DEPARTMENT; AND
   (II) SUCH CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF SUCH ACCRED-
 ITED  TESTING LABORATORY IS DISPLAYED: (1) ON PACKAGING OR DOCUMENTATION
 PROVIDED AT THE TIME OF SALE FOR SUCH POWERED MOBILITY  DEVICE;  OR  (2)
 DIRECTLY ON SUCH POWERED MOBILITY DEVICE OR THE BATTERY OF SUCH DEVICE.
   (C)  NO  PERSON SHALL DISTRIBUTE, SELL, LEASE, RENT OR OFFER FOR SALE,
 LEASE OR RENTAL A STORAGE BATTERY  FOR  A  POWERED  BICYCLE  OR  POWERED
 MOBILITY DEVICE UNLESS:
   (I)  SUCH  STORAGE BATTERY HAS BEEN CERTIFIED BY AN ACCREDITED TESTING
 LABORATORY FOR COMPLIANCE WITH UNDERWRITERS LABORATORIES  (UL)  STANDARD
 2271, OR SUCH OTHER SAFETY STANDARD AS THE DEPARTMENT HAS ESTABLISHED BY
 RULE IN CONSULTATION WITH THE FIRE DEPARTMENT; AND
   (II)  SUCH  CERTIFICATION,  OR  THE  LOGO,  WORDMARK,  OR NAME OF SUCH
 ACCREDITED TESTING LABORATORY IS DISPLAYED: (1) ON PACKAGING OR DOCUMEN-
 TATION PROVIDED AT THE TIME OF SALE FOR SUCH  STORAGE  BATTERY;  OR  (2)
 DIRECTLY ON SUCH STORAGE BATTERY.
   (D)  NO POWERED BICYCLE OR POWERED MOBILITY DEVICE, OR STORAGE BATTERY
 FOR A POWERED BICYCLE OR POWERED MOBILITY DEVICE, SHALL BE  REQUIRED  TO
 DISPLAY  THE  CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF AN ACCRED-
 ITED TESTING LABORATORY AS REQUIRED BY PARAGRAPH (A), (B) OR (C) OF THIS
 SUBDIVISION IF SUCH POWERED BICYCLE, POWERED MOBILITY DEVICE, OR STORAGE
 BATTERY: (I) IS BEING SOLD OR LEASED SECOND-HAND, OR  IS  BEING  RENTED;
 AND  (II)  DOES  NOT  INCLUDE  PACKAGING,  OR  DOES  NOT INCLUDE PRINTED
 DOCUMENTATION, AT THE TIME OF DISTRIBUTION, SALE, LEASE, RENTAL OR OFFER
 FOR SALE, LEASE OR RENTAL, AS APPLICABLE.
   (E) A PERSON WHO VIOLATES PARAGRAPH (A), (B) OR (C) OF  THIS  SUBDIVI-
 SION,  OR ANY RULE PROMULGATED THEREUNDER, IS LIABLE FOR A CIVIL PENALTY
 AS FOLLOWS:
   (I) FOR THE FIRST VIOLATION, A CIVIL PENALTY OF ZERO DOLLARS; AND
   (II) FOR EACH SUBSEQUENT VIOLATION ISSUED FOR THE SAME  OFFENSE  ON  A
 DIFFERENT DAY WITHIN TWO YEARS OF THE DATE OF A FIRST VIOLATION, A CIVIL
 PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS.
   (F)  EACH  FAILURE  TO  COMPLY  WITH PARAGRAPH (A), (B) OR (C) OF THIS
 SUBDIVISION WITH RESPECT TO ANY ONE STOCK  KEEPING  UNIT  CONSTITUTES  A
 SEPARATE VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.