Relates to lithium-ion battery safety resources for limited use motorcycles, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    440
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. DE LOS SANTOS -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to   the  develop-
   ment  of  safety  resources, information and protocols for lithium-ion
   batteries

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 399-nnn of the general business law, as added by a
 chapter of the laws of 2024 amending the general business  law  relating
 to  lithium-ion  battery  safety  resources,  as proposed in legislative
 bills numbers S. 8743 and A.  9338,  is  renumbered  section  495-c  and
 amended to read as follows:
   §  495-c.  Lithium-ion battery safety resources.  [1. For the purposes
 of this section, the following terms shall have the following meanings:
   (a) "Lithium-ion battery" means a storage battery in  which  an  elec-
 trical  current is generated by lithium ions embedded in a carbon carbo-
 nate mixture or gelled polymer electrolyte.
   (b) "Second-use lithium-ion battery" means a lithium-ion battery  that
 has  been  assembled, refurbished, repaired, repurposed or reconditioned
 using cells removed from used batteries.
   (c) "Micromobility device" means an electric  scooter  as  defined  in
 section  one hundred fourteen-e of the vehicle and traffic law, an elec-
 trical 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. The term "micromobility device" shall not include  bicy-
 cles with electric assist as defined in section one hundred two-c of the
 vehicle and traffic law, wheelchairs or other electrically driven mobil-
 ity assistance devices as defined in section one hundred thirty-a of the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02665-01-5
 A. 440                              2

 vehicle  and traffic law, or any vehicle that is capable of being regis-
 tered with the department of motor vehicles.
   (d)  "Moped"  means a limited use motorcycle as defined in section one
 hundred twenty-one-b of the vehicle and traffic law.
   2.] The department of state, in  consultation  with  the  division  of
 homeland  security  and emergency services and the New York state energy
 research and development authority, shall develop  and  maintain  safety
 resources,   information,   and  protocols  in  regard  to  fire  hazard
 prevention relating to,  but  not  limited  to,  lithium-ion  batteries,
 second-use  lithium-ion  batteries,  bicycles  with  electric  assist as
 defined in section one hundred two-c of the  vehicle  and  traffic  law,
 [mopeds] LIMITED USE MOTORCYCLES AS DEFINED IN SECTION ONE HUNDRED TWEN-
 TY-ONE-B  OF THE VEHICLE AND TRAFFIC LAW, and micromobility devices. The
 department of state shall post such safety  resources,  information  and
 protocols  on  their  website.  Such  safety  resources, information and
 protocols shall be designed to educate the public on how to  respond  to
 and  deal with emergency circumstances in regard to incidents associated
 with, but not limited to, the use and charging of lithium-ion batteries,
 second-use lithium-ion  batteries,  bicycles  with  electric  assist  as
 defined  in  section  one  hundred two-c of the vehicle and traffic law,
 [mopeds] LIMITED USE MOTORCYCLES AS DEFINED IN SECTION ONE HUNDRED TWEN-
 TY-ONE-B OF THE VEHICLE AND TRAFFIC LAW, and micromobility devices. Such
 safety resources, information and protocols shall include,  but  not  be
 limited  to,  charging  tips,  how  to dispose of lithium-ion batteries,
 handling and preventing lithium-ion battery fires.
   § 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 lithium-ion battery safety  resources,  as  proposed  in
 legislative bills numbers S. 8743 and A. 9338, takes effect.