Requires limited use motorcycles to have a red tag attached to the charging cord, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    751
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend a chapter of the laws of 2024 amending the general busi-
   ness  law  relating  to  requiring  charging  cords  for micromobility
   devices, mopeds, and bicycles with electric assist to have a  red  tag
   attached,  as  proposed  in legislative bills numbers S. 7760-A and A.
   8102-A, in relation to charging cords on limited use motorcycles
 
   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 requiring charging cords for micromobility devices, mopeds, and bicy-
 cles  with  electric  assist  to have a red tag attached, as proposed in
 legislative bills numbers S. 7760-A and A. 8102-A, is renumbered section
 495-b and amended to read as follows:
   § 495-b. Tags on charging cords  of  micromobility  devices,  [mopeds]
 LIMITED  USE  MOTORCYCLES,  and  bicycles  with electric assist.   1. No
 person, firm, partnership, association, or  corporation  shall  manufac-
 ture,  distribute,  assemble,  recondition,  sell  or  offer for sale at
 retail any micromobility device,  [moped]  LIMITED  USE  MOTORCYCLES  AS
 DEFINED  IN  SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHICLE AND TRAFFIC
 LAW, or bicycle with electric assist as defined in section  one  hundred
 two-c  of  the vehicle and traffic law unless there is a red tag affixed
 to the charging cord of such micromobility device, [moped]  LIMITED  USE
 MOTORCYCLES  AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHI-
 CLE AND TRAFFIC LAW, or bicycle with electric assist which  clearly  and
 conspicuously  states  "UNPLUG WHEN NOT IN USE".  Such tag shall include
 additional consumer safety information regarding safe usage of the prod-
 uct and its charging equipment and shall be affixed to the cord near the
 end which is plugged into the electricity source.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02661-01-5
 A. 751                              2
 
   2. The department of state  shall  promulgate  rules  and  regulations
 providing  guidance on the consumer safety information required to be on
 the tag pursuant to subdivision one of this section.
   3.  The  department  of  state  shall  post a model tag containing the
 information outlined in subdivision one of this  section  that  persons,
 firms,  partnerships,  associations,  and corporations can affix to such
 charging cords as outlined in subdivision one of this section.
   [4. 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)  "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
 vehicle and traffic law, or any vehicle that is capable of being  regis-
 tered with the department of motor vehicles.
   (c)  "Moped"  means a limited use motorcycle as defined in section one
 hundred twenty-one-b of the vehicle and traffic law.]
   § 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  charging  cords  for  micromobility  devices,
 mopeds, and bicycles with electric assist to have a red tag attached, as
 proposed  in  legislative  bills  numbers S. 7760-A and A. 8102-A, takes
 effect.