Assembly Bill A4938

Signed By Governor
2023-2024 Legislative Session

Relates to standards for the manufacture and sale of lithium-ion batteries

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2023-A4938 - Details

Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-A4938 - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-A4938 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4938
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, RAGA -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to the manufacture
   and sale of lithium-ion batteries
 
   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-w to read as follows:
   §  391-W.  LITHIUM-ION BATTERY STANDARDS. 1. NO PERSON, FIRM, PARTNER-
 SHIP, ASSOCIATION OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE  OR  SELL
 IN THIS STATE ANY LITHIUM-ION BATTERIES AND CHARGERS WHICH DO NOT COMPLY
 WITH ONE OF THE FOLLOWING STANDARDS:
   (A) THE UNDERWRITERS LABORATORIES: UL 1642, UL 2054, AND UL 2580;
   (B)  THE  INTERNATIONAL  ELECTROTECHNICAL  COMMISSION:  IEC 62133, IEC
 60086-4, IEC 61960, AND IEC 62281;
   (C) THE AMERICAN NATIONAL STANDARDS INSTITUTE: ANSI C18; OR
   (D) THE SOCIETY OF AUTOMOTIVE & AEROSPACE ENGINEERING  SAE  J2464  AND
 SAE J2929.
   2.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
 OF FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND DOLLARS
 FOR EACH SUBSEQUENT VIOLATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08938-02-3

co-Sponsors

2023-A4938A - Details

Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-A4938A - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-A4938A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4938--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
   GLICK, SEAWRIGHT, OTIS -- read once and referred to the  Committee  on
   Consumer Affairs and Protection -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the manufacture
   and sale of lithium-ion batteries
 
   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-w to read as follows:
   § 391-W. LITHIUM-ION BATTERY STANDARDS. 1. NO PERSON,  FIRM,  PARTNER-
 SHIP,  ASSOCIATION  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE OR SELL
 IN THIS STATE ANY LITHIUM-ION BATTERIES OR CHARGERS, AS APPLICABLE, THAT
 HAVE NOT BEEN CERTIFIED BY A NATIONALLY  RECOGNIZED  TESTING  LABORATORY
 WITH  THE  FOLLOWING STANDARDS OR SPECIFICATIONS OR ANY SUCCESSOR STAND-
 ARDS OR SPECIFICATIONS, WITHIN ITS SCOPE OF RECOGNITION:
   (A) THE UNDERWRITERS LABORATORIES: UL 1642, UL 1973, UL 2054, UL 2271,
 UL 2272, UL 2580, UL 62133-2, UL 2849, AND UL 9540;
   (B) THE AMERICAN NATIONAL STANDARDS INSTITUTE: ANSI C18; OR
   (C) THE SOCIETY OF AUTOMOTIVE & AEROSPACE ENGINEERING: SAE  J2464  AND
 SAE J2929.
   2.  SUCH  CERTIFICATION  OR  THE  LOGO,  WORDMARK,  OR  NAME  OF  SUCH
 NATIONALLY RECOGNIZED TESTING LABORATORY MUST BE DISPLAYED ON  PACKAGING
 OR  DOCUMENTATION AT THE TIME OF SALE FOR THE PRODUCT OR DIRECTLY ON THE
 PRODUCT ITSELF.
   3. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL  PENALTY
 OF FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND DOLLARS
 FOR EACH SUBSEQUENT VIOLATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08938-03-3

co-Sponsors

2023-A4938B - Details

Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-A4938B - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-A4938B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4938--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
   GLICK, SEAWRIGHT, OTIS -- read once and referred to the  Committee  on
   Consumer Affairs and Protection -- committee discharged, bill amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the manufacture
   and  sale  of  lithium-ion batteries for use in light electric-powered
   vehicles or personal electric mobility 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-w to read as follows:
   §  391-W.  LITHIUM-ION BATTERY STANDARDS. 1. NO PERSON, FIRM, PARTNER-
 SHIP, ASSOCIATION OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE  OR  SELL
 IN  THIS STATE ANY LITHIUM-ION BATTERIES OR CHARGERS FOR ANY LIGHT ELEC-
 TRIC-POWERED VEHICLE OR PERSONAL ELECTRIC  MOBILITY  DEVICE  SUCH  AS  A
 BICYCLE  OR SCOOTER POWERED MOBILITY DEVICE THAT HAVE NOT BEEN CERTIFIED
 BY A NATIONALLY RECOGNIZED TESTING LABORATORY FOR COMPLIANCE WITH UNDER-
 WRITERS LABORATORIES (UL) STANDARD 2271, UNDERWITERS  LABORATORIES  (UL)
 STANDARD  2272,  OR  IF  SUCH  BATTERY  IS PART OF A COMPLETE ELECTRICAL
 SYSTEM, UNDERWRITERS LABORATORIES (UL) STANDARD 2849.
   2.  SUCH  CERTIFICATION  OR  THE  LOGO,  WORDMARK,  OR  NAME  OF  SUCH
 NATIONALLY  RECOGNIZED TESTING LABORATORY MUST BE DISPLAYED ON PACKAGING
 OR DOCUMENTATION AT THE TIME OF SALE FOR THE PRODUCT OR DIRECTLY ON  THE
 PRODUCT ITSELF.
   3.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
 OF FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOUSAND DOLLARS
 FOR EACH SUBSEQUENT VIOLATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08938-04-3

co-Sponsors

2023-A4938C - Details

Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-A4938C - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-A4938C - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4938--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
   GLICK, SEAWRIGHT, OTIS, FAHY -- read once and referred to the  Commit-
   tee  on  Consumer Affairs and Protection -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Consumer Affairs and Protection in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the manufacture
   and  sale  of  lithium-ion batteries for use in light electric-powered
   vehicles or personal electric mobility 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 article
 28-G to read as follows:
                                ARTICLE 28-G
        BATTERIES FOR MICROMOBILITY DEVICES, BICYCLES WITH ELECTRIC
                            ASSIST, AND MOPEDS
 
 SECTION 495. DEFINITIONS.
         495-A. SALE  OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
                    BATTERIES.
   § 495. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "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.
   2. "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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08938-08-4

co-Sponsors

2023-A4938D (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-A4938D (ACTIVE) - Summary

Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

2023-A4938D (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4938--D
                                                             R. R. 18
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
   GLICK, SEAWRIGHT, OTIS, FAHY, LEE, WEPRIN,  PRETLOW,  FALL,  L. ROSEN-
   THAL,  LUPARDO, PHEFFER AMATO, ARDILA -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- again  reported  from  said  committee  with  amendments,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Consumer  Affairs  and  Protection  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee -- reported and referred to the Committee on Codes -- reported and
   referred  to  the  Committee  on  Rules -- ordered to a third reading,
   passed by Assembly and delivered to  the  Senate,  recalled  from  the
   Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
   its place on the special order of third reading
 
 AN ACT to amend the general business law, in relation to the manufacture
   and sale of lithium-ion batteries for use  in  light  electric-powered
   vehicles,  personal electric mobility devices and limited use motorcy-
   cles
 
   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 article
 28-G to read as follows:
                                ARTICLE 28-G
        BATTERIES FOR MICROMOBILITY DEVICES, BICYCLES WITH ELECTRIC
                    ASSIST, AND LIMITED USE MOTORCYCLES
 
 SECTION 495.   DEFINITIONS.
         495-A. SALE  OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
                  BATTERIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08938-09-4

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