S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5677
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M. of A. TAPIA, ALVAREZ -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business  law  and  the  executive  law,  in
   relation  to the sale, lease, rental, and storage of e-bikes and elec-
   tric 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-cc to read as follows:
   §  391-CC.  SALE,  LEASE,  RENTAL, AND STORAGE OF E-BIKES AND ELECTRIC
 MOBILITY DEVICES. 1. FOR THE PURPOSES OF  THIS  SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "E-BIKE" SHALL MEAN A BICYCLE WITH ELECTRIC ASSIST AS SUCH TERM IS
 DEFINED BY SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW.
   (B) "ELECTRIC MOBILITY DEVICE" MEANS AN ELECTRIC SCOOTER, AS SUCH TERM
 IS  DEFINED BY SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC
 LAW, OR ANY OTHER DEVICE USED FOR PERSONAL MOBILITY THAT IS POWERED BY A
 LITHIUM-ION OR  OTHER  STORAGE  BATTERY.  THE  TERM  "ELECTRIC  MOBILITY
 DEVICE"  SHALL  NOT  INCLUDED  E-BIKES,  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 VEHI-
 CLES.
   (C) "STOCK KEEPING UNIT" MEANS EACH GROUP OF ITEMS OFFERED FOR SALE OF
 THE SAME BRAND NAME, QUANTITY OF CONTENTS, RETAIL PRICE, AND VARIETY.
   (D) "OFFICE" SHALL MEAN THE OFFICE  OF  FIRE  PREVENTION  AND  CONTROL
 ESTABLISHED PURSUANT TO ARTICLE SIX-C OF THE EXECUTIVE LAW.
   2.  NO  PERSON  SHALL DISTRIBUTE, SELL, LEASE, RENT OR OFFER FOR SALE,
 LEASE, OR RENT, AN E-BIKE UNLESS:
   (A) THE ELECTRICAL SYSTEM FOR SUCH E-BIKE HAS  BEEN  CERTIFIED  BY  AN
 ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UNDERWRITERS LABORATO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10089-01-3
 A. 5677                             2
              

 
 RIES  STANDARD  2849,  OR  SUCH  OTHER SAFETY STANDARD AS THE OFFICE HAS
 ESTABLISHED BY RULE AND/OR REGULATION; AND
   (B)  THE  CERTIFICATION  OR LOGO, WORDMARK, OR NAME OF SUCH ACCREDITED
 TESTING LABORATORY IS DISPLAYED:
   (I) ON THE PACKAGING OR DOCUMENTATION PROVIDED AT THE  TIME  OF  SALE,
 LEASE, OR RENTAL OF SUCH E-BIKE; OR
   (II) DIRECTLY ON SUCH E-BIKE OR THE BATTERY OF SUCH E-BIKE.
   3.  NO  PERSON  SHALL DISTRIBUTE, SELL, LEASE, RENT OR OFFER FOR SALE,
 LEASE, OR RENT, AN ELECTRIC MOBILITY DEVICE UNLESS:
   (A) THE ELECTRICAL SYSTEM FOR SUCH ELECTRIC MOBILITY DEVICE  HAS  BEEN
 CERTIFIED BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UNDER-
 WRITERS LABORATORIES STANDARD 2272, OR SUCH OTHER SAFETY STANDARD AS THE
 OFFICE HAS ESTABLISHED BY RULE AND/OR REGULATION; AND
   (B)  THE  CERTIFICATION  OR LOGO, WORDMARK, OR NAME OF SUCH ACCREDITED
 TESTING LABORATORY IS DISPLAYED:
   (I) ON THE PACKAGING OR DOCUMENTATION PROVIDED AT THE  TIME  OF  SALE,
 LEASE, OR RENTAL OF SUCH ELECTRIC MOBILITY DEVICE; OR
   (II)  DIRECTLY ON SUCH ELECTRIC MOBILITY DEVICE OR THE BATTERY OF SUCH
 ELECTRIC MOBILITY DEVICE.
   4. NO PERSON SHALL DISTRIBUTE, SELL, LEASE, RENT OR  OFFER  FOR  SALE,
 LEASE,  OR  RENT  A  STORAGE  BATTERY FOR AN E-BIKE OR ELECTRIC MOBILITY
 DEVICE UNLESS:
   (A) SUCH STORAGE BATTERY HAS BEEN CERTIFIED BY AN  ACCREDITED  TESTING
 LABORATORY  FOR COMPLIANCE WITH UNDERWRITERS LABORATORIES STANDARD 2271,
 OR SUCH OTHER SAFETY STANDARD AS THE  OFFICE  HAS  ESTABLISHED  BY  RULE
 AND/OR REGULATION; AND
   (B)  THE  CERTIFICATION  OR LOGO, WORDMARK, OR NAME OF SUCH ACCREDITED
 TESTING LABORATORY IS DISPLAYED:
   (I) ON THE PACKAGING OR DOCUMENTATION PROVIDED AT THE TIME OF SALE  OF
 SUCH STORAGE BATTERY; OR
   (II) DIRECTLY ON SUCH STORAGE BATTERY.
   5.  NO  E-BIKE,  ELECTRIC  MOBILITY  DEVICE, OR STORAGE BATTERY FOR AN
 E-BIKE OR ELECTRIC MOBILITY DEVICE SHALL  BE  REQUIRED  TO  DISPLAY  THE
 CERTIFICATION  OR  THE  LOGO, WORDMARK, OR NAME OF AN ACCREDITED TESTING
 LABORATORY AS REQUIRED BY  SUBDIVISIONS  TWO,  THREE  OR  FOUR  OF  THIS
 SECTION IF SUCH E-BIKE, ELECTRIC MOBILITY DEVICE, OR STORAGE BATTERY:
   (A) IS BEING SOLD OR LEASED SECOND-HAND, OR IS BEING RENTED; AND
   (B) DOES NOT INCLUDE PACKAGING, OR DOES NOT INCLUDE PRINTED DOCUMENTA-
 TION, AT THE TIME OF DISTRIBUTION, SALE, LEASE, RENT, OR OFFER FOR SALE,
 LEASE, OR RENT, AS APPLICABLE.
   6.  (A)  A  PERSON  WHO VIOLATES ANY PROVISION OF THIS SECTION, OR ANY
 RULE OR REGULATION PROMULGATED THERETO, SHALL  BE  LIABLE  FOR  A  CIVIL
 PENALTY AS FOLLOWS:
   (I) FOR A FIRST VIOLATION, A CIVIL PENALTY OF ZERO DOLLARS; AND
   (II)  FOR  ANY  SUBSEQUENT  VIOLATION ISSUED FOR THE SAME OFFENSE ON A
 DIFFERENT DAY WITHIN TWO YEARS OF A FIRST VIOLATION, A CIVIL PENALTY  OF
 NOT MORE THAN ONE THOUSAND DOLLARS.
   (B)  EACH  FAILURE  TO  COMPLY  WITH  A PROVISION OF THIS SECTION WITH
 RESPECT TO ANY ONE  STOCK  KEEPING  UNIT  SHALL  CONSTITUTE  A  SEPARATE
 VIOLATION.
   §  2.  Section  156  of  the  executive law is amended by adding a new
 subdivision 23 to read as follows:
   23. ESTABLISH ANY RULES AND REGULATIONS THE STATE  FIRE  ADMINISTRATOR
 SHALL  DEEM  NECESSARY  TO REGULATE THE SAFE SALE, LEASE, RENTAL, AND/OR
 STORAGE OF E-BIKES AND  ELECTRIC  MOBILITY  DEVICES  AND  THE  BATTERIES
 THEREFOR,  AND  TO  EFFECTUATE  THE  PROVISIONS OF SECTION THREE HUNDRED
 A. 5677                             3
 
 NINETY-ONE-CC OF THE GENERAL BUSINESS LAW.  FOR  THE  PURPOSES  OF  THIS
 SUBDIVISION,  THE  TERMS  "E-BIKE"  AND "ELECTRIC MOBILITY DEVICE" SHALL
 HAVE THE SAME MEANING AS DEFINED BY SECTION THREE HUNDRED  NINETY-ONE-CC
 OF THE GENERAL BUSINESS LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.