Assembly Bill A8291B

2023-2024 Legislative Session

Relates to retail premises of lithium-ion batteries, bicycles with electric assist, micromobility devices, and limited use motorcycles

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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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Bill Amendments

co-Sponsors

2023-A8291 - Details

See Senate Version of this Bill:
S7746
Current Committee:
Assembly Rules 8291b
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-A8291 - Summary

Requires any dealer where lithium-ion batteries, bicycles with electric assist, micromobility devices and limited use motorcycles are sold at retail or repaired, and/or lithium-ion electric batteries are housed in a storage facility to maintain functional fire protection and suppression measures effective against lithium-ion battery and electrical fires, including but not limited to Class B extinguishers, battery cases, and automatic monitoring and detection; authorizes the department of state to promulgate necessary rules and regulations; imposes a fine of $250 for a knowing violation to comply with such provisions.

2023-A8291 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8291
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to retail or
   repair premises of bicycles  and/or  scooters  with  electric  assist,
   electric-powered or lithium-ion electric 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-cc to read as follows:
   § 391-CC. RETAIL PREMISES OF BICYCLES AND/OR  SCOOTERS  WITH  ELECTRIC
 ASSIST  AND/OR  ELECTRIC-POWERED.  1.  AS USED IN THIS SECTION: "DEALER"
 SHALL MEAN ANY PERSON OWNING OR OPERATING A PREMISE OR FACILITY  ENGAGED
 IN  THE  FREQUENT  SALE  AND/OR  REPAIR OF BICYCLES AND/OR SCOOTERS WITH
 ELECTRIC  ASSIST  AND/OR  ELECTRIC-POWERED   OR   LITHIUM-ION   ELECTRIC
 BATTERIES AND ITS COMPONENTS.
   2.  ANY  DEALER  SHALL  MAINTAIN ON THE PREMISES WHERE BICYCLES AND/OR
 SCOOTERS WITH ELECTRIC ASSIST, ELECTRIC-POWERED OR LITHIUM-ION  ELECTRIC
 BATTERIES  ARE  SOLD  AT RETAIL OR REPAIRED, AND/OR LITHIUM-ION ELECTRIC
 BATTERIES  ARE  HOUSED  IN  A  STORAGE  FACILITY  WITH  FUNCTIONAL  FIRE
 PROTECTION   AND  SUPPRESSION  MEASURES  EFFECTIVE  AGAINST  LITHIUM-ION
 BATTERY AND ELECTRICAL FIRES, INCLUDING  BUT  NOT  LIMITED  TO  CLASS  B
 EXTINGUISHERS, BATTERY CASES, AND AUTOMATIC MONITORING AND DETECTION. IN
 THE  EVENT  OF  AN ELECTRICAL FIRE, SUCH FIRE PROTECTION AND SUPPRESSION
 SYSTEM SHALL HAVE THE CAPABILITY OF AN IMMEDIATE  RESPONSE  TO  MITIGATE
 AND  CONTAIN  THE  FIRE.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO
 RESTRICT A MUNICIPALITY FROM ENFORCING THE PROVISIONS OF  THIS  SUBDIVI-
 SION OR FURTHER REQUIRE ADDITIONAL FIRE PROTECTION AND SUPPRESSION MEAS-
 URES.  MOREOVER, LITHIUM-ION BATTERIES SHALL BE REQUIRED TO BE STORED IN
 BATTERY  CASES OUTSIDE OF THE HOURS OF OPERATION OF SUCH RETAILER AND/OR
 WHILE IN AN UNMANNED FACILITY DURING STORAGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13356-03-3
 A. 8291                             2

co-Sponsors

2023-A8291A - Details

See Senate Version of this Bill:
S7746
Current Committee:
Assembly Rules 8291b
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-A8291A - Summary

Requires any dealer where lithium-ion batteries, bicycles with electric assist, micromobility devices and limited use motorcycles are sold at retail or repaired, and/or lithium-ion electric batteries are housed in a storage facility to maintain functional fire protection and suppression measures effective against lithium-ion battery and electrical fires, including but not limited to Class B extinguishers, battery cases, and automatic monitoring and detection; authorizes the department of state to promulgate necessary rules and regulations; imposes a fine of $250 for a knowing violation to comply with such provisions.

2023-A8291A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8291--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. EACHUS, GUNTHER, COLTON, JACOBSON, McDONOUGH,
   GRAY, DeSTEFANO, GONZALEZ-ROJAS, ZINERMAN, GALLAGHER,  SAYEGH,  CHANG,
   K. BROWN,  SHIMSKY, REYES, SIMONE, TAYLOR, ARDILA, BENEDETTO, EPSTEIN,
   BEEPHAN, LEMONDES, HYNDMAN, BICHOTTE HERMELYN, LEVENBERG, FAHY,  DAVI-
   LA,  ROZIC,  COOK,  STECK,  WOERNER  --  read once and referred to the
   Committee on Consumer Affairs and Protection  --  recommitted  to  the
   Committee on Consumer Affairs and Protection in accordance with Assem-
   bly  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 retail premises
   of lithium-ion batteries, bicycles with electric assist, micromobility
   devices, and limited use motorcycles
 
   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.  RETAIL  PREMISES  OF  LITHIUM-ION BATTERIES, BICYCLES WITH
 ELECTRIC ASSIST, MICROMOBILITY DEVICES, AND LIMITED USE MOTORCYCLES.  1.
 AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "LITHIUM-ION BATTERY" MEANS A RECHARGEABLE BATTERY WITH AN ORGANIC
 SOLVENT ELECTROLYTE AND POSITIVE AND NEGATIVE ELECTRODES  WHICH  UTILIZE
 AN INTERCALATION COMPOUND IN WHICH LITHIUM IS STORED.
   (B)  "MICROMOBILITY  DEVICE"  MEANS  AN ELECTRIC SCOOTER AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW, AN  ELEC-
 TRIC  PERSONAL  ASSISTIVE  MOBILITY  DEVICE  AS  DEFINED  IN SECTION ONE
 HUNDRED FOURTEEN-D OF THE VEHICLE AND TRAFFIC  LAW,  OR  OTHER  PERSONAL
 MOBILITY DEVICE POWERED BY A LITHIUM-ION BATTERY. THE TERM MICROMOBILITY
 DEVICE  SHALL  NOT  INCLUDE  BICYCLES WITH ELECTRIC ASSIST AS DEFINED IN
 SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC  LAW,  LIMITED  USE
 MOTORCYCLES  AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13356-04-4

co-Sponsors

2023-A8291B (ACTIVE) - Details

See Senate Version of this Bill:
S7746
Current Committee:
Assembly Rules 8291b
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-A8291B (ACTIVE) - Summary

Requires any dealer where lithium-ion batteries, bicycles with electric assist, micromobility devices and limited use motorcycles are sold at retail or repaired, and/or lithium-ion electric batteries are housed in a storage facility to maintain functional fire protection and suppression measures effective against lithium-ion battery and electrical fires, including but not limited to Class B extinguishers, battery cases, and automatic monitoring and detection; authorizes the department of state to promulgate necessary rules and regulations; imposes a fine of $250 for a knowing violation to comply with such provisions.

2023-A8291B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8291--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. EACHUS, GUNTHER, COLTON, JACOBSON, McDONOUGH,
   GRAY, DeSTEFANO, GONZALEZ-ROJAS, ZINERMAN, GALLAGHER,  SAYEGH,  CHANG,
   K. BROWN,  SHIMSKY, REYES, SIMONE, TAYLOR, ARDILA, BENEDETTO, EPSTEIN,
   BEEPHAN, LEMONDES, HYNDMAN, BICHOTTE HERMELYN, LEVENBERG, FAHY,  DAVI-
   LA,  ROZIC,  COOK,  STECK,  WOERNER, LEE, RAGA, L. ROSENTHAL, SIMON --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection  --  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 -- reported and referred to the Committee on Codes
   -- reported and referred to the Committee on Rules -- Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to retail premises
   of lithium-ion batteries, bicycles with electric assist, micromobility
   devices, and limited use motorcycles
 
   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. RETAIL PREMISES  OF  LITHIUM-ION  BATTERIES,  BICYCLES  WITH
 ELECTRIC  ASSIST, MICROMOBILITY DEVICES, AND LIMITED USE MOTORCYCLES. 1.
 AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "BATTERY  CASE"  MEANS  A METAL CONTAINER OR CABINET SPECIFICALLY
 DESIGNED AND INTENDED FOR THE SAFE STORAGE OF LITHIUM-ION  BATTERIES  OR
 FLAMMABLE MATERIALS;
   (B) "LITHIUM-ION BATTERY" MEANS A RECHARGEABLE BATTERY WITH AN ORGANIC
 SOLVENT  ELECTROLYTE  AND POSITIVE AND NEGATIVE ELECTRODES WHICH UTILIZE
 AN INTERCALATION COMPOUND IN WHICH LITHIUM IS STORED; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13356-06-4
 A. 8291--B                          2

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