Senate Bill S154A

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 Via A4938 - 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-S154 - Details

See Assembly Version of this Bill:
A4938
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-S154 - 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-S154 - Sponsor Memo

2023-S154 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    154
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation  to  the  sale  of
   batteries for powered 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
 39-h to read as follows:
                               ARTICLE 39-H
                  BATTERIES FOR POWERED MOBILITY DEVICES
 
 SECTION 899-GGG. DEFINITIONS.
         899-HHH. SALE OF BATTERIES FOR POWERED MOBILITY DEVICES.
   § 899-GGG. DEFINITIONS. FOR PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "POWERED MOBILITY DEVICE" MEANS A LIGHT ELECTRIC-POWERED VEHICLE OR
 PERSONAL  ELECTRIC MOBILITY DEVICE SUCH AS AN ELECTRIC BICYCLE OR SCOOT-
 ER.
   2. "STOCK KEEPING UNIT" MEANS EACH GROUP OF ITEMS OFFERED FOR SALE  OF
 THE SAME BRAND NAME, QUANTITY OF CONTENTS, RETAIL PRICE AND VARIETY.
   § 899-HHH. SALE  OF  BATTERIES  FOR  POWERED  MOBILITY  DEVICES. 1. NO
 PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE A STORAGE BATTERY FOR  A
 POWERED  MOBILITY  DEVICE  UNLESS  IT  HAS  BEEN LISTED AND LABELED BY A
 NATIONALLY RECOGNIZED TESTING LABORATORY OR OTHER APPROVED  ORGANIZATION
 AND SUCH LABELING IS DISCLOSED ON THE PACKAGING FOR SUCH BATTERY.
   2.  A  PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION OR ANY RULE
 PROMULGATED THEREUNDER SHALL BE LIABLE FOR A CIVIL PENALTY AS FOLLOWS:
   (A) FOR THE FIRST VIOLATION, A CIVIL PENALTY OF ZERO DOLLARS;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01104-01-3
 S. 154                              2

co-Sponsors

2023-S154A - Details

See Assembly Version of this Bill:
A4938
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-S154A - 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-S154A - Sponsor Memo

2023-S154A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. KRUEGER, CHU, FERNANDEZ, GONZALEZ, GOUNARDES, HOYL-
   MAN-SIGAL, LIU, RAMOS -- read twice  and  ordered  printed,  and  when
   printed  to  be  committed  to the Committee on Consumer 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 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.
                                                            LBD01104-02-3

co-Sponsors

2023-S154B - Details

See Assembly Version of this Bill:
A4938
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-S154B - 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-S154B - Sponsor Memo

2023-S154B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. KRUEGER, CHU, FERNANDEZ, GONZALEZ, GOUNARDES, HOYL-
   MAN-SIGAL, LIU, RAMOS -- read twice  and  ordered  printed,  and  when
   printed  to  be  committed  to the Committee on Consumer Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- 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.

co-Sponsors

2023-S154C - Details

See Assembly Version of this Bill:
A4938
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-S154C - 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-S154C - Sponsor Memo

2023-S154C - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--C
     Cal. No. 656
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  CHU,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL, LIU, RAMOS -- read twice and ordered  print-
   ed,  and  when  printed  to  be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-S154D - Details

See Assembly Version of this Bill:
A4938
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-S154D - 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-S154D - Sponsor Memo

2023-S154D - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--D
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  CHU,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL,  JACKSON,  LIU,  RAMOS  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Consumer Protection -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  recommitted  to the Committee on Consumer Protection in accordance
   with Senate Rule 6, sec. 8  --  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 bicycles with electric
   assist or micromobility 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
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-S154E - Details

See Assembly Version of this Bill:
A4938
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-S154E - 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-S154E - Sponsor Memo

2023-S154E - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--E
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  CHU,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL,  JACKSON,  LIU,  RAMOS  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Consumer Protection -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  recommitted  to the Committee on Consumer Protection in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-S154F (ACTIVE) - Details

See Assembly Version of this Bill:
A4938
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L

2023-S154F (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-S154F (ACTIVE) - Sponsor Memo

2023-S154F (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--F
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  Sens.  KRUEGER,  CHU,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, RAMOS -- read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Consumer Protection -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered  reprinted,  retaining its place in the order of third reading
   -- recommitted to the Committee on Consumer Protection  in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- 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, 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.

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