NY State Senate Bill 2023-S157

Current Bill Status - In Senate Committee Consumer Protection 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection returned to senate died in assembly
Jun 01, 2023	referred to consumer affairs and protection delivered to assembly passed senate
May 01, 2023	advanced to third reading
Apr 26, 2023	2nd report cal.
Apr 25, 2023	1st report cal.657
Jan 04, 2023	referred to consumer protection

Votes

- Jun 1, 2023 - Floor Vote
  S157
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2023
      
      aye (58)
      
      Addabbo Jr.
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      excused (5)
      
      Ashby
      
      Cooney
      
      Felder
      
      Martins
      
      Weik
  Apr 25, 2023 - Consumer Protection Committee Vote
  S157
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Apr 25, 2023
      
      aye (5)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      Thomas
      
      Weber
      
      aye wr (2)
      
      Kavanagh
      
      Myrie

co-Sponsors

View additional co-sponsors

2023-S157 (ACTIVE) - Details

See Assembly Version of this Bill:: A5310
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 39-H §§899-ggg & 899-hhh, Gen Bus L

2023-S157 (ACTIVE) - Summary

Prohibits the sale of second-use lithium-ion batteries intended for use in a bicycle with electric assist, an electric scooter or a limited use motorcycle; provides penalties for violations.

2023-S157 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S157

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of second-use lithium-ion batteries

 
SUMMARY OF SPECIFIC PROVISIONS:

A new article of the General Business Law is created to prohibit the
distribution, assembly, or sale of second-use lithium-ion batteries for
e-bikes and e-scooters that have been assembled or reconditioned using
cells removed from used batteries. A person who violated the law would
be subject to a civil penalty. The civil penalty would range from $200
for a first violation to $1,000 for each subsequent violation within two
years.

 
JUSTIFICATION:

Lithium-Ion battery fires can be extremely dangerous because they are
self-sustaining and are difficult to contain and extinguish. The

construction of these batteries contain a pressurized electrolyte fluid
that makes them very dangerous in a range of circumstances.  Circum-
stances that may compromise the battery's integrity and cause the
battery to explode or ignite include but are not limited to: (i) impact
damage to the battery; (ii) a manufacturing flaw; (iii) aging and dete-
rioration of the battery components; (iv) extreme temperatures; and (v)
overcharging. Additionally, overcharging lithium-ion may produce an
exothermic decomposition of the battery cell, which leads to potential
rupturing and creating a highly dangerous thermal explosion called ther-
mal runaway.

Over the past year the City has experienced a rapid increase in lithi-
um-ion battery related fires, largely associated with E-Bikes.  It has
been reported that four times a week on average, an E-Bike or E-Scooter
battery causes a fire in the City. As of October 30, 2022, the FDNY
investigated 174 battery related fires, which puts the City on track to
double the total number of battery related fires of 104 from 2021 and
quadruple the number of fires of 44 from 2020. These fires cause signif-
icant property damage and loss and have resulted in the deaths of multi-
ple city residents.

The FDNY has found that some of these battery fires have resulted from
second-use lithium-ion batteries that contained used batteries reassem-
bled for use as an e-bike battery. These batteries were not intended to
be used for this purpose and it is likely that this was a factor in the
battery combusting. This bill increases safety to NY residents by
banning the sale of second-use batteries, or reassembled batteries that
are constituted from previously used batteries.

 
PRIOR LEGISLATIVE HISTORY:

2022: S.9596 - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninety days after it shall have become law

2023-S157 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    157
 
                        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 prohibiting the
   sale of second-use 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 article
 39-H to read as follows:
                               ARTICLE 39-H
                     SECOND-USE LITHIUM-ION BATTERIES
 SECTION 899-GGG. DEFINITIONS.
         899-HHH. SALE OF SECOND-USE LITHIUM-ION BATTERIES.
   §  899-GGG.  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
 GRAPHITE OR NICKEL METAL-OXIDE  SUBSTRATE  PLACED  IN  A  HIGH-VISCOSITY
 CARBONATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
   2.  "SECOND-USE  LITHIUM-ION BATTERY" MEANS A LITHIUM-ION BATTERY THAT
 HAS BEEN ASSEMBLED  OR  RECONDITIONED  USING  CELLS  REMOVED  FROM  USED
 BATTERIES.
   §  899-HHH.  SALE  OF  SECOND-USE  LITHIUM-ION BATTERIES. 1. NO PERSON
 SHALL DISTRIBUTE, ASSEMBLE,  RECONDITION,  SELL  OR  OFFER  FOR  SALE  A
 SECOND-USE  LITHIUM-ION BATTERY INTENDED FOR USE IN A BICYCLE WITH ELEC-
 TRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE  VEHICLE  AND
 TRAFFIC LAW, AN ELECTRIC SCOOTER AS DEFINED IN SECTION ONE HUNDRED FOUR-
 TEEN-E  OF  THE  VEHICLE AND TRAFFIC LAW, OR A LIMITED USE MOTORCYCLE AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHICLE  AND  TRAFFIC
 LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01103-01-3

 S. 157                              2
 
   2. A PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION IS LIABLE FOR
 A CIVIL PENALTY AS FOLLOWS:
   (A)  FOR  THE FIRST VIOLATION, A CIVIL PENALTY OF TWO HUNDRED DOLLARS;
 AND
   (B) FOR EACH SUBSEQUENT VIOLATION ISSUED FOR THE SAME  OFFENSE  WITHIN
 TWO  YEARS OF THE DATE OF A FIRST VIOLATION, A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS.
   3. EACH FAILURE TO COMPLY WITH SUBDIVISION ONE OF  THIS  SECTION  WITH
 RESPECT  TO  EACH  SEPARATE SECOND-USE LITHIUM-ION BATTERY CONSTITUTES A
 SEPARATE VIOLATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S157

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Jun 1, 2023 - Floor Vote

Floor Vote: Jun 1, 2023

Apr 25, 2023 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Apr 25, 2023

co-Sponsors

2023-S157 (ACTIVE) - Details

2023-S157 (ACTIVE) - Summary

2023-S157 (ACTIVE) - Sponsor Memo

2023-S157 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S157

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2023-S157 (ACTIVE) - Details

2023-S157 (ACTIVE) - Summary

2023-S157 (ACTIVE) - Sponsor Memo

2023-S157 (ACTIVE) - Bill Text download pdf

Comments