NY State Senate Bill 2023-S6237

Senate Bill S6237

2023-2024 Legislative Session

Sets requirements for the sale, lease, and rental of powered bicycles, powered mobility devices, and storage batteries for such devices

download bill text pdf

Archive: Last 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
Apr 05, 2023	referred to consumer protection

co-Sponsors

2023-S6237 (ACTIVE) - Details

See Assembly Version of this Bill:: A5677
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-ee, Gen Bus L

2023-S6237 (ACTIVE) - Summary

Sets requirements for the sale, lease, and rental of powered bicycles, powered mobility devices, and storage batteries for such devices; provides for penalties for the violation thereof.

2023-S6237 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6237

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to the sale,
lease, and rental of powered bicycles, powered mobility devices, and
storage batteries for such devices

 
PURPOSE:

To amend the general business law to ensure sales of powered bikes,
powered mobility devices, and storage batteries for powered bikes and
powered mobility devices, have the proper certification and visual
watermark in appliance to the standards with the department in consulta-
tion with the fire department.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 391-ee to the general business law. This
section defines the terms "powered bicycle," "powered mobility device,"
and "stock keeping unit." The section states that all sales of powered

bikes, powered mobility devices, and storage batteries, must be certi-
fied by an accredited testing laboratory with the safety standards as
the department has established with the fire department, and the certif-
ication logo is displayed. Powered bikes, powered mobility devices, and
storage batteries shall not be required to display the certification
logo if they're being sold or leased second-hand, being rented, and does
not include packaging, or does not include printed documentation at the
time of the sale. Any person who violates these provisions is liable for
a civil penalty. The first violation results in a zero dollar fine, each
subsequent violation issued for the same offense within two years of the
first violation will result in a civil penalty of not more than one
thousand dollars.

Section 2 states that this act shall take effect on the one hundred
eightieth day after it shall have become law.

 
JUSTIFICATION:

Our state of New York, and more specifically New York City, where the
usage of these e-bikes are more prominent, and the housing is more
compact, which increases the risk of fire damage, have been plagued with
tragic incidents of fires caused by these e-bikes and their batteries.
These fires have taken the lives of New Yorkers, devastated families,
destroyed homes, and damaged businesses.  Tragedies like the fire on
East 129th Street in Harlem on August 3rd, where a 5-year old girl and a
36-year old woman lost their lives in a fire that was caused by a faulty
lithium battery for an e-bike, along with the girl's father being crit-
ically injured, and the death of their three dogs, is just one horror
story in a series of these avoidable disasters.

This bill will put much needed regulations on the sales of these e-bikes
and batteries, to ensure these products have been tested in compliance
with the Underwriters Laboratories, with safety standards established by
the fire department.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2023-S6237 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6237
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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,
   lease,  and  rental of powered bicycles, powered mobility devices, and
   storage batteries for such 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-ee to read as follows:
   § 391-EE. SALE, LEASE, AND RENTAL OF POWERED BICYCLES, POWERED MOBILI-
 TY  DEVICES,  AND STORAGE BATTERIES FOR SUCH DEVICES. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "POWERED BICYCLE" MEANS A BICYCLE WITH ELECTRIC ASSIST AS  DEFINED
 IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW.
   (B)  "POWERED MOBILITY DEVICE" MEANS AN ELECTRIC SCOOTER AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW OR SUCCES-
 SOR PROVISION OR OTHER PERSONAL MOBILITY DEVICE POWERED BY A LITHIUM-ION
 OR OTHER STORAGE BATTERY. THE TERM DOES NOT  INCLUDE  POWERED  BICYCLES,
 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 VEHICLES.
   (C) "STOCK KEEPING UNIT" MEANS EACH GROUP OF ITEMS OFFERED FOR SALE OF
 THE SAME BRAND NAME, QUANTITY OF CONTENTS, RETAIL PRICE AND VARIETY.
   2.  (A)  NO  PERSON  SHALL  DISTRIBUTE, SELL, LEASE, RENT OR OFFER FOR
 SALE, LEASE OR RENTAL A POWERED BICYCLE UNLESS:
   (I) THE ELECTRICAL SYSTEM FOR SUCH BICYCLE HAS BEEN  CERTIFIED  BY  AN
 ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UNDERWRITERS LABORATO-
 RIES (UL) STANDARD 2849, OR SUCH OTHER SAFETY STANDARD AS THE DEPARTMENT
 HAS ESTABLISHED BY RULE IN CONSULTATION WITH THE FIRE DEPARTMENT; AND
   (II) SUCH CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF SUCH ACCRED-
 ITED  TESTING LABORATORY IS DISPLAYED: (I) ON PACKAGING OR DOCUMENTATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10630-01-3

 S. 6237                             2
 
 PROVIDED AT THE TIME OF SALE FOR SUCH POWERED BICYCLE; OR (II)  DIRECTLY
 ON SUCH POWERED BICYCLE OR THE BATTERY OF SUCH BICYCLE.
   (B)  NO PERSON SHALL DISTRIBUTE, SELL, LEASE, RENT, OR OFFER FOR SALE,
 LEASE, OR RENTAL, A POWERED MOBILITY DEVICE UNLESS:
   (I) THE ELECTRICAL SYSTEM FOR SUCH POWERED MOBILITY  DEVICE  HAS  BEEN
 CERTIFIED BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UNDER-
 WRITERS  LABORATORIES  (UL) STANDARD 2272, OR SUCH OTHER SAFETY STANDARD
 AS THE DEPARTMENT HAS ESTABLISHED BY RULE IN CONSULTATION WITH THE  FIRE
 DEPARTMENT; AND
   (II) SUCH CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF SUCH ACCRED-
 ITED  TESTING LABORATORY IS DISPLAYED: (1) ON PACKAGING OR DOCUMENTATION
 PROVIDED AT THE TIME OF SALE FOR SUCH POWERED MOBILITY  DEVICE;  OR  (2)
 DIRECTLY ON SUCH POWERED MOBILITY DEVICE OR THE BATTERY OF SUCH DEVICE.
   (C)  NO  PERSON SHALL DISTRIBUTE, SELL, LEASE, RENT OR OFFER FOR SALE,
 LEASE OR RENTAL A STORAGE BATTERY  FOR  A  POWERED  BICYCLE  OR  POWERED
 MOBILITY DEVICE UNLESS:
   (I)  SUCH  STORAGE BATTERY HAS BEEN CERTIFIED BY AN ACCREDITED TESTING
 LABORATORY FOR COMPLIANCE WITH UNDERWRITERS LABORATORIES  (UL)  STANDARD
 2271, OR SUCH OTHER SAFETY STANDARD AS THE DEPARTMENT HAS ESTABLISHED BY
 RULE IN CONSULTATION WITH THE FIRE DEPARTMENT; AND
   (II)  SUCH  CERTIFICATION,  OR  THE  LOGO,  WORDMARK,  OR NAME OF SUCH
 ACCREDITED TESTING LABORATORY IS DISPLAYED: (1) ON PACKAGING OR DOCUMEN-
 TATION PROVIDED AT THE TIME OF SALE FOR SUCH  STORAGE  BATTERY;  OR  (2)
 DIRECTLY ON SUCH STORAGE BATTERY.
   (D)  NO POWERED BICYCLE OR POWERED MOBILITY DEVICE, OR STORAGE BATTERY
 FOR A POWERED BICYCLE OR POWERED MOBILITY DEVICE, SHALL BE  REQUIRED  TO
 DISPLAY  THE  CERTIFICATION OR THE LOGO, WORDMARK, OR NAME OF AN ACCRED-
 ITED TESTING LABORATORY AS REQUIRED BY PARAGRAPH (A), (B) OR (C) OF THIS
 SUBDIVISION IF SUCH POWERED BICYCLE, POWERED MOBILITY DEVICE, OR STORAGE
 BATTERY: (I) IS BEING SOLD OR LEASED SECOND-HAND, OR  IS  BEING  RENTED;
 AND  (II)  DOES  NOT  INCLUDE  PACKAGING,  OR  DOES  NOT INCLUDE PRINTED
 DOCUMENTATION, AT THE TIME OF DISTRIBUTION, SALE, LEASE, RENTAL OR OFFER
 FOR SALE, LEASE OR RENTAL, AS APPLICABLE.
   (E) A PERSON WHO VIOLATES PARAGRAPH (A), (B) OR (C) OF  THIS  SUBDIVI-
 SION,  OR ANY RULE PROMULGATED THEREUNDER, IS LIABLE FOR A CIVIL PENALTY
 AS FOLLOWS:
   (I) FOR THE FIRST VIOLATION, A CIVIL PENALTY OF ZERO DOLLARS; AND
   (II) FOR EACH SUBSEQUENT VIOLATION ISSUED FOR THE SAME  OFFENSE  ON  A
 DIFFERENT DAY WITHIN TWO YEARS OF THE DATE OF A FIRST VIOLATION, A CIVIL
 PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS.
   (F)  EACH  FAILURE  TO  COMPLY  WITH PARAGRAPH (A), (B) OR (C) OF THIS
 SUBDIVISION WITH RESPECT TO ANY ONE STOCK  KEEPING  UNIT  CONSTITUTES  A
 SEPARATE VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6237

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Sponsored By

Cordell Cleare