NY State Senate Bill 2023-S7746A

Senate Bill S7746A

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

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2024	referred to codes returned to assembly repassed senate
May 28, 2024	amended on third reading 7746b
May 28, 2024	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 21, 2024	referred to codes delivered to assembly passed senate
May 16, 2024	advanced to third reading
May 15, 2024	2nd report cal.
May 14, 2024	1st report cal.1079
May 07, 2024	print number 7746a
May 07, 2024	amend (t) and recommit to consumer protection
Jan 03, 2024	referred to consumer protection
Nov 13, 2023	referred to rules

Votes

- Jun 3, 2024 - Floor Vote
  S7746A
  
  54
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (54)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      nay (6)
      
      Borrello
      
      Helming
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Weik
      
      excused (2)
      
      Brouk
      
      Walczyk
  May 21, 2024 - Floor Vote
  S7746A
  
  54
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 21, 2024
      
      aye (54)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      nay (7)
      
      Borrello
      
      Helming
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Weik
      
      excused (1)
      
      Walczyk
      
      The following Member(s) participated via videoconferencing: Mattera
  May 14, 2024 - Consumer Protection Committee Vote
  S7746A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 14, 2024
      
      aye (6)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      Kavanagh
      
      Myrie
      
      Thomas
      
      aye wr (1)
      
      Weber

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-S7746 - Details

Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §391-cc, Gen Bus L

2023-S7746 - 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-S7746 - Sponsor Memo

                                 
BILL NUMBER: S7746

SPONSOR: CHU
 
TITLE OF BILL:

An act to amend the general business law, in relation to retail or
repair premises of bicycles and/or scooters with electric assist, elec-
tric-powered or lithium-ion electric batteries

 
PURPOSE:

The purpose of this legislation is to address the growing problem of
electric bike-related fire incidents by requiring businesses to have
on-hand protection measures in place.

 
SUMMARY OF PROVISIONS:

Section 1 provides the definition of "dealer," as used in the act.
Additionally, this section adds any dealer that sells bicycles with
electric assist or lithium-ion batteries, or any storage facility that
houses these bicycles must have functional fire protection and
suppression measures including extinguishers, battery cases, and auto-

matic detection equipment. In this act, the secretary of state shall
designate the necessary rules and regulations to implement these
provisions, in accordance with the appropriate New York State agency.

Section 2 provides the effective date.

 
JUSTIFICATION:

While the increased use of electric bicycles and scooters (e-bikes) have
been associated with a decrease in overall traffic congestion and green-
house gas emissions, e-bike fires have seen an increase as more New
Yorkers choose this method of transportation. E-bike related fires have
been proven to be violent, fast-moving, and tough to extinguish, and
according to the Fire Department of New York there have been 114 inves-
tigations into lithium-ion battery fires, with 74 injuries and 13 deaths
in 2023.

The purpose of this legislation is to address this issue in retail
settings, to prevent further damage, injuries, and deaths associated
with e-bike fires. By having designated protection and suppression meth-
ods, businesses, their employees, and storage facilities can be prepared
in the event that a fire does break out and can take the necessary steps
to prevent harm or damage.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

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

2023-S7746 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7746
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by  Sen.  CHU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 7746                             2

 
   3.  THE  SECRETARY  OF  STATE  SHALL PROMULGATE RULES, REGULATIONS AND
 STANDARDS DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF  THIS  SECTION
 ON OR BEFORE ITS EFFECTIVE DATE AND, IN CONJUNCTION WITH THE APPROPRIATE
 AGENCY,  WHETHER  THE  NEW YORK STATE DIVISION OF BUILDING STANDARDS AND
 CODES,  NEW  YORK  CITY  DEPARTMENT  OF  BUILDINGS OR NEW YORK CITY FIRE
 DEPARTMENT, SHALL ESTABLISH STANDARDS FOR  THE  INSTALLATION,  OPERATION
 AND  INSPECTION  OF  FIRE  PROTECTION  SYSTEMS INSTALLED PURSUANT TO THE
 PROVISIONS OF THIS SECTION.
   4. WILLFUL FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
 SUBJECT A DEALER TO A PENALTY OF UP TO TWENTY-FIVE DOLLARS FOR EACH  DAY
 SUCH FAILURE OCCURS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2023-S7746A - Details

Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §391-cc, Gen Bus L

2023-S7746A - Summary

2023-S7746A - Sponsor Memo

                                 
BILL NUMBER: S7746A

SPONSOR: CHU
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to address the growing problem of
electric bike-related fire incidents by requiring businesses to have
on-hand protection measures in place.

 
SUMMARY OF PROVISIONS:

Section 1 provides the definition of "dealer," "lithium-ion battery,"
and "micromobility device" as used in the act. Additionally, this
section adds any firm, individual, partnership, association, or corpo-
ration that sells bicycles with electric assist or lithium-ion
batteries, or any storage facility that houses these bicycles must have

functional fire protection and suppression measures including extin-
guishers, battery cases, and auto- matic detection equipment. In this
act, the secretary of state shall designate the necessary rules and
regulations to implement these provisions, in accordance with the appro-
priate New York State agency.

Section 2 provides the effective date.

 
JUSTIFICATION:

While the increased use of electric bicycles and scooters (e-bikes) have
been associated with a decrease in overall traffic congestion and green-
house gas emissions, e-bike fires have seen an increase as more New
Yorkers choose this method of transportation. E-bike related fires have
been proven to be violent, fast-moving, and tough to extinguish, and
according to the Fire Department of New York there have been 114 inves-
tigations into lithium-ion battery fires, with 74 injuries and 13 deaths
in 2023.

The purpose of this legislation is to address this issue in retail
settings, to prevent further damage, injuries, and deaths associated
with e-bike fires. By having designated protection and suppression meth-
ods, businesses, their employees, and storage facilities can be prepared
in the event that a fire does break out and can take the necessary steps
to prevent harm or damage.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

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

2023-S7746A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7746--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by Sens. CHU, ADDABBO, GOUNARDES, KRUEGER, RAMOS, SKOUFIS --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Rules  -- 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 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-
 CLE  AND  TRAFFIC LAW, WHEELCHAIRS OR OTHER ELECTRICALLY DRIVEN MOBILITY
 ASSISTANCE DEVICES AS DEFINED IN SECTION ONE  HUNDRED  THIRTY-A  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13356-05-4
 S. 7746--A                          2

 
 VEHICLE  AND TRAFFIC LAW, OR ANY VEHICLE THAT IS CAPABLE OF BEING REGIS-
 TERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
   2.  ANY  INDIVIDUAL,  FIRM,  PARTNERSHIP, ASSOCIATION, OR CORPORATION,
 WHICH OPERATES A PREMISES WHERE BICYCLES WITH ELECTRIC ASSIST AS DEFINED
 IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW, MICROMOBIL-
 ITY DEVICES, LIMITED USE MOTORCYCLES AS DEFINED IN SECTION  ONE  HUNDRED
 TWENTY-ONE-B  OF  THE  VEHICLE AND TRAFFIC LAW, OR LITHIUM-ION BATTERIES
 ARE SOLD AT RETAIL, REPAIRED, OR HOUSED  IN  A  STORAGE  FACILITY  SHALL
 MAINTAIN  ON  SUCH  PREMISES  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  SUBDIVISION  OR  FURTHER  REQUIRE  ADDITIONAL  FIRE
 PROTECTION AND SUPPRESSION MEASURES.
   3.  ANY  LITHIUM-ION BATTERIES ON THE PREMISES 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.
   4.  THE  DEPARTMENT  OF  STATE SHALL PROMULGATE RULES, REGULATIONS AND
 STANDARDS DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF  THIS  SECTION
 ON  OR  BEFORE  ITS  EFFECTIVE DATE AND, IN CONJUNCTION WITH APPROPRIATE
 AGENCIES, SHALL ESTABLISH STANDARDS FOR THE INSTALLATION, OPERATION  AND
 INSPECTION   OF  FIRE  PROTECTION  SYSTEMS  INSTALLED  PURSUANT  TO  THE
 PROVISIONS OF THIS SECTION.
   5. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
 NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2023-S7746B (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §391-cc, Gen Bus L

2023-S7746B (ACTIVE) - Summary

2023-S7746B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7746B

SPONSOR: CHU
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to address the growing problem of
electric bike-related fire incidents by requiring businesses to have
on-hand protection measures in place.

 
SUMMARY OF PROVISIONS:

Section 1 provides the definition of "battery case," "lithium-ion
battery," and "micromobility device" as used in the act.  Additionally,
this section adds any firm, individual, partnership, association, or
corporation that sells bicycles with electric assist or lithium-ion
batteries, or any storage facility that houses these bicycles must have

functional fire protection and suppression measures including extin-
guishers, battery cases, and automatic detection equipment. Lithium-ion
batteries enclosed within an e-bike that is not removeable without
disassembly are exempt.

In this act, the secretary of state shall designate the necessary rules
and regulations to implement these provisions, in accordance with the
appropriate New York State agency.

Section 2 provides the effective date.

 
JUSTIFICATION:

While the increased use of electric bicycles and scooters (e-bikes) have
been associated with a decrease in overall traffic congestion and green-
house gas emissions, e-bike fires have seen an increase as more New
Yorkers choose this method of transportation. E-bike related fires have
been proven to be violent, fast-moving, and tough to extinguish, and
according to the Fire Department of New York there have been 114 inves-
tigations into lithium-ion battery fires, with 74 injuries and 13 deaths
in 2023.

The purpose of this legislation is to address this issue in retail
settings, to prevent further damage, injuries, and deaths associated
with e-bike fires. By having designated protection and suppression meth-
ods, businesses, their employees, and storage facilities can be prepared
if a fire does break out and can take the necessary steps to prevent
harm or damage.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2023-S7746B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7746--B
     Cal. No. 1079
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by Sens. CHU, ADDABBO, GOUNARDES, KRUEGER, RAMOS, SEPULVEDA,
   SKOUFIS, WEBB -- read twice and ordered printed, and when  printed  to
   be committed to the Committee on Rules -- 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 -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to 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 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
   (C) "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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13356-07-4
 S. 7746--B                          2
 
 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-
 CLE AND TRAFFIC LAW, WHEELCHAIRS OR OTHER ELECTRICALLY  DRIVEN  MOBILITY
 ASSISTANCE  DEVICES  AS  DEFINED  IN SECTION ONE HUNDRED THIRTY-A OF THE
 VEHICLE AND TRAFFIC LAW, OR ANY VEHICLE THAT IS CAPABLE OF BEING  REGIS-
 TERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
   2.  ANY  INDIVIDUAL,  FIRM,  PARTNERSHIP, ASSOCIATION, OR CORPORATION,
 WHICH OPERATES A PREMISES WHERE BICYCLES WITH ELECTRIC ASSIST AS DEFINED
 IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW, MICROMOBIL-
 ITY DEVICES, LIMITED USE MOTORCYCLES AS DEFINED IN SECTION  ONE  HUNDRED
 TWENTY-ONE-B  OF  THE  VEHICLE AND TRAFFIC LAW, OR LITHIUM-ION BATTERIES
 ARE SOLD AT RETAIL, REPAIRED, OR HOUSED  IN  A  STORAGE  FACILITY  SHALL
 MAINTAIN  ON  SUCH  PREMISES  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  SUBDIVISION  OR  FURTHER  REQUIRE  ADDITIONAL  FIRE
 PROTECTION AND SUPPRESSION MEASURES.
   3.    EXCEPT  FOR  LITHIUM-ION  BATTERIES THAT ARE COMPLETELY ENCLOSED
 WITHIN THE FRAME OF A BICYCLE WITH ELECTRIC ASSIST AND ARE NOT REMOVABLE
 WITHOUT DISASSEMBLY OR THAT ARE IN ORIGINAL PROTECTIVE SHIPPING CONTAIN-
 ERS THAT COMPLY WITH UN3481 OR UN3171 AND ARE SO MARKED, ANY LITHIUM-ION
 BATTERIES ON THE PREMISES 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.
   4.  THE  DEPARTMENT  OF  STATE SHALL PROMULGATE RULES, REGULATIONS AND
 STANDARDS DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF  THIS  SECTION
 ON  OR  BEFORE  ITS  EFFECTIVE DATE AND, IN CONJUNCTION WITH APPROPRIATE
 AGENCIES, SHALL ESTABLISH STANDARDS FOR BATTERY CASES AND THE  INSTALLA-
 TION,  OPERATION  AND  INSPECTION  OF  FIRE PROTECTION SYSTEMS INSTALLED
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   5. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
 NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
   §  2. This act shall take effect one year after it shall have become a
 law.

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Senate Bill S7746A

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Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-S7746 - Details

2023-S7746 - Summary

2023-S7746 - Sponsor Memo

2023-S7746 - Bill Text download pdf

co-Sponsors

2023-S7746A - Details

2023-S7746A - Summary

2023-S7746A - Sponsor Memo

2023-S7746A - Bill Text download pdf

co-Sponsors

2023-S7746B (ACTIVE) - Details

2023-S7746B (ACTIVE) - Summary

2023-S7746B (ACTIVE) - Sponsor Memo

2023-S7746B (ACTIVE) - Bill Text download pdf

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