Senate Bill S7746

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-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

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

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

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-S7746A - Sponsor Memo

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

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

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-S7746B (ACTIVE) - Sponsor Memo

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.

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