S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    923
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   retailers of micromobility devices, bicycles with electric assist  and
   limited  use  motorcycles powered by lithium-ion batteries, and lithi-
   um-ion batteries intended for use  in  such  devices  or  bicycles  to
   provide customers with an operating manual
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 391-cc of the general business law, as added  by  a
 chapter  of  the laws of 2024 amending the general business law relating
 to requiring retailers of micromobility devices, bicycles with  electric
 assist and limited use motorcycles powered by lithium-ion batteries, and
 lithium-ion  batteries  intended  for use in such devices or bicycles to
 provide customers with an operating manual, as proposed  in  legislative
 bills  numbers  S. 7503-B and A. 1910-B, is renumbered section 495-d and
 amended to read as follows:
   § 495-d. [Sale of] OPERATING MANUALS FOR micromobility devices,  bicy-
 cles  with electric assist and limited use motorcycles powered by lithi-
 um-ion batteries, and lithium-ion batteries intended  for  use  in  such
 devices  or bicycles.   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

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

                                                            LBD02667-01-5
 A. 923                              2

 device  shall  not  include  bicycles with electric assist as defined by
 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.] No person, firm, partnership,  association  or  corporation  shall
 MANUFACTURE,  DISTRIBUTE,  ASSEMBLE, RECONDITION, sell or offer for sale
 [at retail], LEASE OR RENT any bicycles with electric assist as  defined
 in section one hundred two-c of the vehicle and traffic law powered by a
 lithium-ion  battery,  micromobility  devices  powered  by a lithium-ion
 battery, limited use motorcycles as defined in section one hundred twen-
 ty-one-b of the  vehicle  and  traffic  law  powered  by  a  lithium-ion
 battery, or lithium-ion batteries intended for use in such bicycles with
 electric assist, micromobility devices, or limited use motorcycles with-
 out  providing  to  the  purchaser an operating manual for such [bicycle
 with electric assist, micromobility device, or limited  use  motorcycle,
 or for such lithium-ion battery intended for use in a bicycle with elec-
 tric assist, micromobility device, or limited use motorcycle] DEVICE.
   [3.]  2. Such operating manual referred to in subdivision [two] ONE of
 this section shall be printed in English and the three most common  non-
 English  languages  spoken  by limited-English proficient individuals in
 the state, based on the data  in  the  most  recent  American  Community
 Survey  published  by the United States Census Bureau.  The manual shall
 include instructions on how to store and charge the  battery,  when  and
 where  to charge the battery, and what to do if the battery overheats or
 leaks, there is a strange odor or noise associated with the  battery  or
 there  is  a  change in the shape or color of the battery, and a website
 address where the electronic version of  such  manual  is  available  in
 English  and  the  twelve  most  common  non-English languages spoken by
 limited-English proficient individuals in the state, based on  the  data
 in  the  most  recent  American Community Survey published by the United
 States Census Bureau.
   [4.] 3. Violation of [this section by the retail entity  pursuant  to]
 subdivisions ONE AND two [and three] of this section shall be punishable
 by  a  fine  of  not  more  than two hundred fifty dollars for the first
 offense and not more than  one  thousand  dollars  for  each  subsequent
 offense.
   [5.]  4.  This  section  shall not annul, alter, affect, or exempt any
 person, firm, partnership, corporation, or association, subject  to  the
 provisions  of  this  section  from complying with the laws, ordinances,
 rules, or regulations of any locality, relating to the affixing,  label-
 ing,  or  provision  of  identification, safety, informational, or other
 materials.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter of the laws of 2024 amending the general business
 law relating to requiring retailers of micromobility  devices,  bicycles
 with  electric assist and limited use motorcycles powered by lithium-ion
 batteries, and lithium-ion batteries intended for use in such devices or
 bicycles to provide customers with an operating manual, as  proposed  in
 legislative bills numbers S. 7503-B and A. 1910-B, takes effect.