NY State Senate Bill 2025-S4810

Senate Bill S4810

2025-2026 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 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
Feb 13, 2025	referred to consumer protection

2025-S4810 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-ccc, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S7746

2025-S4810 (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.

2025-S4810 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4810

SPONSOR: ADDABBO
 
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:

2023/24: S7746B / A8291B - Passed Senate / recommitted to Assembly Rules
Committee.

 
FISCAL IMPLICATIONS:

To be determined.

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

2025-S4810 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4810
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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 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-ccc to read as follows:
   §  391-CCC.  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09596-01-5

 S. 4810                             2
 
   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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