NY State Senate Bill 2025-S738

Senate Bill S738

2025-2026 Legislative Session

Relates to operating manuals for 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

download bill text pdf

Current Bill Status - In Senate Committee Rules 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 08, 2025	referred to rules

2025-S738 (ACTIVE) - Details

See Assembly Version of this Bill:: A923
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Ren §391-cc to be §495-d, amd §495-d, Gen Bus L (as proposed in S.7503-B & A.1910-B)

2025-S738 (ACTIVE) - Summary

Requires operating manuals for 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.

2025-S738 (ACTIVE) - Sponsor Memo

2025-S738 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    738
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  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
 S. 738                              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.

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