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This entry was published on 2024-07-19
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SECTION 391-CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io...
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 391-cc. Sale 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. 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
electric 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 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
vehicle 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
registered with the department of motor vehicles.

2. No person, firm, partnership, association or corporation shall sell
or offer for sale at retail 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
twenty-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
without 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
electric assist, micromobility device, or limited use motorcycle.

3. Such operating manual referred to in subdivision two 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. Violation of this section by the retail entity pursuant to
subdivisions 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. 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,
labeling, or provision of identification, safety, informational, or
other materials.

* NB There are two § 391-cc's

* NB Effective January 7, 2025