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This entry was published on 2024-07-19
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SECTION 399-NNN*2
Lithium-ion battery safety resources
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 399-nnn. Lithium-ion battery safety resources. 1. For the purposes
of this section, the following terms shall have the following meanings:

(a) "Lithium-ion battery" means a storage battery in which an
electrical current is generated by lithium ions embedded in a carbon
carbonate mixture or gelled polymer electrolyte.

(b) "Second-use lithium-ion battery" means a lithium-ion battery that
has been assembled, refurbished, repaired, repurposed or reconditioned
using cells removed from used batteries.

(c) "Micromobility device" means an electric scooter as defined in
section one hundred fourteen-e of the vehicle and traffic law, an
electrical personal assistive mobility device as defined in section one
hundred fourteen-d of the vehicle and traffic law, or other personal
mobility device equipped with a lithium-ion or other storage battery,
including, but not limited to, a skateboard, unicycle, or other similar
wheeled device. 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, 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.

(d) "Moped" means a limited use motorcycle as defined in section one
hundred twenty-one-b of the vehicle and traffic law.

2. The department of state, in consultation with the division of
homeland security and emergency services and the New York state energy
research and development authority, shall develop and maintain safety
resources, information, and protocols in regard to fire hazard
prevention relating to, but not limited to, lithium-ion batteries,
second-use lithium-ion batteries, bicycles with electric assist as
defined in section one hundred two-c of the vehicle and traffic law,
mopeds, and micromobility devices. The department of state shall post
such safety resources, information and protocols on their website. Such
safety resources, information and protocols shall be designed to educate
the public on how to respond to and deal with emergency circumstances in
regard to incidents associated with, but not limited to, the use and
charging of lithium-ion batteries, second-use lithium-ion batteries,
bicycles with electric assist as defined in section one hundred two-c of
the vehicle and traffic law, mopeds, and micromobility devices. Such
safety resources, information and protocols shall include, but not be
limited to, charging tips, how to dispose of lithium-ion batteries,
handling and preventing lithium-ion battery fires.

* NB There are two § 399-nnn's

* NB Effective October 9, 2024