* § 495-a. Sale of lithium-ion batteries and second-use lithium-ion
batteries. 1. (a) No person, firm, partnership, association, or
corporation shall manufacture, distribute, assemble, recondition, sell
or offer for sale, lease, or rent a lithium-ion battery or a second-use
lithium-ion battery either as part of or intended for use in a bicycle
with electric assist as defined in section one hundred two-c of the
vehicle and traffic law or for use in a limited use motorcycle as
defined in section one hundred twenty-one-b of the vehicle and traffic
law unless the lithium-ion battery or second-use lithium-ion battery has
been certified by an accredited testing laboratory for compliance with a
battery standard referenced in UL 2849, UL 2271 or EN 15194, or such
other safety standard approved by the department of state pursuant to
regulation. Such certification or the logo, wordmark, or name of such
accredited testing laboratory shall be displayed on packaging or
documentation at the time of sale for the product and directly on the
product itself.

(b) No person, firm, partnership, association, or corporation shall
manufacture, distribute, assemble, recondition, sell or offer for sale,
lease, or rent a lithium-ion battery or a second-use lithium-ion battery
either as part of or intended for use in a micromobility device unless
the lithium-ion battery or second-use lithium-ion battery has been
certified by an accredited testing laboratory for compliance with UL
2271 or UL 2272, or such other safety standard approved by the
department of state pursuant to regulation. Such certification or the
logo, wordmark, or name of such accredited testing laboratory shall be
displayed on packaging or documentation at the time of sale for the
product and directly on the product itself.

2. A person who violates subdivision one of this section is liable for
a civil penalty as follows:

(a) for the first violation, a civil penalty of not more than five
hundred dollars; and

(b) for each subsequent violation issued for the same offense within
two years of the date of a first violation, a civil penalty of not more
than one thousand dollars.

3. Each failure to comply with subdivision one of this section with
respect to each separate lithium-ion battery or second-use lithium-ion
battery constitutes a separate violation.

4. The district attorney, county attorney, and the corporation counsel
shall have concurrent authority to seek the relief in this section, and
all civil penalties obtained in any such action shall be retained by
such municipality or county.

5. The department of state may promulgate rules and regulations that
provide for any additional acceptable safety standard relating to a
lithium-ion battery or second-use lithium-ion battery.

6. Nothing contained in this section shall be deemed to authorize the
operation of any bicycle with electric assist, limited use motorcycle,
or micromobility device on public roads, private roads open to public
motor vehicle traffic, or any parking lot unless the operation of such
bicycle with electric assist, limited use motorcycles, or micromobility
device thereon is authorized pursuant to the provisions of the vehicle
and traffic law and such bicycle with electric assist, limited use
motorcycle, or micromobility device is in compliance with such law.

* NB Effective October 9, 2024