Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Prohibits sale of certain lithium-ion devices; establishes restrictions on sale, lease, or rental of certain bicycles and scooters; creates fire risk awareness campaigns.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale or lease of certain bicycles, scooters, and batteries, creating a fire risk awareness campaign, and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Commission means the New Jersey Fire Safety Commission within the Department of Community Affairs.
Division means the Division of Highway Traffic Safety in the Department of Law and Public Safety.
Lithium-ion battery means any button, coin, cylindrical, rectangular or other shaped dry cell battery consisting of lithium and other chemicals commonly used in electrical devices.
Low-speed electric bicycle means the same as that term is defined in R.S.39:1-1, except not including wheelchairs or other mobility devices designed for use by persons with disabilities.
Low-speed electric scooter means the same as that term is defined in R.S.39:1-1, except not including wheelchairs or other mobility devices designed for use by persons with disabilities.
Motorized bicycle means the same as that term is defined in R.S.39:1-1 and includes only those motorized bicycles that are powered by an electric motor and shall not include wheelchairs or other mobility devices designed for use by persons with disabilities.
Motorized scooter means the same as that term is defined in R.S.39:1-1 and includes only those motorized scooters that are powered by an electric motor and shall not include wheelchairs or other mobility devices designed for use by persons with disabilities.
Storage battery means a battery or cell used for storing electrical energy.
Underwriters Laboratories or UL means the global safety science company composed of UL Research Institutes, UL Standards & Engagement and UL Solutions.
2. a. A person shall not:
(1) assemble or recondition a lithium-ion battery using cells removed from used storage batteries for use in a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter; or
(2) sell or offer for sale a lithium-ion battery that uses cells removed from used storage batteries for use in a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter.
b. (1) A person who violates this section, or any rule promulgated thereunder, shall be issued a written warning for the first violation, and shall be liable for a civil penalty of not more than $1,000 for the second and each subsequent violation issued for the same offense on a different day within two years of the date of a first violation.
(2) For the purposes of this subsection, a subsequent violation occurring more than two years after a previous violation shall be considered a first violation.
3. a. Except as provided in subsection d. of this section, a person shall not distribute, sell, lease, rent, or offer for sale, lease, or rental a low-speed electric bicycle or motorized bicycle unless:
(1) the electrical system for the bicycle has been certified by an accredited testing laboratory for compliance with UL standard 2849, or such other safety standard as the division has established; and
(2) such certification or the logo, wordmark, or name of such accredited testing laboratory is displayed: (a) on the packaging or documentation provided at the time of sale of the low-speed electric bicycle or motorized bicycle; or (b) directly on the low-speed electric bicycle or motorized bicycle or on the battery of such bicycle.
b. Except as provided in subsection d. of this section, a person shall not distribute, sell, lease, rent, or offer for sale, lease, or rental, a low-speed electric scooter or motorized scooter unless:
(1) the electrical system for the scooter has been certified by an accredited testing laboratory for compliance with UL standard 2272, or such other safety standard as the division has established; and
(2) such certification or the logo, wordmark, or name of such accredited testing laboratory is displayed: (a) on the packaging or documentation provided at the time of sale of the low-speed electric scooter or motorized scooter; or (b) directly on the low-speed electric scooter or motorized scooter or on the battery of such scooter.
c. Except as provided in subsection d. of this section, a person shall not distribute, sell, lease, rent, or offer for sale, lease or rental a storage battery for a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter unless:
(1) the storage battery has been certified by an accredited testing laboratory for compliance with UL standard 2271, or such other safety standard as the division has established; and
(2) such certification or the logo, wordmark, or name of such accredited testing laboratory is displayed: (a) on the packaging or documentation provided at the time of sale of the storage battery; or (b) directly on the storage battery.
d. Notwithstanding any provision of this section to the contrary, a person shall not be required to display the certification or the logo, wordmark, or name of an accredited testing laboratory on a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, motorized scooter, or storage battery, as required by subsections a., b., or c. of this section, if the low-speed electric bicycle, motorized bicycle, low-speed electric scooter, motorized scooter, or storage battery:
(1) is sold or leased second-hand, or is rented; and
(2) does not include packaging or printed documentation, at the time of sale, lease, rental or offer for sale, lease, or rental, as applicable.