BILL NUMBER: S154F
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the general business law, in relation to the manufacture
and sale of lithium-ion batteries for use in light electric-powered
vehicles, personal electric mobility devices and limited use motorcycles
 
PURPOSE:
The purpose of this bill is to prohibit the manufacturing, distribution,
assembly, reconditing, sale or offering for sale a lithium-ion battery
or second-use lithium-ion battery intended for use in a bicycle with
electric assist, limited use of a motorcycle or other micro-mobility
device unless the lithium-ion battery is certified by an accredited
testing laboratory.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new Article 28-G to the general business law to:
*Defines "lithium-ion battery", "second use lithium-ion battery",
"micro-mobility device", " limited use of a motorcycle", and "accredited
testing laboratory.
*Prohibits any person or entity from manufacturing, distribution, assem-
bly, reconditing, selling or offering for sale a lithium-ion battery or
second-use lithium-ion battery intended for use in a bicycle with elec-
tric assist, limited use of a motorcycle, or other micro-mobility device
unless the lithium-ion battery is certified by an accredited testing
laboratory
*Requires that any battery certified by an accredited testing laboratory
place such certification or the logo, wordmark, or name of the accred-
ited testing laboratory on the packaging or product
*Provides for a civil penalty of $500 for the first violation; and up to
$1000 for subsequent violations made within two years of the initial
violation
*Requires DOS to promulgate rules and regulations providing for addi-
tional acceptable lithium-ion battery safety standards.
Section 2 provides the effective date.
 
JUSTIFICATION:
"Lithium-ion batteries (LIBs) have become increasingly popular over
recent years thanks to their powerful energy outputs and manageable
sizes. There are hardly any New Yorkers remaining who wouldn't be using
a LIB in their day-to-day activities. From phones to tablets to e-bikes,
LIBs have become a staple of our lives.
However, despite their efficiency, we must work to limit the dangers
associated with LIBs. Specifically, as a result of faults in the struc-
ture of LIBs and their chargers, we've begun seeing a trend of the
batteries overheating and exploding into flames. In the first forty days
of 2023 alone, we've seen three fires sparked by LIBs already. Dozens
have been injured, including more than eighteen children in Queens, and
one person who was killed in a Bronx fire that that injured ten more.
The New York Times reported that LIBs caused about 200 fires and six
deaths in 2022. The problem has been mainly caused by batteries in
e-bikes and e-scooters.
To prevent any more senseless harm, this bill would ban the manufactur-
ing, distribution, assembly, reconditing, selling or offering for sale
of any LIBs or LIB chargers in electronic micromobility devices that do
not meet industry safety standards. These standards make the devices
much safer overall, and specifically when it comes to decreasing the
chances that the LIB starts a fire when overcharged. Uncertified LIBs
and chargers have become a serious threat to New Yorkers, with their
shoddy designs making their devices far more vulnerable to overheating
and exploding when overcharged. Forcing these dangerous devices out of
the market and ensuring that every New Yorker has the safest LIBs and
LIB chargers possible is a commonsense step toward making our citizens
safer." (Sponsor)
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
Ninety days after passage.