Directs 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, to 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9338
SPONSOR: De Los Santos TITLE OF BILL:
An act to amend the general business law, in relation to lithium-ion
battery safety resources
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is require the Department of State ("DOS") to
work with the Division of Homeland Security and Emergency Services
("DHSES") and the New York State Energy Research and
Development'Authority ("NYSERDA") to develop safety resources and post
on their website information and protocols designed to educate the
public on how to respond and deal with emergencies involving lithium-ion
batteries.
SUMMARY OF PROVISIONS:
Section 1 adds a new § 495-b to the general business law to:
*Require the DOS to work with DHSES and NYSERDA to develop and maintain
safety resources, information and protocols in regard to the safe use
and charging of lithium-ion batteries.
*DOS must post the safety resources, information, and protocols on their
website
*The resources and information should be designed to educate the public
on how to respond to emergency situations regarding the use and charging
of lithium-ion batteries and devices with electric assist.
*Resources should include but not be limited to, charging tips, informa-
tion on how to safely dispose of lithium-ion batteries, and handling and
prevention of lithium-ion battery related fires.
Section 2 provides the effective date.
JUSTIFICATION:
Fires caused by lithium-ion batteries have increased over the last few
years throughout New York State, particularly impacting New York City.
In order to decrease the amount of lithium-ion battery caused fires,
consumers and sellers alike need to be better informed about how to use
and charge lithium-ion batteries and the products the batteries power.
Informational materials regarding proper usage and charging of the
batteries and how to respond to fires and other emergencies caused by
lithium-ion batteries are necessary to properly educate the public to
further reduce incidences of lithium-ion battery fires and ensure proper
product safety is maintained.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.
STATE OF NEW YORK
________________________________________________________________________
9338
IN ASSEMBLY
March 1, 2024
___________
Introduced by M. of A. DE LOS SANTOS -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to lithium-ion
battery safety resources
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-nnn to read as follows:
3 § 399-nnn. Lithium-ion battery safety resources. 1. For the purposes
4 of this section, the following terms shall have the following meanings:
5 (a) "Lithium-ion battery" means a storage battery in which an elec-
6 trical current is generated by lithium ions embedded in a carbon carbo-
7 nate mixture or gelled polymer electrolyte.
8 (b) "Second-use lithium-ion battery" means a lithium-ion battery that
9 has been assembled, refurbished, repaired, repurposed or reconditioned
10 using cells removed from used batteries.
11 (c) "Micromobility device" means an electric scooter as defined in
12 section one hundred fourteen-e of the vehicle and traffic law, an elec-
13 trical personal assistive mobility device as defined in section one
14 hundred fourteen-d of the vehicle and traffic law, or other personal
15 mobility device equipped with a lithium-ion or other storage battery,
16 including, but not limited to, a skateboard, unicycle, or other similar
17 wheeled device. The term "micromobility device" shall not include bicy-
18 cles with electric assist as defined in section one hundred two-c of the
19 vehicle and traffic law, wheelchairs or other electrically driven mobil-
20 ity assistance devices as defined in section one hundred thirty-a of the
21 vehicle and traffic law, or any vehicle that is capable of being regis-
22 tered with the department of motor vehicles.
23 (d) "Moped" means a limited use motorcycle as defined in section one
24 hundred twenty-one-b of the vehicle and traffic law.
25 2. The department of state, in consultation with the division of home-
26 land security and emergency services and the New York state energy
27 research and development authority, shall develop and maintain safety
28 resources, information, and protocols in regard to fire hazard
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14750-02-4
A. 9338 2
1 prevention relating to, but not limited to, lithium-ion batteries,
2 second-use lithium-ion batteries, bicycles with electric assist as
3 defined in section one hundred two-c of the vehicle and traffic law,
4 mopeds, and micromobility devices. The department of state shall post
5 such safety resources, information and protocols on their website. Such
6 safety resources, information and protocols shall be designed to educate
7 the public on how to respond to and deal with emergency circumstances in
8 regard to incidents associated with, but not limited to, the use and
9 charging of lithium-ion batteries, second-use lithium-ion batteries,
10 bicycles with electric assist as defined in section one hundred two-c of
11 the vehicle and traffic law, mopeds, and micromobility devices. Such
12 safety resources, information and protocols shall include, but not be
13 limited to, charging tips, how to dispose of lithium-ion batteries,
14 handling and preventing lithium-ion battery fires.
15 § 2. This act shall take effect on the ninetieth day after it shall
16 have become a law.
