Prohibits the sale of second-use lithium-ion batteries intended for use in a bicycle with electric assist, an electric scooter or a limited use motorcycle; provides penalties for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5310
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of second-use lithium-ion batteries
PURPOSE:
To ban second-use lithium-ion batteries in e-bikes and e-scooters
SUMMARY OF PROVISIONS:
Section one of the bill adds article 39-H to the general business law to
prohibit the distribution, assembly, or sale of second-use lithium-ion
batteries for e-bikes and e-scooters that have been assembled or recon-
ditioned using cells removed from used batteries. A person who violated
the law would be subject to a civil penalty. The civil penalty would
range from $200 for a first violation to $1,000 for each subsequent
violation within two years.
Section two of the bill provides the effective date.
JUSTIFICATION:
Lithium-Ion battery fires can be extremely dangerous because they are
self-sustaining and are difficult to contain and extinguish. The
construction of these batteries contains a pressurized electrolyte fluid
that makes them very dangerous in a range of circumstances. Circum-
stances that may compromise the battery's integrity and cause the
battery to explode or ignite include but are not limited to: (i) impact
damage to the battery; (ii) a manufacturing flaw; (iii) aging and dete-
rioration of the battery components; (iv) extreme temperatures; and (v)
overcharging. Additionally, overcharging lithium-ion may produce an
exothermic decomposition of the battery cell, which leads to potential
rupturing and creating a highly dangerous thermal explosion called ther-
mal runaway.
Over the past year New York City has experienced a rapid increase in
lithium-ion battery related fires, largely associated with E-Bikes.It
has been reported that on average, an E-Bike or E-Scooter battery causes
a fire in the New York City four times a week. As of October 30, 2022,
the FDNY investigated 174 battery related fires, which puts the New York
City on track to double the total number of battery related fires of 104
from 2021 and quadruple the number of fires of 44 from 2020. These
fires cause significant property damage and loss and have resulted in
the deaths of multiple city residents.
The FDNY has found that some of these battery fires were caused by
second-use lithium-ion batteries that contained used batteries reassem-
bled for use as an e-bike battery. These batteries were not intended to
be used for this purpose and it is likely that this was a factor in the
battery combusting. This bill increases safety to NY residents by
banning the sale of second-use batteries, or reassembled batteries that
are constituted from previously used batteries.
PRIOR LEGISLATIVE HISTORY:
2022: S.9596 - Rules
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Ninety days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
5310
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale of second-use lithium-ion batteries
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 article
2 39-H to read as follows:
3 ARTICLE 39-H
4 SECOND-USE LITHIUM-ION BATTERIES
5 Section 899-ggg. Definitions.
6 899-hhh. Sale of second-use lithium-ion batteries.
7 § 899-ggg. Definitions. As used in this article, the following terms
8 shall have the following meanings:
9 1. "Lithium-ion battery" means a storage battery in which an elec-
10 trical current is generated by lithium ions embedded in a carbon
11 graphite or nickel metal-oxide substrate placed in a high-viscosity
12 carbonate mixture or gelled polymer electrolyte.
13 2. "Second-use lithium-ion battery" means a lithium-ion battery that
14 has been assembled or reconditioned using cells removed from used
15 batteries.
16 § 899-hhh. Sale of second-use lithium-ion batteries. 1. No person
17 shall distribute, assemble, recondition, sell or offer for sale a
18 second-use lithium-ion battery intended for use in a bicycle with elec-
19 tric assist as defined in section one hundred two-c of the vehicle and
20 traffic law, an electric scooter as defined in section one hundred four-
21 teen-e of the vehicle and traffic law, or a limited use motorcycle as
22 defined in section one hundred twenty-one-b of the vehicle and traffic
23 law.
24 2. A person who violates subdivision one of this section is liable for
25 a civil penalty as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01103-01-3
A. 5310 2
1 (a) for the first violation, a civil penalty of two hundred dollars;
2 and
3 (b) for each subsequent violation issued for the same offense within
4 two years of the date of a first violation, a civil penalty of not more
5 than one thousand dollars.
6 3. Each failure to comply with subdivision one of this section with
7 respect to each separate second-use lithium-ion battery constitutes a
8 separate violation.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law.
