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S09596 Summary:

BILL NOS09596
 
SAME ASNo Same As
 
SPONSORKRUEGER
 
COSPNSR
 
MLTSPNSR
 
Add Art 39-H 899-ggg & 899-hhh, Gen Bus L
 
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.
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S09596 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9596
 
                    IN SENATE
 
                                    November 16, 2022
                                       ___________
 
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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:
    26    (a)  for  the first violation, a civil penalty of two hundred dollars;
    27  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16525-02-2

        S. 9596                             2
 
     1    (b) for each subsequent violation issued for the same  offense  within
     2  two  years of the date of a first violation, a civil penalty of not more
     3  than one thousand dollars.
     4    3.  Each  failure  to comply with subdivision one of this section with
     5  respect to each separate second-use lithium-ion  battery  constitutes  a
     6  separate violation.
     7    §  2.  This  act shall take effect on the ninetieth day after it shall
     8  have become a law.
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