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A01185 Summary:

BILL NOA01185B
 
SAME ASNo Same As
 
SPONSORTapia
 
COSPNSRDavila, Dinowitz, Seawright, Hyndman
 
MLTSPNSR
 
Amd §1854, Pub Auth L
 
Provides that NYSERDA shall establish a program to provide new e-bikes at reduced or no cost in exchange for used unsafe e-bikes to certain delivery service workers; provides eligibility requirements to receive a reduced or no-cost e-bike under such program; requires e-bikes provided pursuant to such program be certified for compliance with certain safety standards; requires NYSERDA to collaborate with relevant agencies to inform eligible individuals about such program; and requires NYSERDA to submit an annual report on such program.
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A01185 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1185--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by  M.  of A. TAPIA, DAVILA, DINOWITZ, SEAWRIGHT, HYNDMAN --
          read once and referred to the Committee on Governmental Operations  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        AN ACT to amend the public authorities law, in relation to  establishing
          an e-bike safety program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1854 of the public authorities law  is  amended  by
     2  adding a new subdivision 27 to read as follows:
     3    27.  E-bike  safety program. (a) For purposes of this subdivision, the
     4  following terms shall have the following meanings:
     5    (i) "Battery" means a storage battery in which an  electrical  current
     6  is generated.
     7    (ii)  "Delivery service worker" means an individual who performs pick-
     8  up, transportation, and delivery of food, goods, or packages for compen-
     9  sation, whether through an app-based platform, a third-party network, or
    10  direct employment by a business offering delivery services.
    11    (iii) "E-bike" means a bicycle with  electric  assist  as  defined  by
    12  section one hundred two-c of the vehicle and traffic law.
    13    (iv)  "Unsafe  e-bike"  means  an e-bike that is not certified  by  an
    14  accredited  testing  laboratory  for compliance  with  a  battery stand-
    15  ard referenced in UL 2849, UL 2271, or EN 15194, or  such  other  safety
    16  standard approved by the  department  of  state  pursuant to regulation.
    17    (v)  "Accredited  testing  laboratory"  means  a nationally recognized
    18  testing laboratory as recognized by the federal occupational safety  and
    19  health  administration or an independent laboratory that has been certi-
    20  fied by an accrediting body to ISO 17025 or ISO 17065.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02631-06-5

        A. 1185--B                          2
 
     1    (vi) "Program" means the program developed pursuant to  paragraph  (b)
     2  of this subdivision.
     3    (b)  No later than two years after the effective date of this subdivi-
     4  sion, the authority, in collaboration with the  department  of  environ-
     5  mental  conservation and any other appropriate agency, shall develop and
     6  administer a program to provide new e-bikes at reduced  or  no  cost  in
     7  exchange for used unsafe e-bikes to delivery service workers, subject to
     8  eligibility requirements established by the authority.
     9    (c)  Individuals  utilizing  e-bikes  solely for recreational purposes
    10  shall not be eligible for the program.
    11    (d) To be eligible for a reduced or no cost e-bike under the  program,
    12  a delivery service worker applying to such program shall:
    13    (i)  have  earned  at least one thousand five hundred dollars over the
    14  twelve months preceding the application submission period as a  delivery
    15  service worker;
    16    (ii) own an eligible used unsafe e-bike that is in operable condition;
    17    (iii) be at least eighteen years of age; and
    18    (iv) reside in New York state.
    19    (e)  Within  two  years of the effective date of this subdivision, the
    20  authority shall implement  and  administer  this  subdivision  including
    21  promulgating  rules  relating  to  the forms required to exchange a used
    22  unsafe e-bike for a new e-bike, the required  documentation  for  estab-
    23  lishing  eligibility,  procedures  and  guidelines for exchanging a used
    24  unsafe e-bike for a new e-bike, and the collection  of  economic  impact
    25  data  from  applicants  and  any  other requirements the authority deems
    26  necessary.
    27    (f) All new e-bikes provided at reduced or no  cost  pursuant  to  the
    28  program  shall  be  certified  by  an  accredited testing laboratory for
    29  compliance with safety standards referenced in UL 2849, UL 2271,  or  EN
    30  15194, or such other safety standard approved by the department of state
    31  pursuant  to  regulation.  Such  certification or the logo, wordmark, or
    32  name of such accredited testing laboratory shall be displayed on packag-
    33  ing or documentation at the time of sale for a product  or  directly  on
    34  such product itself.
    35    (g)  The authority shall collaborate with relevant agencies to develop
    36  and distribute educational materials and  conduct  outreach  efforts  to
    37  inform  eligible individuals about the program and the application proc-
    38  ess for its services.
    39    (h) No later than April first, two thousand twenty-eight, and annually
    40  thereafter, the authority shall issue a  report  to  the  governor,  the
    41  temporary  president  of  the  senate,  and  the speaker of the assembly
    42  detailing the status of the program. Such  report  shall  at  a  minimum
    43  include:
    44    (i)  the  amount of funding dedicated by the authority for the program
    45  in the preceding year;
    46    (ii) the number of exchanges provided; and
    47    (iii) any other information the authority deems necessary.
    48    § 2. This act shall take effect immediately.
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