STATE OF NEW YORK
________________________________________________________________________
440
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
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 the develop-
ment of safety resources, information and protocols for lithium-ion
batteries
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 399-nnn of the general business law, as added by a
2 chapter of the laws of 2024 amending the general business law relating
3 to lithium-ion battery safety resources, as proposed in legislative
4 bills numbers S. 8743 and A. 9338, is renumbered section 495-c and
5 amended to read as follows:
6 § 495-c. Lithium-ion battery safety resources. [1. For the purposes
7 of this section, the following terms shall have the following meanings:
8 (a) "Lithium-ion battery" means a storage battery in which an elec-
9 trical current is generated by lithium ions embedded in a carbon carbo-
10 nate mixture or gelled polymer electrolyte.
11 (b) "Second-use lithium-ion battery" means a lithium-ion battery that
12 has been assembled, refurbished, repaired, repurposed or reconditioned
13 using cells removed from used batteries.
14 (c) "Micromobility device" means an electric scooter as defined in
15 section one hundred fourteen-e of the vehicle and traffic law, an elec-
16 trical personal assistive mobility device as defined in section one
17 hundred fourteen-d of the vehicle and traffic law, or other personal
18 mobility device equipped with a lithium-ion or other storage battery,
19 including, but not limited to, a skateboard, unicycle, or other similar
20 wheeled device. The term "micromobility device" shall not include bicy-
21 cles with electric assist as defined in section one hundred two-c of the
22 vehicle and traffic law, wheelchairs or other electrically driven mobil-
23 ity assistance devices as defined in section one hundred thirty-a of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02665-01-5
A. 440 2
1 vehicle and traffic law, or any vehicle that is capable of being regis-
2 tered with the department of motor vehicles.
3 (d) "Moped" means a limited use motorcycle as defined in section one
4 hundred twenty-one-b of the vehicle and traffic law.
5 2.] The department of state, in consultation with the division of
6 homeland security and emergency services and the New York state energy
7 research and development authority, shall develop and maintain safety
8 resources, information, and protocols in regard to fire hazard
9 prevention relating to, but not limited to, lithium-ion batteries,
10 second-use lithium-ion batteries, bicycles with electric assist as
11 defined in section one hundred two-c of the vehicle and traffic law,
12 [mopeds] limited use motorcycles as defined in section one hundred twen-
13 ty-one-b of the vehicle and traffic law, and micromobility devices. The
14 department of state shall post such safety resources, information and
15 protocols on their website. Such safety resources, information and
16 protocols shall be designed to educate the public on how to respond to
17 and deal with emergency circumstances in regard to incidents associated
18 with, but not limited to, the use and charging of lithium-ion batteries,
19 second-use lithium-ion batteries, bicycles with electric assist as
20 defined in section one hundred two-c of the vehicle and traffic law,
21 [mopeds] limited use motorcycles as defined in section one hundred twen-
22 ty-one-b of the vehicle and traffic law, and micromobility devices. Such
23 safety resources, information and protocols shall include, but not be
24 limited to, charging tips, how to dispose of lithium-ion batteries,
25 handling and preventing lithium-ion battery fires.
26 § 2. This act shall take effect on the same date and in the same
27 manner as a chapter of the laws of 2024 amending the general business
28 law relating to lithium-ion battery safety resources, as proposed in
29 legislative bills numbers S. 8743 and A. 9338, takes effect.
