Ren §391-cc to be §495-d, amd §495-d, Gen Bus L (as proposed in S.7503-B & A.1910-B)
Requires operating manuals for micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-ion batteries intended for use in such devices.
STATE OF NEW YORK
________________________________________________________________________
738
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sen. CLEARE -- 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 requiring
retailers of micromobility devices, bicycles with electric assist and
limited use motorcycles powered by lithium-ion batteries, and lithi-
um-ion batteries intended for use in such devices or bicycles to
provide customers with an operating manual
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 391-cc of the general business law, as added by a
2 chapter of the laws of 2024 amending the general business law relating
3 to requiring retailers of micromobility devices, bicycles with electric
4 assist and limited use motorcycles powered by lithium-ion batteries, and
5 lithium-ion batteries intended for use in such devices or bicycles to
6 provide customers with an operating manual, as proposed in legislative
7 bills numbers S. 7503-B and A. 1910-B, is renumbered section 495-d and
8 amended to read as follows:
9 § 495-d. [Sale of] Operating manuals for micromobility devices, bicy-
10 cles with electric assist and limited use motorcycles powered by lithi-
11 um-ion batteries, and lithium-ion batteries intended for use in such
12 devices or bicycles. 1. [As used in this section, the following terms
13 shall have the following meanings:
14 (a) "lithium-ion battery" means a rechargeable battery with an organic
15 solvent electrolyte and positive and negative electrodes which utilize
16 an intercalation compound in which lithium is stored.
17 (b) "micromobility device" means an electric scooter as defined in
18 section one hundred fourteen-e of the vehicle and traffic law, an elec-
19 tric personal assistive mobility device as defined in section one
20 hundred fourteen-d of the vehicle and traffic law, or other personal
21 mobility device powered by a lithium-ion battery. The term micromobility
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02667-01-5
S. 738 2
1 device shall not include bicycles with electric assist as defined by
2 section one hundred two-c of the vehicle and traffic law, limited use
3 motorcycles as defined in section one hundred twenty-one-b of the vehi-
4 cle and traffic law, wheelchairs, or other electrically driven mobility
5 assistance devices as defined in section one hundred thirty-a of the
6 vehicle and traffic law, or any vehicle that is capable of being regis-
7 tered with the department of motor vehicles.
8 2.] No person, firm, partnership, association or corporation shall
9 manufacture, distribute, assemble, recondition, sell or offer for sale
10 [at retail], lease or rent any bicycles with electric assist as defined
11 in section one hundred two-c of the vehicle and traffic law powered by a
12 lithium-ion battery, micromobility devices powered by a lithium-ion
13 battery, limited use motorcycles as defined in section one hundred twen-
14 ty-one-b of the vehicle and traffic law powered by a lithium-ion
15 battery, or lithium-ion batteries intended for use in such bicycles with
16 electric assist, micromobility devices, or limited use motorcycles with-
17 out providing to the purchaser an operating manual for such [bicycle
18 with electric assist, micromobility device, or limited use motorcycle,
19 or for such lithium-ion battery intended for use in a bicycle with elec-
20 tric assist, micromobility device, or limited use motorcycle] device.
21 [3.] 2. Such operating manual referred to in subdivision [two] one of
22 this section shall be printed in English and the three most common non-
23 English languages spoken by limited-English proficient individuals in
24 the state, based on the data in the most recent American Community
25 Survey published by the United States Census Bureau. The manual shall
26 include instructions on how to store and charge the battery, when and
27 where to charge the battery, and what to do if the battery overheats or
28 leaks, there is a strange odor or noise associated with the battery or
29 there is a change in the shape or color of the battery, and a website
30 address where the electronic version of such manual is available in
31 English and the twelve most common non-English languages spoken by
32 limited-English proficient individuals in the state, based on the data
33 in the most recent American Community Survey published by the United
34 States Census Bureau.
35 [4.] 3. Violation of [this section by the retail entity pursuant to]
36 subdivisions one and two [and three] of this section shall be punishable
37 by a fine of not more than two hundred fifty dollars for the first
38 offense and not more than one thousand dollars for each subsequent
39 offense.
40 [5.] 4. This section shall not annul, alter, affect, or exempt any
41 person, firm, partnership, corporation, or association, subject to the
42 provisions of this section from complying with the laws, ordinances,
43 rules, or regulations of any locality, relating to the affixing, label-
44 ing, or provision of identification, safety, informational, or other
45 materials.
46 § 2. This act shall take effect on the same date and in the same
47 manner as a chapter of the laws of 2024 amending the general business
48 law relating to requiring retailers of micromobility devices, bicycles
49 with electric assist and limited use motorcycles powered by lithium-ion
50 batteries, and lithium-ion batteries intended for use in such devices or
51 bicycles to provide customers with an operating manual, as proposed in
52 legislative bills numbers S. 7503-B and A. 1910-B, takes effect.
