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.
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.