Requires any dealer where lithium-ion batteries, bicycles with electric assist, micromobility devices and limited use motorcycles are sold at retail or repaired, and/or lithium-ion electric batteries are housed in a storage facility to maintain functional fire protection and suppression measures effective against lithium-ion battery and electrical fires, including but not limited to Class B extinguishers, battery cases, and automatic monitoring and detection; authorizes the department of state to promulgate necessary rules and regulations; imposes a fine of $250 for a knowing violation to comply with such provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8291B
SPONSOR: Eachus TITLE OF BILL:
An act to amend the general business law, in relation to retail premises
of lithium-ion batteries, bicycles with electric assist, micromobility
devices, and limited use motorcycles
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to address the growing problem of
fire incidents stemming from lithium-ion batteries in or meant for
e-bikes, e-scooters, other micromobility devices, or limited use motor-
cycles by requiring retailers of them to have protection measures in
place.
SUMMARY OF PROVISIONS:
Section 1 provides the definition of "lithium-ion battery" and "micromo-
bility device" as used in the act. It also requires that the premises
where any individual, firm, partnership, association, or corporation
sells lithium-ion-battery-powered e-bikes, e-scooters, other micromobil-
ity devices, limited use motorcycles, or the lithium-ion batteries for
such, or any storage facility that houses such products must have func-
tional fire protection and suppression measures including extinguishers,
battery cases, and automatic detection equipment. In this act, the
department of state shall promulgate the necessary rules and regulations
to implement these provisions, in accordance with appropriate New York
State agencies.
Section 2 provides the effective date.
JUSTIFICATION:
While the increased use of bicycles with electric assist (e-bikes),
electric scooters (e-scooters), other micromobility devices, and limited
use motorcycles (mopeds) have been associated with a decrease in overall
traffic congestion and greenhouse gas emissions, fires from many of
these products that contain lithium-ion batteries have also increased as
more New Yorkers choose these methods of transportation. Such fires have
been proven to be violent, fast-moving, and tough to extinguish, and
according to the Fire Department of New York there have been 114 inves-
tigations into lithium-ion battery fires, with 74 injuries and 13 deaths
in 2023.
The purpose of this legislation is to address this issue in retail
settings, to prevent further damage, injuries, and deaths associated
with fires caused by these vehicles/devices utilizing lithium-ion
batteries. By having designated protection and suppression methods,
businesses, their employees, and storage facilities can be prepared in
the event that a fire does break out and can take the necessary steps to
prevent harm or damage.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall become a law.
STATE OF NEW YORK
________________________________________________________________________
8291--B
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. EACHUS, GUNTHER, COLTON, JACOBSON, McDONOUGH,
GRAY, DeSTEFANO, GONZALEZ-ROJAS, ZINERMAN, GALLAGHER, SAYEGH, CHANG,
K. BROWN, SHIMSKY, REYES, SIMONE, TAYLOR, ARDILA, BENEDETTO, EPSTEIN,
BEEPHAN, LEMONDES, HYNDMAN, BICHOTTE HERMELYN, LEVENBERG, FAHY, DAVI-
LA, ROZIC, COOK, STECK, WOERNER, LEE, RAGA, L. ROSENTHAL, SIMON --
read once and referred to the Committee on Consumer Affairs and
Protection -- recommitted to the Committee on Consumer Affairs and
Protection in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported and referred to the Committee on Codes
-- reported and referred to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
AN ACT to amend the general business law, in relation to retail premises
of lithium-ion batteries, bicycles with electric assist, micromobility
devices, and limited use motorcycles
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 section
2 391-cc to read as follows:
3 § 391-cc. Retail premises of lithium-ion batteries, bicycles with
4 electric assist, micromobility devices, and limited use motorcycles. 1.
5 As used in this section, the following terms shall have the following
6 meanings:
7 (a) "battery case" means a metal container or cabinet specifically
8 designed and intended for the safe storage of lithium-ion batteries or
9 flammable materials;
10 (b) "lithium-ion battery" means a rechargeable battery with an organic
11 solvent electrolyte and positive and negative electrodes which utilize
12 an intercalation compound in which lithium is stored; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13356-06-4
A. 8291--B 2
1 (c) "micromobility device" means an electric scooter as defined in
2 section one hundred fourteen-e of the vehicle and traffic law, an elec-
3 tric personal assistive mobility device as defined in section one
4 hundred fourteen-d of the vehicle and traffic law, or other personal
5 mobility device powered by a lithium-ion battery. The term micromobility
6 device shall not include bicycles with electric assist as defined in
7 section one hundred two-c of the vehicle and traffic law, limited use
8 motorcycles as defined in section one hundred twenty-one-b of the vehi-
9 cle and traffic law, wheelchairs or other electrically driven mobility
10 assistance devices as defined in section one hundred thirty-a of the
11 vehicle and traffic law, or any vehicle that is capable of being regis-
12 tered with the department of motor vehicles.
13 2. Any individual, firm, partnership, association, or corporation,
14 which operates a premises where bicycles with electric assist as defined
15 in section one hundred two-c of the vehicle and traffic law, micromobil-
16 ity devices, limited use motorcycles as defined in section one hundred
17 twenty-one-b of the vehicle and traffic law, or lithium-ion batteries
18 are sold at retail, repaired, or housed in a storage facility shall
19 maintain on such premises functional fire protection and suppression
20 measures effective against lithium-ion battery and electrical fires,
21 including but not limited to Class B extinguishers, battery cases, and
22 automatic monitoring and detection. In the event of an electrical fire,
23 such fire protection and suppression system shall have the capability of
24 an immediate response to mitigate and contain the fire. Nothing in this
25 section shall be construed to restrict a municipality from enforcing the
26 provisions of this subdivision or further require additional fire
27 protection and suppression measures.
28 3. Except for lithium-ion batteries that are completely enclosed
29 within the frame of a bicycle with electric assist and are not removable
30 without disassembly or that are in original protective shipping contain-
31 ers that comply with UN3481 or UN3171 and are so marked, any lithium-ion
32 batteries on the premises shall be required to be stored in battery
33 cases outside of the hours of operation of such retailer and/or while in
34 an unmanned facility during storage.
35 4. The department of state shall promulgate rules, regulations and
36 standards deemed necessary to implement the provisions of this section
37 on or before its effective date and, in conjunction with appropriate
38 agencies, shall establish standards for battery cases and the installa-
39 tion, operation and inspection of fire protection systems installed
40 pursuant to the provisions of this section.
41 5. A knowing violation of this section shall be punishable by a fine
42 not to exceed two hundred fifty dollars.
43 § 2. This act shall take effect one year after it shall have become a
44 law.
