New York Assembly Bill A05310 Latest Draft

   
  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.