New York Assembly Bill A05677 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5677--A 2023-2024 Regular Sessions  IN ASSEMBLY March 20, 2023 ___________ Introduced by M. of A. TAPIA, ALVAREZ, SIMONE, SEAWRIGHT, AUBRY, BRAUN- STEIN, GLICK, SIMON, HYNDMAN, GONZALEZ-ROJAS, BURGOS, DE LOS SANTOS, GIBBS, SOLAGES, PRETLOW, LAVINE, RAJKUMAR, CUNNINGHAM, REYES, ZINER- MAN, DICKENS, RIVERA, ARDILA, RAMOS, HEVESI, CRUZ, BUTTENSCHON, JEAN- PIERRE, FORREST, SHIMSKY, LUCAS, L. ROSENTHAL, ZACCARO, SAYEGH, EPSTEIN, BICHOTTE HERMELYN, RAGA -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the sale, lease, and rental of powered bicycles, powered mobility devices, and storage batteries for such devices 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-ee to read as follows: 3 § 391-ee. Sale, lease, and rental of powered bicycles, powered mobili- 4 ty devices, and storage batteries for such devices. 1. As used in this 5 section, the following terms shall have the following meanings: 6 (a) "Powered bicycle" means a bicycle with electric assist as defined 7 in section one hundred two-c of the vehicle and traffic law. 8 (b) "Powered mobility device" means an electric scooter as defined in 9 section one hundred fourteen-e of the vehicle and traffic law or succes- 10 sor provision or other personal mobility device powered by a lithium-ion 11 or other storage battery. The term does not include powered bicycles, 12 wheelchairs or other mobility devices designed for use by persons with 13 disabilities, or any vehicle that is capable of being registered with 14 the department of motor vehicles. 15 (c) "Stock keeping unit" means each group of items offered for sale of 16 the same brand name, quantity of contents, retail price and variety. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10089-02-3 
 A. 5677--A 2 1 2. (a) No person shall distribute, sell, lease, rent or offer for 2 sale, lease or rental a powered bicycle unless: 3 (i) The electrical system for such bicycle has been certified by an 4 accredited testing laboratory for compliance with Underwriters Laborato- 5 ries (UL) standard 2849, or such other safety standard as the department 6 has established by rule in consultation with the fire department; and 7 (ii) Such certification or the logo, wordmark, or name of such accred- 8 ited testing laboratory is displayed: (i) on packaging or documentation 9 provided at the time of sale for such powered bicycle; or (ii) directly 10 on such powered bicycle or the battery of such bicycle. 11 (b) No person shall distribute, sell, lease, rent, or offer for sale, 12 lease, or rental, a powered mobility device unless: 13 (i) The electrical system for such powered mobility device has been 14 certified by an accredited testing laboratory for compliance with Under- 15 writers Laboratories (UL) standard 2272, or such other safety standard 16 as the department has established by rule in consultation with the fire 17 department; and 18 (ii) Such certification or the logo, wordmark, or name of such accred- 19 ited testing laboratory is displayed: (1) on packaging or documentation 20 provided at the time of sale for such powered mobility device; or (2) 21 directly on such powered mobility device or the battery of such device. 22 (c) No person shall distribute, sell, lease, rent or offer for sale, 23 lease or rental a storage battery for a powered bicycle or powered 24 mobility device unless: 25 (i) Such storage battery has been certified by an accredited testing 26 laboratory for compliance with Underwriters Laboratories (UL) standard 27 2271, or such other safety standard as the department has established by 28 rule in consultation with the fire department; and 29 (ii) Such certification, or the logo, wordmark, or name of such 30 accredited testing laboratory is displayed: (1) on packaging or documen- 31 tation provided at the time of sale for such storage battery; or (2) 32 directly on such storage battery. 33 (d) No powered bicycle or powered mobility device, or storage battery 34 for a powered bicycle or powered mobility device, shall be required to 35 display the certification or the logo, wordmark, or name of an accred- 36 ited testing laboratory as required by paragraph (a), (b) or (c) of this 37 subdivision if such powered bicycle, powered mobility device, or storage 38 battery: (i) is being sold or leased second-hand, or is being rented; 39 and (ii) does not include packaging, or does not include printed 40 documentation, at the time of distribution, sale, lease, rental or offer 41 for sale, lease or rental, as applicable. 42 (e) A person who violates paragraph (a), (b) or (c) of this subdivi- 43 sion, or any rule promulgated thereunder, is liable for a civil penalty 44 as follows: 45 (i) For the first violation, a civil penalty of zero dollars; and 46 (ii) For each subsequent violation issued for the same offense on a 47 different day within two years of the date of a first violation, a civil 48 penalty of not more than one thousand dollars. 49 (f) Each failure to comply with paragraph (a), (b) or (c) of this 50 subdivision with respect to any one stock keeping unit constitutes a 51 separate violation. 52 § 2. This act shall take effect on the one hundred eightieth day after 53 it shall have become a law.