STATE OF NEW YORK ________________________________________________________________________ 737 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 the develop- ment of safety resources, information and protocols for lithium-ion batteries The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 399-nnn of the general business law, as added by a 2 chapter of the laws of 2024 amending the general business law relating 3 to lithium-ion battery safety resources, as proposed in legislative 4 bills numbers S. 8743 and A. 9338, is renumbered section 495-c and 5 amended to read as follows: 6 § 495-c. Lithium-ion battery safety resources. [1. For the purposes 7 of this section, the following terms shall have the following meanings: 8 (a) "Lithium-ion battery" means a storage battery in which an elec- 9 trical current is generated by lithium ions embedded in a carbon carbo- 10 nate mixture or gelled polymer electrolyte. 11 (b) "Second-use lithium-ion battery" means a lithium-ion battery that 12 has been assembled, refurbished, repaired, repurposed or reconditioned 13 using cells removed from used batteries. 14 (c) "Micromobility device" means an electric scooter as defined in 15 section one hundred fourteen-e of the vehicle and traffic law, an elec- 16 trical personal assistive mobility device as defined in section one 17 hundred fourteen-d of the vehicle and traffic law, or other personal 18 mobility device equipped with a lithium-ion or other storage battery, 19 including, but not limited to, a skateboard, unicycle, or other similar 20 wheeled device. The term "micromobility device" shall not include bicy- 21 cles with electric assist as defined in section one hundred two-c of the 22 vehicle and traffic law, wheelchairs or other electrically driven mobil- 23 ity assistance devices as defined in section one hundred thirty-a of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02665-01-5
S. 737 2 1 vehicle and traffic law, or any vehicle that is capable of being regis- 2 tered with the department of motor vehicles. 3 (d) "Moped" means a limited use motorcycle as defined in section one 4 hundred twenty-one-b of the vehicle and traffic law. 5 2.] The department of state, in consultation with the division of 6 homeland security and emergency services and the New York state energy 7 research and development authority, shall develop and maintain safety 8 resources, information, and protocols in regard to fire hazard 9 prevention relating to, but not limited to, lithium-ion batteries, 10 second-use lithium-ion batteries, bicycles with electric assist as 11 defined in section one hundred two-c of the vehicle and traffic law, 12 [mopeds] limited use motorcycles as defined in section one hundred twen- 13 ty-one-b of the vehicle and traffic law, and micromobility devices. The 14 department of state shall post such safety resources, information and 15 protocols on their website. Such safety resources, information and 16 protocols shall be designed to educate the public on how to respond to 17 and deal with emergency circumstances in regard to incidents associated 18 with, but not limited to, the use and charging of lithium-ion batteries, 19 second-use lithium-ion batteries, bicycles with electric assist as 20 defined in section one hundred two-c of the vehicle and traffic law, 21 [mopeds] limited use motorcycles as defined in section one hundred twen- 22 ty-one-b of the vehicle and traffic law, and micromobility devices. Such 23 safety resources, information and protocols shall include, but not be 24 limited to, charging tips, how to dispose of lithium-ion batteries, 25 handling and preventing lithium-ion battery fires. 26 § 2. This act shall take effect on the same date and in the same 27 manner as a chapter of the laws of 2024 amending the general business 28 law relating to lithium-ion battery safety resources, as proposed in 29 legislative bills numbers S. 8743 and A. 9338, takes effect.