Bill Text: NY S06237 | 2023-2024 | General Assembly | Introduced
Bill Title: Sets requirements for the sale, lease, and rental of powered bicycles, powered mobility devices, and storage batteries for such devices; provides for penalties for the violation thereof.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S06237 Detail]
Download: New_York-2023-S06237-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6237 2023-2024 Regular Sessions IN SENATE April 5, 2023 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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. 17 2. (a) No person shall distribute, sell, lease, rent or offer for 18 sale, lease or rental a powered bicycle unless: 19 (i) The electrical system for such bicycle has been certified by an 20 accredited testing laboratory for compliance with Underwriters Laborato- 21 ries (UL) standard 2849, or such other safety standard as the department 22 has established by rule in consultation with the fire department; and 23 (ii) Such certification or the logo, wordmark, or name of such accred- 24 ited testing laboratory is displayed: (i) on packaging or documentation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10630-01-3S. 6237 2 1 provided at the time of sale for such powered bicycle; or (ii) directly 2 on such powered bicycle or the battery of such bicycle. 3 (b) No person shall distribute, sell, lease, rent, or offer for sale, 4 lease, or rental, a powered mobility device unless: 5 (i) The electrical system for such powered mobility device has been 6 certified by an accredited testing laboratory for compliance with Under- 7 writers Laboratories (UL) standard 2272, or such other safety standard 8 as the department has established by rule in consultation with the fire 9 department; and 10 (ii) Such certification or the logo, wordmark, or name of such accred- 11 ited testing laboratory is displayed: (1) on packaging or documentation 12 provided at the time of sale for such powered mobility device; or (2) 13 directly on such powered mobility device or the battery of such device. 14 (c) No person shall distribute, sell, lease, rent or offer for sale, 15 lease or rental a storage battery for a powered bicycle or powered 16 mobility device unless: 17 (i) Such storage battery has been certified by an accredited testing 18 laboratory for compliance with Underwriters Laboratories (UL) standard 19 2271, or such other safety standard as the department has established by 20 rule in consultation with the fire department; and 21 (ii) Such certification, or the logo, wordmark, or name of such 22 accredited testing laboratory is displayed: (1) on packaging or documen- 23 tation provided at the time of sale for such storage battery; or (2) 24 directly on such storage battery. 25 (d) No powered bicycle or powered mobility device, or storage battery 26 for a powered bicycle or powered mobility device, shall be required to 27 display the certification or the logo, wordmark, or name of an accred- 28 ited testing laboratory as required by paragraph (a), (b) or (c) of this 29 subdivision if such powered bicycle, powered mobility device, or storage 30 battery: (i) is being sold or leased second-hand, or is being rented; 31 and (ii) does not include packaging, or does not include printed 32 documentation, at the time of distribution, sale, lease, rental or offer 33 for sale, lease or rental, as applicable. 34 (e) A person who violates paragraph (a), (b) or (c) of this subdivi- 35 sion, or any rule promulgated thereunder, is liable for a civil penalty 36 as follows: 37 (i) For the first violation, a civil penalty of zero dollars; and 38 (ii) For each subsequent violation issued for the same offense on a 39 different day within two years of the date of a first violation, a civil 40 penalty of not more than one thousand dollars. 41 (f) Each failure to comply with paragraph (a), (b) or (c) of this 42 subdivision with respect to any one stock keeping unit constitutes a 43 separate violation. 44 § 2. This act shall take effect on the one hundred eightieth day after 45 it shall have become a law.
