N.Y. General Business Law § 495-a: Sale of lithium-ion batteries and second-use lithium-ion batteries

§ 495-a. Sale of lithium-ion batteries and second-use lithium-ion

batteries. 1. (a) No person, firm, partnership, association, or

corporation shall manufacture, distribute, assemble, recondition, sell

or offer for sale, lease, or rent a lithium-ion battery or a second-use

lithium-ion battery either as part of or intended for use in a bicycle

with electric assist as defined in section one hundred two-c of the

vehicle and traffic law or for use in a limited use motorcycle as

defined in section one hundred twenty-one-b of the vehicle and traffic

law unless the lithium-ion battery or second-use lithium-ion battery has

been certified by an accredited testing laboratory for compliance with a

battery standard referenced in UL 2849, UL 2271 or EN 15194, or such

other safety standard approved by the department of state pursuant to

regulation. Such certification or the logo, wordmark, or name of such

accredited testing laboratory shall be displayed on packaging or

documentation at the time of sale for the product and directly on the

product itself.

(b) No person, firm, partnership, association, or corporation shall

manufacture, distribute, assemble, recondition, sell or offer for sale,

lease, or rent a lithium-ion battery or a second-use lithium-ion battery

either as part of or intended for use in a micromobility device unless

the lithium-ion battery or second-use lithium-ion battery has been

certified by an accredited testing laboratory for compliance with UL

2271 or UL 2272, or such other safety standard approved by the

department of state pursuant to regulation. Such certification or the

logo, wordmark, or name of such accredited testing laboratory shall be

displayed on packaging or documentation at the time of sale for the

product and directly on the product itself.

2. A person who violates subdivision one of this section is liable for

a civil penalty as follows:

(a) for the first violation, a civil penalty of not more than five

hundred dollars; and

(b) for each subsequent violation issued for the same offense within

two years of the date of a first violation, a civil penalty of not more

than one thousand dollars.

3. Each failure to comply with subdivision one of this section with

respect to each separate lithium-ion battery or second-use lithium-ion

battery constitutes a separate violation.

4. The district attorney, county attorney, and the corporation counsel

shall have concurrent authority to seek the relief in this section, and

all civil penalties obtained in any such action shall be retained by

such municipality or county.

5. The department of state may promulgate rules and regulations that

provide for any additional acceptable safety standard relating to a

lithium-ion battery or second-use lithium-ion battery.

6. Nothing contained in this section shall be deemed to authorize the

operation of any bicycle with electric assist, limited use motorcycle,

or micromobility device on public roads, private roads open to public

motor vehicle traffic, or any parking lot unless the operation of such

bicycle with electric assist, limited use motorcycles, or micromobility

device thereon is authorized pursuant to the provisions of the vehicle

and traffic law and such bicycle with electric assist, limited use

motorcycle, or micromobility device is in compliance with such law.