Requires testing of electrical systems of certain electric bicycles, powered mobility devices, and batteries prior to sale, rental, lease, or other distribution to consumers.

A1875

ASSEMBLY, No. 1875

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAMES J. KENNEDY

District 22 (Somerset and Union)

Assemblyman WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Co-Sponsored by:

Assemblywoman Speight

SYNOPSIS

���� Requires testing of electrical systems of certain
electric bicycles, powered mobility devices, and batteries prior to sale,
rental, lease, or other distribution to consumers.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the electrical systems of certain electric
bicycles, powered mobility devices, and batteries, and supplementing Title 39
of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� a.� As used in this
section:

���� "Bicycle" means the
same as that term is defined in R.S.39:4-14.5.

���� "Department" means
the Department of Transportation.

���� "Low-speed electric
bicycle" means the same as that term is defined in R.S.39:1-1.

���� "Low-speed electric
scooter" means the same as that term is defined in R.S.39:1-1.

���� "Powered mobility
device" means a low speed electric scooter or other personal mobility
device powered by a lithium-ion or other storage battery. �Powered mobility
device� does not include any vehicle that is capable of being registered with
the New Jersey Motor Vehicle Commission.

���� "Stock keeping unit"
means a grouping of items, offered for sale, which are of the same brand name
and variety, and which have the same quantity of contents and retail price.

���� b.� No person shall sell,
lease, rent, or otherwise distribute, or shall offer for sale, lease, rental,
or distribution, a low-speed electric bicycle, unless:

���� (1) the electrical system of
the low-speed electric bicycle has been tested by an accredited testing
laboratory for compliance with Underwriters Laboratories Standard 2849 or such
other safety standard as the department has established by rule or regulation
adopted pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), and in consultation with the Department of Law and
Public Safety; and

���� (2) confirmation of the
testing required pursuant to paragraph (1) of this subsection is displayed using
a logo, wordmark, or name of the accredited testing laboratory: �(a) on
packaging or documentation provided, to the consumer, at the time of sale,
rental, lease, or other distribution of the low-speed electric bicycle thereto;
or (b) directly affixed to the low-speed electric bicycle or its battery.

���� c.� No person shall sell,
lease, rent, or otherwise distribute, or shall offer for sale, lease, rental,
or distribution, a powered mobility device, unless:

���� (1) the electrical system of
the powered mobility device has been tested by an accredited testing laboratory
for compliance with Underwriters Laboratories Standard 2272, or such other
safety standard as the department has established by rule or regulation adopted
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), and in consultation with the Department of Law and Public
Safety; and

���� (2) confirmation of the
testing required pursuant to paragraph (1) of this subsection is displayed
using a logo, wordmark, or name of the accredited testing laboratory:� (a) on
packaging or documentation provided to the consumer at the time of sale, rental,
lease, or other distribution of the powered mobility device thereto; or (b)
directly affixed to the powered mobility device or its battery.

���� d.� No person shall sell,
lease, rent, or otherwise distribute, or shall offer for sale, lease, or
rental, or distribution, a storage battery for a low-speed electric bicycle, or
a storage battery for a powered mobility scooter, unless:

���� (1) the storage battery has
been tested, by an accredited testing laboratory, for compliance with
Underwriters Laboratories Standard 2271 or such other safety standard as the
department has established by rule or regulation adopted pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
and in consultation with the Department of Law and Public Safety, or the
storage battery is part of an electrical system that has been tested pursuant
to subsection b. or c. of this section, as appropriate; and

���� (2) confirmation of the
testing required pursuant to paragraph (1) of this subsection is displayed using
a logo, wordmark, or name of the accredited testing laboratory: �(a) on
packaging or documentation provided to the consumer at the time of sale,
rental, lease, or other distribution of the storage battery thereto; or (b)
directly affixed to the storage battery.

���� e. �A low-speed electric
bicycle, powered mobility device, or storage battery �used to power such a low-speed
electric bicycle or powered mobility device shall not be required to display
the logo, wordmark, or name of an accredited testing laboratory, as otherwise required
pursuant to subsections b. through d. of this section, if it:

���� (1) is sold, rented, leased,
or otherwise distributed to consumers on a second-hand basis; and

���� (2) does not include packaging
or printed documentation at the time of sale, rental, lease, or other
distribution to the consumer.

���� f.� (1)� Any person who
violates the provisions of this section shall be subject to:� (a) a written
warning for a first offense; and (b) a penalty of up to $1,000 for each
subsequent offense occurring no later than two years after the date of the
first offense.�

���� (2)�� Any penalty applicable
under this subsection shall be collected, by the State, either in a summary
civil proceeding commenced under the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.), or in any case before a court of
competent jurisdiction wherein injunctive relief has been requested.� The
Superior Court and the municipal court shall have jurisdiction to enforce the
provisions of the �Penalty Enforcement Law of 1999� in accordance with the
provisions of this section.

���� (3)� Each failure to comply
with the provisions of subsections b. through d. of this section, with respect
to any single stock keeping unit, shall constitute an additional, separate, and
distinct violation.�

���� (4)� The department may
institute a civil action for injunctive relief to enforce the provisions, or to
prevent a violation, of this section, and the court may proceed in the action
in a summary manner.

���� 2.� This act shall take effect
of the first day of the eighth month next following the date of enactment.

STATEMENT

���� This bill would prohibit the
sale, lease, rental, or other distribution, and the offering for sale, lease,
rental, or other distribution, of a low-speed electric bicycle, powered
mobility device, or storage battery used to power such an electric bicycle or
mobility device, unless:

���� (1) the bicycle, mobility
device, or battery has been tested by a accredited testing laboratory for
compliance with an appropriate Underwriters Laboratories standard or other
appropriate standard established by the Department of Transportation; and

���� (2) confirmation of the
testing is displayed using a logo, wordmark, or name of the accredited testing
laboratory, either on packaging or documentation that is provided to the
consumer at the time of sale, rental, lease, or other distribution thereto, or
directly affixed to the bicycle, mobility device, or battery.

���� Persons who violate the bill's
provisions would be subject to a written warning for a first offense and a
penalty of up to $1,000 for each subsequent offense occurring no later than two
years after the date of the first offense.� The bill would take effect on the
first day of the eighth month next following enactment.