Relates to retail premises of lithium-ion batteries, bicycles with electric assist, micromobility devices, and limited use motorcycles

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          11362

                                  I N  A S S E M B L Y

                                      May 13, 2026
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Eachus,
          Colton, Jacobson, McDonough, Gray, DeStefano,  Gonzalez-Rojas,  Ziner-
          man,  Gallagher,  Sayegh,  Chang,  K. Brown,  Shimsky,  Reyes, Simone,
          Taylor,  Benedetto,  Beephan,  Lemondes,  Hyndman,  Bichotte Hermelyn,
          Levenberg,  Davila, Rozic, Cook, Steck, Woerner, Lee, Raga, Rosenthal,
          Simon) -- read once and referred to the Committee on Consumer  Affairs
          and Protection

        AN ACT to amend the general business law, in relation to retail premises
          of lithium-ion batteries, bicycles with electric assist, micromobility
          devices, and limited use motorcycles

          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-ccc to read as follows:
     3    § 391-CCC. RETAIL PREMISES OF  LITHIUM-ION  BATTERIES,  BICYCLES  WITH
     4  ELECTRIC ASSIST, MICROMOBILITY DEVICES, AND LIMITED USE MOTORCYCLES.  1.
     5  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
     6  MEANINGS:
     7    (A) "BATTERY CASE" MEANS A METAL  CONTAINER  OR  CABINET  SPECIFICALLY
     8  DESIGNED  AND  INTENDED FOR THE SAFE STORAGE OF LITHIUM-ION BATTERIES OR
     9  FLAMMABLE MATERIALS;
    10    (B) "LITHIUM-ION BATTERY" MEANS A RECHARGEABLE BATTERY WITH AN ORGANIC
    11  SOLVENT ELECTROLYTE AND POSITIVE AND NEGATIVE ELECTRODES  WHICH  UTILIZE
    12  AN INTERCALATION COMPOUND IN WHICH LITHIUM IS STORED; AND
    13    (C)  "MICROMOBILITY  DEVICE"  MEANS  AN ELECTRIC SCOOTER AS DEFINED IN
    14  SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW, AN  ELEC-
    15  TRIC  PERSONAL  ASSISTIVE  MOBILITY  DEVICE  AS  DEFINED  IN SECTION ONE
    16  HUNDRED FOURTEEN-D OF THE VEHICLE AND TRAFFIC  LAW,  OR  OTHER  PERSONAL
    17  MOBILITY DEVICE POWERED BY A LITHIUM-ION BATTERY. THE TERM MICROMOBILITY
    18  DEVICE  SHALL  NOT  INCLUDE  BICYCLES WITH ELECTRIC ASSIST AS DEFINED IN
    19  SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC  LAW,  LIMITED  USE
    20  MOTORCYCLES  AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHI-
    21  CLE AND TRAFFIC LAW, WHEELCHAIRS OR OTHER ELECTRICALLY  DRIVEN  MOBILITY
    22  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.
                                                                   LBD09596-01-5
        A. 11362                            2

     1  VEHICLE AND TRAFFIC LAW, OR ANY VEHICLE THAT IS CAPABLE OF BEING  REGIS-
     2  TERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
     3    2.  ANY  INDIVIDUAL,  FIRM,  PARTNERSHIP, ASSOCIATION, OR CORPORATION,
     4  WHICH OPERATES A PREMISES WHERE BICYCLES WITH ELECTRIC ASSIST AS DEFINED
     5  IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW, MICROMOBIL-
     6  ITY DEVICES, LIMITED USE MOTORCYCLES AS DEFINED IN SECTION  ONE  HUNDRED
     7  TWENTY-ONE-B  OF  THE  VEHICLE AND TRAFFIC LAW, OR LITHIUM-ION BATTERIES
     8  ARE SOLD AT RETAIL, REPAIRED, OR HOUSED  IN  A  STORAGE  FACILITY  SHALL
     9  MAINTAIN  ON  SUCH  PREMISES  FUNCTIONAL FIRE PROTECTION AND SUPPRESSION
    10  MEASURES EFFECTIVE AGAINST LITHIUM-ION  BATTERY  AND  ELECTRICAL  FIRES,
    11  INCLUDING  BUT  NOT LIMITED TO CLASS B EXTINGUISHERS, BATTERY CASES, AND
    12  AUTOMATIC MONITORING AND DETECTION. IN THE EVENT OF AN ELECTRICAL  FIRE,
    13  SUCH FIRE PROTECTION AND SUPPRESSION SYSTEM SHALL HAVE THE CAPABILITY OF
    14  AN  IMMEDIATE RESPONSE TO MITIGATE AND CONTAIN THE FIRE. NOTHING IN THIS
    15  SECTION SHALL BE CONSTRUED TO RESTRICT A MUNICIPALITY FROM ENFORCING THE
    16  PROVISIONS OF  THIS  SUBDIVISION  OR  FURTHER  REQUIRE  ADDITIONAL  FIRE
    17  PROTECTION AND SUPPRESSION MEASURES.
    18    3.    EXCEPT  FOR  LITHIUM-ION  BATTERIES THAT ARE COMPLETELY ENCLOSED
    19  WITHIN THE FRAME OF A BICYCLE WITH ELECTRIC ASSIST AND ARE NOT REMOVABLE
    20  WITHOUT DISASSEMBLY OR THAT ARE IN ORIGINAL PROTECTIVE SHIPPING CONTAIN-
    21  ERS THAT COMPLY WITH UN3481 OR UN3171 AND ARE SO MARKED, ANY LITHIUM-ION
    22  BATTERIES ON THE PREMISES SHALL BE REQUIRED  TO  BE  STORED  IN  BATTERY
    23  CASES OUTSIDE OF THE HOURS OF OPERATION OF SUCH RETAILER AND/OR WHILE IN
    24  AN UNMANNED FACILITY DURING STORAGE.
    25    4.  THE  DEPARTMENT  OF  STATE SHALL PROMULGATE RULES, REGULATIONS AND
    26  STANDARDS DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF  THIS  SECTION
    27  ON  OR  BEFORE  ITS  EFFECTIVE DATE AND, IN CONJUNCTION WITH APPROPRIATE
    28  AGENCIES, SHALL ESTABLISH STANDARDS FOR BATTERY CASES AND THE  INSTALLA-
    29  TION,  OPERATION  AND  INSPECTION  OF  FIRE PROTECTION SYSTEMS INSTALLED
    30  PURSUANT TO THE PROVISIONS OF THIS SECTION.
    31    5. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
    32  NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
    33    §  2. This act shall take effect one year after it shall have become a
    34  law.