§ 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\nbatteries. 1. (a) No person, firm, partnership, association, or\ncorporation shall manufacture, distribute, assemble, recondition, sell\nor offer for sale, lease, or rent a lithium-ion battery or a second-use\nlithium-ion battery either as part of or intended for use in a bicycle\nwith electric assist as defined in section one hundred two-c of the\nvehicle and traffic law or for use in a limited use motorcycle as\ndefined in section one hundred twenty-one-b of the vehicle and traffic\nlaw unless the lithium-ion battery or second-use lithium-ion battery has\nbeen certified by an accredited testing laboratory for compliance with a\nbattery standard referenced in UL 2849, UL 2271 or EN 15194, or such\nother safety standard approved by the department of state pursuant to\nregulation. Such certification or the logo, wordmark, or name of such\naccredited testing laboratory shall be displayed on packaging or\ndocumentation at the time of sale for the product and directly on the\nproduct itself.\n (b) No person, firm, partnership, association, or corporation shall\nmanufacture, distribute, assemble, recondition, sell or offer for sale,\nlease, or rent a lithium-ion battery or a second-use lithium-ion battery\neither as part of or intended for use in a micromobility device unless\nthe lithium-ion battery or second-use lithium-ion battery has been\ncertified by an accredited testing laboratory for compliance with UL\n2271 or UL 2272, or such other safety standard approved by the\ndepartment of state pursuant to regulation. Such certification or the\nlogo, wordmark, or name of such accredited testing laboratory shall be\ndisplayed on packaging or documentation at the time of sale for the\nproduct and directly on the product itself.\n 2. A person who violates subdivision one of this section is liable for\na civil penalty as follows:\n (a) for the first violation, a civil penalty of not more than five\nhundred dollars; and\n (b) for each subsequent violation issued for the same offense within\ntwo years of the date of a first violation, a civil penalty of not more\nthan one thousand dollars.\n 3. Each failure to comply with subdivision one of this section with\nrespect to each separate lithium-ion battery or second-use lithium-ion\nbattery constitutes a separate violation.\n 4. The district attorney, county attorney, and the corporation counsel\nshall have concurrent authority to seek the relief in this section, and\nall civil penalties obtained in any such action shall be retained by\nsuch municipality or county.\n 5. The department of state may promulgate rules and regulations that\nprovide for any additional acceptable safety standard relating to a\nlithium-ion battery or second-use lithium-ion battery.\n 6. Nothing contained in this section shall be deemed to authorize the\noperation of any bicycle with electric assist, limited use motorcycle,\nor micromobility device on public roads, private roads open to public\nmotor vehicle traffic, or any parking lot unless the operation of such\nbicycle with electric assist, limited use motorcycles, or micromobility\ndevice thereon is authorized pursuant to the provisions of the vehicle\nand traffic law and such bicycle with electric assist, limited use\nmotorcycle, or micromobility device is in compliance with such law.\n