New York § 495-A - 495-ASale of lithium-ion batteries and second-use lithium-ion batteries

§ 495-A. 495-ASale 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.