A legislative package designed to raise awareness about the safe use of e-bikes and products that contain lithium-ion batteries and protect New Yorkers was signed into law by Governor Kathy Hochul on Thursday.
“As e-bike adoption increases and battery technology continues to develop, I urge New Yorkers to be aware of safety best practices and to use their devices and chargers properly,” Governor Kathy Hochul said. “These laws underscore our commitment to help New Yorkers make educated, safe, smart choices with their purchases of products with lithium-ion batteries and how to best store and use them in order prevent any more tragedies from occurring.”
Legislation S.154F/A.4938-D prohibits the sale of lithium-ion batteries used in micro-mobility devices, bicycles with electric assist or mopeds unless such batteries are manufactured in accordance with certain standards and specifications. Legislation S.154F/A.4938-D provides a civil penalty and authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek relief.
Legislation S.8743/A.9338 directs the Department of State, in consultation with the Division of Homeland Security and Emergency Services and the New York State Energy Research and Development Authority, to develop and maintain safety resources, information, and protocols in regard to fire hazard prevention relating to, but not limited to, lithium-ion batteries, second-use lithium-ion batteries, bicycles with the electric assist as defined in section one hundred two-c of the vehicle and traffic law, mopeds, and micro-mobility devices.
Legislation S.8742/A.9337 requires the State Fire Administrator within the Office of Fire Prevention and Control of the Department of Homeland Security and Emergency Services to provide training materials for first responders regarding emergency response to incidents involving lithium-ion batteries.
Legislation S.7503-B/A.01910-B requires retailers of micro-mobility devices, bicycles with electric assist and mopeds powered with lithium-ion batteries, and lithium-ion batteries intended for use in such devices or bicycles to provide customers with an operating manual.
Legislation S.9419/A.7628-A requires police and judicial officers investigating an accident with an e-bike or e-scooter that results in death or injury to make a report to the Department of Motor Vehicles, consistent with current requirements for motor vehicles and motorcycles. Legislation S.9419/A.7628-A also requires police to investigate such incidents when they are made aware of them.
Legislation S.7703-B/A.8450-B requires mopeds to be registered by dealers at the point of sale if they are to be used in the State.
Legislation S.7760-A/A.8102-A requires micro-mobility devices, mopeds, and bicycles with electric assist to have a red tag attached to the charging cord which states to unplug when not in use.
Legislation S.7744-D/A.8310-C requires retailers to affix a notice on any bicycles with electric assist and micro-mobility devices which states to always yield to pedestrians and follow traffic laws. This legislation also authorizes that any retail entity who violates the law may be penalized with a fine of no more than $250 per unit for the first offense and not more than $1,000 for each subsequent offense.
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