N.Y. General Business Law Section 391-CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io...

* § 391-cc. Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-ion batteries intended for use in such devices or bicycles.

1.

As used in this section, the following terms shall have the following meanings:

(a)

“lithium-ion battery” means a rechargeable battery with an organic solvent electrolyte and positive and negative electrodes which utilize an intercalation compound in which lithium is stored.

(b)

“micromobility device” means an electric scooter as defined in Vehicle & Traffic Law § 114-E (Electric scooter)section one hundred fourteen-e of the vehicle and traffic law, an electric personal assistive mobility device as defined in Vehicle & Traffic Law § 114-D (Electric personal assistive mobility device)section one hundred fourteen-d of the vehicle and traffic law, or other personal mobility device powered by a lithium-ion battery. The term micromobility device shall not include bicycles with electric assist as defined by Vehicle & Traffic Law § 102-C (Bicycle with electric assist)section one hundred two-c of the vehicle and traffic law, limited use motorcycles as defined in Vehicle & Traffic Law § 121-B (Limited use motorcycle)section one hundred twenty-one-b of the vehicle and traffic law, wheelchairs, or other electrically driven mobility assistance devices as defined in Vehicle & Traffic Law § 130-A (Wheelchair)section one hundred thirty-a of the vehicle and traffic law, or any vehicle that is capable of being registered with the department of motor vehicles.

2.

No person, firm, partnership, association or corporation shall sell or offer for sale at retail any bicycles with electric assist as defined in Vehicle & Traffic Law § 102-C (Bicycle with electric assist)section one hundred two-c of the vehicle and traffic law powered by a lithium-ion battery, micromobility devices powered by a lithium-ion battery, limited use motorcycles as defined in Vehicle & Traffic Law § 121-B (Limited use motorcycle)section one hundred twenty-one-b of the vehicle and traffic law powered by a lithium-ion battery, or lithium-ion batteries intended for use in such bicycles with electric assist, micromobility devices, or limited use motorcycles without providing to the purchaser an operating manual for such bicycle with electric assist, micromobility device, or limited use motorcycle, or for such lithium-ion battery intended for use in a bicycle with electric assist, micromobility device, or limited use motorcycle.

3.

Such operating manual referred to in subdivision two of this section shall be printed in English and the three most common non-English languages spoken by limited-English proficient individuals in the state, based on the data in the most recent American Community Survey published by the United States Census Bureau. The manual shall include instructions on how to store and charge the battery, when and where to charge the battery, and what to do if the battery overheats or leaks, there is a strange odor or noise associated with the battery or there is a change in the shape or color of the battery, and a website address where the electronic version of such manual is available in English and the twelve most common non-English languages spoken by limited-English proficient individuals in the state, based on the data in the most recent American Community Survey published by the United States Census Bureau.

4.

Violation of this section by the retail entity pursuant to subdivisions two and three of this section shall be punishable by a fine of not more than two hundred fifty dollars for the first offense and not more than one thousand dollars for each subsequent offense.

5.

This section shall not annul, alter, affect, or exempt any person, firm, partnership, corporation, or association, subject to the provisions of this section from complying with the laws, ordinances, rules, or regulations of any locality, relating to the affixing, labeling, or provision of identification, safety, informational, or other materials. * NB There are two § 391-cc’s * NB Effective January 7, 2025

Source: Section 391-CC — Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io..., https://www.­nysenate.­gov/legislation/laws/GBS/391-CC (updated Jul. 19, 2024; accessed Oct. 26, 2024).

390
Substitution of spurious oils for internal combustion engines 390‑A
Optical discs 390‑B
Anti-phishing act of 2006 390‑BB
Cramming prohibited 390‑C
Prohibit persons under eighteen years of age in certain facilities 390‑C*2
Posting of warnings by commercial entities offering internet access to the public 390‑D
Information concerning services for human trafficking victims in facilities at truck stops 390‑E
Unauthorized installation of certain security devices prohibited 390‑E*2
Skimming awareness notice 391
Marking retreaded, recapped or recut tires 391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products 391‑B
Prohibit any sale of dangerous clothing articles 391‑C
Sale of bicycles 391‑CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io... 391‑CC*2
Sale of bicycles with electric assist and micromobility devices 391‑D
Sale of matchbooks 391‑E
Promotion of camps by certain organizations 391‑F
Promotion of private schools by certain organizations 391‑G
Rental of motor vehicles 391‑H
Lubricating oils 391‑I
Sale of urea-formaldehyde foam insulation 391‑J
Sale of fire extinguishers 391‑JJ
Sale of electric space heaters 391‑K
Automatic garage door opening systems 391‑L
Personal emergency response service agreements 391‑L*2
Rental of motor vehicles 391‑M
Manufacture and sale of in-line skates 391‑N
Sale of reptiles 391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building 391‑P
Prohibit the rental of clothing articles previously worn 391‑Q
Rebates 391‑S
Sale and distribution of novelty lighters prohibited 391‑T
Sale of small animals 391‑U
Pricing goods and services on the basis of gender prohibited 391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals 391‑V
Third-party food delivery agreements 392
Second-hand watches 392‑A
Sale of new computers 392‑B
False labels and misrepresentations 392‑C
Obliteration of marks of origin 392‑D
Using false marks as to manufacture 392‑E
Using false statements or altering mileage registering devices 392‑F
Taximeters 392‑G
Sale of ultraviolet radiation devices 392‑H
Trash receptacles 392‑I
Prices reduced to reflect change in sales tax computation 392‑J
Sales of sparkling devices 393
Lime 393‑A
Non fire rated wood paneling 393‑B
Written solicitation 393‑C
Sale of required labor postings 393‑D
Sale of certified copies of property deeds 393‑E
Sale of abandoned property location services 393‑F
Voluntary third-party notification 394
Lost or destroyed certificate of stock 394‑A
Proof of lost negotiable paper 394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities 394‑C
Limitations on certain contracts involving social referral services 394‑CC
Internet dating safety 394‑CCC
Social media networks 394‑D
Privity of contract between franchise seller and customer or patron of dealer 394‑E
Report on request for abortional services 394‑F
Warrants for reproductive health related electronic data 395
Required disclosure of prior use 395‑A
Maintenance agreements
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Jul. 19, 2024

§ 391-CC’s source at nysenate​.gov

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