N.Y. General Business Law Section 399-NNN*2
Lithium-ion battery safety resources


1.

For the purposes of this section, the following terms shall have the following meanings:

(a)

“Lithium-ion battery” means a storage battery in which an electrical current is generated by lithium ions embedded in a carbon carbonate mixture or gelled polymer electrolyte.

(b)

“Second-use lithium-ion battery” means a lithium-ion battery that has been assembled, refurbished, repaired, repurposed or reconditioned using cells removed from used batteries.

(c)

“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 electrical 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 equipped with a lithium-ion or other storage battery, including, but not limited to, a skateboard, unicycle, or other similar wheeled device. The term “micromobility device” shall not include 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, 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.

(d)

“Moped” means a limited use motorcycle as defined in Vehicle & Traffic Law § 121-B (Limited use motorcycle)section one hundred twenty-one-b of the vehicle and traffic law.

2.

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, shall 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 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, mopeds, and micromobility devices. The department of state shall post such safety resources, information and protocols on their website. Such safety resources, information and protocols shall be designed to educate the public on how to respond to and deal with emergency circumstances in regard to incidents associated with, but not limited to, the use and charging of lithium-ion batteries, second-use lithium-ion batteries, 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, mopeds, and micromobility devices. Such safety resources, information and protocols shall include, but not be limited to, charging tips, how to dispose of lithium-ion batteries, handling and preventing lithium-ion battery fires. * NB There are two § 399-nnn’s

Source: Section 399-NNN*2 — Lithium-ion battery safety resources, https://www.­nysenate.­gov/legislation/laws/GBS/399-NNN*2 (updated Oct. 11, 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

Accessed:
Oct. 26, 2024

Last modified:
Oct. 11, 2024

§ 399-NNN*2’s source at nysenate​.gov

Link Style