US New York State Enacts New Laws for E-bikes and Lithium-Ion Batteries

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New York State governor signs package of legislation to encourage the safe use of e-bikes and lithium-ion batteries and the protection of New Yorkers.

On July 11, 2024, New York Governor Kathy Hochul signed a legislative package aimed at making e-bikes and micromobility devices safer for New Yorkers. According to Governor Hochul, “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.”

The legislative package includes:

• Legislation S.154F/A.4938-D
• Prohibits the manufacturing, distribution, assembly, reconditing, sale or offering for sale lithium-ion batteries or second-use lithium-ion batteries intended for use in a bicycle with electric assist, limited use of a motorcycle or other micro-mobility devices, unless the lithium-ion battery is certified by an accredited testing laboratory for compliance with UL 2849, UL 2271, UL 2272 or EN 15194, or other safety standards approved by the department of state pursuant to the regulations
• Requires that any battery certified by an accredited testing laboratory place such certification or the logo, wordmark or name of the accredited testing laboratory on the packaging or product
• Provides for a civil penalty of USD 500 for the first violation; and up to USD 1,000 for subsequent violations made within two years of the initial violation
• Effective date: October 9, 2024


• Legislation S.7503-B/A.01910-B
• Requires retailers of micromobility devices, bicycles with electric assist and limited use motorcycles powered with lithium-ion batteries, and lithium-ion batteries intended for use in such devices or bicycles to provide customers with an operating manual
• Requires the manual to 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 the manual is available
• Effective date: January 7, 2025


• Legislation S.7760-A/A.8102-A
• Requires micromobility 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
• Requires tag to include additional consumer safety information regarding safe usage of the product and its charging equipment to be affixed to the cord near the end which is plugged into the electricity source
• Effective date: Immediately


• Legislation S.7744-D/A.8310-C
• Requires retailers to affix a notice on any bicycles with electric assist and micromobility devices which states to always yield to pedestrians and follow traffic laws and that you cannot use such devices on sidewalks or on highways, except where allowed by local law; authorizes the department of state to promulgate necessary rules and regulations; imposes fines for violations and makes related provisions
• Effective date: January 7, 2025


• Legislation S.7703-B/A.8450-B
• Requires limited use motorcycles to be registered at point of sale
• Effective date: January 7, 2025


• 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 electric assist as defined in section one hundred two-c of the vehicle and traffic law, mopeds and micromobility devices
• Effective date: October 9, 2024


• Legislation S.8742/A.9337
• Requires the state fire administrator to establish hazardous materials emergency response training for incidents involving lithium-ion batteries
• Effective date: Immediately


• Legislation S.9419/A.7628-A
• Requires the reporting of certain accidents involving vehicles, including electric scooters and bicycles with electric assist; requires reports to include information indicating whether certain accidents involved electric scooters and bicycles with electric assist
• Effective date: July 11, 2025

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