* § 391-cc. Sale of micromobility devices, bicycles with electric\nassist and limited use motorcycles powered by lithium-ion batteries, and\nlithium-ion batteries intended for use in such devices or bicycles. 1.\nAs used in this section, the following terms shall have the following\nmeanings:\n (a) "lithium-ion battery" means a rechargeable battery with an organic\nsolvent electrolyte and positive and negative electrodes which utilize\nan intercalation compound in which lithium is stored.\n (b) "micromobility device" means an electric scooter as defined in\nsection one hundred fourteen-e of the vehicle and traffic law, an\nelectric personal assistive mobility device as defined in section one\nhundred fourteen-d of the vehicle and traffic law, or other personal\nmobility device powered by a lithium-ion battery. The term micromobility\ndevice shall not include bicycles with electric assist as defined by\nsection one hundred two-c of the vehicle and traffic law, limited use\nmotorcycles as defined in section one hundred twenty-one-b of the\nvehicle and traffic law, wheelchairs, or other electrically driven\nmobility assistance devices as defined in section one hundred thirty-a\nof the vehicle and traffic law, or any vehicle that is capable of being\nregistered with the department of motor vehicles.\n 2. No person, firm, partnership, association or corporation shall sell\nor offer for sale at retail any bicycles with electric assist as defined\nin section one hundred two-c of the vehicle and traffic law powered by a\nlithium-ion battery, micromobility devices powered by a lithium-ion\nbattery, limited use motorcycles as defined in section one hundred\ntwenty-one-b of the vehicle and traffic law powered by a lithium-ion\nbattery, or lithium-ion batteries intended for use in such bicycles with\nelectric assist, micromobility devices, or limited use motorcycles\nwithout providing to the purchaser an operating manual for such bicycle\nwith electric assist, micromobility device, or limited use motorcycle,\nor for such lithium-ion battery intended for use in a bicycle with\nelectric assist, micromobility device, or limited use motorcycle.\n 3. Such operating manual referred to in subdivision two of this\nsection shall be printed in English and the three most common\nnon-English languages spoken by limited-English proficient individuals\nin the state, based on the data in the most recent American Community\nSurvey published by the United States Census Bureau. The manual shall\ninclude instructions on how to store and charge the battery, when and\nwhere to charge the battery, and what to do if the battery overheats or\nleaks, there is a strange odor or noise associated with the battery or\nthere is a change in the shape or color of the battery, and a website\naddress where the electronic version of such manual is available in\nEnglish and the twelve most common non-English languages spoken by\nlimited-English proficient individuals in the state, based on the data\nin the most recent American Community Survey published by the United\nStates Census Bureau.\n 4. Violation of this section by the retail entity pursuant to\nsubdivisions two and three of this section shall be punishable by a fine\nof not more than two hundred fifty dollars for the first offense and not\nmore than one thousand dollars for each subsequent offense.\n 5. This section shall not annul, alter, affect, or exempt any person,\nfirm, partnership, corporation, or association, subject to the\nprovisions of this section from complying with the laws, ordinances,\nrules, or regulations of any locality, relating to the affixing,\nlabeling, or provision of identification, safety, informational, or\nother materials.\n * NB There are two § 391-cc's\n * NB Effective January 7, 2025\n
§ 391-cc. Sale of bicycles with electric assist and micromobility\ndevices. 1. As used in this section, "micromobility device" shall mean\nan electric scooter as defined in section one hundred fourteen-e of the\nvehicle and traffic law, an electrical personal assistive mobility\ndevice as defined in section one hundred fourteen-d of the vehicle and\ntraffic law, or other personal mobility device that has an electric\nmotor. The term micromobility device shall not include bicycles with\nelectric assist as defined by section one hundred two-c of the vehicle\nand traffic law, limited use motorcycles as defined in section one\nhundred twenty-one-b of the vehicle and traffic law, wheelchairs or\nother electrically driven mobility assistance devices as defined in\nsection one hundred thirty-a of the vehicle and traffic law, or any\nvehicle that is capable of being registered with the department of motor\nvehicles.\n 2. No person, firm, partnership, association, or corporation shall\nsell or offer for sale at retail any bicycle with electric assist as\ndefined by section one hundred two-c of the vehicle and traffic law or\nmicromobility device to any person, firm, partnership, association, or\ncorporation, without supplying a notice to be affixed to such bicycle\nwith electric assist or micromobility device by the person, firm,\npartnership, association, or corporation. Such notice shall have an\nadhesive backing, be made from common materials used to affix other\ncomparable notices or stickers to vehicles and be printed in English and\nthe two most common non-English languages spoken in the state, based on\nthe data in the most recent American Community Survey published by the\nUnited States Census Bureau. Such notice shall read:\n "NOTICE: Always yield to pedestrians and follow traffic laws. Riding\non the sidewalk may be illegal; consult local laws."\n 3. The department of state, in consultation with appropriate state\nagencies, shall promulgate rules and regulations necessary to implement\nthe provisions of this section.\n 4. Violation of this section by the retail entity pursuant to\nsubdivision two of this section shall be punishable by a fine of not\nmore than two hundred fifty dollars per stocking unit for the first\noffense and not more than one thousand dollars per stocking unit for\neach subsequent offense.\n 5. This section shall not annul, alter, affect, or exempt any person,\nfirm, partnership, corporation, or association, subject to the\nprovisions of this section from complying with the laws, ordinances,\nrules, or regulations of any locality, relating to the affixing,\nlabeling, or provision of identification, safety, informational, or\nother materials.\n
