[Adopted 6-4-2024 by L.L. No. 24-2024]
[Amended 12-17-2024 by L.L. No. 5-2025]
As used in this article, the following terms shall have the meanings indicated:
ACCREDITED TESTING LABORATORY
Means a nationally recognized testing laboratory as recognized by the Federal Occupational Safety and Health Administration or an independent laboratory that has been certified by an accrediting body to ISO 17025 or ISO 17065.
BICYCLE WITH ELECTRIC ASSIST
As defined in the New York Vehicle and Traffic Law § 102-c. Also referred to as a powered bicycle.
LIMITED USE MOTORCYCLE
As defined in § 121-b of the Vehicle and Traffic Law.
LITHIUM-ION BATTERY
Means a rechargeable battery with an organic solvent electrolyte and positive and negative electrodes which utilizes an intercalation compound in which lithium is stored.
MICROMOBILITY DEVICE
Means an electric scooter as defined in § 114-e of the Vehicle and Traffic Law, an electrical personal assistive mobility device as defined in § 114-d of the Vehicle and Traffic Law, or other personal mobility device powered by a lithium-ion battery, including but not limited to a skateboard or unicycle. The term "micromobility device" shall not include bicycles with electric assist as defined in § 121-b of the Vehicle and Traffic Law,[1] wheelchairs or other electrically driven mobility assistance devices as defined in § 130-a of the Vehicle and Traffic Law, or any vehicle that is capable of being registered with the Department of Motor Vehicles.
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.
STOCK KEEPING UNIT
The term "stock keeping unit" means each group of items offered for sale of the same brand name, quantity of contents, retail price and variety.
[1]
Editor's Note: See Vehicle and Traffic Law § 102-c.
[Amended 12-17-2024 by L.L. No. 5-2025]
A. 
No person, firm, partnership, association or corporation shall manufacture, distribute, assemble, recondition, sell, lease, rent or offer for sale a lithium-ion battery or a second-use lithium-ion battery either as part of or intended for use in a bicycle with electric assist of for use in a limited use motorcycle unless:
(1) 
The lithium-ion battery or second-use lithium-ion battery has been certified by an accredited testing laboratory for compliance with a battery standard referenced in Underwriters Laboratories (UL) Standard 2849, UL 2271 or EN 151594. or such other safety standard approved by the Department of State; and
(2) 
Such certification or the logo, wordmark, or name of such accrediting agency shall be displayed:
(a) 
On packaging or documentation provided at the time of sale for the product; and
(b) 
Directly on the product itself.
B. 
No person, firm, partnership, association or corporation shall manufacture, distribute, assemble, recondition, sell, lease, rent, or offer for sale a micromobility device unless:
(1) 
The lithium-ion battery or second-use lithium-ion battery has been certified by an accredited testing laboratory for compliance with a battery standard referenced in Underwriters Laboratories (UL) Standard 2272, UL 2271. or such other safety standard approved by the Department of State; and
(2) 
Such certification or the logo, wordmark, or name of such accrediting agency shall be displayed:
(a) 
On packaging or documentation provided at the time of sale for the product; and
(b) 
Directly on the product itself.
A. 
A person who violates Subsection A, B, or C of § 319-48 shall be guilty of a violation punishable as follows:
(1) 
For the first violation, a fine of not more than $1,000; and
(2) 
For each subsequent violation issued for the same offense on a different day within two years of the date of a first violation, a civil penalty of not more than $2,000.
B. 
Each failure to comply with Subsection A, B, or C of § 319-48 with respect to any one stock keeping unit constitutes a separate violation.
This article may be enforced by the Suffolk County Fire Marshal, the Suffolk County Police Department, town and village police departments or local code enforcement officers.