S3933

An Act concerning the sale or lease of certain bicycles, scooters, and batteries, creating a fire risk awareness campaign, and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Commission” means the New Jersey Fire Safety Commission within the Department of Community Affairs.

“Division” means the Division of Highway Traffic Safety in the Department of Law and Public Safety.

“Lithium-ion battery” means any button, coin, cylindrical, rectangular or other shaped dry cell battery consisting of lithium and other chemicals commonly used in electrical devices.

“Low-speed electric bicycle” means the same as that term is defined in R.S.39:1-1, except not including wheelchairs or other mobility devices designed for use by persons with disabilities.

“Low-speed electric scooter” means the same as that term is defined in R.S.39:1-1, except not including wheelchairs or other mobility devices designed for use by persons with disabilities.

“Motorized bicycle” means the same as that term is defined in R.S.39:1-1 and includes only those motorized bicycles that are powered by an electric motor and shall not include wheelchairs or other mobility devices designed for use by persons with disabilities.

“Motorized scooter” means the same as that term is defined in R.S.39:1-1 and includes only those motorized scooters that are powered by an electric motor and shall not include wheelchairs or other mobility devices designed for use by persons with disabilities.

“Storage battery” means a battery or cell used for storing electrical energy.

“Underwriters Laboratories” or “UL” means the global safety science company composed of UL Research Institutes, UL Standards & Engagement and UL Solutions.

2. a. A person shall not:

(1) assemble or recondition a lithium-ion battery using cells removed from used storage batteries for use in a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter; or

(2) sell or offer for sale a lithium-ion battery that uses cells removed from used storage batteries for use in a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter.

b. (1) A person who violates this section, or any rule promulgated thereunder, shall be issued a written warning for the first violation, and shall be liable for a civil penalty of not more than $1,000 for the second and each subsequent violation issued for the same offense on a different day within two years of the date of a first violation.

(2) For the purposes of this subsection, a subsequent violation occurring more than two years after a previous violation shall be considered a first violation.

3. a. Except as provided in subsection d. of this section, a person shall not distribute, sell, lease, rent, or offer for sale, lease, or rental a low-speed electric bicycle or motorized bicycle unless:

(1) the electrical system for the bicycle has been certified by an accredited testing laboratory for compliance with UL standard 2849, or such other safety standard as the division has established; and

(2) such certification or the logo, wordmark, or name of such accredited testing laboratory is displayed: (a) on the packaging or documentation provided at the time of sale of the low-speed electric bicycle or motorized bicycle; or (b) directly on the low-speed electric bicycle or motorized bicycle or on the battery of such bicycle.

b. Except as provided in subsection d. of this section, a person shall not distribute, sell, lease, rent, or offer for sale, lease, or rental, a low-speed electric scooter or motorized scooter unless:

(1) the electrical system for the scooter has been certified by an accredited testing laboratory for compliance with UL standard 2272, or such other safety standard as the division has established; and

(2) such certification or the logo, wordmark, or name of such accredited testing laboratory is displayed: (a) on the packaging or documentation provided at the time of sale of the low-speed electric scooter or motorized scooter; or (b) directly on the low-speed electric scooter or motorized scooter or on the battery of such scooter.

c. Except as provided in subsection d. of this section, a person shall not distribute, sell, lease, rent, or offer for sale, lease or rental a storage battery for a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter unless:

(1) the storage battery has been certified by an accredited testing laboratory for compliance with UL standard 2271, or such other safety standard as the division has established; and

(2) such certification or the logo, wordmark, or name of such accredited testing laboratory is displayed: (a) on the packaging or documentation provided at the time of sale of the storage battery; or (b) directly on the storage battery.

d. Notwithstanding any provision of this section to the contrary, a person shall not be required to display the certification or the logo, wordmark, or name of an accredited testing laboratory on a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, motorized scooter, or storage battery, as required by subsections a., b., or c. of this section, if the low-speed electric bicycle, motorized bicycle, low-speed electric scooter, motorized scooter, or storage battery:

(1) is sold or leased second-hand, or is rented; and

(2) does not include packaging or printed documentation, at the time of sale, lease, rental or offer for sale, lease, or rental, as applicable.

e. (1) A person who violates this section, or any rule promulgated thereunder, shall be issued a written warning for the first violation, and shall be liable for a civil penalty of not more than $1,000 for the second and each subsequent violation issued for the same offense on a different day within two years of the date of a first violation.

(2) For the purposes of this subsection, a subsequent violation occurring more than two years after a previous violation shall be considered a first violation.

4. A business entity that uses one or more low-speed electric bicycles or motorized bicycles for commercial purposes in this State shall provide to each employee that operates a bicycle as part of the employee’s professional duties, any fire safety materials identified by the division, in consultation with the commission, concerning the operation or storage of the bicycles, including, but not limited to, any applicable materials developed by the bicycle manufacturer. The business entity shall provide these materials to its bicycle operators no later than 60 days after the effective date of P.L. ,

c. (C. ) (pending before the Legislature as this bill), or no later than 60 days after the date of hire of subsequent bicycle operators. The materials shall be provided in English and in any additional languages deemed appropriate and necessary by the division. The division shall publish such materials on the division’s Internet website and provide such materials to each employee who operates a low-speed electric bicycle or motorized bicycle as part of the employee’s professional duties.

5. a. The division, in consultation with the New Jersey Motor Vehicle Commission and the commission, shall develop an informational campaign to educate the public on the fire risks posed by low-speed electric bicycles, motorized bicycles, low-speed electric scooters, and motorized scooters and the safety measures that can be taken to mitigate such risks. The campaign shall address both commercial and personal use of low-speed electric bicycles, motorized bicycles, low-speed electric scooters, and motorized scooters and shall include, but not be limited to, guidance on:

(1) purchasing a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter and battery equipment that meet established fire safety standards;

(2) maintenance and care information for low-speed electric bicycles, motorized bicycles, low-speed electric scooters, or motorized scooters and lithium-ion batteries; and

(3) storage and charging precautions for low-speed electric bicycles, motorized bicycles, low-speed electric scooters, or motorized scooters and lithium-ion batteries.

b. The division shall develop an outreach campaign to instruct business entities that repair, sell, rent, or lease low-speed electric bicycles, motorized bicycles, low-speed electric scooters, or motorized scooters relating to the fire risks posed by such devices and the safety measures that can be taken to mitigate such risks, including, but not limited to, the information contained in the instructional campaign developed pursuant to subsection a. of this section. The outreach campaign shall also inform business entities of the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The informational and outreach campaigns developed pursuant to this section shall contain, but not be limited to, the use of print, online, and social media advertisements, public service announcements, and public forums.

6. No later than January 1 next following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and annually thereafter, the division shall submit to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report relating to safety measures to mitigate fire risks posed by low-speed electric bicycles, motorized bicycles, low-speed electric scooters, and motorized scooters. The report shall include, but need not be limited to:

a. information on all fires reported during the prior calendar year in which a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter was determined to be the cause of such fire, including the geographic location and building occupancy type where the fire occurred, and whether circumstances at each location indicated compliance with relevant fire code and administrative code provisions, provided that such information can be ascertained;

b. a review of existing fire and administrative code provisions governing the purchase, use, storage and charging of low-speed electric bicycles, motorized bicycles, low-speed electric scooters, and motorized scooters, and an evaluation of additional measures that could further mitigate fire risks posed by low-speed electric bicycles, motorized bicycles, low-speed electric scooters, and motorized scooters;

c. a summary of relevant activities taken by the division to decrease the occurrence of fires caused by low-speed electric bicycles, motorized bicycles, low-speed electric scooters, or motorized scooters, including a summary of all related inspections or enforcement actions, and other fire prevention activities; and

d. information concerning the actions undertaken by the division in developing and administering the informational and outreach campaigns required under section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill)

7. This act shall take on the first day of the sixth month next following enactment.

STATEMENT

This bill makes it unlawful to assemble, recondition, or sell a lithium-ion battery using cells removed from used storage batteries. Additionally, the bill prohibits the sale, lease, or rental of a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, motorized scooter, or storage battery for a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter unless certain standards concerning the storage battery and electrical system of the bicycle and scooter are met. Failure to comply with certain of the bill’s provisions will result in the issuance of a written warning for the first violation, and a civil penalty of not more than $1,000 for the second and each subsequent violation issued for the same offense on a different day within two years of the date of a first violation.

The bill also requires businesses who use a low-speed electric bicycle or motorized bicycle for commercial purposes to provide its employees that operate these bicycles with fire safety materials. The Division of Highway Traffic Safety in the Department of Law and Public Safety (division) is required to publish the fire safety materials on its Internet website and provide the materials to each employee who operates a low-speed electric bicycle or motorized bicycle.

The division is required to develop an informational campaign to educate the public on the fire risks posed by low-speed electric bicycles, motorized bicycles, low-speed electric scooters, and motorized scooters and the safety measures that can be taken to mitigate such risks. The campaign is to address both commercial and personal use of low-speed electric bicycles, motorized bicycles, low-speed electric scooters, and motorized scooters and include information on the purchasing of low-speed electric bicycles, motorized bicycles, low-speed electric scooters, motorized scooters, and battery equipment that meet established fire safety standards, as well as the proper maintenance and storage of low-speed electric bicycles, motorized bicycles, low-speed electric scooters, motorized scooters, and lithium-ion batteries. The division is also to engage in an outreach campaign to certain business entities relating to fire risks posed by the devices and the safety measures to mitigate fire risk.

Finally, the division is required to submit reports to the Governor and to the Legislature. The reports are to include information on all fires that were reported during the prior calendar year in which a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter was determined to be the cause of such fire and a review of existing fire and administrative code provisions governing the purchase, use, storage and charging of low-speed electric bicycles, motorized bicycles, low-speed electric scooters, or motorized scooters, and an evaluation of additional measures that could mitigate fire risks.