S3111

An Act concerning the sale and use of second-use lithium-ion batteries and the storage of powered mobility devices that contain lithium-ion batteries and supplementing Title 13 and Title 52 of the Revised Statutes.

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

1. As used in sections 1 through 4 of this act:

“Department” means the Department of Environmental Protection.

“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.

“Powered mobility device” means a low-speed electric bicycle, motorized bicycle, low-speed electric scooter, or motorized scooter.

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

2. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, beginning one year after the effective date of this act, no person shall:

(1) assemble, recondition, or repair a lithium-ion battery using cells removed from used storage batteries for use in a powered mobility device;

(2) sell, offer for sale, or distribute a lithium-ion battery that uses cells removed from used storage batteries for use in a powered mobility device; or

(3) use a lithium-ion battery that uses cells removed from used storage batteries in a powered mobility device.

b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, beginning one year after the effective date of this act, no person shall charge or store a lithium-ion battery for a powered mobility device within any:

(1) common area, basement, attic, or below ground garage of a multi-family residential property; or

(2) utility room, closet, underground garage, or exit access, egress, or exit of a commercial building within any business or vacant property.

3. a. The department shall develop a process, which shall be made available on the department’s Internet website, for:

(1) individuals to file complaints related to violations of the provisions of this act;

(2) licensed fire inspectors or fire officials to notify the department concerning violations of the provisions of this act that were detected during a fire inspection pursuant to section 5 of this act.

b. The department shall regularly monitor complaints and notifications received pursuant to subsection a. of this subsection and take action necessary to ensure compliance with the provisions of this act.

4. A person who violates the provisions of this act shall be issued a written warning for the first violation and shall be subject to a civil penalty of not more than $2,000 for the second and each subsequent violation, to be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999” in connection with this act. Each noncompliant battery shall constitute a separate and distinct offense. The department and entities certified pursuant to the “County Environmental Health Act,” P.L.1977, c.443 (C.26:3A2-21 et seq.) shall assume enforcement responsibility for violations of the provisions of this act.

5. a. As used in this section:

“Department” means the Department of Environmental Protection.

“Lithium-ion battery” means the same as the term is defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Powered mobility device” means the same as the term is defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. All fire inspections that are conducted at a multi-family residential property or commercial building shall include an inspection for the proper charging and storage of lithium-ion batteries for powered mobility devices to determine compliance with the provisions of this act. If a licensed fire inspector or fire official detects a violation of the provisions of this act during a fire inspection, the licensed fire inspector or fire official shall immediately notify the department.

6. This act shall take effect immediately.

STATEMENT

This bill would prohibit, beginning one year after the bill’s effective date, the assembling, reconditioning, and repairing of a lithium-ion battery using cells removed from used storage batteries for use in a powered mobility device. In addition, this bill would prohibit, beginning one year after the bill’s effective date, the sale, distribution, and use of lithium-ion batteries using cells removed from used storage batteries for use in powered mobility devices.

The bill would also prohibit, beginning one year after the bill’s effective date, a person from charging or storing a lithium-ion battery for a powered mobility device within any: (1) common area, basement, attic, or below ground garage of a multi-family residential property; or (2) utility room, closet, underground garage, or exit access, egress, or exit of a commercial building within any business or vacant property.

The Department of Environmental Protection (department) would be required to develop a process for: (1) individuals to file complaints related to violations of the bill’s provisions; and (2) licensed fire inspectors or fire officials to notify the department concerning violations of the bill’s provisions that were detected during a fire inspection. Under the bill, all fire inspections that are conducted at a multi-family residential property or commercial building would be required to include an inspection for the proper charging and storage of lithium-ion batteries for powered mobility devices to determine compliance with the bill’s provisions. If a licensed fire inspector or fire official detects a violation of the bill’s provisions during a fire inspection, the licensed fire inspector or fire official would be required to immediately notify the department.

Finally, a person that violates the bill’s provisions would be issued a warning for first offense and subject to a civil penalty of not more than $2,000 for the second and each subsequent offense. Each noncompliant battery would constitute a separate and distinct offense. The department and entities that are certified pursuant to the “County Environmental Health Act” would be responsible for enforcing violations of the bill’s provisions.