SB 365 - AS INTRODUCED
2024 SESSION
24-2971
10/05
SENATE BILL 365
SPONSORS: Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Soucy, Dist 18; Sen. Birdsell, Dist 19; Sen. D'Allesandro, Dist 20; Sen. Ricciardi, Dist 9; Rep. Burroughs, Carr. 2
COMMITTEE: Commerce
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ANALYSIS
This bill prohibits sales of lithium-ion batteries and electric bicycles or electric scooters that have not been certified by a nationally recognized testing laboratory.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2971
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Sales of Electric Bicycle or Scooter Batteries. Amend RSA by inserting after chapter 339-G the following new chapter:
CHAPTER 339-H
SALES OF ELECTRIC BICYCLE OR SCOOTER BATTERIES
339-H:1 Definitions. In this chapter:
I. "Lithium-ion battery" means a storage battery in which an electrical current is generated by lithium ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture of gelled polymer electrolyte.
II. "Second-use lithium-ion battery" means a lithium-ion battery that has been assembled or recondition using cells removed from used batteries.
III. "Electric scooter" means a personal device with no more than 3 wheels that has handlebars, is designed to be stood upon by the operator, and is powered by an electric motor that is capable of propelling the device with or without human propulsion at a speed of no more than 35 kilometers per hour on a paved level surface.
339-H:2 Sales of Electric Bicycle or Scooter Batteries.
I. No person, firm, partnership, association, or corporation shall manufacture, distribute, or sell in the state any lithium-ion batteries or chargers for any light electric-powered vehicle or personal electric mobility device such as an electric bicycle or electric scooter that have not been certified by a nationally recognized testing laboratory for compliance with Underwriters-Labratories Standard 2271, Underwriters-Labratories Standard 2272, or, if such a battery is part of a complete electrical system, Underwriters-Labratories Standard 2849, or other such similar standard as approved by the New Hampshire state fire marshal.
II. Such certification, or the logo, wordmark, or name of such nationally recognized testing laboratory must be displayed on the packaging of the product, on documentation included at the time of sale, or directly on the product itself.
III. No powered bicycle or powered mobility device, or storage battery for a powered bicycle or powered mobility device shall be required to display the certification of the logo, wordmark, or name of an accredited testing laboratory as required by this section if such powered bicycle, powered mobility device, or associated storage battery:
(a) Is being sold or leased second-hand, or is being rented; and
(b) Does not include packaging, or does not include printed documentation, at the time of distribution, sale, lease, rental or offer for sale, lease or rental, as applicable.
IV. A violation of this section shall be punishable by a civil fine of not more than $250 for the first offense and not more than $1,000 for each subsequent offense.
339-H:3 Sale of Second-use Lithium-Ion Battery.
I. No person shall distribute, assemble, recondition, sell, or offer for sale a second-use lithium-ion battery intended for use in a bicycle with electric assistance as defined in RSA 259:27-a, an electric scooter, a limited-used motorcycle as defined in RSA 259:77-a, or a powered mobility device as defined in RSA 269:1.
II. This section shall not apply to any vehicle that is capable of being registered with the New Hampshire division of motor vehicles.
III. A violation of this section shall be punishable by a civil fine of not more than $250 for the first offense and not more than $1,000 for each subsequent offense.
339-H:4 Electric Bicycles and Electric Scooter Sales.
I. Every bicycle with electric assist for sale in the state shall be equipped with a battery that has been tested and approved by, and contains the seal of, the Underwriters-Labratories or another nationally recognized testing laboratory.
II. Every electric scooter for sale in the state shall be equipped with a battery that has been tested and approved by, and contains the seal of, the Underwriters-Labratories or another nationally recognized testing laboratory.
339-H:5 Counterfeit Certification. The attachment by a person or business of a counterfeit Underwriters-Laboratories certification or that of another nationally recognized testing laboratory shall be punishable by a civil fine of not more than $250 for the first offense and not more than $1,000 for each subsequent offense.
2 Effective Date. This act shall take effect January 1, 2025.
| Date | Body | Type |
|---|---|---|
| Jan. 4, 2024 | Senate | Hearing |
| Jan. 18, 2024 | Senate | Floor Vote |
| Jan. 18, 2024 | Senate | Floor Vote |
| April 24, 2024 | House | Hearing |
| May 15, 2024 | House | Exec Session |
| Oct. 17, 2024 | House | Exec Session |
| House | Floor Vote |
Oct. 31, 2024: Interim Study Report: Not Recommended for Future Legislation (Vote 16-0)
Sept. 25, 2024: Executive Session: 10/17/2024 10:00 am LOB 302-304
Aug. 14, 2024: Full Committee Work Session: 09/11/2024 10:00 am LOB 302-304
May 23, 2024: Refer for Interim Study: MA VV 05/23/2024 HJ 14 P. 4
May 16, 2024: Committee Report: Refer for Interim Study 05/15/2024 (Vote 18-0; CC) HC 20 P. 6
May 8, 2024: Executive Session: 05/15/2024 10:00 am LOB 302-304
May 1, 2024: Subcommittee Work Session: 05/08/2024 10:00 am LOB 302-304
April 9, 2024: Public Hearing: 04/24/2024 01:45 pm LOB 302-304
Feb. 29, 2024: Introduced (in recess of) 02/22/2024 and referred to Commerce and Consumer Affairs HJ 6 P. 138
Jan. 18, 2024: Ought to Pass: MA, VV; OT3rdg; 01/18/2024; SJ 2
Jan. 10, 2024: Committee Report: Ought to Pass, 01/18/2024; Vote 5-0; CC; SC 3
Jan. 10, 2024: Committee Report: Ought to Pass, 01/18/2024; Vote 5-0; CC; SC 3
Dec. 19, 2023: Hearing: 01/04/2024, Room 100, SH, 09:20 am; SC 49
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Commerce; SJ 1