ASSEMBLY, No. 3875

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED FEBRUARY 27, 2024

 


 

Sponsored by:

Assemblyman  JAMES J. KENNEDY

District 22 (Somerset and Union)

Assemblyman  WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Assemblywoman  GARNET R. HALL

District 28 (Essex and Union)

 

Co-Sponsored by:

Assemblywoman Speight

 

 

 

 

SYNOPSIS

     Requires testing of electrical systems of certain electric bicycles, powered mobility devices, and batteries prior to sale, rental, lease, or other distribution to consumers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the electrical systems of certain electric bicycles, powered mobility devices, and batteries, and supplementing Title 39 of the Revised Statutes.

 

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

 

     1.  a.  As used in this section:

     "Bicycle" means the same as that term is defined in R.S.39:4-14.5.

     "Department" means the Department of Transportation.

     "Low-speed electric bicycle" means the same as that term is defined in R.S.39:1-1.

     "Low-speed electric scooter" means the same as that term is defined in R.S.39:1-1.

     "Powered mobility device" means a low speed electric scooter or other personal mobility device powered by a lithium-ion or other storage battery. “Powered mobility device” does not include any vehicle that is capable of being registered with the New Jersey Motor Vehicle Commission.

     "Stock keeping unit" means a grouping of items, offered for sale, which are of the same brand name and variety, and which have the same quantity of contents and retail price.

     b.  No person shall sell, lease, rent, or otherwise distribute, or shall offer for sale, lease, rental, or distribution, a low-speed electric bicycle, unless:

     (1) the electrical system of the low-speed electric bicycle has been tested by an accredited testing laboratory for compliance with Underwriters Laboratories Standard 2849 or such other safety standard as the department has established by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Department of Law and Public Safety; and

     (2) confirmation of the testing required pursuant to paragraph (1) of this subsection is displayed using a logo, wordmark, or name of the accredited testing laboratory:  (a) on packaging or documentation provided, to the consumer, at the time of sale, rental, lease, or other distribution of the low-speed electric bicycle thereto; or (b) directly affixed to the low-speed electric bicycle or its battery.

     c.  No person shall sell, lease, rent, or otherwise distribute, or shall offer for sale, lease, rental, or distribution, a powered mobility device, unless:

     (1) the electrical system of the powered mobility device has been tested by an accredited testing laboratory for compliance with Underwriters Laboratories Standard 2272, or such other safety standard as the department has established by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Department of Law and Public Safety; and

     (2) confirmation of the testing required pursuant to paragraph (1) of this subsection is displayed using a logo, wordmark, or name of the accredited testing laboratory:  (a) on packaging or documentation provided to the consumer at the time of sale, rental, lease, or other distribution of the powered mobility device thereto; or (b) directly affixed to the powered mobility device or its battery.

     d.  No person shall sell, lease, rent, or otherwise distribute, or shall offer for sale, lease, or rental, or distribution, a storage battery for a low-speed electric bicycle, or a storage battery for a powered mobility scooter, unless:

     (1) the storage battery has been tested, by an accredited testing laboratory, for compliance with Underwriters Laboratories Standard 2271 or such other safety standard as the department has established by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Department of Law and Public Safety, or the storage battery is part of an electrical system that has been tested pursuant to subsection b. or c. of this section, as appropriate; and

     (2) confirmation of the testing required pursuant to paragraph (1) of this subsection is displayed using a logo, wordmark, or name of the accredited testing laboratory:  (a) on packaging or documentation provided to the consumer at the time of sale, rental, lease, or other distribution of the storage battery thereto; or (b) directly affixed to the storage battery.

     e.  A low-speed electric bicycle, powered mobility device, or storage battery  used to power such a low-speed electric bicycle or powered mobility device shall not be required to display the logo, wordmark, or name of an accredited testing laboratory, as otherwise required pursuant to subsections b. through d. of this section, if it:

     (1) is sold, rented, leased, or otherwise distributed to consumers on a second-hand basis; and

     (2) does not include packaging or printed documentation at the time of sale, rental, lease, or other distribution to the consumer.

     f.  (1)  Any person who violates the provisions of this section shall be subject to:  (a) a written warning for a first offense; and (b) a penalty of up to $1,000 for each subsequent offense occurring no later than two years after the date of the first offense. 

     (2)   Any penalty applicable under this subsection shall be collected, by the State, either in a summary civil proceeding commenced under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested.  The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999” in accordance with the provisions of this section.

     (3)  Each failure to comply with the provisions of subsections b. through d. of this section, with respect to any single stock keeping unit, shall constitute an additional, separate, and distinct violation. 

     (4)  The department may institute a civil action for injunctive relief to enforce the provisions, or to prevent a violation, of this section, and the court may proceed in the action in a summary manner.

 

     2.  This act shall take effect of the first day of the eighth month next following the date of enactment.

 

 

STATEMENT

 

     This bill would prohibit the sale, lease, rental, or other distribution, and the offering for sale, lease, rental, or other distribution, of a low-speed electric bicycle, powered mobility device, or storage battery used to power such an electric bicycle or mobility device, unless:

     (1) the bicycle, mobility device, or battery has been tested by a accredited testing laboratory for compliance with an appropriate Underwriters Laboratories standard or other appropriate standard established by the Department of Transportation; and

     (2) confirmation of the testing is displayed using a logo, wordmark, or name of the accredited testing laboratory, either on packaging or documentation that is provided to the consumer at the time of sale, rental, lease, or other distribution thereto, or directly affixed to the bicycle, mobility device, or battery.

     Persons who violate the bill's provisions would be subject to a written warning for a first offense and a penalty of up to $1,000 for each subsequent offense occurring no later than two years after the date of the first offense.  The bill would take effect on the first day of the eighth month next following enactment.