Dear NBDA Members in New York State,

We hope this message finds you well. We are writing to inform you about a significant legislative update that impacts the bicycle industry in New York State. 

Governor Kathy Hochul has recently signed Assembly Bill A4938 into law. This bill sets new standards for the manufacture and sale of lithium-ion batteries used in micromobility devices, electric-assist bicycles, and limited-use motorcycles.

Key Provisions of Assembly Bill A4938:

1. Prohibited Actions

The sale, lease, or rental of lithium-ion batteries and second-use lithium-ion batteries used in micromobility devices and electric-assist bicycles is prohibited unless they comply with specified safety standards.

The manufacture, distribution, assembly, reconditioning, sale, lease, or rental of these batteries is also prohibited unless they meet these standards.

2. Certification Requirements

Lithium-ion batteries must be certified by an accredited testing laboratory for compliance with relevant safety standards, including UL 2849, UL 2271, or EN 15194.

Certification must be visibly displayed on the product packaging or documentation at the time of sale and directly on the product itself.

3. Enforcement

District attorneys, county attorneys, and corporation counsels have the authority to seek relief for violations of this law.

Civil penalties will be imposed for non-compliance.

Effective Date:

The law goes into effect on August 20, 2025.

Action Items for Retailers:

• Review the Bill

Familiarize yourself with the details of Assembly Bill A4938 to ensure compliance. The full text of the bill is available here: https://www.nysenate.gov/legislation/bills/2023/A4938/amendment/D?utm_campaign=subscriptions&utm_content=signed_by_gov&utm_medium=email&utm_source=ny_state_senate 

• Evaluate Inventory

Assess your current inventory of lithium-ion batteries and related products to ensure they meet the new standards.

• Supplier Communication

Reach out to your suppliers to confirm that the lithium-ion batteries you purchase moving forward will comply with the required certifications.

• Update Practices

Adjust your sales, leasing, and rental practices to align with the new regulations.

Additional Resources:

We recommend consulting with legal counsel to fully understand the implications of this law for your business.