Setting Consumer Standards for Lithium-Ion Batteries Act HR 1797 (April 2024)

UPDATE 5/16/24

So basically a day after I post this it passes through the House committee...next steps unclear..But as you know before bills can become law they must pass in both the Senate and the House.

May 15, 2024, 06:20 PM | 118th Congress, 2nd Session
Vote Question: On Motion to Suspend the Rules and Pass, as Amended
Setting Consumer Standards for Lithium-Ion Batteries Act
Vote Type: 2/3 Yea-And-Nay
Status: Passed

PRIOR POST

This bill was introduced on 3/24/23 and is still sitting in Congress for some reason. Pretty short and pretty simple. All it does is tell CPSC to get rolling on a regulation with in one YEAR of the passage of this law.  As of 4/5/24 it was placed on the Union Calendar, Calendar No. 370 by the House. It is now sitting in the House Committee on Energy and Commerce. The companion bill in the Senate is S 1008.

H. R. 1797

A BILL
To require the Consumer Product Safety Commission to promulgate a consumer product safety standard with respect to rechargeable lithium-ion batteries used in micromobility devices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title.
This Act may be cited as the “Setting Consumer Standards for Lithium-Ion Batteries Act”.
SEC. 2. Consumer product safety standard for certain batteries.
(a) Consumer product safety standard required.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, under section 553 of title 5, United States Code, a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices, including electric bicycles and electric scooters, to protect against the risk of fires caused by such batteries.
(2) INCLUSION OF RELATED EQUIPMENT.—The standard promulgated under paragraph (1) shall include requirements with respect to equipment related to or used with rechargeable lithium-ion batteries used in micromobility devices, including battery chargers, charging cables, external terminals on battery packs, external terminals on micromobility devices, and free-standing stations used for recharging.
(b) CPSC determination of scope.—In promulgating the standard under subsection (a), the Commission shall determine the types of products subject to the standard and shall ensure that such products are—
(1) within the jurisdiction of the Commission; and
(2) reasonably necessary to include to protect against the risk of fires.
(c) Modifications.—At any time after the promulgation of the standard under subsection (a), the Commission may, through a rulemaking under section 553 of title 5, United States Code, modify the requirements of the standard.
(d) Treatment of standard.—A standard promulgated under this section, including a modification of such standard, shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).

Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2020 Conditions of Use

Congress tries to force CPSC to create mandatory standards for lithium batteries under the "Setting Consumer Standards for Lithium-Ion Batteries Act” introduced in March 2023

As we all know CPSC has been trying for force manufactures of e bikes and other related mobility devices to use existing UL standards in the manufacture of these devices. The worst offenders will of course ignore these polite non binding requests. We also know the CPSC is going to have a meeting in July 2023 to "discuss" batteries but we really are not sure what will come of such meeting(s). In the past the CPSC has resisted calls to create mandatory standards when in their opinion a voluntary standard seems to be solving the problem. (see 15 USC 2058)  Many have argued the voluntary UL standards are not working as adherence to them is low and only done by high end manufacturers. So Congress has stepped in under Senate bill 1008 introduced in March 2023. (in the same way they did to force the CPSC to create the massively confusing lead laws and related laws under CPSIA in 2008) Stay tuned to this blog for updates on the status of this bill.

Senate Bill 1008 (March 2023) (related bill HR 1797)

SECTION 1. Short title.

This Act may be cited as the “Setting Consumer Standards for Lithium-Ion Batteries Act”.

SEC. 2. Consumer product safety standard for certain batteries.

(a) Consumer product safety standard required.—Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, under section 553 of title 5, United States Code, a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices within the jurisdiction of the Commission, including electric bicycles and electric scooters, to protect against the risk of fires caused by such batteries.

(b) CPSC determination of scope.—The Consumer Product Safety Commission shall specify the types of rechargeable lithium-ion batteries and the types of micromobility devices within the jurisdiction of the Commission that are within the scope of subsection (a) as part of a standard promulgated under this section, as reasonably necessary to protect against the risk of fires caused by rechargeable lithium-ion batteries in consumer products.

(c) Treatment of standard.—A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).

Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2023 Conditions of Use