CPSC withdraws the notice of proposed rulemaking to establish a safety standard for lithium-Ion batteries used in mobility products

In recent weeks, the Consumer Product Safety Commission (CPSC) voted three to two to move forward with a notice of proposed rulemaking (NPR) regarding the new safety standard for lithium ion batteries. Since that occurred, however, Trump fired all three Democratic commissioners on May 8th, 2025. As a result, the remaining two Republican commissioners acting chair Peter Feldman and commissioner Douglas Dziak voted unanimously on May 13th to withdraw the notice of proposed rulemaking to establish a safety standard for lithium-Ion batteries used in mobility products and electrical systems of mobility products containing such batteries. The very terse order can be read here.

As some of you may know, the draft safety standard was referred to the Office of information and Regulatory Affairs, which reviews and coordinates proposed regulations to ensure that they comply with President Trump's agenda. No word on what happened with this NPR with respect to that department. However, it doesn't really matter as the notice of proposed rulemaking has been killed.

As you also probably know from reading this blog, there is proposed legislation on lithium ion batteries in mobility devices and it's still moving through Congress. The house passed HR 973 on April 28th 2025 and if the Senate goes along with this and also passes it under its companion bill, it would then require the CPSC to only make the three current UL voluntary standards, UL 2271, UL 2849 and UL2272, mandatory. The notice of proposed rulemaking would have gone beyond the voluntary standards for all of the reasons laid out in the notice of proposed rulemaking. Of course, industry would have been given an opportunity to offer suggestions to the notice of proposed rulemaking, but that will not happen at this point. And of course we are not sure at this point if the legislation will pass the senate. Also if the three CPSC commissions successfully sue for their jobs back this could be reversed again, of course adding more uncertainty to manufacturers already full plate of “tariff uncertainty”. Watch this space for further developments.

Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2025 Conditions of Use

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

California bill aims to require drivers licenses for unlicenced users of class three e bikes

This new bill that appears to have been first proposed in July 2023 looks to prevent children under age 12 from using any class of e bike. For those over 12 they can operate class 1 and 2 e bikes but for class 3 e bikes you must be 16 or older (part of existing law) and posses "the new" class three users license and also wear an approved helmet (part of existing law). Not a completely bad idea but license training and issuance for kids (and adults with no vehicle drivers license) seems like a big challenge in this state where we can hardly manage vehicle drivers licenses (digital vehicle licenses were promised Jan 2023 and still have not happened). Specifically the bill states it is the "intent of the Legislature to create an e-bike license program with an online written test and a state-issued photo identification for those persons without a valid driver’s license". So again this is a bit broader than it appears at first blush. It appears the intent of the law is if you don't have a "vehicle" drivers license then you would need to get a "class 3 e bike license" regardless of your age. As I like to say about California we are really good at churning out thousands of new laws every year but we are not so good at implementing and enforcing them. Welcome to California.

Another thing to note about the bill is that appears to have been created using a "gut and amend" procedure. This controversial legislative maneuver is when a lawmaker takes an existing bill that has already been approved by several committees or even one house of the Legislature, strips the contents and adds in new unrelated bill language. You can see traces of the old bill in the current bill (one involving natural resources) This procedure has been around for years and is typically done when new legislation is desired but the window to submit a new bill has passed. Its also used for more troubling tactics as noted here. These bills can end up being sneaky and hard to track.

It will be interesting to see if this gets any traction. Most bills don't make it thru the full legislative session. All bills must be approved by Sept 14 2023 or they die. Then you have the veto process and Governor Newsom does Veto quite a few bills that don't fit with his agenda. That is in Oct.

Stay tuned to this page for updates on this proposed legislation.

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