S-389 : Still Just a Bill

The Setting Consumer Standards for Lithium-Ion Batteries Act (S. 389) mandates the Consumer Product Safety Commission (CPSC) to establish safety standards for lithium-ion batteries used in light electric vehicles, e-bikes, and personal e-mobility devices. Key provisions include:

• Adoption of Existing Standards: The CPSC must adopt ANSI/CAN/UL 2271, ANSI/CAN/UL 2849, and ANSI/CA/UL 2272 standards as final consumer product safety standards within 180 days of the Act's enactment.
• Scope Limitation: The CPSC will apply these standards specifically to consumer products, as defined in the Consumer Product Safety Act.
• Revision Process: If these standards are revised, the revising organization must notify the CPSC. The revised standard then becomes the new consumer product safety standard unless the CPSC determines that the revision does not improve safety.
• Enforcement: Standards are treated as consumer product safety rules under Section 9 of the Consumer Product Safety Act, granting the CPSC enforcement powers.
• Reporting Requirement: Within five years, the CPSC must submit a report to Congress detailing fires, explosions, and other hazards related to lithium-ion batteries in micromobility products, including information on the source of the report, the product's make and model, compliance with the standard, and manufacturer/country of origin.