S389-119

1. Short title This Act may be cited as the Setting Consumer Standards for Lithium-Ion Batteries Act.

2. Consumer product safety standard for certain batteries Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission (referred to in this section as the Commission) shall promulgate, under section 553 of title 5, United States Code, the provisions of ANSI/CAN/UL 2271–Standard for Batteries for Use in Light Electric Vehicle Applications, ANSI/CAN/UL 2849–Standard for Safety for Electrical Systems for eBikes, and ANSI/CAN/UL 2272–Standard for Electrical Systems for Personal E-Mobility Devices, as in effect on the date of enactment of this Act, as final consumer product safety standards. In adopting the standards under subsection (a), the Commission shall limit the application of such standards to consumer products as defined in section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)). If the provisions of ANSI/CAN/UL 2271–Standard for Batteries for Use in Light Electric Vehicle Applications, ANSI/CAN/UL 2849–Standard for Safety for Electrical Systems for eBikes, or ANSI/CAN/UL 2272–Standard for Electrical Systems for Personal E-Mobility Devices, are revised following the enactment of this Act, the organization that revised the requirements of such standard shall notify the Commission after the final approval of the revision. The revised voluntary standard shall be considered to be a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after the date on which the organization notifies the Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after receiving that notice, the Commission notifies the organization that it has determined that the proposed revision, in whole or in part, does not improve the safety of the consumer product covered by the standard and that the Commission is retaining the existing consumer product safety standard. A standard promulgated under this section, including a revision of such standard adopted by the Commission, shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). Not later than 5 years after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report regarding fires, explosions, and other hazards relating to lithium-ion batteries used in micromobility products during the period beginning on the date of enactment of this Act and ending on the report date. The report required by paragraph (1) shall describe, at a minimum— the source of the information that was provided to the Commission regarding the fire, explosion, or other hazard; the make and model of the lithium-ion battery and micromobility product that resulted in a fire, explosion, or other hazard, if known; whether a lithium-ion battery involved in a fire, explosion, or other hazard complied with the standard required by this section, if known; and if known, the manufacturer and country of manufacture of a lithium-ion battery that resulted in a fire, explosion, or other hazard.