WASHINGTON (BRAIN) — Legislation intended to keep the government funded until the spring gives the Consumer Product Safety Commission authority to adopt mandatory UL safety standards.
The UL testing standards mentioned in the legislation are 2849 (e-bike electrical system), 2271 (lithium-ion battery), and 2272 (other powered mobility devices, including e-scooters). Absent, though, are the EN 15194 testing standard and three additional UL 2849 battery safety standards that industry members have proposed to be included.
The language included is amended from an e-mobility bill sponsored by a New York representative.
According to PeopleForBikes, which sent an email Wednesday about the legislation, the resolution likely will pass and be signed by President Joe Biden to fund the government, and the CPSC could issue a final rule adopting UL 2849 and 2271 as a mandatory safety standard within six months. A grace period of six months likely would be allowed.
"During the regulatory process, we will continue pushing for favorable action by the CPSC, including adopting EN 15194 as an additional or temporary standard and extending the effective date," according to PeopleForBikes. "In the worst case scenario, UL 2849 will be a mandatory CPSC e-bike drive system standard roughly a year from now. We will continue working with our regulatory counsel, Erika Jones, to better understand and pursue any available options for the industry."
The language comes from the House of Representatives' bipartisan Setting Consumer Standards for Lithium-Ion Batteries Act — introduced by Rep. Ritchie Torres of New York and passed by the House in May — which would establish a federal safety standard for lithium-ion batteries in mobility devices and would give the CPSC authority to create that standard.
PeopleForBikes said in the email that it was made aware of the amended language last week and contacted the House and Senate committee leadership with concerns about the omissions of the European standard and the other UL standards.
"Our efforts did not prevail, and we were told all four congressional leaders from both parties already agreed on language drafted by Sen. (Ted) Cruz. That amended bill language was then included in the budget resolution."
Two years ago, the CPSC urged e-bike manufacturers and importers and other micromobility devices to comply with relevant safety standards, including UL 2849. The CPSC said it sent the letter to more than 2,000 manufacturers and importers.