Setting Consumer Standards for Lithium-Ion Batteries Act
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Would require the Consumer Product Safety Commission to issue binding safety standards for lithium-ion batteries used in e-bikes, electric scooters, and similar micromobility devices within 180 days of enactment — converting existing voluntary industry standards into enforceable federal rules.
Lithium-ion battery fires in micromobility devices have caused deaths, injuries, and significant property damage in cities across the country, making federal safety requirements a pressing public safety question.
What this bill would do
What it would do
The bill would require the Consumer Product Safety Commission (CPSC) to promulgate final consumer product safety standards for lithium-ion batteries used in light electric vehicles and personal e-mobility devices — specifically e-bikes and electric scooters — within 180 days of enactment. The standards it must adopt are three existing voluntary safety standards jointly developed by the American National Standards Institute, the Standards Council of Canada, and UL Solutions Inc.: ANSI/CAN/UL 2271 (batteries for light electric vehicles), ANSI/CAN/UL 2849 (electrical systems for e-bikes), and ANSI/CAN/UL 2272 (electrical systems for personal e-mobility devices). Once adopted, the standards would be treated as enforceable consumer product safety rules under federal law.
The bill also establishes a mechanism for future updates: if any of the three voluntary standards are revised, the revised version would automatically become the new federal standard 180 days after the CPSC is notified, unless the Commission determines within 90 days that the revision does not improve safety. Additionally, the CPSC would be required to report to Congress within five years on fires, explosions, and other hazards involving lithium-ion batteries in micromobility products during that period.
Key provisions
- 1Would require the CPSC to promulgate the three ANSI/CAN/UL voluntary standards for e-bike and e-scooter batteries as binding federal consumer product safety standards within 180 days of enactment.
- 2Would limit the standards' application to consumer products as defined in the Consumer Product Safety Act, keeping commercial and industrial products outside the rule's scope.
- 3Would establish an automatic adoption mechanism: future revisions to the three standards would become federal law 180 days after the CPSC is notified, unless the Commission rejects the revision within 90 days.
- 4Would require the CPSC to submit a report to Congress within five years detailing fires, explosions, and other hazards involving lithium-ion batteries in micromobility products, including make, model, and country of manufacture where known.
Who would be affected
Manufacturers and distributors of lithium-ion batteries used in consumer e-bikes, electric scooters, and similar personal e-mobility devices sold in the United States. Consumers who purchase and use these products would gain the protection of mandatory federal safety standards. The Consumer Product Safety Commission would be directed to carry out rulemaking and ongoing oversight.
Why it matters
If enacted, manufacturers would be legally required — not merely encouraged — to meet the specified UL safety standards for batteries in e-bikes and electric scooters. Noncompliant products could be subject to CPSC enforcement. The automatic revision-adoption mechanism means future safety improvements to industry standards would flow into federal requirements without a new act of Congress, keeping protections current.
What would change
Changes to existing law
Amends Consumer Product Safety Act, 15 U.S.C. 2058 (Sec. 9) (Sec. 2(d))
Adds new consumer product safety standards for lithium-ion batteries in micromobility devices, treated as rules issued under section 9 of the Act.
Agencies directed to act
Effective dates
- Deadline for CPSC to promulgate the safety standards as final rules
- Revised voluntary standards automatically become federal law after CPSC notification, absent Commission rejection
- CPSC report to Congress on micromobility battery hazards due
Funding and costs
Congressional Budget Office estimate
CBO estimates that implementing S. 389 would cost $8 million over the 2025–2030 period, subject to the availability of appropriated funds.
CBO estimates that S. 389 would cost $8 million in discretionary spending (funds that require annual congressional appropriations) over the 2025–2030 period. The costs would stem from requiring the Consumer Product Safety Commission (CPSC) to adopt voluntary safety standards for rechargeable lithium-ion batteries used in e-bikes, scooters, and other micromobility devices, and to monitor future revisions to those standards and report to Congress within five years. The estimate reflects information provided by the CPSC on the agency's expected workload. CBO did not identify any intergovernmental or private-sector mandates in the bill.
How implementation would work
The CPSC must use the federal notice-and-comment rulemaking process (5 U.S.C. § 553) to adopt the three ANSI/CAN/UL standards as final rules within 180 days. In doing so, it must limit the standards' application to consumer products as defined in the Consumer Product Safety Act. For future standard revisions, the relevant standards organization notifies the CPSC, which has 90 days to object; absent an objection, the revision becomes federal law after 180 days. The CPSC must also compile incident data and submit a report to both the Senate Commerce Committee and House Energy and Commerce Committee within five years of enactment.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 133.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill requires the Consumer Product Safety Commission to issue a final consumer product safety rule for rechargeable lithium-ion batteries used in micromobility devices, such as electric bikes and electric scooters.
Specifically, the rule must require manufacturers and distributors of such products to comply with the applicable safety standards jointly established by the American National Standards Institute, the Standards Council of Canada, and UL Solutions Inc.
Legislative subjects
Commerce; Consumer affairs; Energy storage, supplies, demand; Pedestrians and bicycling; Product safety and quality
Committee report
S. Rept. 119-50