S. 389 — Setting Consumer Standards for Lithium-Ion Batteries Act

This section requires the Consumer Product Safety Commission (CPSC), within 180 days of enactment, to promulgate via notice-and-comment rulemaking three specified ANSI/CAN/UL voluntary standards—ANSI/CAN/UL 2271 (Batteries for Use in Light Electric Vehicle Applications), ANSI/CAN/UL 2849 (Electrical Systems for eBikes), and ANSI/CAN/UL 2272 (Electrical Systems for Personal E-Mobility Devices)—as final consumer product safety standards limited to consumer products, as defined in the Consumer Product Safety Act (CPSA). (As background, these standards govern batteries and electrical systems in micromobility products such as e-bikes and electric scooters to mitigate risks including fires and explosions from lithium-ion batteries.) It further establishes a process under which revisions to these voluntary standards automatically become mandatory CPSA consumer product safety rules 180 days after CPSC notification unless the CPSC objects within 90 days; treats promulgated standards (including revisions) as CPSA consumer product safety rules under CPSA section 9 (15 U.S.C. 2058); and directs the CPSC to submit a report to specified congressional committees within five years of enactment describing incidents of fires, explosions, or other hazards involving lithium-ion batteries in micromobility products, including details on sources, makes/models, compliance, and manufacturers.