Dear ,
On Tuesday night, Speaker Mike Johnson released a draft budget resolution to temporarily fund the government. The 1,500+ page bill contains an amended version of the Torres battery bill, HR1797/S1008. The bill directs the U.S. Consumer Product Safety Commission (CPSC) to adopt UL 2271, UL 2272, and UL 2849 as mandatory federal safety standards for e-mobility products within six months of the bill’s passage. This section of the resolution is attached below.
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VIEW THE RESOLUTION |
This came as a complete surprise as we believed the bill was going to die in the Senate due to Senator’s Cruz’s hostility towards the CPSC and expressed desire to eliminate the agency altogether. Our federal work shifted accordingly to higher priorities like GSP reauthorization, de minimis reform, and passage of the EXPLORE Act. Late last week, the new language was shared with us in confidence. We immediately contacted House and Senate committee leadership staff with our concerns about impacts on the bike industry because the language did not include the EN 15194 standard or the additional three battery safety standards used in UL 2849. Our efforts did not prevail and we were told all four congressional leaders from both parties already agreed on language drafted by Senator Cruz. That amended bill language was then included in the budget resolution. |
While this bill was sponsored by the New York delegation as a response to battery-related fires in New York City, new CPSC regulations will not address a key cause of those fires. In New York City, the “e-bikes” typically used for commercial deliveries have a throttle and a top speed of 25 mph on motor power alone. That isn’t a low-speed electric bicycle, it isn’t a consumer product regulated by the CPSC, and it won’t be subject to the new regulations. It is virtually assured that the budget resolution will pass and be signed by the president in order to fund the government. The CPSC will then likely issue a final rule adopting UL 2271 and 2849 as mandatory safety standards within six months. Typically, the CPSC allows an additional grace period before a new rule becomes effective and that period is generally six months. 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). 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. It is almost exactly two years since the CPSC informed the industry that it regarded certification of compliance with UL 2271, UL 2272, or UL 2849 as necessary to ensure the safety of e-mobility devices and batteries. We also know the CPSC was planning to initiate a rulemaking on battery safety standards in early 2025 that could have reached the same result. It now appears that Congress intends to make compliance with these standards mandatory, so the writing on the wall is crystal clear. We know you likely have a lot of questions about the exact form that new CPSC regulations will take. While that is still uncertain, PeopleForBikes will work with your business through the regulatory process to make the final rule as favorable as possible to the industry. We appreciate your support of PeopleforBikes and the contributions you and your staff add to our work. As always, please feel free to contact myself or Vice President of Government Relations Dr. Ash Lovell (ash@peopleforbikes.org) with any questions or concerns.
Thank you, Matt Moore |