Industry groups, New York firefighters call for stronger rules on lithium ion battery safety

The commissioner of the New York Fire Department and other experts implored the Consumer Product Safety Commission to enact mandatory standards governing lithium ion batteries in micromobility products such as e-bikes and e-scooters during an agency hearing held at its Bethesda, Md. headquarters Thursday.

"We definitely believe we should proceed to a mandatory standard," said Laura Kavanagh of the FDNY.

She said there's too much risk from faulty batteries and manufacturers that "go around local laws and standards and regulations" to not enact stricter rules.

Other experts, including George Kerchner, the executive director of the Rechargeable Battery Association, and Gabe Knight, a safety policy analyst at Consumer Reports, also urged the commission to move toward mandatory standards.

Currently, lithium ion batteries in micromobility products, which are increasingly associated with deadly fires, are governed only by voluntary standards. From January 2021 through November 2022, at least 19 people were killed by micromobility fires or overheating incidents in the U.S. Thirteen people in New York City have died this year in lithium ion battery fires. The CPSC wrote a letter to more than 2,000 manufacturers and importers last December imploring them to comply with voluntary UL standards for battery safety.

Statutorily, the CPSC can enact mandatory standards only once it becomes clear that the voluntary standard is not working. Thursday's hearing all but confirmed that both industry and the commission believe the current standard is subpar.

The chair of the CPSC, Alexander Hoehn-Saric, acknowledged that "voluntary standards aren't enough" and another commissioner, Richard Trumka, said that such a broad group of experts in unanimity on mandatory standards was "not common" and that he heard the message "loud and clear."

Mandatory standards from the CPSC could change the landscape of micromobility. Today, the sector is the Wild West of transportation, with manufacturers stitching together e-bikes on the streets of New York, amateurs dissecting, refurbishing and reselling energy-dense lithium ion batteries and consumers unsure of whom to trust and how to safely charge and use the technology.

While the average price of e-bikes in the U.S. hovers around $2,000, buyers can purchase bikes from online importers for $600. Regulating the industry would likely purge ultra-inexpensive e-bikes, which have been the common culprits in tragic fires, from the market.

Sens. Chuck Schumer and Kirsten Gillibrand and Rep. Ritchie Torres, all Democrats of New York, kicked off the hearing by boosting a bill that would require the CPSC to establish mandatory standards for rechargeable lithium ion batteries used in personal mobility devices.

That bill, if passed, would give the CPSC 180 days to release a final standard. Making rules using express legislative authorization is typically much faster than normal CPSC rulemaking processes. For example, the CPSC considered a mandatory rule to address fires started by ignited upholstered furniture for more than 20 years, according to the Government Accountability Office.

"Developing mandatory standards under CPSC standard statute can be burdensome and slow," said Hoehn-Saric. "For that reason, I am grateful for the engagement by Congress and supportive of legislation that would streamline the process and strengthen our authority."