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1 | AN ACT concerning business. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Micromobility Fire Safety Act. | |||||||||||||||||||
6 | Section 5. Findings. | |||||||||||||||||||
7 | (a) Micromobility devices, such as electric bicycles, | |||||||||||||||||||
8 | electric scooters, and personal e-mobility devices, like | |||||||||||||||||||
9 | hoverboards and electric unicycles, are increasingly popular, | |||||||||||||||||||
10 | battery powered transportation options for American consumers | |||||||||||||||||||
11 | and workers. | |||||||||||||||||||
12 | (b) As battery powered devices, micromobility devices can | |||||||||||||||||||
13 | be a fire and explosion safety hazard if they do not meet | |||||||||||||||||||
14 | safety standards. | |||||||||||||||||||
15 | (c) For micromobility devices that do not meet safety | |||||||||||||||||||
16 | standards, there is a heightened risk of the lithium-ion | |||||||||||||||||||
17 | batteries that power these devices experiencing a cascading | |||||||||||||||||||
18 | failure where the overwhelming generation of heat triggers the | |||||||||||||||||||
19 | release of toxic gases, explosions, or the spread of flames. | |||||||||||||||||||
20 | (d) In 2021 and 2022, the U.S. Consumer Product Safety | |||||||||||||||||||
21 | Commission received reports from 39 states of at least 208 | |||||||||||||||||||
22 | fires or overheating events that were associated with electric | |||||||||||||||||||
23 | bicycles and personal e-mobility devices that caused 19 |
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1 | fatalities. | ||||||
2 | (e) There are consensus standards available that mitigate | ||||||
3 | the battery and electrical system hazards of electric bicycles | ||||||
4 | and personal e-mobility devices that can cause fires, | ||||||
5 | including standards published Underwriters Laboratories and | ||||||
6 | the International Organization for Standardization. | ||||||
7 | (f) In 2022, the U.S. Consumer Product Safety Commission | ||||||
8 | issued a letter to the manufacturers, importers, distributors, | ||||||
9 | and retailers of electric bicycles and personal e-mobility | ||||||
10 | devices urging these products be "designed, manufactured, and | ||||||
11 | certified" to the appropriate UL standard as "manufacturing | ||||||
12 | these products in compliance with the applicable UL standards | ||||||
13 | significantly reduces the risk of injuries and deaths from | ||||||
14 | micromobility device fires." | ||||||
15 | (g) In 2022, after 216 micromobility device related fires | ||||||
16 | in 2022 that caused 147 injuries and 6 fatalities, New York | ||||||
17 | City enacted legislation requiring micromobility device | ||||||
18 | certification to the applicable UL safety standards. | ||||||
19 | (h) Studies have demonstrated that without conformity | ||||||
20 | assessment performed by a nationally-accredited independent | ||||||
21 | third-party certification organization, products are less | ||||||
22 | likely to meet product safety standards. Product safety | ||||||
23 | certification ensures safety is a level playing field in the | ||||||
24 | market. | ||||||
25 | Section 10. Definitions. As used in this Act: |
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1 | "Certification" means the attestation by the certification | ||||||
2 | body, indicated by the certification body's certification mark | ||||||
3 | on the equipment, device, or product, that the equipment, | ||||||
4 | device, or product has been evaluated and tested and found to | ||||||
5 | conform to relevant standards. | ||||||
6 | "Certification body" means an independent third-party | ||||||
7 | organization providing certification for micromobility | ||||||
8 | products that: | ||||||
9 | (1) is recognized by the U.S. Occupational Safety | ||||||
10 | and Health Administration as a nationally-recognized | ||||||
11 | testing laboratory; and | ||||||
12 | (2) has received ISO/IEC 17065 accreditation from | ||||||
13 | an independent accreditation body that is a member of | ||||||
14 | the International Accreditation Forum. | ||||||
15 | "Certification mark" means a mark of conformity owned by a | ||||||
16 | certification body and registered with the United States | ||||||
17 | Patent and Trademark Office that is visible and affixed to a | ||||||
18 | certified equipment, device, or product. | ||||||
19 | "Electric bicycle" means a 2-wheeled or 3-wheeled | ||||||
20 | electrical-mechanical device provided with functional pedals | ||||||
21 | that includes one or more electric motors to either assist the | ||||||
22 | rider when pedaling or provide motive power to the wheels when | ||||||
23 | the rider is not pedaling. | ||||||
24 | "ICS codes" mean codes published by the International | ||||||
25 | Organization for Standardization (ISO) that serve as a system | ||||||
26 | for categorizing the types of standards under the |
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1 | International Classification for Standards. | ||||||
2 | "Micromobility devices" means the term inclusive of | ||||||
3 | e-bike, e-scooters, and other types of personal e-mobility | ||||||
4 | devices. | ||||||
5 | "Nationally-recognized testing laboratory" means an | ||||||
6 | organization that meets the qualifications provided in 29 CFR | ||||||
7 | 1910.7(b) and is recognized as a nationally-recognized testing | ||||||
8 | laboratory by the U.S. Department of Labor, Occupational | ||||||
9 | Safety and Health Administration's Nationally-Recognized | ||||||
10 | Testing Laboratory (NRTL) Program. | ||||||
11 | "Personal e-mobility device" means a consumer mobility | ||||||
12 | device intended for a single rider with a rechargeable | ||||||
13 | electric drive train that propels the rider, and which may be | ||||||
14 | provided with a handle for grasping while riding. This device | ||||||
15 | may or may not be self-balancing and may or may not be seated. | ||||||
16 | "Traction battery" means a rechargeable battery used to | ||||||
17 | power the electric motors of the micromobility product. | ||||||
18 | "UL standards" means standards published by Underwriters | ||||||
19 | Laboratories for testing and manufacturing products to ensure | ||||||
20 | their safety, security, and sustainability. | ||||||
21 | Section 15. Requirements for manufacturer; distribution, | ||||||
22 | sale, lease, and rent of micromobility devices and traction | ||||||
23 | batteries. All micromobility devices and traction batteries | ||||||
24 | for micromobility devices manufactured, distributed, sold, or | ||||||
25 | offered for lease or rent in this State shall meet safety |
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1 | standards as follows: | ||||||
2 | (1) electric bicycles shall: | ||||||
3 | (A) be evaluated, tested, and certified to UL 2849 | ||||||
4 | by a nationally-recognized testing laboratory with UL | ||||||
5 | 2849 included in its scope of recognition under the | ||||||
6 | Nationally-Recognized Testing Laboratory (NRTL) | ||||||
7 | Program; and | ||||||
8 | (B) be affixed with a certification mark from a | ||||||
9 | certifying body with ICS 43.150, ICS 43.120, and UL | ||||||
10 | 2849 included in the scope of accreditation; | ||||||
11 | (2) personal e-mobility devices shall: | ||||||
12 | (A) be evaluated, tested, and certified to UL 2272 | ||||||
13 | by a nationally-recognized testing laboratory with UL | ||||||
14 | 2849 included in its scope of recognition under the | ||||||
15 | Nationally-Recognized Testing Laboratory (NRTL) | ||||||
16 | Program; and | ||||||
17 | (B) be affixed with a certification mark from a | ||||||
18 | certifying body with ICS 29.220.99, ICS 43.120, and UL | ||||||
19 | 2272 included in its scope of accreditation; and | ||||||
20 | (3) traction batteries for use in micromobility | ||||||
21 | devices shall: | ||||||
22 | (A) be evaluated, tested, and certified to UL 2271 | ||||||
23 | by a nationally-recognized testing laboratory with UL | ||||||
24 | 2849 included in its scope of recognition under the | ||||||
25 | Nationally-Recognized Testing Laboratory (NRTL) | ||||||
26 | Program; and |
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1 | (B) be affixed with a certification mark from a | ||||||
2 | certifying body with ICS 29.220.99, ICS 43.120, and UL | ||||||
3 | 2271 included in its scope of accreditation. |