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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. | ||||||