Public Act 0414 104TH GENERAL ASSEMBLY

SB2247 Enrolled LRB104 07607 SPS 17651 b

Public Act 104-0414

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Micromobility Fire Safety Act.

Section 5. Findings.

(a) Micromobility devices, such as electric bicycles, electric scooters, and personal e-mobility devices, like hoverboards and electric unicycles, are increasingly popular, battery-powered transportation options for American consumers and workers.

(b) As battery-powered devices, micromobility devices can be a fire and explosion safety hazard if they do not meet safety standards.

(c) For micromobility devices that do not meet safety standards, there is a heightened risk of the lithium-ion batteries that power these devices experiencing a cascading failure where the overwhelming generation of heat triggers the release of toxic gases, explosions, or the spread of flames.

(d) In 2021 and 2022, the U.S. Consumer Product Safety Commission received reports from 39 states of at least 208 fires or overheating events that were associated with electric bicycles and personal e-mobility devices that caused 19 fatalities.

(e) There are consensus standards available that mitigate the battery and electrical system hazards of electric bicycles and personal e-mobility devices that can cause fires.

(f) In 2022, the U.S. Consumer Product Safety Commission issued a letter to the manufacturers, importers, distributors, and retailers of electric bicycles and personal e-mobility devices urging these products to be "designed, manufactured, and certified" to the appropriate UL standard as "manufacturing these products in compliance with the applicable UL standards significantly reduces the risk of injuries and deaths from micromobility device fires."

(g) In 2023, after 216 micromobility device-related fires in 2022 that caused 147 injuries and 6 fatalities, New York City enacted legislation requiring micromobility device and battery certification to the applicable UL safety standards by an ISO-accredited laboratory.

Section 10. Definitions. As used in this Act:

"Accredited testing laboratory" means an independent third-party organization providing certification and testing for micromobility products, including low-speed electric bicycles and personal e-mobility devices, that has received ISO/IEC 17065 or ISO/IEC 17025 accreditation from an independent accreditation body that is a member of the International Accreditation Forum.

"Electric personal assistive mobility device" has the meaning set forth in Section 1-117.7 of the Illinois Vehicle Code.

"Lithium-ion battery" or "cell" means a rechargeable electrochemical cell or battery in which the positive and negative electrodes are both lithium compounds constructed with no metallic lithium in either electrode. "Lithium-ion battery" or "cell" includes a lithium-ion polymer battery or cell that uses lithium-ion chemistries.

"Low-speed electric scooter" has the meaning set forth in Section 1-140.11 of the Illinois Vehicle Code.

"Moped" has the meaning set forth in Section 1-148.2 of the Illinois Vehicle Code.

"Motor-driven cycle" has the meaning set forth in Section 1-145.001 of the Illinois Vehicle Code.

"Off-highway motorcycle" has the meaning set forth in Section 1-153.1 of the Illinois Vehicle Code.

"Personal e-mobility device" means a consumer mobility device, other than a low-speed electric bicycle, intended for a single rider with a traction battery and electric motor or drive train that propels the device, which may be self-balancing and may be provided with a handle for grasping while riding, a seat for the rider, or operable pedals. "Personal e-mobility device" includes an electric personal assistive mobility device and low-speed electric scooter. "Personal e-mobility device" also includes a skateboard, motor-driven cycle, moped, and off-highway motorcycle, if those vehicles are propelled by an electric motor.

"Recycling" means any process by which materials that would otherwise become waste are collected, separated, or processed for the purpose of returning the materials to the economic mainstream in the form of raw materials for new products.

"Traction battery" means a rechargeable lithium-ion battery used to power the electric drive motor of a low-speed electric bicycles or personal e-mobility devices.

Section 15. Manufacture and distribution of low-speed electric bicycles, personal e-mobility devices, and traction batteries.

(a) No person shall manufacture, distribute, sell, lease, rent, offer for sale, offer for lease, or offer for rent a low-speed electric bicycle unless the electrical drive system for the low-speed electric bicycle has been tested by an accredited testing laboratory and found: (i) before January 1, 2028, to comply with ANSI/CAN/UL Standard 2849 or EN Standard 15194; or (ii) on or after January 1, 2028, to comply with ANSI/CAN/UL Standard 2849.

(b) No person shall manufacture, distribute, sell, lease, rent, offer for sale, offer for lease, offer for rent, or operate in furtherance of a business activity a personal e-mobility device unless the electrical system for the personal e-mobility device has been tested by an accredited testing laboratory and found to comply with ANSI/CAN/UL Standard 2272.

(c) No person shall manufacture, distribute, sell, lease, rent, offer for sale, offer for lease, or offer for rent a traction battery for a low-speed electric bicycle unless the traction battery has been tested by an accredited testing laboratory and found: (i) before January 1, 2028, to comply with ANSI/CAN/UL Standard 2271, ANSI/CAN/UL Standard 2849, or EN Standard 15194; or (ii) on or after January 1, 2028, to comply with ANSI/CAN/UL Standard 2271 or ANSI/CAN/UL Standard 2849.

(d) No person shall manufacture, distribute, sell, lease, rent, offer for sale, offer for lease, or offer for rent a traction battery for a personal e-mobility device unless the traction battery has been tested by an accredited testing laboratory and found to comply with ANSI/CAN/UL Standard 2271.

Section 20. Reconditioned traction batteries.

(a) It is unlawful for any person to:

(1) assemble or recondition a traction battery using cells removed from used lithium-ion batteries; or

(2) sell or offer for sale a lithium-ion traction battery that uses cells removed from used lithium-ion batteries.

(b) Nothing in this Section shall be construed to prohibit the recycling of traction batteries or their components.

Section 25. Enforcement by Attorney General. A violation of any of the provisions of this Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by that Act shall be available to the Attorney General for the enforcement of this Act.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2HHHH as follows:

(815 ILCS 505/2HHHH new)

Sec. 2HHHH. Violations of the Micromobility Fire Safety Act. A person who violates the Micromobility Fire Safety Act commits an unlawful practice within the meaning of this Act.

Section 99. Effective date. This Act takes effect January 1, 2026.