Consumer product safety standard for low-speed electric bicycles and other off-road electric devices

(a)

In general

Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, a final consumer product safety standard for the uniform classification and labeling of low-speed electric bicycles and other off-road electric devices that are manufactured in, offered for sale to a consumer in, or imported into the United States. (b)

Analysis; consultation; evaluation

The Commission shall carry out the following: (1)To the extent feasible, conduct and publish an analysis with respect to any crash, injury, and fatality associated with the use of a low-speed electric bicycle or any other off-road electric device reported during the 5-year period that precedes the date of the enactment of this Act, disaggregated by— (A)the age of the user of the bicycle or device; and (B)the type of bicycle or device, including— (i)whether the bicycle or device involved in the crash, injury, or fatality is a low-speed electric bicycle, any other off-road electric device described in subsection (h)(7)(A), or another bicycle or device; and (ii)if the bicycle or device is a low-speed electric bicycle, the classification of the bicycle as a class 1 electric bicycle, class 2 electric bicycle, class 3 electric bicycle (as defined in section 217(j)(2) of title 23, United States Code), or as none of such classifications. (2)Evaluate the efficacy of Federal, State, and local laws, regulatory guidance, industry best practices, and international standards related to classifying, labeling, and establishing age restrictions for low-speed electric bicycles and other off-road electric devices (including the classifications of class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle as defined in section 217(j)(2) of title 23, United States Code) to determine whether the Commission should consider any such law, regulatory guidance, or best practice in carrying out the requirements described in subsection (c). (3)To the extent feasible and appropriate, consult with the following: (A)Manufacturers, importers, and sellers of low-speed electric bicycles and other off-road electric devices. (B)Independent product safety engineers and experts. (C)Representatives of consumer and transportation safety advocacy groups. (D)The National Highway Traffic Safety Administration. (E)Any other entity as the Commission determines appropriate. (c)

Requirements

Based on the analysis, evaluation, and consultation required under subsection (b), the Commission shall ensure the standard promulgated under subsection (a) includes the following: (1)Definitions of distinct classifications for low-speed electric bicycles and other off-road electric devices. (2)Minimum age recommendations for the use of low-speed electric bicycles and other off-road electric devices with respect to each classification defined pursuant to paragraph (1). (3)A requirement that a low-speed electric bicycle or any other off-road electric device— (A)satisfies a classification defined pursuant to paragraph (1); and (B)includes, at the time a low-speed electric bicycle or any other off-road electric device is offered for sale, a permanent, clearly visible, and consistently placed label on such bicycle or device that specifies— (i)the classification satisfied; (ii)the motor power of the bicycle or device; (iii)the maximum speed of the bicycle or device when powered solely by a motor; (iv)the relevant minimum age recommendation described in paragraph (2); and (v)with respect to any other off-road electric device described in subsection (h)(7)(A), any such device— (I)is not intended for on-road use; and (II)does not satisfy any motor vehicle safety standard prescribed under chapter 301 of title 49, United States Code. (4)A prohibition on the sale, offer for sale to a consumer, or display of a consumer product labeled as a low-speed electric bicycle that— (A)does not satisfy the definition of a low-speed electric bicycle; (B)is designed, manufactured, or displayed by the manufacturer, importer, or seller of the consumer product to have the capacity to be configured or modified to increase the maximum speed or motor power of the consumer product such that the consumer product would no longer satisfy such definition; or (C)is designed, manufactured, or displayed by the manufacturer, importer, or seller for off-road use and does not have operable pedals. (d)

Modifications

At any time after the promulgation of the standard under subsection (a), the Commission may, through a rulemaking under section 553 of title 5, United States Code, modify the requirements of the standard. (e)

Treatment of standard

A standard promulgated under this section, including a modification of such standard, shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (f)

Analysis on crashes, injuries, and fatalities

(1)

In general

Not later than 2 years after the promulgation of the standard under subsection (a), and periodically thereafter at regular intervals, the Commission shall conduct an analysis of any crash, injury, and fatality associated with the use of a low-speed electric bicycle or any other off-road electric device reported beginning on the date of the enactment of this Act or on the date of the publication of the most recent analysis conducted under this paragraph, whichever date is later, disaggregated by— (A)the age of the user of the bicycle or device; and (B)the type of bicycle or device, including— (i)whether the bicycle or device involved in the crash, injury, or fatality is— (I)a low-speed electric bicycle; (II)any other off-road electric device described in subsection (h)(7)(A); or (III)a bicycle or device that— (aa)does not satisfy— (AA)a classification defined pursuant to subsection (c)(1); or (BB)a requirement described in subsection (c)(3); or (bb)violates the prohibition described in subsection (c)(4); and (ii)the classification defined pursuant to subsection (c)(1) that each such bicycle or device satisfies. (2)

Consultation

The Commission shall consult with a relevant entity and any other entity as the Commission determines feasible and appropriate to conduct any study required by paragraph (1). (3)

Redundancy

In conducting any study required by paragraph (1), the Commission shall avoid duplicating information to the fullest extent practicable. (4)

Report; publication

Not later than 30 days after the date on which any study required by paragraph (1) is completed, the Commission shall— (A)submit to Congress a report on the findings of the study; and (B)publish the study on a website of the Commission in a publicly accessible format. (g)

Grants; training module

(1)

Grants

(A)

In general

For each of fiscal years 2027 through 2031, the Commission shall award grants to relevant entities to carry out the following: (i)Hire and train personnel to ensure sufficient capacity and expertise for data collection, reporting, and recordkeeping related to any crash, injury, or fatality associated with low-speed electric bicycles and other off-road electric devices, including for the identification and classification of such bicycles pursuant to the classifications defined pursuant to subsection (c)(1). (ii)Develop and implement— (I)policies, guidance, or best practices to assist with the compliance or enforcement of this Act in relation to other applicable Federal, State, and local laws, including policies, guidance, or best practices for manufacturers, importers, or sellers of low-speed electric bicycles and other off-road electric devices; (II)data collection and reporting protocols to enable the standardization, accuracy, and comprehensiveness of data on any crash, injury, or fatality associated with low-speed electric bicycles and other off-road electric devices; and (III)public education and safety initiatives to improve awareness of safety risks associated with the use of low-speed electric bicycles and other off-road electric devices, including education and initiatives related the standard promulgated under subsection (a) and the requirements described in subsection (c). (iii)Any other purpose the Commission determines necessary to support any study required by subsection (f)(1). (B)

Authorization of Appropriations

There is authorized to be appropriated to the Commission $2,500,000 for each of fiscal years 2027 through 2031 to award grants under this subsection. (2)

Training Module

The Commission shall develop a publicly accessible training module to— (A)instruct relevant entities on how to identify and classify a low-speed electric bicycle and any other off-road electric device based on the standard promulgated under subsection (a); and (B)improve the standardization, accuracy, and comprehensiveness of data collection and reporting with respect to any crash, injury, or fatality associated with such bicycles and devices. (h)

Definitions

In this section: (1)

Commission

The term Commission means the Consumer Product Safety Commission. (2)

Consumer product

The term consumer product has the meaning given the term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052). (3)

Indian Tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4)

Local government

The term local government means any unit of government within a State, including the following: (A)A city. (B)A town. (C)A county. (D)A municipality. (E)A special district. (F)A school district. (G)Any other agency or instrumentality of a State or local government. (5)

Low-speed electric bicycle

The term low-speed electric bicycle has the meaning given the term in section 38 of the Consumer Product Safety Act (15 U.S.C. 2085). (6)

Native Hawaiian organization

The term Native Hawaiian organization— (A)means an organization that— (i)serves and represents the interests of Native Hawaiians; (ii)provides services to Native Hawaiians; and (iii)has expertise in Native Hawaiian affairs; and (B)includes Native Hawaiian organizations registered with Office of Native Hawaiian Relations of the Department of the Interior. (7)

Other off-road electric device

The term other off-road electric device means— (A)a consumer product that— (i)is designed, manufactured, or recommended by the manufacturer, importer, or seller for off-road use; (ii)is powered by an electric motor; (iii)may or may not have operable pedals; and (iv)is equipped with— (I)fewer than 4 wheels; (II)a seat or saddle designed to be straddled by the user of the consumer product; and (III)handlebars for steering control of the user; or (B)any other consumer product as determined by the Commission. (8)

Relevant entity

The term relevant entity means any of the following: (A)A law enforcement agency. (B)An emergency management service agency that is— (i)operated by a State, local, or Tribal government or Native Hawaiian organization; or (ii)described in section 501(c) of title 26, United States Code. (C)A State. (D)A local government. (E)A Tribal government. (F)A Native Hawaiian organization. (9)

State

The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. (10)

Tribal government

The term Tribal government means the recognized governing body of an Indian Tribe.