BOMA International Advocacy: Setting Consumer Standards for Lithium-Ion Batteries Act

BOMA International continues to be a leading advocate for the Setting Consumer Standards for Lithium-Ion Batteries Act (H.R. 973), a bipartisan bill that would establish federal safety standards for rechargeable lithium-ion batteries used in micromobility devices. The legislation directs the U.S. Consumer Product Safety Commission (CPSC) to develop and enforce these standards to mitigate fire risks.

H.R. 973 passed the U.S. House of Representatives with broad bipartisan support (365–42) and is now under consideration by the Senate Committee on Commerce, Science, and Transportation. The Senate companion bill, S. 389, has also been favorably reported out of committee without amendment.

Implications for Commercial Real Estate

If enacted, the legislation would carry several important implications for commercial property stakeholders: 

• Mandatory Compliance: Manufacturers and distributors would be prohibited from selling, distributing, or importing non-compliant lithium-ion batteries for micromobility devices.
• Certification Requirements: All batteries must be tested and certified to meet the safety standards set by the CPSC before entering the U.S. market.
• Enforcement Authority: The CPSC would gain expanded authority to inspect manufacturing facilities and imports, ensuring non-compliant batteries are kept out of circulation.

These measures are designed to reduce fire risks from lithium-ion batteries—an increasingly urgent concern in urban areas, including several recent incidents in Texas involving property damage.

Interim Safety Measures for Commercial Properties

Until federal standards are finalized, BOMA recommends the following best practices to safeguard commercial buildings:

• Designate Safe Charging Areas: Establish fire-rated, non-habitable spaces equipped with appropriate fire suppression systems for charging e-bikes and e-scooters.
• Implement Charging Guidelines: Develop and enforce policies to prevent overcharging and ensure certified batteries and chargers are used.
• Review Lease Agreements: Incorporate clauses that address the storage and charging of micromobility devices to ensure tenant compliance with safety protocols.
• Engage with Local Fire Departments: Collaborate with local fire authorities to assess risks and develop emergency response plans tailored to lithium-ion battery incidents.
• Educate Occupants: Inform tenants and building occupants about the risks associated with lithium-ion batteries and the importance of adhering to established safety procedures.

For more detailed guidance, BOMA International's Policy Brief titled "Battery Fires From Electric Bikes and Scooters" provides comprehensive recommendations for property managers and owners.

Staying informed on this legislation and implementing recommended safety practices now can help reduce the risk of fires, injuries, and property damage, while preparing your properties for future compliance.