I want to add something about the Expressed Preemption Clause in HR727 because many have questioned if the CPSC can preempt 3-class ebike definitions.
Express preemption occurs when a federal law expressly states that it is intended to preempt state law (as HR727 has). ... For example, if a state law required all widgets to be red and a federal law stated that no widget could be red, the state law would be preempted under conflict preemption.
Express preemption occurs when a federal law expressly states that it is intended to preempt state law (as HR727 has). ... For example, if a state law required all widgets to be red and a federal law stated that no widget could be red, the state law would be preempted under conflict preemption.