Legislature(2021 - 2022)BELTZ 105 (TSBldg)
02/03/2022 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB87 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 87 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
February 3, 2022
1:43 p.m.
MEMBERS PRESENT
Senator Robert Myers, Chair
Senator Mike Shower, Vice Chair
Senator Click Bishop
Senator Peter Micciche
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 87(JUD)
"An Act relating to electric-assisted bicycles."
- MOVED CSHB 87(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 87
SHORT TITLE: ELECTRIC-ASSISTED BICYCLES
SPONSOR(s): REPRESENTATIVE(s) WOOL
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) TRA, JUD
04/20/21 (H) TRA AT 1:00 PM BARNES 124
04/20/21 (H) Heard & Held
04/20/21 (H) MINUTE(TRA)
04/27/21 (H) TRA AT 1:00 PM BARNES 124
04/27/21 (H) Moved HB 87 Out of Committee
04/27/21 (H) MINUTE(TRA)
04/28/21 (H) TRA RPT 4DP 2NR
04/28/21 (H) DP: DRUMMOND, HANNAN, MCKAY, MCCABE
04/28/21 (H) NR: CRONK, HOPKINS
05/03/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/03/21 (H) Heard & Held
05/03/21 (H) MINUTE(JUD)
05/05/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/05/21 (H) Heard & Held
05/05/21 (H) MINUTE(JUD)
05/07/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/07/21 (H) Moved CSHB 87(JUD) Out of Committee
05/07/21 (H) MINUTE(JUD)
05/10/21 (H) JUD RPT CS(JUD) 5DP 2AM
05/10/21 (H) DP: VANCE, KREISS-TOMKINS, DRUMMOND,
SNYDER, CLAMAN
05/10/21 (H) AM: EASTMAN, KURKA
05/19/21 (H) LIMIT ALL DEBATE TO 2 MIN EACH Y23 N16
E1
05/19/21 (H) TRANSMITTED TO (S)
05/19/21 (H) VERSION: CSHB 87(JUD)
05/19/21 (S) READ THE FIRST TIME - REFERRALS
05/19/21 (S) TRA, STA
02/03/22 (S) TRA AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE ADAM WOOL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 87.
ASHLEY CARRICK, Staff
Representative Adam Wool
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis and
delivered a PowerPoint on HB 87 on behalf of the sponsor.
ALEX LOGEMANN, Policy Counsel
People for Bikes Coalition
Denver, Colorado
POSITION STATEMENT: Provided invited testimony in support of HB
87.
ACTION NARRATIVE
1:43:32 PM
CHAIR ROBERT MYERS called the Senate Transportation Standing
Committee meeting to order at 1:43 p.m. Present at the call to
order were Senators Kiehl, Shower, Micciche, and Chair Myers.
Senator Bishop arrived as the meeting was in progress.
HB 87-ELECTRIC-ASSISTED BICYCLES
1:44:11 PM
CHAIR MYERS announced the consideration of CS FOR HOUSE BILL NO.
87(JUD) "An Act relating to electric-assisted bicycles."
1:44:40 PM
REPRESENTATIVE ADAM WOOL, Alaska State Legislature, Juneau,
Alaska, provided a summary of HB 87. He stated that HB 87 would
define electric-assisted bicycles in statute. He stated that
electric-assisted bicycles or e-bikes could fall under other
categories, including electric personal motor vehicles, motor
vehicles, or motor-driven cycles. He introduced the bill when a
former employer related that while riding his electric-assisted
bicycle, he was pulled over by a police officer and not allowed
to continue riding the bicycle since he did not have a driver's
license.
REPRESENTATIVE WOOL paraphrased the sponsor statement.
[Original punctuation provided.]
Electric-assisted bicycles are an emerging and
exciting source of exercise, transportation, and
recreation for Alaska's residents. Currently, the
state of Alaska does not have any laws pertaining to
electric-assisted bicycles, nor related references to
operating licenses, safety requirements, local traffic
laws, or related definitions. Despite this, an
electric-assisted bicycle does not fit into existing
definitions of any other type of vehicle. A new
definition in statute is needed to address electric-
assisted bicycles that can help to remove confusion
for electric-assisted bicycle owners and retailers.
On the municipal level, the Municipality of
Anchorage defined low-speed electric bicycles in 2016.
On the state level, forty-seven states define electric
bicycles, with thirty-eight states classifying e-bikes
with a three-tiered industry standard definition.
Adding this definition will regulate electric-assisted
bicycles as a bicycle clarifying that Alaskans do
not need a driver's license or to wear a helmet to
operate an electric assisted bicycle; they are not
subject to registration, licensing, or insurance
requirements that apply to motor vehicles; and they
may be operated where regulations currently allow for
bicycles to be operated.
Please join me in supporting House Bill 87 to
bring our statutes up to date to reflect technological
and recreational advances related to electric-assisted
bicycles.
1:46:58 PM
SENATOR BISHOP joined the meeting.
1:47:11 PM
ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State
Legislature, Juneau, Alaska, paraphrased the sectional analysis
for HB 87.
[Original punctuation provided.]
HB 87 Sectional Analysis Electric-Assisted bicycles
This bill amends Titles 19, 28, and 41 of the Alaska
Statutes.
Section 1 (page 1) Amends AS 19.10.399(9) to state
that the definition of motor vehicle excludes electric
assisted bicycles
1:47:27 PM
Section 2 (page 1) Amends AS 19.10.399 (16) to state
that electric-assisted bicycles are to be regulated as
bicycles in regards to operation on a way, path, or
area
Section 3 (page 1-2) Amends AS 28.05.011(a) states
that electric-assisted bicycles should be regulated as
bicycles in regards to rules of the road; also
includes electric-assisted bicycles under an existing
provision allowing municipal ordinances to separately
regulate in this area
Section 4 (page 2-3) Amends AS 28.10.011 to state that
an electric-assisted bicycle is not required to be
registered as a vehicle
1:48:04 PM
Section 5 (page 3) Amends AS 28.90.990(a)(12) to state
that an electric-assisted bicycle does not fall under
the definition of an "electric personal motor vehicle"
Section 6 (page 4) Amends AS 28.90.990(a)(18) to state
that an electric-assisted bicycle does not fall under
the definition of a "motor vehicle"
Section 7 (page 4) Amends AS 28.90.990(a)(18) to state
that an electric-assisted bicycle does not fall under
the definition of a "motorcycle"
Section 8 (page 4) Amends AS 28.90.990(a)(20) to state
that an electric-assisted bicycle does not fall under
the definition of a "motor-driven cycle"
1:48:37 PM
Section 9 (page 4) Amends AS 28.90.990(a)(33-36)
states that the term "bicycle" includes electric
assisted bicycles in the three following classes: (34)
Class 1: bicycles that assist only while the rider is
pedaling and that stop providing assistance at the
speed of 20 miles per hour, (35) Class 2: bicycles
that can propel whether or not the rider is pedaling
and that stop providing assistance at the speed of 20
miles per hour, and (36) Class 3: bicycles that assist
only while the rider is pedaling and that stop
providing assistance at the speed of 28 miles per hour
Section 10 (page 5) Amends AS 41.23.300 states that
"bicycling" includes the use of electric-assisted
bicycles, and that "electric-assisted bicycles" have
the meaning provided in the previous section
1:49:47 PM
MS. CARRICK presented a PowerPoint on HB 87, Electric-
Assisted Bicycles. She reviewed slide 2, Goals. She stated
that one goal of HB 87 was to regulate electric-assisted
bicycles as bicycles.
1:50:51 PM
MS. CARRICK reviewed slide 3, New Definition for Electric-
Assistance Bicycle, which read:
A bicycle that is:
• Designed to travel with not more than three
wheels in contact with the ground
• Has fully operative pedals for human propulsion
• Is equipped with an electric motor that has a
power output of not more than 750 watts (1 hp)
Electric-bicycles are further defined by the following
three classes:
• Class 1: bicycles that assist only while the
rider is pedaling and that stop providing
assistance at the speed of 20 miles per hour
• Class 2: bicycles that can propel whether or not
the rider is pedaling and that stop providing
assistance at the speed of 20 miles per hour
• Class 3: bicycles that assist only while the
rider is pedaling and that stop providing
assistance at the speed of 28 miles per hour
MS. CARRICK explained that the sponsor added designations
Class 1, 2, and 3 for e-bikes at the industry's request,
and from committee discussions.
1:51:35 PM
MS. CARRICK reviewed slide 4, Overview of Electric Bike
Regulations, which depicted a map of the United States. She
stated that 46 states have a definition for electric
bicycles, and 37 states adopted the model definition
regulating three classes of electric-assisted bicycles.
Only a few states have not clarified their laws on
electric-assisted bicycles.
1:52:14 PM
MS. CARRICK reviewed slide 5, E-Bikes are NOT. She said
that e-bikes are not mopeds, motor scooters, dirt bikes,
Segways, motorcycles, cars, or electric wheelchairs. She
related that each of these motorized vehicles is defined
elsewhere in statute.
MS. CARRICK stated that electric-assisted bicycles or e-
bikes must have fully operative pedals, and their engine
size cannot exceed more than 750 watts.
1:53:42 PM
MS. CARRICK reviewed slide 6, Example Electric-Assisted
Bicycle, depicting an illustration of an electric-assisted
bicycle, identifying the location of the battery, electric
motor, and fully operable pedals.
1:53:59 PM
SENATOR MICCICHE noted Alaska has numerous federal parks.
He asked whether the sponsor has contacted federal agencies
to determine how federal law will regard e-bikes. The state
would essentially not regulate e-bikes, but he recalled
that some federal agencies consider e-bikes motorized
vehicles [and regulations were published in the Federal
Register on November 2, 2020, effective on December 2,
2020.]
MS. CARRICK stated that currently, a person could ride an
e-bike on the Denali Park Road since electric-assisted
bicycles are considered non-motorized by the National Park
Service (NPS).
1:55:31 PM
SENATOR KIEHL reviewed the bill's structure. He said that
the Department of Public Safety (DPS) must treat e-bikes as
regular bicycles. He asked whether the same limitations for
e-bikes operated on federal land would apply to DNR state
parks. He restated his question.
MS. CARRICK answered yes. She said HB 87 would essentially
consider e-bikes as traditional bicycles. However, the
Department of Natural Resources' regulations for bicycles
would apply to e-bikes. For example, suppose a municipality
or DNR wanted to limit e-bikes to a specific motor wattage
to be considered non-motorized. In that case, the
municipality or DNR might need to amend their regulations
or definitions to exclude electric-assisted bicycles on a
non-motorized trail.
1:57:22 PM
SENATOR KIEHL asked whether distinguishing e-bikes by
classes would allow municipalities to exert local control.
MS. CARRICK answered that the class system is an industry
standard. For example, most e-bikes are sold as Class 1, 2,
or 3, which could be helpful to municipalities by allowing
them to limit e-bikes on trails or paths to one class.
1:58:28 PM
REPRESENTATIVE WOOL remarked that some of the national
parks allow certain classes of e-bikes but not all three.
Class 1 and 3 e-bikes require active pedaling to propel
them. Class 2 e-bikes provide a certain amount of speed
from the throttle without pedaling, so some federal parks
do not allow them. However, it isn't easy to enforce
because most e-bikes look the same. He agreed that
municipalities could impose their own restrictions. For
example, municipalities could allow bicycles and e-bikes on
some trails and restrict them on others. He reported that
the Municipality of Anchorage uses the definition for the
three classes of e-bikes for use on its trails.
1:59:26 PM
SENATOR MYERS related that Alaskans like to tinker. He
asked how e-bikes would be classified if the owner switched
the motor to a larger one.
REPRESENTATIVE WOOL answered that making a change to any of
the three classes of e-bikes would change the
classification of the motorized vehicle. He explained that
motor-driven cycles, including mini-bikes, are gas-powered
with a certain-size horsepower. An e-bike powered by a
larger motor might fit into that category. He compared it
to someone who modifies a car and changes the exhaust
system or removes a pollution device. It may be more
challenging to detect but operating a vehicle without the
exhaust system or pollution device in place is still
illegal. Thus, an e-bike with a larger motor could not
legally be considered an electric-assisted bicycle.
2:00:47 PM
SENATOR SHOWER referred to slide 5, E-Bikes are NOT. He
remarked on the number of bicycles used in some foreign
countries and the high numbers of injuries and deaths. He
surmised that people would likely ride e-bikes on roadways
used by motor vehicles and wondered how to regulate them.
He compared it to snow machines driven on roadways creating
issues. He wondered how to regulate e-bikes so they would
not create hazards.
2:03:18 PM
REPRESENTATIVE WOOL said he shared his concerns. He said
that defining e-bikes as bicycles means bicyclists must
follow the rules and regulations that pertain to bicycles.
He noted that bicycles must be operated in bike lanes and
alongside the road. He stated that a Class 3 e-bike
provides pedal assist assistance up to 28 mph. He noted
that this was pretty slow compared to motor vehicle speeds.
He said he hoped e-bike operators would not be tempted to
ride their e-bikes on roadways. He pointed out that Alaska
doesn't have significant urban areas like some countries or
states. He acknowledged that e-bikes could attain higher
speeds much easier than when riding regular bicycles, but
traditional bicycles can also go pretty fast downhill. He
stated that he understood the concern.
SENATOR SHOWER offered to further discuss his concerns with
the sponsor offline.
2:05:17 PM
CHAIR MYERS recalled that when he was bicycling avidly his
maximum speed was approximately 15 miles per hour unless he
was going downhill. He wondered how to handle e-bikes in
school zones since some can attain 28 mph.
2:06:03 PM
REPRESENTATIVE WOOL surmised that if a bicyclist exceeded
the speed limit, the operator would be breaking a traffic
law. He stated that bicyclists must abide by rules of the
road and stop at red lights and stop signs. He offered his
view that regular bicycles could attain 28 miles per hour.
He remarked that bicyclists would need to be considerate.
2:07:06 PM
SENATOR KIEHL agreed that when a bicycle is operated on a
roadway, the bicyclist is subject to the rules of the road,
including speed limits. He surmised that e-bikes would be
faster than pedal-driven bicycles. He stated he had
concerns about using e-bikes on sidewalks and bike paths
used by pedestrians, but the sponsor addressed his concerns
when he explained the local control options.
2:08:12 PM
SENATOR SHOWER asked whether e-bike operators would be
subject to driving under the influence laws.
REPRESENTATIVE WOOL stated that someone operating any
motorized vehicle, such as an e-bike on a public roadway
would be a DUI. A bicycle is not a motorized vehicle but
operating it in public drunk would be illegal, although he
was unsure of the specific offense, such as public
endangerment.
SENATOR SHOWER said he was trying to determine if there
were any unintended consequences for e-bikes.
REPRESENTATIVE WOOL commented that people don't necessarily
buy e-bikes so they can go faster. Since e-bikes allow
pedaling without effort, they help people go uphill or
travel farther, not necessarily faster. He related that he
has observed people riding their e-bikes up Perseverance
Trail using the assist function but then riding downhill
using the regular pedaling function.
2:10:54 PM
SENATOR MICCICHE remarked that the government cannot
control bad behavior. He offered his view that people need
to operate an e-bike responsibly in school zones or
congested areas. He characterized riding an e-bike as
similar to riding a standard bike but receiving a little
assistance. He surmised that regular bicycles could attain
higher than 15 mph speeds going downhill. Most electric-
assisted bicycles stop assisting at higher speeds. He spoke
in favor of e-bikes because it would likely get more people
out on bikes for longer rides, which he viewed as healthy.
He surmised that if a person behaved irresponsibly, they
could do so on an electric or a regular bike.
2:12:49 PM
SENATOR BISHOP asked if HB 87 had an immediate effective
date.
MS. CARRICK said it was a definition bill so she thought it
would have an immediate effective date but she offered to
check and report back to the committee.
2:13:50 PM
ALEX LOGEMANN, Policy Counsel, People for Bikes Coalition,
Denver, Colorado, spoke in support of HB 87. He stated the
coalition is a national advocacy group and trade
association for the US bicycle business that represents
suppliers, manufacturers, and distributors in the US,
including electric-assisted bicycles. He said the coalition
has been active in e-bike policies for about eight years.
He characterized the bill as a pro-industry regulatory
framework that the coalition supports.
2:15:00 PM
MR. LOGEMANN offered to cover federal laws. The three-class
system in HB 87 was also adopted into federal funding
statutes that regulate motorized vehicles. Electric-
assisted bicycles are allowed on facilities built with
federal non-motorized funding, aligning state laws with
federal laws. This provides state and local governments
assurance that when they allow e-bikes on their paths, they
will not have issues related to non-motorized federal
funding.
2:15:43 PM
MR. LOGEMANN recalled questions on how federal land
management agencies were regulating e-bikes. He reported
four agencies within the Department of the Interior,
including the National Park Service. Fish and Wildlife
Service, the Bureau of Reclamation, and the Bureau of Land
Management use the three-class system to regulate e-bikes.
The US Forest Service does not have an e-bike regulatory
framework but treats e-bikes as motorized vehicles. Thus,
e-bikes on USFS lands will be limited strictly to motorized
trails. This bill would not change that, so e-bikes will
still need to abide by USFS regulations.
2:16:49 PM
CHAIR MYERS noted that Jeffery Schmitz, Director, Division
of Motor Vehicles, was available for questions, but there
were no questions.
2:17:34 PM
CHAIR MYERS opened public testimony; finding none; he
closed public testimony on HB 87.
CHAIR MYERS asked whether members had any amendments and
there were none.
2:18:12 PM
REPRESENTATIVE WOOL made closing comments. He thanked
members for hearing the bill. Almost every state in the
country has adopted statutes defining e-bikes as bicycles.
He said he hoped that HB 87 would become law.
2:18:44 PM
SENATOR SHOWER moved to report CSHB 87(JUD), work order 32-
LS0397\B, from committee with individual recommendations
and attached fiscal note(s).
CHAIR MYERS found no objection, and CSHB 87(JUD) was
reported from the Senate Transportation Standing Committee.
REPRESENTATIVE WOOL thanked the committee.
2:19:02 PM
At ease
2:21:02 PM
CHAIR MYERS reconvened the meeting.
2:21:27 PM
There being no further business to come before the
committee, Chair Myers adjourned the Senate Transportation
Standing Committee meeting at 2:21 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 87 Backup Intro PowerPoint.pdf |
STRA 2/3/2022 1:30:00 PM |
HB 87 |
| HB 87 Backup Alaska EBIke Law.pdf |
STRA 2/3/2022 1:30:00 PM |
HB 87 |
| HB 87 Sponsor Statement.pdf |
STRA 2/3/2022 1:30:00 PM |
HB 87 |
| HB 87 Sectional Version B.pdf |
STRA 2/3/2022 1:30:00 PM |
HB 87 |
| HB 87 Fiscal DOA.pdf |
STRA 2/3/2022 1:30:00 PM |
HB 87 |