Legislature(2023 - 2024)
04/20/2023 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB21 | |
| Presentation: What is Electronic Registration | |
| SB95 | |
| HB8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 21 | TELECONFERENCED | |
| *+ | SB 95 | TELECONFERENCED | |
| *+ | HB 8 | TELECONFERENCED | |
| + | SB 62 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 8-ELECTRIC-ASSISTED BICYCLES
4:24:20 PM
CHAIR KAWASAKI announced the consideration of CS FOR HOUSE BILL
NO. 8(TRA) "An Act relating to electric-assisted bicycles; and
providing for an effective date."
He noted that this was the companion bill to SB 62 that many
members had already seen.
4:25:00 PM
REPRESENTATIVE ASHLEY CARRICK, District 35, Alaska State
Legislature, Juneau, Alaska, sponsor of HB 8, introduced the
legislation speaking to the sponsor statement.
Electric-assisted bicycles are an emerging and
exciting source of exercise, transportation, and
recreation for Alaskans. Currently 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. This is problematic since
electric-assisted bicycles do not currently fit into
existing definitions of any other type of vehicle. A
new definition in statute is needed to address
electric-assisted bicycles that can resolve this
confusion for electric-assisted bicycle owners and
retailers.
Forty-six other states define electric bicycles and
thirty-nine of those states classify e-bikes with a
three-tiered industry standard definition. Here in
Alaska, the Municipality of Anchorage defined low-
speed electric bicycles in 2016. Adding this
definition to statute will regulate electric-assisted
bicycles as a bicycle, and that any current statute
related to bicycles includes electric assisted-
bicycles. Additionally, e-bikes are not subject to the
registration, licensing or insurance requirements that
apply to motor vehicles, and they may be operated
where regulations currently allow bicycles to be
operated.
Additionally, this legislation has passed the House in
the two preceding legislatures. Please join me in
supporting House Bill 8 to bring our statutes up to
date so all Alaskans can enjoy and use electric-
assisted bicycles.
4:27:14 PM
REPRESENTATIVE CARRICK stated that HB 8 has three goals: 1) to
regulate electric assisted bicycles as bicycles in statute, 2)
to update the statute to reflect the advances in technology, and
3) to bring clarity to consumers and retailers on electric-
assisted bicycle laws and allow local flexibility. The new
definition in statute would identify an e-bike as a bicycle that
is designed to have not more than three wheels in contact with
the ground; has fully operable pedals for human propulsion; and
is equipped with an electric motor with a power output of not
more than 750 watts.
HB 8 further defines three classes of electric bicycles; Class 1
provides assistance only while the rider pedals and stops
assisting at a maximum speed of 20 miles per hour (mph); Class 2
propels the rider whether or not the rider pedals and stops
assisting at a maximum speed of 20 mph; Class 3 assists the
rider only when the rider is pedaling and stops assisting at a
maximum speed of 28 mph. She highlighted that the definitions in
HB 8 have been adopted in 39 other states. The language in HB 8
also clarifies that e-bikes are not mopeds, motor scooters, dirt
bikes, segues, motorcycles, cars, or electric wheelchairs.
4:31:31 PM
CHAIR KAWASAKI requested the sectional analysis.
4:31:45 PM
STUART RELAY, Staff, Senator Ashley Carrick, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for HB 8 on behalf of the sponsor.
Section 1. (Page 1) Amends AS 19.10.399(9) to state
that the definition of motor vehicle excludes
electric-assisted bicycles.
Section 2. (Page 1) Amends AS 19.10.399(16) to clarify
that electric-assisted bicycles are to be regulated as
bicycles in regard to operation on a way, path, or
area.
Section 3. (Page 1-2) Amends AS 28.05.011(a) to state
that electric-assisted bicycles should be regulated as
bicycles in regard to the rules of the road. It also
includes electric-assisted bicycles under an existing
provision allowing municipal ordinances to separately
regulate in this area.
Section 4. (Page 3) Amends AS 28.10.011 to state that
an electric-assisted bicycle is not required to be
registered as a vehicle.
Section 5. (Page 3-4) 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 "motor vehicle."
Section 7 (Page 4) Amends AS 28.90.990(a)(19) 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.
Section 9 (Page 4-5) Amends 28.90.990(a)(33-36) to
state 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 weather or
not the rider is pedaling and that stop providing
assistance at the speed of 20 miles per hour
(36) Class 3: bicycles that only assist while the
rider is pedaling and that stop providing
assistance at the speed of 28 miles per hour.
Section 9 Cont. (Page 4-5) Amends AS 28.90.990(a)(37)
to define electric assisted bicycles as a bicycle that
is designed to travel with not more than three wheels
in contract 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, and includes Class 1, Class 2, and
Class 3 electric assisted bicycles.
Section 10 (Page 5) Amends AS 41.23.300 is amended by
adding a new section that states "bicycling" includes
the use of electric-assisted bicycles, and that
"electric-assisted bicycles" have the meaning provided
for in the previous section.
MR. RELAY listed the letters of support for HB 8 that were in
members' packets.
4:36:39 PM
SENATOR WIELECHOWSKI asked how the definition of e-bikes in the
bill aligns with the federal definition.
MR. RELAY replied that the definitions are the same.
SENATOR WIELECHOWSKI asked if there were federal efforts to
regulate the usage of e-bikes.
MR. RELAY replied that the Department of the Interior, which
includes the National Park Service and the Bureau of Land
Management (BLM) and the US Forest Service (Department of
Agriculture) use this definition for e-bikes. In National Parks
it is up to the park superintendent whether or not e-bikes can
be used on trails that allow bicycles. He noted that Denali
National Park allows e-bikes on trails that bicycles use. On BLM
land, the land use plan for a particular parcel must allow the
use of e-bikes.
SENATOR WIELECHOWSKI asked whether this bill would impact
Anchorage's regulatory scheme for electric bicycles.
MR. RELAY responded that the Municipality of Anchorage uses the
same definition for e-bikes as the federal government.
4:38:49 PM
SENATOR WIELECHOWSKI asked whether the bill changes the way
Anchorage regulates e-bikes.
MR. RELAY answered no, the bill does not change how Anchorage
regulates electric assisted bikes.
SENATOR WIELECHOWSKI asked whether the bill will impact how e-
bikes are used on the BLM Special Recreation Management Area
Campbell Track that's in the Municipality of Anchorage.
MR. RELAY answered that BLM personnel are reviewing an amendment
to the land use plan for Campbell Track to allow e-bikes, but
they currently are not allowed.
SENATOR WIELECHOWSKI asked if HB 8 would create an inconsistency
between the way the state treats electric assisted bicycles and
motorized scooters. If so, he asked for the rational for the
disparity.
MR. RELAY replied that scooters fall under a completely
different definition that is not included in HB 8.
SENATOR WIELECHOWSKI asked for the rational for treating them
differently.
MR. RELAY replied they are treated differently because they are
different vehicles. Motorized scooters don't have to have
operable pedals and are not bicycles. HB 8 says that because of
the similarities between bicycles and electric assisted
bicycles, they are both bicycles.
SENATOR WIELECHOWSKI asked if there was an ongoing rewrite of
the regulations in 13 AAC (2) and (4) that could address the
definition of e-bicycles.
MR. RELAY replied that bills to define e-bikes as bicycles have
been introduced since 2019 and to his knowledge there was no
active rewrite of 13 AAC (2) and (4) in process.
SENATOR WIELECHOWSKI asked if any department had sufficient
statutory authority to define electric assisted bikes as not a
motorized vehicle or if that required a statutory change.
MR. RELAY offered his understanding that various department
define electric assisted bicycles differently, which results in
a gray area and HB 8 clears up that gray area.
4:41:41 PM
SENATOR WIELECHOWSKI asked if people who have lost their
driver's license because of a DUI or a dangerous driving
infraction would be able to get back on the road on an e-bike.
MR. RELAY answered that HB 8 regulates electric assisted
bicycles as bicycles. People who have lost their license are
able to ride bicycles so, as written, they would be able to ride
an electric assisted bicycle.
SENATOR WIELECHOWSKI asked if there was evidence that charging
an e-bike in a residential building could create a risk of fire
or explosion.
MR. RELAY answered that the sponsor has not found any instances
of that happening.
SENATOR WIELECHOWSKI asked if e-bikes can be modified to go
faster than allowed under the definition in the bill.
MR. RELAY replied that it would no longer be an e-bike.
4:43:19 PM
CHAIR KAWASAKI asked whether electric assisted bicycles require
a license plate or specialty registration to use on roads.
MR. RELAY responded that SB 95 relating to specialty plates
would not apply specifically to House Bill 8.
4:43:47 PM
SENATOR BJORKMAN asked why electric assisted bicycles can travel
so much faster than a regular bike that does not have electric
assist.
MR. RELY replied that the definition in the bill has been widely
adopted including by about three-quarters of the states, the
federal government, and the Municipality of Anchorage. HB 8
seeks to add Alaska to that list.
SENATOR BJORKMAN asked how far someone typically could travel on
one full battery.
MR. RELAY said he didn't have any personal experience but he
would guess the range would be 50-100 miles. He offered to
follow up with an answer after doing some research.
CHAIR KAWASAKI reported that the land speed record trailing
behind a vehicle was 183 mph and the top speed for a
conventional bike was 88.26 mph. He noted that Senator Claman
shared that his top speed down Thompson Pass was 45 mph.
4:48:32 PM
CHAIR KAWASAKI opened public testimony on SB 95.
4:48:40 PM
ERIC TROYER, board member, Fairbanks Cycle Club (FCC),
Fairbanks, Alaska, stated that FCC supports HB 8 for several
reasons: 1) it adds a definition for e-bikes to the Alaska
Administrative Code; 2) it adds e-bikes to the list of modes of
transportation that do not need to be registered with the
Division of Motor Vehicles (DMV); 3) it separates e-bikes from
motor-driven cycles such as motorcycles and motor scooters; 4)it
has language that defines the three classes of e-bikes; 5) the
national groups League of American bicyclists and People for
Bikes as well as 30 states advocate this language; and 6) it
supports local control by allowing municipalities and state
agencies to add further regulation. E-bikes encourage more
people to cycle and they encourage some people to replace car
trips with cycle trips, which improves health, reduces traffic
congestion, and reduces greenhouse gases that contribute to
climate change. He advocated for further encouraging e-bikes
with a good law like HB 8.
MR. TROYER offered the following perspective on the speed of e-
bikes. His wife, who is over 60, leads a group of fit women
riders and their average pace on road rides is 16 - 18 mph.
4:50:51 PM
SENATOR WIELECHOWSKI asked if there was any concern in the
cycling community about conflict between people using e-bikes on
trails where people and dogs are walking.
MR. TROYER replied that the club discussed the issue and decided
it was better to let local municipalities control any additional
regulations because what fits one municipality might not be
appropriate for another.
4:51:43 PM
DYANI CHAPMAN, State Director, Alaska Environment, Anchorage,
Alaska, stated that this is a statewide nonprofit environmental
organization that supports regulating e-bikes as bicycles. HB 8
allows people to have a better idea of how and where they will
be able to use e-bikes in their community. E-bikes provide a
more efficient transportation choice and make it possible for
more people to cycle whether they're going to work, running
errands, or recreating. E-bikes are an efficient use of energy
and don't contribute to air pollution. She relayed that she's
comfortable sharing space with e-bikes when she's riding her
traditional pedal bicycle. She also pointed out that the bill
gives municipalities the option of further regulating e-bikes if
there are concerns in a particular area. She thanked the
committee for considering HB 8.
4:53:46 PM
JOHN SCHAUER, representing self, Fairbanks, Alaska, stated that
he is 66 years old and in January 2018 he and his wife purchased
Class 1 electric assist bicycles. HB 8 would regulate these as
bicycles just as they're regulated in Canada, most of Europe, 39
other states, and the Municipality of Anchorage. Since he
purchased his bike he's ridden 6,900 miles, mostly on trails in
Alaska and the Yukon. He rides 6-20 miles 4-6 days per week
during most of the year. He typically averages 10-12 mph with
top speeds of 20 mph, which is about the speed he goes with his
Alaskan huskies. He shares trails with dog mushers, conventional
cyclists, skiers, and four-wheelers and has never had a
conflict. He relayed his experience with motorcycles and
motorized bikes and said his e-bike is definitely neither of
those. He rides his e-bike with his sons who are on mountain
bikes. They drop him on the down hills but he catches them on
the uphill. He views each of the four levels of assist as taking
10 years off his age. He can't ride a road bike at 17-18 mph for
40-50 miles any more but his e-bike allows him to get out and
enjoy the trails with all the other trail users and his dog. He
said he hopes the committee supports HB 8.
MR. RELAY thanked the committee for hearing the bill.
4:59:22 PM
CHAIR KAWASAKI closed public testimony HB 8 and held the bill in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| License Plates Division of Motor Vehicles Department of Administration State of Alaska.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| HB8.LM.Municipal Regulation of EBikes (002).pdf |
SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 2023.03.28.HB8.Support.City of Homer.pdf |
SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| SB0095A.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| SB95A Sponsor Statement.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| SB95A Sectional.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| Fiscal note SB 95.pdf |
SSTA 4/20/2023 3:30:00 PM |
SB 95 |
| HB 8 - Version A.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Sponsor Statement - Version A.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Sectional Analysis - Version A.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Support Letter - AOA - 2023.02.02.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Support Letter - JMBA - Updated 2023.02.01.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Fiscal Note - ADM.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| HB 8 - Fiscal Note - DPS.pdf |
HSTA 2/23/2023 3:00:00 PM HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 2023.03.15.HB8.Support.FAST Planning.pdf |
HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 2023.03.20.HB8.Oppose.MarcGruber.pdf |
HTRA 3/14/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 2023.03.22.HB.Support.FCC.pdf |
HTRA 3/28/2023 1:00:00 PM SSTA 4/20/2023 3:30:00 PM |
HB 8 |
| 3.8.23 Eric Feige APOC Resume_Redacted.pdf |
SSTA 4/20/2023 3:30:00 PM |
confirmation |
| ERIC - AK Legislature April 20 2023.pdf |
SSTA 4/20/2023 3:30:00 PM |
ERIC |