04/20/2021 01:00 PM House TRANSPORTATION

                HB 87-ELECTRIC-ASSISTED BICYCLES                                                                            
                                                                                                                                
1:02:17 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS  announced that the  first order of  business would                                                               
be  HOUSE BILL  NO.  87, "An  Act  relating to  electric-assisted                                                               
bicycles."                                                                                                                      
                                                                                                                                
1:03:15 PM                                                                                                                    
                                                                                                                                
ASHLEY  CARRICK, Staff,  Representative Adam  Wool, Alaska  State                                                               
Legislature, presented  HB 87 on  behalf of  Representative Wool,                                                               
prime sponsor.   Ms. Carrick  noted that a previous  iteration of                                                               
HB  87 was  House Bill  123, which  made it  to the  Senate floor                                                               
during the Thirty-First Alaska State  Legislature, at which point                                                               
the session  was adjourned  early due  to the  COVID-19 pandemic.                                                               
She stated  that HB 87 would  define "electric-assisted" bicycles                                                               
in statute,  as is done presently  in 33 other states.   She said                                                               
"this  effort"  is  supported  by   local  municipalities.    She                                                               
specified  that  the new  statute  would  focus solely  on  those                                                               
electric-assisted  bicycles that  are human-propulsion  bicycles,                                                               
with  no  more  than  750  watts  of  power,  and  which  provide                                                               
assistance only  when a rider is  pedaling up to a  maximum speed                                                               
of 28 miles per hour (mph).                                                                                                     
                                                                                                                                
MS. CARRICK gave a PowerPoint  presentation [hardcopy included in                                                               
the  committee packet],  which shows  the  bill sponsor's  intent                                                               
that electric-assisted  bicycles be  regulated as  bicycles, that                                                               
statute  be updated  to reflect  technological  advances, and  to                                                               
bring  clarity to  consumers  and  retailers regarding  electric-                                                               
assisted  bicycle laws.    She  drew attention  to  a slide  that                                                               
reiterated the definition she gave previously of an electric-                                                                   
assisted  bicycle.    Another slide  shows  which  states  define                                                               
electric-bicycles.   Those  that use  a "strict  definition," she                                                               
said, are  depicted in  green, while those  in yellow  are states                                                               
that use  a three-tiered classification  system.  She  noted that                                                               
the request  for the bill came  from "People for Bikes,"  a group                                                               
that is lobbying for three different classes of electronic-                                                                     
assisted  bicycles:   Class 1,  equipped with  a motor  providing                                                               
assistance only when  a rider is peddling up to  20 mph; Class 2,                                                               
equipped for bicycles with a  motor ceasing to provide assistance                                                               
when  a  rider reaches  20  mph,  whether  or  not the  rider  is                                                               
pedaling;  and   Class  3,  equipped   with  a   motor  providing                                                               
assistance when pedaling only, and  ceasing to provide assistance                                                               
only when  the bicycle reaches  28 mph.   She clarified  that the                                                               
definition of  electric-assisted bicycle  in HB 87  would include                                                               
Class  1  and  3 only,  not  Class  2.    Ms. Carrick  offered  a                                                               
correction to the  map, which should be updated  to reflect there                                                               
are currently 33 states  with statutes defining electric-assisted                                                               
bicycles.                                                                                                                       
                                                                                                                                
1:08:44 PM                                                                                                                    
                                                                                                                                
MS. CARRICK, in response to  Representative Hannan, said under HB
, Alaska  would be added  to the map  in the category  of green                                                               
states,  since  it would  not  include  all  three classes.    In                                                               
response to  a follow-up question,  she indicated that  the tiers                                                               
are used  in retail and  in policy-making to  distinguish between                                                               
different bicycle types.                                                                                                        
                                                                                                                                
1:10:55 PM                                                                                                                    
                                                                                                                                
MS. CARRICK, in  response to a question from Chair  Hopkins as to                                                               
the reason behind the 28 mph  threshold, said that is the typical                                                               
threshold  in manufacturing  of electric-assisted  bicycles, from                                                               
20 to 28 mph.                                                                                                                   
                                                                                                                                
1:11:45 PM                                                                                                                    
                                                                                                                                
MS.  CARRICK  returned  to  the  PowerPoint  and  turned  to  the                                                               
remaining   slides,  which   show  photos   of  electric-assisted                                                               
bicycles, as  well as  those which  are not,  such as  mopeds and                                                               
electric scooters, which do not have pedals to operate.                                                                         
                                                                                                                                
1:14:23 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS asked  what type of registration, if  any, would be                                                               
required for  those bicycles  that do require  the rider  to move                                                               
the pedal to ride.                                                                                                              
                                                                                                                                
1:14:35 PM                                                                                                                    
                                                                                                                                
JEFFREY   SCHMITZ,   Director,   Division  of   Motor   Vehicles,                                                               
Department of  Administration, indicated there is  question as to                                                               
whether a  [Class] 2 bike is  considered to be a  motorcycle, and                                                               
at times  DMV staff must  call the manufacturer to  ask; however,                                                               
if it falls into the  category of an electronic-assisted bicycle,                                                               
then  it  falls  outside  the  scope   of  the  DMV  and  is  not                                                               
registered.                                                                                                                     
                                                                                                                                
1:15:40 PM                                                                                                                    
                                                                                                                                
MR. SCHMITZ,  in response  to Representative  Hannan, said  it is                                                               
rare that the  DMV would be asked by someone  into which category                                                               
his/her  bike  falls.    In  response  to  a  follow-up  question                                                               
regarding feedback from other states,  he said many states handle                                                               
this  issue differently,  to the  point that  the Association  of                                                               
Motor Vehicle Administrators  has sought clarification nationwide                                                               
as to  what a best  practice would be.   Currently each  state is                                                               
deciding on  its own;  within each state,  much of  the decision-                                                               
making is being left up to  local jurisdictions.  He said this is                                                               
"an  emerging area."   He  reiterated that  information can  come                                                               
from the  manufacturer and,  if it's not  a motorcycle,  it falls                                                               
outside the scope of the DMV.                                                                                                   
                                                                                                                                
1:18:50 PM                                                                                                                    
                                                                                                                                
MS.  CARRICK,  upon invitation  of  Chair  Hopkins, provided  the                                                               
sectional analysis  for HB  87, which  read as  follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     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                                                                                                 
                                                                                                                                
     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 bicycle  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                                                                                                    
                                                                                                                                
     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 3)  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)(20) to state                                                                    
     that an  electric-assisted bicycle does not  fall under                                                                    
     the definition of a "motor-driven cycle                                                                                    
                                                                                                                                
     Section  8  (page  4)  Adds  a  new  definition  as  AS                                                                    
     28.90.990(a)(34)   to   define   an   electric-assisted                                                                    
     bicycle as  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, and                                                                    
     is equipped  with an  electric motor  that has  a power                                                                    
     output of not more  than 750 watts, provides assistance                                                                    
     only when the rider is  pedaling, and ceases to provide                                                                    
     assistance  to the  rider when  the  bicycle reaches  a                                                                    
     speed of 28 miles per hour.                                                                                                
                                                                                                                                
     Section 9  (page 4) Amends  AS 41.23.300 to  state that                                                                    
     electric-assisted  bicycles  are  to  be  regulated  as                                                                    
     bicycles in regards to operation in public use areas.                                                                      
                                                                                                                                
1:22:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ADAM WOOL,  Alaska  State  Legislature, as  prime                                                               
sponsor  of  HB   87,  shared  the  story   that  instigated  the                                                               
legislation,  where an  individual was  pulled over  and told  he                                                               
needed a license  to operate an electric-assisted  bicycle he was                                                               
riding.   The  proposed  legislation would  clarify that  someone                                                               
riding an electric-assisted bicycle does  not need a license.  In                                                               
response to  Representative Hannan, he offered  his understanding                                                               
that the man did not get arrested but had to walk the bike home.                                                                
                                                                                                                                
1:25:09 PM                                                                                                                    
                                                                                                                                
MR. SCHMITZ, in  response to a question about  the clarity needed                                                               
regarding Class 2,  which is not covered under  HB 87, reiterated                                                               
that if  the DMV came across  a vehicle where there  was question                                                               
as to whether  or not it was  a bicycle or a  motorcycle, then it                                                               
would contact the manufacturer.                                                                                                 
                                                                                                                                
1:27:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL,  in   response  to  Representative  Hannan,                                                               
agreed that  the crux  of the  issue is to  be able  to determine                                                               
whether a  vehicle requires  registration.   He pointed  out that                                                               
the Class  2 has pedals but  does not require their  use, whereas                                                               
the Class 1  and 3 electric-assisted bicycles require  use of the                                                               
pedals  to engage  the electric-assist  feature of  the bicycles.                                                               
Certain  municipal  ordinance  may  still  ban  electric-assisted                                                               
bicycles   from  bicycles   paths;  however,   most  allow   both                                                               
traditional pedal bicycles and  electric-assisted bicycles on the                                                               
paths.                                                                                                                          
                                                                                                                                
1:29:39 PM                                                                                                                    
                                                                                                                                
CHAIR  HOPKINS  opened   public  testimony  on  HB   87.    After                                                               
ascertaining there  was no one  who wished to testify,  he closed                                                               
public testimony.                                                                                                               
                                                                                                                                
1:29:54 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS announced that HB 87 was held over.