05/03/2019 01:00 PM House JUDICIARY

                HB 123-ELECTRIC-ASSISTED BICYCLES                                                                           
                                                                                                                                
1:23:05 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE  BILL  NO.  123,  "An  Act  relating  to  electric-assisted                                                               
bicycles."                                                                                                                      
                                                                                                                                
1:23:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL introduced HB 123  as prime sponsor.  He said                                                               
that the  impetus for  the bill  was an  incident during  which a                                                               
constituent  was pulled  over and  told he  could not  operate an                                                               
electric-assisted   bicycle    without   a    driver's   license.                                                               
Representative Wool noted that motorized  vehicles are defined by                                                               
statute, but electric-assisted bicycles are  not.  He said HB 123                                                               
would define  electric-assisted bicycles and stipulate  that they                                                               
be treated  the same as bicycles.   He explained that  this means                                                               
an operator would not need a  driver's license or helmet and that                                                               
the electric-assisted  bicycle would  not need to  be registered.                                                               
He added that  a municipality would be allowed  the discretion to                                                               
impose different rules on electric-assisted bicycles.                                                                           
                                                                                                                                
1:25:28 PM                                                                                                                    
                                                                                                                                
ANNE  RITGERS,  Staff,  Representative Adam  Wool,  Alaska  State                                                               
Legislature,  began   her  PowerPoint  presentation   [hard  copy                                                               
included in  the committee  packet].  She  addressed slide  1 and                                                               
said the  objective of  HB 123  is to  regulate electric-assisted                                                               
bicycles as bicycles, to update  statute to reflect technological                                                               
advances, and to clarify the law for consumers and retailers.                                                                   
                                                                                                                                
MS. RITGERS  addressed slide 2.   She  said the definition  of an                                                               
electric-assisted bicycle can be found  in section 8 of the bill.                                                               
She  explained that  an electric-assisted  bicycle  is 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  when the  bicycle reaches  a  speed of  28 miles  per                                                               
hour.                                                                                                                           
                                                                                                                                
1:26:45 PM                                                                                                                    
                                                                                                                                
MS.  RITGERS addressed  slide  3,  which featured  a  map of  the                                                               
United States  displaying the  36 states that  have some  type of                                                               
electric bicycle  definition in statute.   She noted  that Alaska                                                               
is not one of those states.                                                                                                     
                                                                                                                                
MS.   RITGERS  addressed   slides   4  and   5,  which   featured                                                               
illustrations of electric-assisted bicycles.   She highlighted in                                                               
one photo  the battery  pack mounted  on the  main frame  and the                                                               
motor  located in  the  hub.   She  restated  that all  electric-                                                               
assisted bicycles  have fully  operable pedals.   She  noted that                                                               
some  electric-assisted  bicycles  have  the  battery  and  motor                                                               
within the frame, making them appear more like normal bicycles.                                                                 
                                                                                                                                
MS.  RITGERS addressed  slide 6,  which  featured a  photo of  an                                                               
electric scooter and  a photo of a moped.   She clarified that HB
 draws  a distinction  between electric-assisted  bicycles and                                                               
electric scooters  or mopeds.  She  noted that the latter  do not                                                               
have fully operative pedals and have larger gasoline engines.                                                                   
                                                                                                                                
1:27:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW  acknowledged  the   note  made  during  the                                                               
presentation about  the maximum speed of  29 miles per hour.   He                                                               
noted that there  is language on page 3, line  26 that reads "not                                                               
more than  15 miles an  hour."  He  asked if this  is conflicting                                                               
language.                                                                                                                       
                                                                                                                                
MS. RITGERS said  the definition to which  Representative Shaw is                                                               
referring is  of an "electric  personal motor vehicle,"  which is                                                               
different from an electric-assisted bicycle.                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW thanked  her for  clarifying that  there are                                                               
two definitions.                                                                                                                
                                                                                                                                
1:28:53 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked  for an example of an  electric personal motor                                                               
vehicle,  defined   in  section   5  of  the   bill  and   in  AS                                                               
28.90.990(a)(12).                                                                                                               
                                                                                                                                
REPRESENTATIVE WOOL  said the drafters  deduced that  the statute                                                               
refers  to  a two-wheeled,  non-tandem  personal  vehicle like  a                                                               
Segway.                                                                                                                         
                                                                                                                                
1:29:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  if  electric-assisted bicycles  are                                                               
currently regulated.                                                                                                            
                                                                                                                                
MS.  RITGERS said  electric-assisted  bicycles fall  into a  gray                                                               
area  because  they do  not  fit  any  current definitions  of  a                                                               
vehicle in Alaska statute.  She  restated that the purpose of the                                                               
bill is to clearly define them.                                                                                                 
                                                                                                                                
REPRESENTATIVE LEDOUX  asked what the  problem is that HB  123 is                                                               
attempting to fix.                                                                                                              
                                                                                                                                
REPRESENTATIVE WOOL  restated that  the bill was  conceived after                                                               
one  of  his  constituents  was   pulled  over  while  riding  an                                                               
electric-assisted bicycle.   He explained that  the constituent's                                                               
driver's  license  had  been revoked  and  the  electric-assisted                                                               
bicycle being used to commute.   He said the constituent was told                                                               
he   could   not  operate   it   without   a  driver's   license.                                                               
Representative  Wool  noted  that  there  are  motorized  vehicle                                                               
regulations in  statute that  refer to a  50cc gasoline  motor or                                                               
larger.   He said electric  motors are not currently  defined and                                                               
HB 123 would  fix that.  He said the  bill would also distinguish                                                               
between  electric-assisted bicycles  and other  bicycles that  do                                                               
not  require  pedaling.    He   said  the  latter  would  not  be                                                               
categorized  as  "e-bikes" under  state  law.   He  restated  the                                                               
intention to define electric-assisted  bicycles and to treat them                                                               
like bicycles.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX  mused that HB 123  would exclude electric-                                                               
assisted bicycles from regulation rather than regulate them.                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  stated that  HB 123 would  define them  as a                                                               
class  of bicycle  not  to  be confused  with  scooters or  other                                                               
motorized vehicles without pedals.                                                                                              
                                                                                                                                
1:31:47 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted that HB  123 would establish a  statutory top                                                               
speed  of 28  miles  per hour.    He asked  what  happens if  the                                                               
industry decides  to change  the standard top  speed to  30 miles                                                               
per hour.   He asked if they those bicycles  would all be treated                                                               
as motorized vehicles.                                                                                                          
                                                                                                                                
REPRESENTATIVE WOOL  said there are different  classifications of                                                               
pedal-assisted electric  bicycles.  Some, he  explained, cease to                                                               
assist when  the bicycle reaches  20 miles per hour  while others                                                               
cease  at 28  miles  per hour.    He  said if  there  were a  new                                                               
generation  of  electric-assisted bicycles  that  went  up to  35                                                               
miles per hour with pedal assist,  then - assuming HB 123 becomes                                                               
law  -  they would  be  classified  in  a different  category  of                                                               
motorized vehicles  where helmets,  registration, and  a driver's                                                               
license are required for operation.                                                                                             
                                                                                                                                
1:32:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  how the  passage of  HB 123  would                                                               
affect a situation in which  Representative Wool's constituent is                                                               
pulled over again.                                                                                                              
                                                                                                                                
REPRESENTATIVE WOOL  remarked that, if the  constituent is riding                                                               
an  electric-assisted bicycle  that fits  the new  definition and                                                               
the police officer  is aware of the definition,  then there would                                                               
be no  reason why  the constituent could  not ride  his electric-                                                               
assisted bicycle on roads just like a normal bicycle.                                                                           
                                                                                                                                
REPRESENTATIVE  EASTMAN said  it  seems the  legislature has  not                                                               
given  discretion to  traffic officers  to pull  over people  for                                                               
riding  electric-assisted bicycles.    He  asked, "Shouldn't  the                                                               
response just be 'this isn't a vehicle'?"                                                                                       
                                                                                                                                
REPRESENTATIVE  WOOL  said he  thinks  there  is confusion  about                                                               
vehicles with  a motor  that should not  be treated  as motorized                                                               
vehicles.   He  restated that  electric motors  are not  directly                                                               
addressed in  statute.   He said  HB 123 would  make 750  watts                                                                 
about 1 horsepower - the maximum size for electric motors.                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN asked  how a police officer  would be able                                                               
to  tell the  different between  a 750-watt  motor and  something                                                               
larger or  smaller.   He asked  if there is  some sort  of visual                                                               
cue.                                                                                                                            
                                                                                                                                
REPRESENTATIVE WOOL said he does  not have a definitive answer to                                                               
that  question.   He  said  a  2,000-watt  motor would  make  the                                                               
vehicle  larger,  heavier,  and  allow  it  to  go  faster.    He                                                               
suggested that  a police officer  who suspects that  an electric-                                                               
assisted bicycle  rider is  going too fast  could pull  the rider                                                               
over to  investigate.   He mused  that the  officer would  take a                                                               
commonsense approach to enforcement.                                                                                            
                                                                                                                                
REPRESENTATIVE EASTMAN asked if there  would be a speed limit for                                                               
electric-assisted bicycles should HB 123 become law.                                                                            
                                                                                                                                
REPRESENTATIVE WOOL said they would  be treated like bicycles and                                                               
there is  no speed limit for  bicycles.  He said  if someone hits                                                               
45 miles  per hour riding a  bicycle down a hill,  that is legal.                                                               
He  said the  rider should  be wearing  a helmet,  but it  is not                                                               
required  by  state law.    He  said  the  same would  apply  for                                                               
electric-assisted bicycles.                                                                                                     
                                                                                                                                
1:36:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  what  happened  to  Representative                                                               
Wool's constituent who was pulled over.                                                                                         
                                                                                                                                
REPRESENTATIVE WOOL  said he does  not know.   He said  he thinks                                                               
the  constituent was  forced  to walk  home.   He  said he  would                                                               
follow up to get the exact details.                                                                                             
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  she  is attempting  to  figure  out                                                               
whether this is  an issue that needs to be  addressed in statute,                                                               
or if it  is a matter of ensuring police  officers are aware that                                                               
a  driver's license  is not  necessary  for the  operation of  an                                                               
electric-assisted bicycle.                                                                                                      
                                                                                                                                
REPRESENTATIVE  WOOL said  it  would be  great  to ensure  police                                                               
awareness.    He said  most  states  have statutes  that  address                                                               
electric-assisted  bicycles   for  the  purpose   of  eliminating                                                               
confusion  about what  is  and  isn't a  motorized  vehicle.   He                                                               
argued  that HB  123 would  clearly define  what is  an electric-                                                               
assisted bicycle.                                                                                                               
                                                                                                                                
1:38:22 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 123.                                                                                 
                                                                                                                                
1:38:57 PM                                                                                                                    
                                                                                                                                
CARY  SHIFLEA said  he  owns  an electric  bicycle  store but  is                                                               
testifying  as  an  individual.    He said  he  has  been  riding                                                               
electric bicycles  since 2012 and  has found that they  allow him                                                               
to  get  out  more than  he  typically  would.    He said  it  is                                                               
important  to  clarify  the  state   law  and  to  avoid  lumping                                                               
electric-assisted  bicycles with  50cc  motors,  which he  argued                                                               
would not  survive litigation  as electric motors  do not  have a                                                               
cubic  centimeter  displacement  value.    He  said  he  supports                                                               
aligning state law with the  Municipality of Anchorage's electric                                                               
bicycle law,  which he  explained HB  123 would do.   He  said it                                                               
would also align with the  federal definition of what an electric                                                               
bicycle is  through the  Consumer Product Safety  Act.   He noted                                                               
that an industry standard enacted  in 2016 ensures that electric-                                                               
assisted  bicycles  are   stamped  with  a  class  1,   2,  or  3                                                               
distinction.    He  said  90  percent  of  the  electric-assisted                                                               
bicycle  industry is  building to  the  20 miles  per hour  limit                                                               
while only a few  are building to the 28 miles  per hour limit or                                                               
higher.   He  stated that  if an  electric-assisted bicycle  goes                                                               
faster than 28 miles per hour or  has a larger motor than what is                                                               
deemed fit, then it should be  classified as a motor vehicle.  He                                                               
said an electric-assisted bicycle that  goes 28 miles per hour or                                                               
less should be treated like a traditional bicycle.                                                                              
                                                                                                                                
1:41:00 PM                                                                                                                    
                                                                                                                                
WILLIAM  HARRINGTON  said  electric  vehicles  of  all  type  are                                                               
"really going  gang."  He  suggested changing the  term "bicycle"                                                               
to "personal  wheeled electric vehicle,  a PWEV."  He  noted that                                                               
electric  skateboards and  electric  scooters  are becoming  more                                                               
popular.  He said electric-assisted  bicycles are not the same as                                                               
pedal  bicycles just  like a  speed  boat is  not the  same as  a                                                               
rowboat.  He stated that personal  injury can only be worse in an                                                               
accident when  a helmet is not  worn.  He said  helmets should be                                                               
required for  use.  He  asked how  many tragic accidents  will be                                                               
necessary before  state legislators upgrade  safety requirements.                                                               
He discussed  the electric  scooter companies  Lime and  Bird and                                                               
said their products should be  included in the present discussion                                                               
as they will  become more popular in the future.   He argued that                                                               
electric-assisted  bicycles should  be licensed,  registered, and                                                               
have a state-issued title.                                                                                                      
                                                                                                                                
1:43:05 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 123.                                                                                     
                                                                                                                                
1:43:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if police officers  should currently                                                               
be stopping people who ride electric-assisted bicycles.                                                                         
                                                                                                                                
KEVIN HIGGINS, Assistant Attorney  General, Labor & State Affairs                                                               
Section,  Civil Division,  Department of  Law, said,  "That is  a                                                               
much more  complicated question than  just yes  or no."   He said                                                               
the  answer  depends  on the  circumstances  of  the  interaction                                                               
between the officer and the  person riding the [electric-assisted                                                               
bicycle].                                                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX  said she does not  understand that answer.                                                               
She said it is either considered  a motor vehicle under state law                                                               
or it is  not, regardless of the interaction  between the officer                                                               
and rider.                                                                                                                      
                                                                                                                                
MR. HIGGINS  said the issue  stems from the opaque  definition of                                                               
  -bikes"  in  statute.    He  said they  are  treated  as  motor                                                               
vehicles  in  one section,  as  motorcycles  in another,  and  as                                                               
"motor-driven  cycles" in  yet another.    He said  they are  not                                                               
currently regulated  as bicycles  or "off-highway vehicles."   He                                                               
noted that  the term "motorized  bicycle" appears in  some public                                                               
safety regulations,  but that term  is never defined.   He stated                                                               
that, as it currently stands,  electric-assisted bicycles must be                                                               
registered and insured.                                                                                                         
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked for  confirmation  that  HB 123  is                                                               
necessary  to clarify  whether electric-assisted  bicycles should                                                               
be stopped.                                                                                                                     
                                                                                                                                
MR. HIGGINS said he believes  the bill would help clarify things.                                                               
He highlighted language located in section  3 on page 2, lines 10                                                               
through 13.   He said the language is important  because it would                                                               
allow  the municipalities  to develop  their own  regulations and                                                               
ensure that local law enforcement knows how to enforce them.                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  she  thought  the  Municipality  of                                                               
Anchorage  already  has  regulations.    She  asked  how  it  has                                                               
regulations if HB 123 is necessary to allow it to regulate.                                                                     
                                                                                                                                
MR. HIGGINS said he is  not entirely clear about the Municipality                                                               
of Anchorage's  regulations.  He  clarified that section  3 would                                                               
make it  explicit  that state  regulation could not  prohibit the                                                               
use of  an electric-assisted bicycle,  but this  limitation would                                                               
not apply to municipal regulation                                                                                               
                                                                                                                                
1:47:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if state  law requires the use  of a                                                               
helmet for motorcycle riders.                                                                                                   
                                                                                                                                
MR. HIGGINS said  he believes it is not required  for people over                                                               
the age of 18.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX asked if there  are any rules about bicycle                                                               
helmets under state law.                                                                                                        
                                                                                                                                
MR. HIGGINS answered, "not under state law.                                                                                     
                                                                                                                                
1:48:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the committee would hold  HB 123 for                                                               
further review.