Legislature(2023 - 2024)GRUENBERG 120
02/23/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 8 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 8-ELECTRIC-ASSISTED BICYCLES
3:03:16 PM
CHAIR SHAW announced that the only order of business would be
HOUSE BILL NO. 8, "An Act relating to electric-assisted
bicycles."
3:04:09 PM
REPRESENTATIVE ASHLEY CARRICK, Alaska State Legislature, prime
sponsor, introduced HB 8. She provided introductory remarks on
the bill, stating that the legislation would add a definition
for electric-assisted bicycles ("e-bike") into Alaska Statute.
She listed three broad goals of the proposed legislation:
regulate e-bikes as bicycles; update the statute to reflect
technological advances in the recreational and transportation
biking community; and bring clarity to consumers and retailers
on e-bike law. She highlighted the impact of bicycling in her
district and the state as a whole for commuting, transportation,
recreation, and racing. She outlined the three-class definition
of "electric-assisted bicycle," as provided in the bill. She
paraphrased the sponsor statement [included in the committee
packet], which read as follows [original punctuation provided]:
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.
REPRESENTATIVE CARRICK said the impetus for bringing HB 8
forward was to clear up any grey area and update state statutes
to reflect the modern e-bike. She added that the legislation
would neither limit nor expand the usage of e-bikes. She
reiterated that the bill would simply add a definition of e-bike
to statute and allow municipalities and local governments to
further regulate their usage. She deferred to her staff, Mr.
Riley, to provide the sectional analysis.
3:09:15 PM
STUART RELAY, Staff, Representative Ashley Carrick, Alaska State
Legislature, on behalf of Representative Carrick, prime sponsor,
presented a sectional analysis of HB 8 [included in the
committee packet], which read as follows [original punctuation
provided]:
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 regards 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.
3:14:16 PM
CHAIR SHAW sought to confirm that segways were unregulated in
Alaska. Additionally, he asked whether the differentiating
factor between segways and e-bikes was the pedals or lack
thereof.
REPRESENTATIVE CARRICK was unsure whether segways were
regulated. Nonetheless, she acknowledged that segways were
defined in statute and lacked pedals.
CHAIR SHAW asked whether the "pedal assistance" was the primary
difference between segways and e-bikes.
REPRESENTATIVE CARRICK confirmed that the fully operative pedals
were one difference. She reiterated that segways were defined
separately in statute.
CHAIR SHAW referenced page 5, subparagraph (D), and asked
whether a class 1 e-bike with a power output of 1,000 watts was
regulated to stop assisting at 20 miles per hour (mph).
REPRESENTATIVE CARRICK conveyed that the bill language defining
the three-class system was industry standard; however, she
acknowledged that newer models of e-bikes could vary from those
definitions. She said her intent was for e-bikes not to exceed
the 20 mph assistance categories, but if the committee expressed
an interest in increasing the wattage outlined in subsection
(D), an amendment to that effect would be consider friendly, as
long as the e-bike did not otherwise exceed the class
definitions.
3:16:55 PM
The committee took a brief at-ease.
3:17:37 PM
CHAIR SHAW commenced invited testimony.
3:17:54 PM
LEE HART, Alaska Outdoor Alliance, paraphrased the following
prepared remarks [original punctuation provided]:
The Alaska Outdoor Alliance offers our full support
for House Bill 8 regarding electric-assisted bicycles.
The Alaska Outdoor Alliance is the voice of our
state's $2.2 billion outdoor recreation economic
cluster. According to an article in Bicycle Retailer
and Industry News, ebike sales have grown 300 percent
in the past five years making them the fastest growing
segment of the bicycle industry. More and more bike
retailers are saying, "ebikes are our future."
On average, the need for bike infrastructure ranked
among the top 5 needs public land managers say they
have heard from the public. Local, state and federal
land managers were surveyed on a host of topics during
development of Alaska's new five-year Statewide
Comprehensive Outdoor Recreation Plan 2023-2027.
As demand for bike-accessible trails and consumer
interest grows, HB 8 will help this economic sector
grow by defining electric-assisted bicycles ("ebike")
in statute. It adds ebikes to the list of modes of
transportation that do not have to be registered with
the Department of Motor Vehicles. It also separates
ebikes from an electric personal motor vehicle.
Finally, it separates ebikes from a motor-driven cycle
which includes motorcycle, motor scooter and motorized
bicycle.
We also ask that the bill sponsor or committee
consider adding language defining the three types of
ebike categories, specifically:
? "Class 1 electric-assisted bicycle" means an
electric-assisted bicycle equipped with a motor that
provides assistance only when the rider is pedaling,
and that ceases to provide assistance when the bicycle
reaches the speed of 20 miles per hour.
? "Class 2 electric-assisted bicycle" means an
electric-assisted bicycle equipped with a motor that
may be used exclusively to propel the bicycle, and
that is not capable of providing assistance when the
bicycle reaches the speed of 20 miles per hour.
? "Class 3 electric bicycle" means an electric-
assisted bicycle equipped with a motor that provides
assistance only when the rider is pedaling, and that
ceases to provide assistance when the bicycle reaches
the speed of 28 miles per hour. AOA recommends
language in this bill be amended to prohibit Class 3
ebikes on non-motorized facilities.
This classification will help federal, state, and
local land managers and transportation planners better
plan trail systems and enable the cycling public to
more easily understand where they can ride their e-
bike.
3:23:30 PM
JACKSON FOX, Executive Director, Fairbanks Area Surface
Transportation Planning, paraphrased the following prepared
remarks [original punctuation provided]:
The Fairbanks Area Surface Transportation (FAST)
Planning Bicycle and Pedestrian Advisory Committee
(BPAC) offers our full support for House Bill 8
ELECTRIC-ASSISTED BICYCLES.
FAST Planning is the State-designated transportation
planning organization for the Fairbanks and North Pole
area and supports local and statewide policy,
programmatic, and infrastructure improvements that
improve safety for all users of the transportation
network. FAST Planning BPAC provides a voice and
advocacy for bicyclists and pedestrians related to
local policies and projects in the Fairbanks North
Star Borough.
FAST Planning BPAC supports House Bill 8 (HB 8)
because it:
• adds a definition to the Alaska Administrative Code
for an electric-assisted bicycle (e-bike)
• adds e-bikes to the list of modes of transportation
that do not have to be registered with the Department
of Motor Vehicles.
• separates e-bikes from an electric personal motor
vehicle.
• separates e-bikes from a motor-driven cycle which
includes motorcycles, motor scooters, and motorized
bicycles.
We support defining three classes of e-bike types
consistent with 37 states. As proposed, this bill is
in line with the model legislation recommended by
People for Bikes and the League of American
Bicyclists, two non-profit organizations that work
with federal, state and local officials to make biking
safer and more accessible.
Using this 3-Class e-bike classification system will
help our group work with federal, state, and local
agencies to decide which types of e-bikes should be
allowed on non-motorized public infrastructure in
Fairbanks and around the State of Alaska. Thank you
for your support of House Bill 8.
CHAIR SHAW inquired about the acronym FAST.
MR. FOX said FAST Planning stood for "Fairbanks Area Surface
Transportation Planning," the state designated metropolitan
planning organization for the communities of Fairbanks and North
Pole.
3:25:21 PM
CHAIR SHAW opened public testimony on HB 8.
3:25:33 PM
The committee took a brief at-ease.
3:26:33 PM
DYANI CHAPMAN, State Director, Alaska Environment, expressed
support for regulating e-bikes as bicycles. She highlighted the
"booming" interest in e-bikes at present, as the electric assist
allowed for covering longer ranges, eased the burden of hills,
and increased the cargo load for activities like grocery
shopping. She pointed out that increasing the use of bicycles
would decrease air pollution and open up more energy efficient
travel options.
3:28:36 PM
KEN HILL, Owner, Juneau Bike Doctor, stated his support for HB
8. He highlighted the exponential growth in e-bike usage,
adding that a wide range of people were using them for a variety
of activities, such as full commutes, fitness, and general
recreation.
3:30:32 PM
DOUGLAS BIGGERS conveyed his support for HB 8. He shared that
he was visually impaired, explaining that an e-bike was the
closest he would get to driving a motorized vehicle for safety
concerns.
3:31:48 PM
MARC GROBER, informed the committee that he was an attorney in
Anchorage and ran a Facebook Forum, titled "Anchorage
Bicyclists," with 500 members. He expressed concern that so
far, the discussion surrounding HB 8 had not referenced 15
U.S.C. 20.85 [Low-speed electric bicycles], which defined "low-
speed electric bicycle" as "two- or three-wheeled vehicle with
fully operable pedals and an electric motor of less than 750
watts (1 h.p.0), whose maximum speed on a paved level surface,
when powered solely by such a motor while ridden by an operator
who weighs 170 pounds, is less than 20 mph." Subsection (d) of
15 U.S.C. 20.85 provided that federal law was preemptive. For
that reason, he expressed concern about the classification
system described in HB 8, characterizing it as "meaningless."
He shared his belief that despite the three-class system
proposed in the bill, the use of e-bikes would go unenforced.
He opined that the bill would effectually allow electric
motorcycles on multi-use trails, as the bike's speed-limiting
software could easily be bypassed to reach upwards of 40 mph.
He discussed the potential dangers of getting hit with an e-bike
and expressed his frustration with the Department of Public
Safety (DPS) for its refusal to update bicycle regulations since
the traffic code was adopted. He urged legislators to fix the
statutes regulating bicycle usage before allowing e-bikes on
Alaska's trails.
3:38:16 PM
The committee took a brief at-ease.
3:39:23 PM
CHAIR SHAW invited Representative Carrick to respond to Mr.
Grober's testimony.
REPRESENTATIVE CARRICK reiterated that the bill was maintaining
a neutral stance on the usage of e-bikes. She stated that the
intent of HB 8 was to simply update the state statutes to
reflect the technological advances of e-bikes. She agreed that
e-bike collisions were devastating; however, the legislation did
not address those public safety challenges. She encouraged all
e-bicyclists to obey the rules of the road or trail.
3:41:08 PM
REPRESENTATIVE ALLARD expressed her support for the bill. She
shared her understanding that further regulation of e-bike usage
would be up to local municipalities and asked whether that was
correct.
REPRESENTATIVE CARRICK shared that the Municipality of Anchorage
(MOA) had already adopted into its municipal code the definition
of e-bike, as provided in HB 8. She added that with or without
this legislation, the MOA had the ability to further limit the
classification or usage of e-bikes.
REPRESENTATIVE ALLARD recalled the effort made by the Anchorage
Assembly to make the city more bike friendly.
3:43:23 PM
DALE BANKS stated his support for HB 8 and shared his
understanding that at present, e-bikes were not permitted on
bike paths, as they were still considered motor-driven cycles.
As e-bikes were growing in popularity, he emphasized the
importance of implementing regulations to ensure that cyclists
know where they are allowed to ride. He pointed out that if HB
8 were to pass, e-bike users would be responsible for yielding
to pedestrians on trails, similar to bicycles. He added that
the bill would encourage tourism and eliminate confusion, as
regulations would remain consistent across states. He shared
his understanding that if an individual were to tamper with the
speed limiting technology on his/her bike, it would no longer
meet the statutory definition of "electric-assisted bicycle" and
would therefore be in violation of state law. He reiterated his
support for the bill.
3:46:20 PM
CHAIR SHAW closed public testimony on HB 8. He announced that
the bill would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 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 - 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 - 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 - 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 |