Legislature(2023 - 2024)BARNES 124
03/14/2023 01:00 PM House TRANSPORTATION
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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
[Contains discussion of SB 62.]
1:03:54 PM
CHAIR MCCABE announced that the only order of business would be
HOUSE BILL NO. 8, "An Act relating to electric-assisted
bicycles."
1:04:34 PM
REPRESENTATIVE ASHLEY CARRICK, Alaska State Legislature, as
prime sponsor, said that HB 8 would add a definition for
electric-assisted bicycles ("e-bikes") in Alaska statute. She
said that the people of West Fairbanks bike for recreational and
commuting purposes. She explained that the definition HB 8
provides would bring clarity to electric-assisted bike
transportation by eliminating a gray area in state statute. She
relayed that in the last two legislatures, there have been
previous versions of HB 8 that were brought forward by her
predecessor, Adam Wool, but made it only as far as a few Senate
committees.
1:06:05 PM
REPRESENTATIVE CARRICK stated that HB 8 proposes that e-bikes be
regulated as bicycles. She explained that under current
statute, they are neither a bike nor a motor vehicle. She said
HB 8 seeks to update statute to reflect technological advances
in the recreational biking industry and bring clarity to
retailers and consumers on electric-assisted bicycle laws.
Regarding a proposed definition of electronic-assisted bicycle
under HB 8, she advised that "a bicycle 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 with a power output that does not exceed
750 watts, which is approximately one horsepower." Both the
definition and the three-class system that is within the bill
have been adopted in 37 other states. She explained that there
are three classes of electric bicycles that are sold: class one
electric bikes assist only when the rider is pedaling and stop
providing assistance at 20 miles per hour (MPH); class two
electric bikes propel regardless of whether the rider is
pedaling and stop providing assistance at 20 MPH; class three
bikes provide assistance only when the rider is pedaling and
stop providing assistance at a speed of 28 MPH. She said there
are only four states in the U.S. that do not have electric bikes
in statute, Alaska being one of those states. She explained
that the bill specifies that electric-assisted bicycles are not
in the category of the following vehicles already defined under
statute: mopeds, motor scooters, dirt bikes, segways,
motorcycles, cars, and electric wheelchairs. She explained that
what sets electric-assisted bicycles apart from other bikes is
that the engine does not exceed 750 watts and such bikes have
fully operational pedals. She noted that electric bikes look
like any other bicycle.
1:09:58 PM
STUART RELAY, Staff, Representative Ashley Carrick, Alaska State
Legislature, on behalf of Representative Carrick, prime sponsor,
gave the sectional analysis for HB 8, which read as follows
[original punctuation provided, with some formatting changes]:
Section 1:
Amends AS 19.10.399(9) to state that the definition of
motor vehicle excludes electric-assisted bicycles.
Section 2:
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:
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:
Amends AS 28.10.011 to state that an electric-assisted
bicycle is not required to be registered as a vehicle.
Section 5:
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:
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:
Amends AS 28.90.990(a)(19) to state that an electric
assisted bicycle does not fall under the definition of
a "motorcycle."
1:12:01 PM
Section 8:
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:
Amends 28.90.990(a)(33-36) to state the term "bicycle"
includes electric-assisted bicycles in the three
following classes
o (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.
o (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
Representative Ashley Carrick
Page 2
Representative.Ashley.Carrick@akleg.gov
o (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.
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:
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.
1:14:04 PM
REPRESENTATIVE SUMNER asked why the bill states "not more than
three wheels" instead of "not more than two" for a bicycle.
1:14:13 PM
REPRESENTATIVE CARRICK answered that tricycles do exist but she
is unsure about the retail prevalence of electric-assisted
tricycles. She said that such bikes are used by individuals
with disabilities, or those that have mobility challenges. She
pointed out that there are three-wheeled recumbent bikes that
are electrically assisted.
1:14:58 PM
REPRESENTATIVE VANCE commented that HB 8 is different from what
she herself has seen before, in that the inclusion of
definitions for what is not considered an electric bike is new.
She asked why the exclusions were added.
REPRESENTATIVE CARRICK answered that the language isn't new, but
rather has not been emphasized in the sectional analysis in
previous iterations of the legislation. She said that
Legislative Legal Services felt it was important to clarify with
existing definitions of what is not considered an electric bike,
and she agreed that the definitions provided are important as
they do provide clarity.
REPRESENTATIVE VANCE referred to page 2 of HB 8, lines 17-18,
which read:
(B) a user of an electric-assisted bicycle shall
be afforded the same rights and be subject to the same
duties as a user of a bicycle;
REPRESENTATIVE VANCE asked Ms. Carrick to explain what the
rights are. Further, regarding class three bicycles, she asked
about the 28 MPH limit, and if the bill would require the
cyclist to obey speed limits.
REPRESENTATIVE CARRICK answered that Section 3 establishes that
e-bikes are to be regulated as bicycles; therefore, existing
provisions that apply to bicycles would also apply to electric
bicycles. She said she is unsure if it is in state statute, but
she shared that there might be regulation requiring that
bicycles obey speed limits. She said her intent is that
electric bicycles obey the same rules of the road that bike
users are required to follow. She explained that Section 3
allows municipal ordinances to continue regulating electric
bicycles.
1:18:40 PM
REPRESENTATIVE MINA asked, in states where electric bikes are
defined in statute, if licensing or registration is required.
REPRESENTATIVE CARRICK responded that the answer is likely no,
but she said she will follow up regarding states that do not
have language similar to HB 8 in place. She explained that the
37 states that have electric bike language like that in HB 8
have language restricting the need for a license; some states
provide a limited definition of electric bike and may have
different requirements.
1:19:29 PM
CHAIR MCCABE referred to Representative Carrick's comment
regarding the ability for a municipality to regulate electric
bikes, and he asked about the Alaska Department of Fish & Game's
(ADF&G) definition classifying such a bike as a motorized
vehicle that cannot be used in a non-motorized boat. He asked
if the bill excludes electric bikes in that scenario.
MR. RELAY answered that the question is more related to the
Department of Natural Resources (DNR) and clarified that HB 8
gives only municipalities and the Alaska Department of Public
Safety (DPS) the ability to regulate. He explained that
companion legislation in the Senate, SB 62, contains amended
language that allows DNR to limit the use in state recreation
areas. To answer Chair McCabe's question, he said no, it does
not cover that scenario.
1:20:48 PM
REPRESENTATIVE CARRICK reiterated that her goal is to clear up
the gray area that exists in state statute, and she said she
would consider language that provides departments like DNR and
ADF&G to have separate regulatory authority, like the
municipalities would, under HB 8.
CHAIR MCCABE brought up the idea of amending HB 8 to support
veterans' use of electric-assisted bicycles.
REPRESENTATIVE CARRICK responded that a major goal of hers is to
allow better access to folks that may have restrictions on
bicycling, to be able to access electric bicycling in non-
motorized areas - unless in the cases where there is municipal
or departmental regulation against that. She said she sees
electric bicycles fundamentally the same as bicycles. She
offered her understanding that the average user of an electric
bicycle is using it just to have some electric assistance to get
up hills or go on longer trails or is an older or mobility-
impaired individual seeking to get more enjoyment out of
bicycling.
1:23:46 PM
REPRESENTATIVE C. JOHNSON said that he would consider the
removal of ADF&G's authority as an "unfriendly" amendment, and
he would prepare an amendment that would [support use of e-
bikes] on non-motorized trails during a hunt.
1:24:33 PM
CHAIR MCCABE referred to a list of ADF&G answers to frequently
asked questions that is on the department's website; one
question asks, "Do electric bikes have a motor?" He read
ADF&G's answer, as follows:
Yes, they do, whether designed with throttle control
or pedal assisted, e-bikes are considered illegal in
non-motorized areas. Please be aware of this when
planning a hunt in an area managed for non-motorized
use such as a controlled use area.
CHAIR MCCABE suggested that to meet the spirit of the bill, a
friendly amendment would be to remove the language.
1:25:13 PM
REPRESENTATIVE SUMNER offered his understanding that the proper
way to add that amendment would be to add reference to AS
16.05.920, which outlines that electric-assisted bicycles are
not motorized land vehicles.
1:25:51 PM
REPRESENTATIVE VANCE referred to language on page 1, beginning
on line 11 through line 13, which read: "other specific types
of vehicles as determined by the Department of Public Safety, or
other agency having jurisdiction over the way, path or area".
She asked if the language "or other agency" would apply to every
other department; further, if that includes DNR, as that
department holds jurisdiction over state lands that electric
bikes would be used on. She said she does not want to create a
loophole, even though she would like the departments to have
authority about what is best for the land. She said she does
not want members to neglect the portion of the bill that allows
an authority to be prescriptive about certain uses.
REPRESENTATIVE CARRICK responded that she is ambivalent, in that
she is comfortable allowing DPS and DNR to make their own
regulations. She said she is also comfortable stating that, in
the case of accessing state land, the bikes are non-motorized.
She said she is neither opposed to the idea of electric bikes
being used for hunting nor to a situation where DNR restricts
that activity.
1:28:17 PM
CHAIR MCCABE asked the invited testifiers to speak.
1:28:35 PM
LEE HART, Executive Director, Alaska Outdoor Alliance, shared
that she is a lifelong outdoor recreation enthusiast and has
worked in the outdoor recreation industry for the last two
decades. She said that since 2018 she has been raising
awareness around the state's $2.2 billion outdoor recreation
economic cluster. She said she is coming before the committee
as the leader of a statewide active transportation coalition.
She relayed that some groups in the coalition, including two
municipal planning organizations, have provided testimony in
support of the legislation. She explained that the coalition is
seated within the state's Department of Health, which has a
federal grant that requires access to physical activity be made
to more Alaskans.
MS. HART explained that electric bikes resemble traditional
bikes in operation and appearance; the bike's low-speed silent
motor provides power to climb hills and lengthen the bike ride.
She said that the individual needs to know how to ride a bike.
She pointed out that electric bikes may offer a feasible choice
to take short trips; according to U.S. Department of
Transportation survey data, half of all trips in the U.S. are
three miles or less in length, which Ms. Hart said is regarded
as a bikeable range for most adults. She said that for these
reasons, electric bike sales have grown 300 percent over the
last five years, making such bikes the fastest growing segment
of the bicycle industry, according to an article by Bicycle
Retailer and Industry News. She said that HB 8 aligns with
language that is in statute in 37 other states. She explained
that a definition, and where an electric bike is allowed to
travel, is good for bike manufacturers and retailers. She
reported that membership within Alaska's various mountain
biking, cycling, and racing organizations total in the
thousands; electric bikes are used for tours, as well as sold
and rented in Southeast Alaska, namely Sitka, Juneau, and
Yakutat. She said confusion [regarding regulations] can be a
barrier to the sale of electric bikes. She thanked the
committee for considering the bill.
1:34:27 PM
JACKSON FOX, Executive Director, Fairbanks Area Surface
Transportation (FAST) Planning, explained that FAST is the state
designated metropolitan planning organization in the Fairbanks
and North Pole areas. The organization has a bicycle and
pedestrian advisory committee that meets monthly. The advisory
committee has stated its unanimous support of the language in HB
8 and specifically supports providing a definition in statute
for electric bikes, categorizing them as bicycles rather than as
motor vehicles. Further, the advisory committee supports
waiving DMV registration for electric bikes and separating
electric bikes from motor driven cycles, like motorcycles and
motor scooters, using the three-class system to define electric
bikes. He said the legislation will help state agencies and
local jurisdictions in individually deciding what kinds of
electric bikes to allow on their non-motorized facilities, like
sidewalks or trails. He said the organization supports the
language as is, with no changes.
1:36:12 PM
The committee took a brief at-ease at 1:36 p.m. [to address
technical difficulties].
1:36:36 PM
CHAIR MCCABE highlighted that electric bikes are the number one
selling electric vehicle in the U.S.
1:37:25 PM
REPRESENTATIVE CARRICK thanked members for today's hearing on HB
8.
1:37:38 PM
CHAIR MCCABE announced that HB 8 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 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 - 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 |