Legislature(2023 - 2024)BARNES 124

03/28/2023 01:00 PM House TRANSPORTATION

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
01:01:50 PM Start
01:02:30 PM HB8
01:21:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 8 ELECTRIC-ASSISTED BICYCLES TELECONFERENCED
Moved CSHB 8(TRA) Out of Committee
-- Public Testimony <Time Limit May Be Set> --
+ Consideration of Governor’s Appointees: Board TELECONFERENCED
of Marine Pilots - Edward Sinclair
<Above Item Removed from Agenda>
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                HB 8-ELECTRIC-ASSISTED BICYCLES                                                                             
                                                                                                                                
1:02:30 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE announced  that the only order of  business would be                                                               
HOUSE  BILL   NO.  8  "An   Act  relating   to  electric-assisted                                                               
bicycles."                                                                                                                      
                                                                                                                                
1:03:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  moved  to  adopt  the  proposed  committee                                                               
substitute  (CS)   for  HB  8,  Version   33-LS0196\S,  Bergerud,                                                               
3/28/23, as a working document.                                                                                                 
                                                                                                                                
CHAIR MCCABE objected for the purpose of discussion.                                                                            
                                                                                                                                
1:03:42 PM                                                                                                                    
                                                                                                                                
BUDDY  WHITT, Staff,  Representative Kevin  McCabe, Alaska  State                                                               
Legislature,  explained that  the  proposed CS  would  add a  new                                                               
section to  HB 8,  on page 1,  line 1, through  page 2,  line 24,                                                               
amending  AS  16.05.255(a),  directing   the  Board  of  Game  to                                                               
promulgate  regulations to  provide  that areas  closed to  motor                                                               
vehicles  for hunting  are also  closed to  the use  of electric-                                                               
assisted  bicycles for  hunting, except  for residents  holding a                                                               
permanent  identification card  issued under  AS 16.05.400(b)  or                                                               
disabled  veterans  as  defined  under AS  16.05.341(1)  or  (2).                                                               
Further,  in Section  12, on  page 6,  line 15,  the proposed  CS                                                               
would add an immediate effective date for HB 8.                                                                                 
                                                                                                                                
MR. WHITT  relayed that  the immediate  effective date  could aid                                                               
starting and existing tour companies  that utilize electric bikes                                                               
("e-bikes")  ahead  of  the  tour  season.   He  noted  that  the                                                               
proposed  CS was  brought  to the  Board of  Game,  which is  not                                                               
opposed to the amendment.  He  pointed out that there are already                                                               
regulatory guidelines  for e-bikes,  so he anticipates  that once                                                               
the board  is finished with its  review, there will be  no fiscal                                                               
impact to  HB 8 because  promulgation of regulations  has already                                                               
been done.   He added  that the amendment  to Section 1  was from                                                               
Representative C. Johnson.                                                                                                      
                                                                                                                                
1:07:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER  asked if the  proposed CS would  require a                                                               
title change for HB 8.                                                                                                          
                                                                                                                                
MR. WHITT answered  that under the proposed CS  title language is                                                               
added.  He explained that the  new additions to Section 1 did not                                                               
require a title change; however, the effective date change did.                                                                 
                                                                                                                                
1:08:39 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE  removed his  objection to the  motion to  adopt the                                                               
proposed CS for HB 8,  Version 33-LS0196\S, Bergerud, 3/28/23, as                                                               
a working document.  There  being no further objection, Version S                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:08:59 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE opened public testimony on HB 8, Version S.                                                                        
                                                                                                                                
1:09:15 PM                                                                                                                    
                                                                                                                                
MARC   GROBER,  representing   self,   shared  that   he  is   an                                                               
administrator of  the "Anchorage Bicyclists" Facebook  Group.  He                                                               
said that  as a retiree, he  spends about 10 hours  a week biking                                                               
in  Anchorage in  the  summer.   He  said that  due  to his  age,                                                               
leading medical authorities consider  him obese, but he regularly                                                               
travels  at 18  miles  per hour  (MPH).   He  stressed that  this                                                               
information is important  because it seems that  proponents of HB
8 live  in a utopia  where everyone  moves slowly and  focuses on                                                               
the concerns of others, but that  is not the reality in Anchorage                                                               
where the  coastal trail is  becoming a  "combat zone."   He said                                                               
there  are  both  responsible and  irresponsible  people  on  the                                                               
trails.   He characterized the  bill as "feel  good" legislation.                                                               
He said  that while  the bill  seeks to  provide equal  access to                                                               
transportation,  there  are technical  defects  with  HB 8.    He                                                               
pointed out  that none  of the  technical defects  were addressed                                                               
through amendments  in this committee or  the previous committee.                                                               
He stated that HB 8 will  make roads and trails more dangerous by                                                               
legalizing  devices equivalent  to 50cc  motorbikes, and  without                                                               
even  requiring  a   license.    He  informed   members  that  an                                                               
individual  must have  a  license to  operate  a 50cc  motorbike,                                                               
which are  arguably illegal on most  state trails.  He  said that                                                               
HB 8 would legalize the use  of electric vehicles that have 2,600                                                               
watts in  power, without a  driver's license and on  any location                                                               
the  individual wants  to  use  them.   He  stated  that what  he                                                               
described would be the practical result  of HB 8.  He pointed out                                                               
that there are  1,000-watt bikes on Anchorage  trails, and 2,600-                                                               
watt  all-wheel  e-bikes.    He   said  the  e-bikes  will  be  a                                                               
residential hazard due to the  influx of residents charging their                                                               
bikes and causing explosions.   He noted he had submitted written                                                               
testimony.                                                                                                                      
                                                                                                                                
1:13:35 PM                                                                                                                    
                                                                                                                                
DYANI CHAPMAN,  State Director,  Alaska Environment,  stated that                                                               
there  is increasing  interest in  e-bikes; they  are out-selling                                                               
electric vehicles and plug-in hybrids in 2021.  She said that e-                                                                
bikes extend  the ride  range for  a user,  help with  hills, and                                                               
increase the  cargo load  of the bike;  these aspects  allow more                                                               
people  to commute  by bicycle  and  use them  more often,  which                                                               
would  assist  in  reducing air  pollution  through  more  energy                                                               
efficient  uses  of  travel.   She  said  regulating  e-bikes  as                                                               
bicycles  makes  it  easier  and  safer for  people  to  use  the                                                               
technology.   She  shared that  she  spent time  in cities,  like                                                               
Anchorage, where e-bikes  were comfortably on the  same trails as                                                               
pedestrians and bicycles.  She encouraged members to pass HB 8.                                                                 
                                                                                                                                
1:15:01 PM                                                                                                                    
                                                                                                                                
CHAIR  MCCABE, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 8.                                                                                       
                                                                                                                                
1:15:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ASHLEY CARRICK,  Alaska State Legislature, thanked                                                               
the  testifiers   and  noted   that  her   office  has   been  in                                                               
communication with Mr.  Grober regarding his concerns.   She said                                                               
that the Municipality  of Anchorage adopted the  language that is                                                               
within HB 8,  so the municipality is defining  e-bikes and allows                                                               
such bikes  in areas  where bicycles are  allowed.   She informed                                                               
members  that  within  the committee  packet  there  are  support                                                               
letters  from the  Alaska Outdoor  Alliance, the  Juneau Mountain                                                               
Bike Alliance, and the Fairbanks  Cycle Club.  She noted previous                                                               
testimony  from  the  Fairbanks   North  Star  Borough's  surface                                                               
transportation planning executive  director.  She said  that HB 8                                                               
received support  from People for Bikes,  a national organization                                                               
that also helped the 37 other states in defining e-bikes.                                                                       
                                                                                                                                
1:16:43 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE  asked what the resistance  is to HB 8.   He likened                                                               
the decision to when bicycles  were allowed on previously on-foot                                                               
hiking trails, in  that pedestrians and bikes do  not match well.                                                               
He asked if  the e-bike resistance is coming  from the difference                                                               
in speed.                                                                                                                       
                                                                                                                                
REPRESENTATIVE CARRICK  answered yes  and told Chair  McCabe that                                                               
he had  well summed up  the major concerns with  HB 8.   She said                                                               
her intent is to allow e-bikes  to have the same accessibility as                                                               
bicycles.  She  noted that there have been  objections around the                                                               
trail  conflicts on  non-motorized trails,  but as  a trail  user                                                               
herself, she said  it is important that users be  mindful of each                                                               
other  and respect  the rules  of trail  use.   In Anchorage  and                                                               
Fairbanks, for example, there are  trails that are multi-use with                                                               
houseback riding, dog sledding, biking,  hiking, and skiing.  She                                                               
said that while there are  not "legal rules" around such methods,                                                               
there are  rules on  how an  individual should  appropriately use                                                               
the trails.  She stated that  e-bike users are able to follow the                                                               
rules on this just the same as bicycle riders.                                                                                  
                                                                                                                                
1:18:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES expressed her support  for HB 8, calling it                                                               
a clarifying bill, in that it  makes it easier for individuals to                                                               
use trails  and for law enforcement  to know what the  rules are.                                                               
She stated, "Let's move it."                                                                                                    
                                                                                                                                
1:19:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  pointed out  that there  was a  legal                                                               
memorandum  ("memo") regarding  HB 8  that said  the state  could                                                               
"run afoul" because the bill  would discriminate against disabled                                                               
non-veterans.   He stated that  veterans are important,  and that                                                               
keeping  them  in Alaska  and  providing  them with  recreational                                                               
opportunities is  a reason  he believes veterans  do stay  in the                                                               
state.   He said that veterans,  in this instance, are  being set                                                               
apart as a special class for their service to the country.                                                                      
                                                                                                                                
1:20:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SUMNER  expressed  that  more  freedom  for  bike                                                               
riders sounds good to  him and HB 8 appears to  be a reduction in                                                               
regulation; therefore, he supports the bill.                                                                                    
                                                                                                                                
1:20:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MINA shared  that in  her district,  there are  a                                                               
number of  bicyclists, urban  cyclists, and  e-bike owners.   She                                                               
said it  is good to  have more  clarity in regulating  e-bikes in                                                               
Alaska.                                                                                                                         
                                                                                                                                
1:20:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  moved  to   report  CSHB  8,  Version  33-                                                               
LS0196\S,  Bergerud, 3/28/23,  out of  committee with  individual                                                               
recommendations  and the  attached  zero  and forthcoming  fiscal                                                               
notes.   There being no  objection, CSHB 8(TRA) was  reported out                                                               
of the House Transportation Standing Committee.                                                                                 

Document Name Date/Time Subjects
2023.03.22.HB.Support.FCC.pdf HTRA 3/28/2023 1:00:00 PM
SSTA 4/20/2023 3:30:00 PM
HB 8
CSHB8(TRA).Version.S.pdf HTRA 3/28/2023 1:00:00 PM
HB 8
HB8.Explanation of Changes.Version A to S.pdf HTRA 3/28/2023 1:00:00 PM
HB 8