Legislature(2021 - 2022)BUTROVICH 205

05/12/2022 03:30 PM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 234 POLITICAL CONTRIBUTION LIMITS TELECONFERENCED
Scheduled but Not Heard
+= HB 123 STATE RECOGNITION OF TRIBES TELECONFERENCED
Moved SCS HB 123(STA) Out of Committee
+= HB 297 MILITARY MEMBER CHILD PROTECTION TELECONFERENCED
Moved CSHB 297(HSS)(TITLE AM) Out of Committee
+ HB 87 ELECTRIC-ASSISTED BICYCLES TELECONFERENCED
Heard & Held
Uniform Rule 23 Waived
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 47 COUNCIL FOR ALASKA NATIVE LANGUAGES TELECONFERENCED
Scheduled but Not Heard
*+ HB 163 FORM OF SIGNATURE ON VEHICLE TITLE TELECONFERENCED
Heard & Held
*+ HB 118 EXPANDING PRISONER ACCESS TO COMPUTERS TELECONFERENCED
Heard & Held
*+ HB 268 DRIVER'S LICENSE RENEWAL:MILITARY MEMBERS TELECONFERENCED
Heard & Held
**Streamed live on AKL.tv**
               HB  87-ELECTRIC-ASSISTED BICYCLES                                                                            
                                                                                                                                
4:37:55 PM                                                                                                                    
CHAIR SHOWER  announced the  consideration of  CS FOR  HOUSE BILL                                                               
NO. 87(JUD) "An Act relating to electric-assisted bicycles."                                                                    
                                                                                                                                
He noted that this was the first hearing.                                                                                       
                                                                                                                                
4:38:13 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:40:13 PM                                                                                                                    
CHAIR SHOWER reconvened the meeting.                                                                                            
                                                                                                                                
4:40:33 PM                                                                                                                    
REPRESENTATIVE  ADAM  WOOL,  Alaska  State  Legislature,  Juneau,                                                               
Alaska, sponsor  of HB 87,  stated that this  legislation defines                                                               
"electric bicycle"  in statute as  a mode of  transportation that                                                               
does  not  have to  be  registered  with  the Division  of  Motor                                                               
Vehicles  (DMV). E-bikes  are separated  from "electric  personal                                                               
motor  vehicle,"  "motor  driven cycle,"  including  motorcycles,                                                               
motor scooters, and "motor bicycles."                                                                                           
                                                                                                                                
He relayed that  37 other states use this  same standard language                                                               
and it is used by the Municipality of Anchorage.                                                                                
                                                                                                                                
CHAIR  SHOWER   asked  whether   Anchorage  really   needed  this                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL replied that the Municipality of Anchorage                                                                  
has already adopted this definition language, and the bill will                                                                 
spread that definition statewide.                                                                                               
                                                                                                                                
4:43:37 PM                                                                                                                    
ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State                                                                   
Legislature, Juneau, Alaska, presented the sectional analysis                                                                   
for HB 87 on behalf of the sponsor.                                                                                             
                                                                                                                                
     This bill  amends Titles 19,  28, and 41 of  the Alaska                                                                    
     Statutes.                                                                                                                  
                                                                                                                                
     Section  1 (page  1) Amends  AS  19.10.399(9) to  state                                                                
     that   the  definition   of   motor  vehicle   excludes                                                                    
     electric-assisted bicycles                                                                                                 
                                                                                                                                
     Section 2  (page 1) Amends  AS 19.10.399 (16)  to state                                                                
     that electric-assisted bicycles are  to be regulated as                                                                    
     bicycles in  regards to  operation on  a way,  path, or                                                                    
     area                                                                                                                       
                                                                                                                                
     Section  3 (page  1-2)  Amends  AS 28.05.011(a)  states                                                                
     that electric-assisted bicycles  should be regulated as                                                                    
     bicycles  in  regards  to  rules   of  the  road;  also                                                                    
     includes electric-assisted  bicycles under  an existing                                                                    
     provision allowing  municipal ordinances  to separately                                                                    
     regulate in this area                                                                                                      
                                                                                                                                
     Section 4 (page 2-3) Amends  AS 28.10.011 to state that                                                                
     an  electric-assisted bicycle  is  not  required to  be                                                                    
     registered as a vehicle                                                                                                    
                                                                                                                                
     Section 5 (page 3)  Amends AS 28.90.990(a)(12) to state                                                                
     that an  electric-assisted bicycle does not  fall under                                                                    
     the definition of an "electric personal motor vehicle"                                                                     
                                                                                                                                
     Section 6 (page 4)  Amends AS 28.90.990(a)(18) to state                                                                
     that an  electric-assisted bicycle does not  fall under                                                                    
     the definition of a "motor vehicle"                                                                                        
                                                                                                                                
     Section 7 (page 4)  Amends AS 28.90.990(a)(18) 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)  Amends  AS  28.90.990(a)(33-36)                                                                
     states  that  the   term  "bicycle"  includes  electric                                                                    
     assisted bicycles in the  three following classes: (34)                                                                    
     Class 1: bicylces  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 whether or  not the rider  is pedaling                                                                    
     and that stop  providing assistance at the  speed of 20                                                                    
     miles per hour, and (36)  Class 3: bicycles that assist                                                                    
     only  while  the  rider  is   pedaling  and  that  stop                                                                    
     providing  assistance  at the  speed  of  28 miles  per                                                                    
                                                                                                                                
     hour                                                                                                                       
                                                                                                                                
     Section 9  (page 4) Amends AS  28.90.990(a)(37) defines                                                                
     electric-assisted  bicycles   as  a  bicycle   that  is                                                                    
     designed to travel  with not more than  three wheels in                                                                    
     contact  with the  ground, has  fully operative  pedals                                                                    
     for  human propulsion,  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  states that                                                                
     "bicycling"  includes  the   use  of  electric-assisted                                                                    
     bicycles,  and that  "electric-assisted bicycles"  have                                                                    
     the meaning provided in the previous section                                                                               
                                                                                                                                
4:46:14 PM                                                                                                                    
MS. CARRICK stated that the use of electric-assisted bicycles is                                                                
relatively new in Alaska and there are no laws pertaining to                                                                    
their use, operating and safety requirements, or definitions.                                                                   
                                                                                                                                
She began the presentation on slide 2 that states the goals of                                                                  
HB 87:                                                                                                                          
                                                                                                                                
   1. Regulate electric-assisted bicycles as bicycles;                                                                          
   2. Update statute to reflect technological advances; and                                                                     
   3. Bring clarity to consumers and retailers on electric-                                                                     
     assisted bicycle laws                                                                                                      
                                                                                                                                
4:47:52 PM                                                                                                                    
MS. CARRICK discussed the proposed new definition for electric-                                                                 
assistance bicycle outlined on slide 3:                                                                                         
                                                                                                                                
     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                                                                            
   • Is equipped with an electric motor that has a power                                                                        
     output of not more than 750 watts (1 hp)                                                                                   
                                                                                                                                
     Electric-bicycles are further  defined by the following                                                                
     three classes:                                                                                                         
                                                                                                                                
     Class 1: bicycles  that assist only while  the rider is                                                                
     pedaling  and that  stop  providing  assistance at  the                                                                    
     speed of 20 miles per hour                                                                                                 
                                                                                                                                
     Class 2:  bicycles that can  propel whether or  not the                                                                
     rider is  pedaling and  that stop  providing assistance                                                                    
     at the speed of 20 miles per hour                                                                                          
                                                                                                                                
     Class 3: bicycles  that assist only while  the rider is                                                                
     pedaling  and that  stop  providing  assistance at  the                                                                    
     speed of 28 miles per hour                                                                                                 
                                                                                                                                
MS.  CARRICK relayed  that the  industry and  retailers requested                                                               
adding the  description of  the three  classes to  further define                                                               
electric-bicycles.                                                                                                              
                                                                                                                                
4:48:29 PM                                                                                                                    
MS. CARRICK  turned to the color-coded  state map of the  U.S. on                                                               
slide  4 that  shows the  states colored  green that  had enacted                                                               
model legislation, the states colored  yellow that had acceptable                                                               
legislation  that  regulated electric  bikes  as  a bicycle,  and                                                               
states colored red,  like Alaska, whose laws  were problematic or                                                               
confusing.                                                                                                                      
                                                                                                                                
She  pointed  out  that  37  (green)  states  had  enacted  model                                                               
legislation  that   included  the   three  classes   of  electric                                                               
bicycles; several (yellow) states  had laws that defined electric                                                               
bicycles, but not  the three classes; and just  four (red) states                                                               
that either  had no language  in statute about  electric bicycles                                                               
or  had problematic  language. She  noted that  Alaska fell  into                                                               
this last category.                                                                                                             
                                                                                                                                
MS. CARRICK pointed  to the images on slide  five that illustrate                                                               
what electric  bikes are not,  and advised that each  was defined                                                               
elsewhere in statute.                                                                                                           
                                                                                                                                
     E-Bikes are NOT:                                                                                                         
     Mopeds                                                                                                                     
     Motor Scooters                                                                                                             
     Dirt Bikes                                                                                                                 
     Segways                                                                                                                    
     Motorcycles                                                                                                                
     Cars                                                                                                                       
     Electric Wheelchairs                                                                                                       
                                                                                                                                
MS.  CARRICK clarified  that electric  bicycles  must have  fully                                                               
operative pedals  and an engine  size that  is not more  than 750                                                               
watts.                                                                                                                          
                                                                                                                                
4:49:47 PM                                                                                                                    
MS.  CARRICK  turned  to  the  example  of  an  electric-assisted                                                               
bicycle depicted on slide 6.  The image illustrates that there is                                                               
an electric  motor with  a battery  pack on  the frame  and fully                                                               
operable pedals.  She highlighted that the  industry continues to                                                               
make advances,  one of which is  to have the battery  pack on the                                                               
inside  of  the  frame.  This  makes for  a  much  sleeker,  more                                                               
sophisticated design, but it's not  readily apparent that it's an                                                               
e-bike.                                                                                                                         
                                                                                                                                
CHAIR SHOWER  asked what the  horse power (HP) equivalent  is for                                                               
750 watts.                                                                                                                      
                                                                                                                                
REPRESENTATIVE WOOL answered it's equivalent to one HP.                                                                         
                                                                                                                                
CHAIR SHOWER referenced  slide 4 and asked if  the states colored                                                               
yellow that have  acceptable laws allow e-bikes on  the road, and                                                               
whether  the   states  colored  red  that   have  problematic  or                                                               
confusing laws do not allow e-bikes on the road.                                                                                
                                                                                                                                
REPRESENTATIVE  WOOL  offered  his  understanding  that  the  red                                                               
states  have  no definition  of  e-bike  in statute,  the  yellow                                                               
states have a  deviation of the model legislation,  and the green                                                               
states have enacted the model legislation                                                                                       
                                                                                                                                
CHAIR SHOWER said his understanding of  Section 4 was that no DMV                                                               
registration or tag would be required for electric bicycles.                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  said that's correct, just  like the standard                                                               
bicycle.                                                                                                                        
                                                                                                                                
CHAIR SHOWER asked Ms. Carrick to describe the fiscal note.                                                                     
                                                                                                                                
MS.  CARRICK   said  the   Department  of   Administration  (DOA)                                                               
submitted a  zero fiscal note. There  is no fiscal impact  to the                                                               
state.                                                                                                                          
                                                                                                                                
4:52:56 PM                                                                                                                    
CHAIR  SHOWER turned  to invited  testimony. He  advised that  he                                                               
invited Brice  Wilbanks to talk  about a possible  amendment that                                                               
the Municipality of Anchorage would like.                                                                                       
                                                                                                                                
4:54:06 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:54:48 PM                                                                                                                    
CHAIR  SHOWER  reconvened  the meeting  and  clarified  that  the                                                               
amendment he referenced earlier would  be discussed today but not                                                               
offered.                                                                                                                        
                                                                                                                                
4:55:09 PM                                                                                                                    
BRICE  WILBANKS,  Mayor   Bronson's  Office,  Anchorage,  Alaska,                                                               
relayed  that  the   City  of  Anchorage  would   like  to  allow                                                               
additional  mobile  devices such  as  e-scooters  to be  operated                                                               
without a license  from DMV. The proposed  amendment would remove                                                               
the  words "self-balancing"  and "nontandem"  and add  the number                                                               
three  in  Section 5,  page  3,  lines  28-29. He  said  multiple                                                               
operators in Anchorage had made this request.                                                                                   
                                                                                                                                
CHAIR  SHOWER asked  the sponsor  if he  had any  comment on  the                                                               
proposed amendment.                                                                                                             
                                                                                                                                
4:56:34 PM                                                                                                                    
REPRESENTATIVE  WOOL said  he supports  the amendment  because it                                                               
does  not   affect  the  definition  of   e-bikes.  The  proposed                                                               
amendment  would apply  to the  definition of  "electric personal                                                               
motor vehicle" and is directed towards Segway scooters.                                                                         
                                                                                                                                
CHAIR SHOWER  clarified that the committee  was merely discussing                                                               
an idea  for an amendment,  and he wanted  to hear from  the bill                                                               
sponsor  before  moving forward.  He  asked  the sponsor  if  the                                                               
change to apply to three wheels would require a title change.                                                                   
                                                                                                                                
REPRESENTATIVE  WOOL replied  the  definition of  e-bikes in  the                                                               
bill is up to three wheels.                                                                                                     
                                                                                                                                
4:59:03 PM                                                                                                                    
SENATOR  HOLLAND reported  that the  term "nontandem   definitely                                                               
refers to Segue type vehicles.  He expressed appreciation for the                                                               
bill.                                                                                                                           
                                                                                                                                
4:59:54 PM                                                                                                                    
CHAIR SHOWER held HB 87.                                                                                                        

Document Name Date/Time Subjects
W.A.12.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
22-237lme.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
22-126boo.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
W.A.8.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
W.A.9.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
W.A.10.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
W.A.11.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
HB123 B.pdf SSTA 5/12/2022 3:30:00 PM
HB 123
hb297 support Tammie Wilson.pdf SSTA 5/12/2022 3:30:00 PM
HB 297