Legislature(2023 - 2024)BUTROVICH 205
02/16/2023 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB62 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 62 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
February 16, 2023
1:31 p.m.
MEMBERS PRESENT
Senator James Kaufman, Chair
Senator David Wilson, Vice Chair
Senator Löki Tobin
Senator Jesse Kiehl
Senator Robert Myers
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 62
"An Act relating to electric-assisted bicycles."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 62
SHORT TITLE: ELECTRIC-ASSISTED BICYCLES
SPONSOR(s): SENATOR(s) KAWASAKI
02/08/23 (S) READ THE FIRST TIME - REFERRALS
02/08/23 (S) TRA, STA
02/16/23 (S) TRA AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR SCOTT KAWASAKI, District P
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 62.
MATT LONGABAUGH, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided the sponsor statement and detailed
sectional analysis for SB 62.
JEFFREY SCHMITZ, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Responded to questions about SB 62.
LEE HART, Executive Director
Alaska Outdoor Alliance
Haines, Alaska
POSITION STATEMENT: Provided invited testimony in favor of SB
62.
REID HARRIS, President
Juneau Mountain Bike Alliance
Juneau, Alaska
POSITION STATEMENT: Provided testimony in favor of SB 62.
ACTION NARRATIVE
1:31:16 PM
CHAIR JAMES KAUFMAN called the Senate Transportation Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Wilson, Tobin, Kiehl, Myers and Chair
Kaufman.
SB 62-ELECTRIC-ASSISTED BICYCLES
1:33:04 PM
CHAIR KAUFMAN announced the consideration of SENATE BILL NO. 62
"An Act relating to electric-assisted bicycles."
SENATOR SCOTT KAWASAKI, District P, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 62, detailed the bill and its
history. He stated that SB 62 defines electric-assisted bikes in
statute. Similar legislation was offered last session by former
Representative Adam Wool. He noted that SB 62 is a companion
bill to HB 8. Currently, electric-assisted bikes are not defined
and could therefore be interpreted as motor vehicles. The bill
clarifies that electric-assisted bikes are regulated as
bicycles. The definitions are outlined in the bill and the
sectional analysis. He stated that the bill is limited to
electric-assisted bikes that reach a maximum speed of 28 miles
per hour when a rider is pedaling, and 20 miles per hour when a
rider is not pedaling. The total output of the electric-assisted
bicycle must not exceed 150 watts. The bill allows for electric-
assisted bikes to be used wherever bicycles are currently
allowed while providing the necessary regulations for users,
municipalities and state agencies.
1:36:13 PM
MATT LONGABAUGH, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, read the sponsor statement for SB
62.
Sponsor Statement
"An act relating to electric bicycles."
Electric-assisted bicycles (known colloquially as "e-
bikes") 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
because 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 should 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 legislatures preceding the 33rd. Please join
me in supporting Senate Bill 62 to update our statutes
so that all Alaskans may enjoy and use electric-
assisted bicycles.
1:38:12 PM
MR. LONGABAUGH offered the sectional analysis for SB 62.
Senate Bill 62 Version A
Sectional Analysis
"An act relating to electric bicycles."
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 regard 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.
1:42:39 PM
SENATOR WILSON asked about the standards in the bill related to
the maximum allowable miles per hour. He asked about the
enforcement of the regulations related to speed. He wondered
about electric-assisted bicycle modifications and how that might
impact speed.
MR. LONGABAUGH answered that a person riding downhill might
exceed the recommended speed limit. He noted that some riders
with traditional bikes can travel over 20 miles per hour. He
spoke to electric-assisted bicycle modifications. He stated that
the electric-assisted bike must not exceed the 28 mile per hour
range, whether modified or not, to meet the electric-assisted
bicycle definition.
SENATOR WILSON asked about speed categories greater than 28
miles per hour. He asked if the electric-assisted bicycles would
be considered motorized vehicles if they travel faster than 28
miles per hour.
MR. LONGABAUGH deferred the question to the Division of Motor
Vehicles.
1:45:38 PM
JEFFREY SCHMITZ, Director, Division of Motor Vehicles (DMV),
Department of Administration, Anchorage, Alaska, directed the
question to law enforcement. He stated that the electric-
assisted bicycles are not defined, classified or regulated by
DMV.
SENATOR WILSON struggled with the concept of a speed cap without
a penalty.
1:47:30 PM
MR. LONGABAUGH replied that the Consumer Product Safety
Commission (CPSC) defined electric-assisted bicycles. The
definition is based on an industry standard of safety.
1:48:14 PM
SENATOR TOBIN appreciated the legislation because she enjoys
long distance racing and bike commuting. She wondered if the
proposed legislation would prohibit municipalities from
regulating electric-assisted bicycles. She spoke about a mixed-
use trail in Anchorage. She believed that the second
classification allows for the bike to be propelled exclusively
by motor. She hoped that the legislation would not prohibit
municipalities from applying additional regulations to ensure
community safety.
MR. LONGABAUGH pointed to Section 3, which amends the statute
allowing municipal ordinances to separately regulate electric-
assisted bicycles.
1:50:06 PM
SENATOR MYERS asked about the regulatory difference between
electric-assisted bicycles and mopeds. He wondered about
approved travel locations and liability insurance.
1:50:36 PM
MR. LONGABAUGH responded that the difference between an
electric-assisted bicycle and a moped is that electric-assisted
bicycles require operational pedals.
SENATOR MYERS replied that he understood the operational
differences, but he wondered about regulatory differences.
MR. LONGABAUGH replied that mopeds are driven on roads while
electric-assisted bicycles can travel anywhere bikes are
typically allowed.
1:51:49 PM
SENATOR KIEHL asked about electric-assisted bicycle travel on
federal land trails.
SENATOR KIEHL restated the question.
MR. LONGABAUGH replied that federal laws supersede municipality
laws. He pointed out that federal regulations address electric-
assisted bicycles.
SENATOR KIEHL asked about state land managers. He pointed to the
last section of the bill. He referred to the Goldstream Public
Use Area where an electric-assisted bicycle is treated like a
regular bicycle. He asked the committee how they felt about a
bicycle traveling 28 miles per hour on a trail near town.
MR. LONGABAUGH responded that federal regulations apply to the
area.
SENATOR KIEHL clarified that his question involved state lands.
He pointed to the last section of the bill. He opined that State
Land Use Management could not restrict an electric-assisted
bicycle differently than a regular bicycle.
MR. LONGABAUGH agreed with Senator Kiehl.
SENATOR KIEHL suggested poling members from the impacted
districts.
1:56:12 PM
CHAIR KAUFMAN commented that the bike speed is determined by the
degree of assistance provided by the electric motor.
SENATOR TOBIN suggested a friendly amendment prohibiting
specific bicycle classes in certain areas. She mentioned the
different types of trails in Alaska.
MR. LONGABAUGH appreciated the discussion and offered to follow
up with the committee.
SENATOR WILSON noted concern about electric-assisted bicycle
access on state park land. He asked about the feasibility of
off-road electric-assisted bicycles and their regulation.
1:59:32 PM
At ease
2:00:51 PM
CHAIR KAUFMAN reconvened the meeting and moved to invited
testimony on SB 62.
LEE HART, Executive Director, Alaska Outdoor Alliance, Haines,
Alaska, provided testimony about electric assisted bicycles. She
spoke for the Alaska Outdoor Alliance (AOA) in favor of SB 62.
She mentioned a new active transportation coalition seeded by
the Alaska Department of Health. She noted that electric-
assisted bicycles resemble traditional bicycles in both
appearance and operation. The electric motor provides a boost to
climb hills, extends the trip range and enables new recreational
options for some riders. She spoke further about the benefits of
electric-assisted bikes.
MS. HART stated that electric-assisted bicycle sales grew 300
percent in the past five years. She pointed out a three-tier
definition of electric-assisted bicycles. She applauded the
sponsor and the members of the committee for their leadership on
the issue. She agreed with Senator Tobin's suggestion of a
friendly amendment restricting class-three electric-assisted
bicycles from operating in designated, non-motorized areas. This
proposed friendly amendment addresses the speeding issue.
2:06:34 PM
SENATOR TOBIN asked about the considerations and challenges
electric-assisted bicycles bring to multimodal transportation
systems. She asked how the committee might help the department
develop inclusive outdoor recreation options.
MS. HART responded that electric-assisted bicycles expand
outdoor access, which levels the playing field to better
accommodate Alaska's senior and physically impaired population.
She stated that electric-assisted bicycles provide an
alternative transportation option in urban areas.
2:08:43 PM
SENATOR TOBIN asked about infrastructure expansions that make
locations friendly for electric-assisted bicycles. She asked how
the legislature might anticipate infrastructure expansions.
Ms. HART stressed the importance of consistent definitions for
consumers. Consumers require education about appropriate use and
locations for electric-assisted bicycles. She pointed to an
example of electric-assisted bicycles in the Alaska tourism
industry. She stressed the importance of proper labeling and
classification of electric-assisted bicycles in the tourism and
rental industries.
2:10:58 PM
SENATOR TOBIN pointed to the zero fiscal notes. She wondered
about potential resources for the signage Ms. Hart proposed.
2:11:34 PM
REID HARRIS, President, Juneau Mountain Bike Alliance, Juneau,
Alaska, provided information about electric-assisted bicycles.
He explained that the Juneau Mountain Bike Alliance provides
stewardship for Juneau mountain bike trails. He clarified that
the bill adds a statutory definition for electric-assisted
bicycles. The proposed legislation defines the three
classifications of electric-assisted bicycles. The alliance
conversed with the City and Borough of Juneau and the federal
government about the classification of electric-assisted
bicycles. He stated that some trails are not appropriate for
electric-assisted bicycles. He spoke about prohibition of
mechanized transport in specially designated federal areas. The
alliance believes that the decisions about classification and
allowability reside with the land managers.
2:16:28 PM
MR. HARRIS spoke to the question about modifying electric-
assisted bicycles, which might damage the equipment and drain
the battery quickly. He pointed to page four of the bill and the
classifications. He stated that each class of bike is built for
a specific use. The Class 1 electric-assisted bicycle is used
for trail riding. The Class 2 bikes have a throttle-assist
option that is popular with hunters. The Class 3 bike is
designed for commuting via roadways. He opined that 20 miles per
hour was a safe speed for trail riding. The alliance submitted a
letter of support for the legislation.
2:18:51 PM
SENATOR MYERS wondered about an urban commute and why mopeds and
electric-assisted bicycles are regulated differently.
MR. HARRIS stated that the previous bill had a presentation with
pictures of the various electric-assisted bicycles. The pictures
compared the electric-assisted bicycles to mopeds. He offered to
provide the committee with the photo from the past presentation.
He was unaware of the exact differences between a class three
electric-assisted bicycle and a moped. He mentioned the lack of
helmet laws in Alaska.
2:20:39 PM
SENATOR WILSON pointed to Section 3, page 2, line 17 related to
the rights of a bicycle rider. He mentioned public use land and
certain motor vehicle requirements.
MR. HARRIS replied that the legal department might answer
questions about rights and duties. He wondered about the rights
and duties of the bicyclist.
2:22:50 PM
SENATOR WILSON asked if an electric moped would be considered a
moped without a gasoline tank.
CHAIR KAUFMAN asked committee members to work with the bill
sponsor to answer further questions.
SENATOR KIEHL believed that an electric-assisted bike should
have pedals, but a moped is not required to.
2:23:46 PM
CHAIR KAUFMAN held SB 62 in committee.
2:24:43 PM
There being no further business to come before the committee,
Chair Kaufman adjourned the Senate Transportation Standing
Committee meeting at 2:24 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 62 Sponsor Statement Version A 2.15.23.pdf |
STRA 2/16/2023 1:30:00 PM |
SB 62 |
| SB 62 Sectional Analysis Version A 2.15.23.pdf |
STRA 2/16/2023 1:30:00 PM |
SB 62 |
| SB 62 Version A.PDF |
STRA 2/16/2023 1:30:00 PM |
SB 62 |
| SB 62 Fiscal Note DOA 2.10.23.pdf |
STRA 2/16/2023 1:30:00 PM |
SB 62 |
| SB 62 Fiscal Note DPS 2.10.23.pdf |
STRA 2/16/2023 1:30:00 PM |
SB 62 |
| SB 62 Written Testimony JMBA 2.14.23.pdf |
STRA 2/16/2023 1:30:00 PM |
SB 62 |