HB 123-ELECTRIC-ASSISTED BICYCLES  1:23:05 PM CHAIR CLAMAN announced that the first order of business would be HOUSE BILL NO. 123, "An Act relating to electric-assisted bicycles." 1:23:40 PM REPRESENTATIVE WOOL introduced HB 123 as prime sponsor. He said that the impetus for the bill was an incident during which a constituent was pulled over and told he could not operate an electric-assisted bicycle without a driver's license. Representative Wool noted that motorized vehicles are defined by statute, but electric-assisted bicycles are not. He said HB 123 would define electric-assisted bicycles and stipulate that they be treated the same as bicycles. He explained that this means an operator would not need a driver's license or helmet and that the electric-assisted bicycle would not need to be registered. He added that a municipality would be allowed the discretion to impose different rules on electric-assisted bicycles. 1:25:28 PM ANNE RITGERS, Staff, Representative Adam Wool, Alaska State Legislature, began her PowerPoint presentation [hard copy included in the committee packet]. She addressed slide 1 and said the objective of HB 123 is to regulate electric-assisted bicycles as bicycles, to update statute to reflect technological advances, and to clarify the law for consumers and retailers. MS. RITGERS addressed slide 2. She said the definition of an electric-assisted bicycle can be found in section 8 of the bill. She explained that an electric-assisted bicycle is 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, and is equipped with an electric motor that has a power output of not more than 750 watts, provides assistance only when the rider is pedaling, and ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. 1:26:45 PM MS. RITGERS addressed slide 3, which featured a map of the United States displaying the 36 states that have some type of electric bicycle definition in statute. She noted that Alaska is not one of those states. MS. RITGERS addressed slides 4 and 5, which featured illustrations of electric-assisted bicycles. She highlighted in one photo the battery pack mounted on the main frame and the motor located in the hub. She restated that all electric- assisted bicycles have fully operable pedals. She noted that some electric-assisted bicycles have the battery and motor within the frame, making them appear more like normal bicycles. MS. RITGERS addressed slide 6, which featured a photo of an electric scooter and a photo of a moped. She clarified that HB 123 draws a distinction between electric-assisted bicycles and electric scooters or mopeds. She noted that the latter do not have fully operative pedals and have larger gasoline engines. 1:27:52 PM REPRESENTATIVE SHAW acknowledged the note made during the presentation about the maximum speed of 29 miles per hour. He noted that there is language on page 3, line 26 that reads "not more than 15 miles an hour." He asked if this is conflicting language. MS. RITGERS said the definition to which Representative Shaw is referring is of an "electric personal motor vehicle," which is different from an electric-assisted bicycle. REPRESENTATIVE SHAW thanked her for clarifying that there are two definitions. 1:28:53 PM CHAIR CLAMAN asked for an example of an electric personal motor vehicle, defined in section 5 of the bill and in AS 28.90.990(a)(12). REPRESENTATIVE WOOL said the drafters deduced that the statute refers to a two-wheeled, non-tandem personal vehicle like a Segway. 1:29:31 PM REPRESENTATIVE LEDOUX asked if electric-assisted bicycles are currently regulated. MS. RITGERS said electric-assisted bicycles fall into a gray area because they do not fit any current definitions of a vehicle in Alaska statute. She restated that the purpose of the bill is to clearly define them. REPRESENTATIVE LEDOUX asked what the problem is that HB 123 is attempting to fix. REPRESENTATIVE WOOL restated that the bill was conceived after one of his constituents was pulled over while riding an electric-assisted bicycle. He explained that the constituent's driver's license had been revoked and the electric-assisted bicycle being used to commute. He said the constituent was told he could not operate it without a driver's license. Representative Wool noted that there are motorized vehicle regulations in statute that refer to a 50cc gasoline motor or larger. He said electric motors are not currently defined and HB 123 would fix that. He said the bill would also distinguish between electric-assisted bicycles and other bicycles that do not require pedaling. He said the latter would not be categorized as "e-bikes" under state law. He restated the intention to define electric-assisted bicycles and to treat them like bicycles. REPRESENTATIVE LEDOUX mused that HB 123 would exclude electric- assisted bicycles from regulation rather than regulate them. REPRESENTATIVE WOOL stated that HB 123 would define them as a class of bicycle not to be confused with scooters or other motorized vehicles without pedals. 1:31:47 PM CHAIR CLAMAN noted that HB 123 would establish a statutory top speed of 28 miles per hour. He asked what happens if the industry decides to change the standard top speed to 30 miles per hour. He asked if they those bicycles would all be treated as motorized vehicles. REPRESENTATIVE WOOL said there are different classifications of pedal-assisted electric bicycles. Some, he explained, cease to assist when the bicycle reaches 20 miles per hour while others cease at 28 miles per hour. He said if there were a new generation of electric-assisted bicycles that went up to 35 miles per hour with pedal assist, then - assuming HB 123 becomes law - they would be classified in a different category of motorized vehicles where helmets, registration, and a driver's license are required for operation. 1:32:48 PM REPRESENTATIVE EASTMAN asked how the passage of HB 123 would affect a situation in which Representative Wool's constituent is pulled over again. REPRESENTATIVE WOOL remarked that, if the constituent is riding an electric-assisted bicycle that fits the new definition and the police officer is aware of the definition, then there would be no reason why the constituent could not ride his electric- assisted bicycle on roads just like a normal bicycle. REPRESENTATIVE EASTMAN said it seems the legislature has not given discretion to traffic officers to pull over people for riding electric-assisted bicycles. He asked, "Shouldn't the response just be 'this isn't a vehicle'?" REPRESENTATIVE WOOL said he thinks there is confusion about vehicles with a motor that should not be treated as motorized vehicles. He restated that electric motors are not directly addressed in statute. He said HB 123 would make 750 watts about 1 horsepower - the maximum size for electric motors. REPRESENTATIVE EASTMAN asked how a police officer would be able to tell the different between a 750-watt motor and something larger or smaller. He asked if there is some sort of visual cue. REPRESENTATIVE WOOL said he does not have a definitive answer to that question. He said a 2,000-watt motor would make the vehicle larger, heavier, and allow it to go faster. He suggested that a police officer who suspects that an electric- assisted bicycle rider is going too fast could pull the rider over to investigate. He mused that the officer would take a commonsense approach to enforcement. REPRESENTATIVE EASTMAN asked if there would be a speed limit for electric-assisted bicycles should HB 123 become law. REPRESENTATIVE WOOL said they would be treated like bicycles and there is no speed limit for bicycles. He said if someone hits 45 miles per hour riding a bicycle down a hill, that is legal. He said the rider should be wearing a helmet, but it is not required by state law. He said the same would apply for electric-assisted bicycles. 1:36:09 PM REPRESENTATIVE LEDOUX asked what happened to Representative Wool's constituent who was pulled over. REPRESENTATIVE WOOL said he does not know. He said he thinks the constituent was forced to walk home. He said he would follow up to get the exact details. REPRESENTATIVE LEDOUX said she is attempting to figure out whether this is an issue that needs to be addressed in statute, or if it is a matter of ensuring police officers are aware that a driver's license is not necessary for the operation of an electric-assisted bicycle. REPRESENTATIVE WOOL said it would be great to ensure police awareness. He said most states have statutes that address electric-assisted bicycles for the purpose of eliminating confusion about what is and isn't a motorized vehicle. He argued that HB 123 would clearly define what is an electric- assisted bicycle. 1:38:22 PM CHAIR CLAMAN opened public testimony on HB 123. 1:38:57 PM CARY SHIFLEA said he owns an electric bicycle store but is testifying as an individual. He said he has been riding electric bicycles since 2012 and has found that they allow him to get out more than he typically would. He said it is important to clarify the state law and to avoid lumping electric-assisted bicycles with 50cc motors, which he argued would not survive litigation as electric motors do not have a cubic centimeter displacement value. He said he supports aligning state law with the Municipality of Anchorage's electric bicycle law, which he explained HB 123 would do. He said it would also align with the federal definition of what an electric bicycle is through the Consumer Product Safety Act. He noted that an industry standard enacted in 2016 ensures that electric- assisted bicycles are stamped with a class 1, 2, or 3 distinction. He said 90 percent of the electric-assisted bicycle industry is building to the 20 miles per hour limit while only a few are building to the 28 miles per hour limit or higher. He stated that if an electric-assisted bicycle goes faster than 28 miles per hour or has a larger motor than what is deemed fit, then it should be classified as a motor vehicle. He said an electric-assisted bicycle that goes 28 miles per hour or less should be treated like a traditional bicycle. 1:41:00 PM WILLIAM HARRINGTON said electric vehicles of all type are "really going gang." He suggested changing the term "bicycle" to "personal wheeled electric vehicle, a PWEV." He noted that electric skateboards and electric scooters are becoming more popular. He said electric-assisted bicycles are not the same as pedal bicycles just like a speed boat is not the same as a rowboat. He stated that personal injury can only be worse in an accident when a helmet is not worn. He said helmets should be required for use. He asked how many tragic accidents will be necessary before state legislators upgrade safety requirements. He discussed the electric scooter companies Lime and Bird and said their products should be included in the present discussion as they will become more popular in the future. He argued that electric-assisted bicycles should be licensed, registered, and have a state-issued title. 1:43:05 PM CHAIR CLAMAN, after ascertaining that no one else wished to testify, closed public testimony on HB 123. 1:43:30 PM REPRESENTATIVE LEDOUX asked if police officers should currently be stopping people who ride electric-assisted bicycles. KEVIN HIGGINS, Assistant Attorney General, Labor & State Affairs Section, Civil Division, Department of Law, said, "That is a much more complicated question than just yes or no." He said the answer depends on the circumstances of the interaction between the officer and the person riding the [electric-assisted bicycle]. REPRESENTATIVE LEDOUX said she does not understand that answer. She said it is either considered a motor vehicle under state law or it is not, regardless of the interaction between the officer and rider. MR. HIGGINS said the issue stems from the opaque definition of -bikes" in statute. He said they are treated as motor vehicles in one section, as motorcycles in another, and as "motor-driven cycles" in yet another. He said they are not currently regulated as bicycles or "off-highway vehicles." He noted that the term "motorized bicycle" appears in some public safety regulations, but that term is never defined. He stated that, as it currently stands, electric-assisted bicycles must be registered and insured. REPRESENTATIVE LEDOUX asked for confirmation that HB 123 is necessary to clarify whether electric-assisted bicycles should be stopped. MR. HIGGINS said he believes the bill would help clarify things. He highlighted language located in section 3 on page 2, lines 10 through 13. He said the language is important because it would allow the municipalities to develop their own regulations and ensure that local law enforcement knows how to enforce them. REPRESENTATIVE LEDOUX said she thought the Municipality of Anchorage already has regulations. She asked how it has regulations if HB 123 is necessary to allow it to regulate. MR. HIGGINS said he is not entirely clear about the Municipality of Anchorage's regulations. He clarified that section 3 would make it explicit that state regulation could not prohibit the use of an electric-assisted bicycle, but this limitation would not apply to municipal regulation 1:47:17 PM REPRESENTATIVE LEDOUX asked if state law requires the use of a helmet for motorcycle riders. MR. HIGGINS said he believes it is not required for people over the age of 18. REPRESENTATIVE LEDOUX asked if there are any rules about bicycle helmets under state law. MR. HIGGINS answered, "not under state law. 1:48:15 PM CHAIR CLAMAN announced that the committee would hold HB 123 for further review.