HB 87-ELECTRIC-ASSISTED BICYCLES  1:02:17 PM CHAIR HOPKINS announced that the first order of business would be HOUSE BILL NO. 87, "An Act relating to electric-assisted bicycles." 1:03:15 PM ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State Legislature, presented HB 87 on behalf of Representative Wool, prime sponsor. Ms. Carrick noted that a previous iteration of HB 87 was House Bill 123, which made it to the Senate floor during the Thirty-First Alaska State Legislature, at which point the session was adjourned early due to the COVID-19 pandemic. She stated that HB 87 would define "electric-assisted" bicycles in statute, as is done presently in 33 other states. She said "this effort" is supported by local municipalities. She specified that the new statute would focus solely on those electric-assisted bicycles that are human-propulsion bicycles, with no more than 750 watts of power, and which provide assistance only when a rider is pedaling up to a maximum speed of 28 miles per hour (mph). MS. CARRICK gave a PowerPoint presentation [hardcopy included in the committee packet], which shows the bill sponsor's intent that electric-assisted bicycles be regulated as bicycles, that statute be updated to reflect technological advances, and to bring clarity to consumers and retailers regarding electric- assisted bicycle laws. She drew attention to a slide that reiterated the definition she gave previously of an electric- assisted bicycle. Another slide shows which states define electric-bicycles. Those that use a "strict definition," she said, are depicted in green, while those in yellow are states that use a three-tiered classification system. She noted that the request for the bill came from "People for Bikes," a group that is lobbying for three different classes of electronic- assisted bicycles: Class 1, equipped with a motor providing assistance only when a rider is peddling up to 20 mph; Class 2, equipped for bicycles with a motor ceasing to provide assistance when a rider reaches 20 mph, whether or not the rider is pedaling; and Class 3, equipped with a motor providing assistance when pedaling only, and ceasing to provide assistance only when the bicycle reaches 28 mph. She clarified that the definition of electric-assisted bicycle in HB 87 would include Class 1 and 3 only, not Class 2. Ms. Carrick offered a correction to the map, which should be updated to reflect there are currently 33 states with statutes defining electric-assisted bicycles. 1:08:44 PM MS. CARRICK, in response to Representative Hannan, said under HB 87, Alaska would be added to the map in the category of green states, since it would not include all three classes. In response to a follow-up question, she indicated that the tiers are used in retail and in policy-making to distinguish between different bicycle types. 1:10:55 PM MS. CARRICK, in response to a question from Chair Hopkins as to the reason behind the 28 mph threshold, said that is the typical threshold in manufacturing of electric-assisted bicycles, from 20 to 28 mph. 1:11:45 PM MS. CARRICK returned to the PowerPoint and turned to the remaining slides, which show photos of electric-assisted bicycles, as well as those which are not, such as mopeds and electric scooters, which do not have pedals to operate. 1:14:23 PM CHAIR HOPKINS asked what type of registration, if any, would be required for those bicycles that do require the rider to move the pedal to ride. 1:14:35 PM JEFFREY SCHMITZ, Director, Division of Motor Vehicles, Department of Administration, indicated there is question as to whether a [Class] 2 bike is considered to be a motorcycle, and at times DMV staff must call the manufacturer to ask; however, if it falls into the category of an electronic-assisted bicycle, then it falls outside the scope of the DMV and is not registered. 1:15:40 PM MR. SCHMITZ, in response to Representative Hannan, said it is rare that the DMV would be asked by someone into which category his/her bike falls. In response to a follow-up question regarding feedback from other states, he said many states handle this issue differently, to the point that the Association of Motor Vehicle Administrators has sought clarification nationwide as to what a best practice would be. Currently each state is deciding on its own; within each state, much of the decision- making is being left up to local jurisdictions. He said this is "an emerging area." He reiterated that information can come from the manufacturer and, if it's not a motorcycle, it falls outside the scope of the DMV. 1:18:50 PM MS. CARRICK, upon invitation of Chair Hopkins, provided the sectional analysis for HB 87, which read as follows [original punctuation provided]: 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 bicycle 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 3) 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)(20) to state that an electric-assisted bicycle does not fall under the definition of a "motor-driven cycle Section 8 (page 4) Adds a new definition as AS 28.90.990(a)(34) to define an electric-assisted bicycle 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, 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 to the rider when the bicycle reaches a speed of 28 miles per hour. Section 9 (page 4) Amends AS 41.23.300 to state that electric-assisted bicycles are to be regulated as bicycles in regards to operation in public use areas. 1:22:29 PM REPRESENTATIVE ADAM WOOL, Alaska State Legislature, as prime sponsor of HB 87, shared the story that instigated the legislation, where an individual was pulled over and told he needed a license to operate an electric-assisted bicycle he was riding. The proposed legislation would clarify that someone riding an electric-assisted bicycle does not need a license. In response to Representative Hannan, he offered his understanding that the man did not get arrested but had to walk the bike home. 1:25:09 PM MR. SCHMITZ, in response to a question about the clarity needed regarding Class 2, which is not covered under HB 87, reiterated that if the DMV came across a vehicle where there was question as to whether or not it was a bicycle or a motorcycle, then it would contact the manufacturer. 1:27:33 PM REPRESENTATIVE WOOL, in response to Representative Hannan, agreed that the crux of the issue is to be able to determine whether a vehicle requires registration. He pointed out that the Class 2 has pedals but does not require their use, whereas the Class 1 and 3 electric-assisted bicycles require use of the pedals to engage the electric-assist feature of the bicycles. Certain municipal ordinance may still ban electric-assisted bicycles from bicycles paths; however, most allow both traditional pedal bicycles and electric-assisted bicycles on the paths. 1:29:39 PM CHAIR HOPKINS opened public testimony on HB 87. After ascertaining there was no one who wished to testify, he closed public testimony. 1:29:54 PM CHAIR HOPKINS announced that HB 87 was held over.