HB 8-ELECTRIC-ASSISTED BICYCLES  4:24:20 PM CHAIR KAWASAKI announced the consideration of CS FOR HOUSE BILL NO. 8(TRA) "An Act relating to electric-assisted bicycles; and providing for an effective date." He noted that this was the companion bill to SB 62 that many members had already seen. 4:25:00 PM REPRESENTATIVE ASHLEY CARRICK, District 35, Alaska State Legislature, Juneau, Alaska, sponsor of HB 8, introduced the legislation speaking to the sponsor statement. Electric-assisted bicycles 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 since 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 can 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 preceding legislatures. Please join me in supporting House Bill 8 to bring our statutes up to date so all Alaskans can enjoy and use electric- assisted bicycles. 4:27:14 PM REPRESENTATIVE CARRICK stated that HB 8 has three goals: 1) to regulate electric assisted bicycles as bicycles in statute, 2) to update the statute to reflect the advances in technology, and 3) to bring clarity to consumers and retailers on electric- assisted bicycle laws and allow local flexibility. The new definition in statute would identify an e-bike as a bicycle that is designed to have not more than three wheels in contact with the ground; has fully operable pedals for human propulsion; and is equipped with an electric motor with a power output of not more than 750 watts. HB 8 further defines three classes of electric bicycles; Class 1 provides assistance only while the rider pedals and stops assisting at a maximum speed of 20 miles per hour (mph); Class 2 propels the rider whether or not the rider pedals and stops assisting at a maximum speed of 20 mph; Class 3 assists the rider only when the rider is pedaling and stops assisting at a maximum speed of 28 mph. She highlighted that the definitions in HB 8 have been adopted in 39 other states. The language in HB 8 also clarifies that e-bikes are not mopeds, motor scooters, dirt bikes, segues, motorcycles, cars, or electric wheelchairs. 4:31:31 PM CHAIR KAWASAKI requested the sectional analysis. 4:31:45 PM STUART RELAY, Staff, Senator Ashley Carrick, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for HB 8 on behalf of the sponsor. 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. MR. RELAY listed the letters of support for HB 8 that were in members' packets. 4:36:39 PM SENATOR WIELECHOWSKI asked how the definition of e-bikes in the bill aligns with the federal definition. MR. RELAY replied that the definitions are the same. SENATOR WIELECHOWSKI asked if there were federal efforts to regulate the usage of e-bikes. MR. RELAY replied that the Department of the Interior, which includes the National Park Service and the Bureau of Land Management (BLM) and the US Forest Service (Department of Agriculture) use this definition for e-bikes. In National Parks it is up to the park superintendent whether or not e-bikes can be used on trails that allow bicycles. He noted that Denali National Park allows e-bikes on trails that bicycles use. On BLM land, the land use plan for a particular parcel must allow the use of e-bikes. SENATOR WIELECHOWSKI asked whether this bill would impact Anchorage's regulatory scheme for electric bicycles. MR. RELAY responded that the Municipality of Anchorage uses the same definition for e-bikes as the federal government. 4:38:49 PM SENATOR WIELECHOWSKI asked whether the bill changes the way Anchorage regulates e-bikes. MR. RELAY answered no, the bill does not change how Anchorage regulates electric assisted bikes. SENATOR WIELECHOWSKI asked whether the bill will impact how e- bikes are used on the BLM Special Recreation Management Area Campbell Track that's in the Municipality of Anchorage. MR. RELAY answered that BLM personnel are reviewing an amendment to the land use plan for Campbell Track to allow e-bikes, but they currently are not allowed. SENATOR WIELECHOWSKI asked if HB 8 would create an inconsistency between the way the state treats electric assisted bicycles and motorized scooters. If so, he asked for the rational for the disparity. MR. RELAY replied that scooters fall under a completely different definition that is not included in HB 8. SENATOR WIELECHOWSKI asked for the rational for treating them differently. MR. RELAY replied they are treated differently because they are different vehicles. Motorized scooters don't have to have operable pedals and are not bicycles. HB 8 says that because of the similarities between bicycles and electric assisted bicycles, they are both bicycles. SENATOR WIELECHOWSKI asked if there was an ongoing rewrite of the regulations in 13 AAC (2) and (4) that could address the definition of e-bicycles. MR. RELAY replied that bills to define e-bikes as bicycles have been introduced since 2019 and to his knowledge there was no active rewrite of 13 AAC (2) and (4) in process. SENATOR WIELECHOWSKI asked if any department had sufficient statutory authority to define electric assisted bikes as not a motorized vehicle or if that required a statutory change. MR. RELAY offered his understanding that various department define electric assisted bicycles differently, which results in a gray area and HB 8 clears up that gray area. 4:41:41 PM SENATOR WIELECHOWSKI asked if people who have lost their driver's license because of a DUI or a dangerous driving infraction would be able to get back on the road on an e-bike. MR. RELAY answered that HB 8 regulates electric assisted bicycles as bicycles. People who have lost their license are able to ride bicycles so, as written, they would be able to ride an electric assisted bicycle. SENATOR WIELECHOWSKI asked if there was evidence that charging an e-bike in a residential building could create a risk of fire or explosion. MR. RELAY answered that the sponsor has not found any instances of that happening. SENATOR WIELECHOWSKI asked if e-bikes can be modified to go faster than allowed under the definition in the bill. MR. RELAY replied that it would no longer be an e-bike. 4:43:19 PM CHAIR KAWASAKI asked whether electric assisted bicycles require a license plate or specialty registration to use on roads. MR. RELAY responded that SB 95 relating to specialty plates would not apply specifically to House Bill 8. 4:43:47 PM SENATOR BJORKMAN asked why electric assisted bicycles can travel so much faster than a regular bike that does not have electric assist. MR. RELY replied that the definition in the bill has been widely adopted including by about three-quarters of the states, the federal government, and the Municipality of Anchorage. HB 8 seeks to add Alaska to that list. SENATOR BJORKMAN asked how far someone typically could travel on one full battery. MR. RELAY said he didn't have any personal experience but he would guess the range would be 50-100 miles. He offered to follow up with an answer after doing some research. CHAIR KAWASAKI reported that the land speed record trailing behind a vehicle was 183 mph and the top speed for a conventional bike was 88.26 mph. He noted that Senator Claman shared that his top speed down Thompson Pass was 45 mph. 4:48:32 PM CHAIR KAWASAKI opened public testimony on SB 95. 4:48:40 PM ERIC TROYER, board member, Fairbanks Cycle Club (FCC), Fairbanks, Alaska, stated that FCC supports HB 8 for several reasons: 1) it adds a definition for e-bikes to the Alaska Administrative Code; 2) it adds e-bikes to the list of modes of transportation that do not need to be registered with the Division of Motor Vehicles (DMV); 3) it separates e-bikes from motor-driven cycles such as motorcycles and motor scooters; 4)it has language that defines the three classes of e-bikes; 5) the national groups League of American bicyclists and People for Bikes as well as 30 states advocate this language; and 6) it supports local control by allowing municipalities and state agencies to add further regulation. E-bikes encourage more people to cycle and they encourage some people to replace car trips with cycle trips, which improves health, reduces traffic congestion, and reduces greenhouse gases that contribute to climate change. He advocated for further encouraging e-bikes with a good law like HB 8. MR. TROYER offered the following perspective on the speed of e- bikes. His wife, who is over 60, leads a group of fit women riders and their average pace on road rides is 16 - 18 mph. 4:50:51 PM SENATOR WIELECHOWSKI asked if there was any concern in the cycling community about conflict between people using e-bikes on trails where people and dogs are walking. MR. TROYER replied that the club discussed the issue and decided it was better to let local municipalities control any additional regulations because what fits one municipality might not be appropriate for another. 4:51:43 PM DYANI CHAPMAN, State Director, Alaska Environment, Anchorage, Alaska, stated that this is a statewide nonprofit environmental organization that supports regulating e-bikes as bicycles. HB 8 allows people to have a better idea of how and where they will be able to use e-bikes in their community. E-bikes provide a more efficient transportation choice and make it possible for more people to cycle whether they're going to work, running errands, or recreating. E-bikes are an efficient use of energy and don't contribute to air pollution. She relayed that she's comfortable sharing space with e-bikes when she's riding her traditional pedal bicycle. She also pointed out that the bill gives municipalities the option of further regulating e-bikes if there are concerns in a particular area. She thanked the committee for considering HB 8. 4:53:46 PM JOHN SCHAUER, representing self, Fairbanks, Alaska, stated that he is 66 years old and in January 2018 he and his wife purchased Class 1 electric assist bicycles. HB 8 would regulate these as bicycles just as they're regulated in Canada, most of Europe, 39 other states, and the Municipality of Anchorage. Since he purchased his bike he's ridden 6,900 miles, mostly on trails in Alaska and the Yukon. He rides 6-20 miles 4-6 days per week during most of the year. He typically averages 10-12 mph with top speeds of 20 mph, which is about the speed he goes with his Alaskan huskies. He shares trails with dog mushers, conventional cyclists, skiers, and four-wheelers and has never had a conflict. He relayed his experience with motorcycles and motorized bikes and said his e-bike is definitely neither of those. He rides his e-bike with his sons who are on mountain bikes. They drop him on the down hills but he catches them on the uphill. He views each of the four levels of assist as taking 10 years off his age. He can't ride a road bike at 17-18 mph for 40-50 miles any more but his e-bike allows him to get out and enjoy the trails with all the other trail users and his dog. He said he hopes the committee supports HB 8. MR. RELAY thanked the committee for hearing the bill. 4:59:22 PM CHAIR KAWASAKI closed public testimony HB 8 and held the bill in committee.