BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1096


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1096 (Chiu)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  |74-0  |(May 22, 2015) |SENATE: | 40-0 | (September 9,   |
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          Original Committee Reference:  TRANS.


          SUMMARY:  Defines various classes of electric bicycles and  
          establishes parameters for their operation in California.


          The Senate amendments: 


          1)Require electric bicycle manufacturers to certify compliance  
            with equipment and manufacturing requirements.


          2)Require electric bicycles to operate in a manner that such  
            that the electric motor disengages or stops functioning when  
            the brakes are applied.


          3)Prohibit a person from tampering with or modifying an electric  
            bicycle to change its speed capability without replacing the  








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            classification label.


          4)Specify that persons operating electric bicycles are not  
            subject to financial responsibility, driver's license,  
            registration, or other license plate requirements.


          5)Adds provisions from AB 604 (Olsen) of the current legislative  
            session, to avoid chaptering out conflicts.


          6)Make related, clarifying and conforming amendments.


          EXISTING LAW:  


          1)Defines a "motorized bicycle" or "moped" as a two-wheeled or  
            three-wheeled device with fully operative pedals for  
            propulsion by human power, or with no pedals if powered solely  
            by electrical energy, and an automatic transmission and a  
            motor that produces less than four gross brake horsepower and  
            is capable of propelling the device at a maximum speed of not  
            more than 30 miles per hour (mph) on level ground.
          2)Additionally defines "motorized bicycle" as a device that has  
            fully operative pedals for propulsion by human power and has  
            an electric motor that has a power output of not more than  
            1,000 watts, is incapable of propelling the device at a speed  
            of more than 20 mph on level ground, and is incapable of  
            further increasing the speed of the device when human power is  
            used to propel the motorized bicycle faster than 20 mph.


          3)Requires compliance with a variety of manufacturing,  
            disclosure, safety, and operational requirements.  


          4)Prohibits the operation of motorized bicycles on all bicycle  
            paths or trails, bikeways, bicycle lanes, equestrian trails,  
            and hiking or recreational trails unless the local authority  
            with jurisdiction over the facility permits their operation.








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          AS PASSED BY THE ASSEMBLY, this bill:


          1)Defined an "electric bicycle" as a bicycle equipped with fully  
            operable pedals and an electric motor of less than 750 watts  
            and establishes the following three classes of electric  
            bicycles:


             a)   "Class 1 electric bicycle," or "low-speed pedal-assisted  
               electric bicycle," which is defined as a bicycle equipped  
               with a motor that provides assistance only when the rider  
               is pedaling and that ceases to provide assistance when the  
               bicycle reaches the speed of 20 mph;
             b)   "Class 2 electric bicycle," or "low-speed  
               throttle-assisted electric bicycle," which is defined as a  
               bicycle equipped with a motor that may be used exclusively  
               to propel the bicycle and that is not capable of providing  
               assistance when the bicycle reaches the speed of 20 mph;  
               and


             c)   "Class 3 electric bicycle," or "speed pedal-assisted  
               electric bicycle," which is defined as a bicycle equipped  
               with a motor that provides assistance only when the rider  
               is pedaling and that ceases to provide assistance when the  
               bicycle reaches the speed of 28 mph, and is equipped with a  
               speedometer.


          2)Required manufacturers and distributors of electric bicycles,  
            on or after January 1, 2017, to apply a label that is  
            permanently affixed, in a prominent location, to each electric  
            bicycle that contains the classification number, top assisted  
            speed, and motor wattage of the electric bicycle printed in  
            Arial font in at least nine-point type.
          3)Subjected a person riding an electric bicycle to all of the  
            same legal requirements that apply to people riding bicycles. 










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          4)Deleted one definition of "motorized bicycle" from existing  
            law and makes conforming changes.


          5)Prohibited anyone under 16 from operating a Class 3 electric  
            bicycle. 


          6)Required anyone operating, riding as a passenger on, in a  
            restraining seat attached to, or in a trailer towed by a Class  
            3 electric bicycle to wear a properly fitted and fastened  
            bicycle helmet.


          7)Prohibited the operation of a Class 3 electric bicycle on a  
            bicycle path or trail, bikeway, bicycle lane, equestrian  
            trail, or hiking or recreational trail, unless it is within or  
            adjacent to a roadway or unless the local authority or the  
            governing body of a public agency having jurisdiction over  
            such path or trail permits such operation.


          8)Authorized local authorities and public agencies with  
            jurisdiction over bicycle paths or trails, equestrian trails,  
            or hiking or recreational trails to prohibit the operation of  
            Class 1 and Class 2 electric bicycles on that path or trail.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  Existing law provides for two categories of motorized  
          bicycle.  Bicycles in the first category have a maximum  
          allowable speed of 30 mph, pedals for human propulsion, and a  
          motor that produces no more than four horsepower.  This category  
          also includes devices that are powered solely by an electric  
          motor but do not have pedals, like an electric-powered Vespa.  
          Bicycles in the second category have a maximum allowable speed  
          of 20 mph, a 1,000-watt (approximately 1.4 horsepower) motor,  
          and pedals for human propulsion.  









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          Current law authorizes the use of motorized bicycles on public  
          streets and roads, as well as on some state highways with prior  
          authorization by the Department of Transportation.  The law  
          prohibits them from being operated on bicycle paths or trails,  
          bikeways, bicycle lanes, and equestrian or hiking trails except  
          those within or adjacent to a roadway, unless the local  
          authority having jurisdiction over the bike path or trail  
          approves their use by ordinance.  According to the California  
          Highway Patrol, operation of motorized bicycles generally  
          requires a Class C driver's license with an M2 endorsement.   
          Motorized bicycles are also subject to various operational and  
          safety requirements.


          This bill deletes the second category of motorized bicycles  
          (those with a top speed of 20 mph) and instead creates a new  
          section of law to define three classes of electric bicycles and  
          generally treats them similarly to other bicycles.  This bill  
          restricts the use of Class 3 electric bikes, those that have the  
          highest top speed, to those 16 and up and requires all riders to  
          wear a helmet. In addition, this bill prohibits Class 3 electric  
          bikes on paths and trails unless expressly authorized and  
          permits local authorities to restrict the use of Class 1 and  
          Class 2 electric bikes on paths and trails.  Finally, this bill  
          requires electric bikes to be affixed with a label that  
          specifies which class it is to allow for easy identification by  
          law enforcement. 


          According to the author, "California's regulations of electric  
          bicycles are outdated.  Modern electric motor-assisted bicycles  
          are designed to behave almost exactly like a regular bicycle -  
          just easier to pedal - but they are regulated as 'motorized  
          bicycles' with restrictions that bar their use on most bicycle  
          paths.  Ambiguous language in the description of electric bikes  
          creates confusion for manufacturers and consumers in this  
          fast-growing market.  AB 1096 would create improved definitions  
          of electric bikes and appropriately permit more access to trails  
          and paths."










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          California's laws around motorized bicycles did not conceive of  
          the types of electric bicycles that exist today, which are  
          functionally similar to regular bicycles.  This bill recognizes  
          that the law needs to be updated and offers a comprehensive  
          approach that addresses the various types of electric bicycles  
          that are available on the market.  It is a reasonable approach  
          that ensures that electric bicycle riders can use roads just  
          like other bicycle riders while also providing for some measure  
          of local control if safety concerns arise on specific paths or  
          trails.


          Analysis Prepared by:                                             
                          Victoria Alvarez / TRANS. / (916) 319-2093  FN:  
          0002309