BILL ANALYSIS Ó AB 1096 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1096 (Chiu) As Amended September 4, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 22, 2015) |SENATE: | 40-0 | (September 9, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 1096 Page 2 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. AB 1096 Page 3 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. AB 1096 Page 4 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. AB 1096 Page 5 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." AB 1096 Page 6 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