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New Legislation Proposes a Study to Determine How to Regulate E-Bikes

C. Jayden Smith by C. Jayden Smith
March 21, 2023 5:32PM
in EYE ON SC, News Headlines
Council Backs Pending State Legislation, Pushes Back on Bicycle Omnibus Bill

Photo: Jacqueline Garrett

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In hopes to find tangible solutions in regulating the usage and infrastructure of electric bicycles, State Sen. Dave Min has proposed legislation to have a third party join the cause.

The representative of central Orange County cities, such as Irvine, Newport Beach, and Huntington Beach, currently has Senate Bill 381 working its way through the state legislature. Min’s bill would require the Mineta Transportation Institute at San Jose State University to lead a study that would analyze data from injuries, emergency room visits, and deaths related to bicycles and e-bikes and submit a report on best practices to promote safe usage.

SB 381 remains in the beginning stages, as it will be debated by the Senate Transportation Committee on March 28.

An avid rider of electric transportation, Min told the San Clemente Times that determining how to address e-bikes, as their use explodes across California, would be beneficial.

“The rules and the structures we have in place for bikes just seems, perhaps, a little bit inappropriate for e-bikes as they start to become more popular,” he said. “I just thought (that) rather than (having) a bunch of cities make up their own rules, it might be good to start thinking about what the best practices are at a state level.

The senator didn’t go into the process of trying to prove a preconceived notion, however. Min said he has no goals regarding what a potential study may produce.

Instead, he wants to get the answers to whether regulation should be led by the state or municipalities, or to whether the state’s Department of Motor Vehicles should issue licenses to operate faster e-bikes.

“I have no agenda with this other than to better understand what people who study this closely, who might look at some of the tricky questions, deem to be the best practices,” said Min. “From there, maybe we consider doing something after we receive the results to the study.”

Numerous city leaders within his represented area are “at a loss for what to do,” he said, based on conversations with them. Community groups and parents have also reached out.

All appear to agree that they want to hammer out the basic framework of regulations, and Min referenced the study to provide answers to people’s varying questions.

San Clemente Mayor Chris Duncan told SC Times that state assistance with addressing one of his top priorities, the city’s prevalent e-bike use, would benefit them as the city doesn’t have the current infrastructure he would like to see regarding safety.

Ridership on the Beach Trail has drastically decreased following the council’s early 2022 ban, according to Duncan, but people across town still enjoy using e-bicycles for themselves or for their children.

Data from Providence Mission Hospital, which was first reported by Orange County Register reported last month, showed that San Clemente led nearby cities in 2022 for most e-bike-related admissions to the hospital.

In response to those findings, Duncan said that anecdotal evidence from firefighters working in the city supported the statistics.

“I have not seen that study, but it only reinforces the concerns that I and the rest of the council have had about making sure we’re doing everything we can to improve safety for e-bike riders, particularly children,” Duncan said.

Josh and Kiara Jones, parents and co-owners of MURF Electric Bikes, said they view Min’s legislation as something that would promote safety and have a positive impact on their industry.

From the beginning of their company’s history, the Joneses said they have always tried to inform their customers about riding safely, designing stylish helmets to further people wearing them, and collaborating with the city during Bike Safety Rodeos.

Children aren’t even allowed to test ride an e-bike without signed parental consent, Josh mentioned.

“The parents are definitely the ones that are responsible because they’re the guardians,” Josh said. “There is definitely some responsibility on their end to educate their kids on the rules of the road if they are going to be riding (e-bikes) on the road.”

Duncan echoed the Joneses’ sentiments, saying parents should also make sure they purchase the proper vehicle, that their children wear helmets.

At the same time, Duncan said, the city can’t rely on people to fulfill their obligations and it should act in children’s best interest.

“I wish every parent would take it very seriously, but again, we can’t count on that being the case,” he said. “So, we need to prepare for kids to not have all of those precautions and do whatever we can to make sure that they remain safe.”

If the bill passes through the Transportation Committee, its next steps are through the Senate Appropriations Committee and the Senate floor, before undergoing the same process on the Assembly side and eventually reaching Gov. Gavin Newsom’s desk if all goes to plan.

Min said he believes the Transportation Committee will give the go-ahead, but the next step may pose as an obstacle.

“Any bills that cost significant amounts of money are likely to not make through the appropriations process, just given where we are in the budget right now,” said Min.

Since the study would be conducted by a third party, independent of state funding, however, his team is hopeful that SB 381 survives the Appropriations Committee as well.

The Mineta Institute’s reputation as a well-respected transportation authority and its previous connections with Min’s office made the decision to partner with them easy.

He reiterated that he is hopeful both the Senate and the Assembly will favor SB 381.

“I think it will also help that we have so much support from different city groups,” he said. “Already, we have a number of cities that have expressed interest in signing onto the bill as co-sponsors.”

If the bill becomes law, likely with modifications, Min anticipates a two-year study period before the California Legislature receives a report on the findings.

SB 381’s progress can be tracked on legiscan.com.

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Tags: billsChris DuncanCity CouncilE-bikeselectric bicyclesFeaturedGavin NewsomOrange CountySan ClementeState AssemblyState LegislatureState SenateTransportation
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C. Jayden Smith

C. Jayden Smith

C. Jayden Smith graduated from Dana Hills High in 2018 before pursuing a Bachelor’s degree in digital and broadcast journalism from the University of North Texas. After graduating in December 2020, he reported for the Salina Journal in Salina, Kansas. Jayden loves college football and bothering his black lab named Shadow. Email him at cjsmith@picketfencemedia.com.

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