Bill Text: CA AB2234 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: electric bicycles.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 823, Statutes of 2024. [AB2234 Detail]

Download: California-2023-AB2234-Amended.html

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Amended  IN  Assembly  April 17, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2234

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Introduced by Assembly Member Boerner

February 08, 2024

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An act to amend Section 894 of the Streets and Highways Code, and to amend Section 21213 of add and repeal Section 21214.7 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 2234, as amended, Boerner. Vehicles: electric bicycles.

Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, a “class 1 electric bicycle” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 2 electric bicycle” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 3 electric bicycle” is a bicycle equipped with a speedometer and 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 miles per hour. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle.

This bill, the San Diego Electric Bicycle Safety Pilot Program, would, until January 1, 2029, authorize a local authority within the County of San Diego, or the County of San Diego in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle. The bill would make a violation of an ordinance or resolution that is adopted for this purpose an infraction punishable by either a fine of $25 or completion of an electric bicycle safety and training course, as specified. The bill would, if an ordinance or resolution is adopted, require the county to, by January 1, 2028, submit a report to the Legislature that includes, among other things, the total number of traffic stops initiated for a violation of the ordinance or resolution, the results of those traffic stops, and the actions taken by a peace officer during a traffic stop, as specified. The bill would require a local authority or county to administer a public information campaign for at least 30 calendar days prior to the enactment of the ordinance or resolution, as specified. The bill would require the local authority or county to only issue warning notices for the first 60 days after the passage of the ordinance or resolution.

Existing law requires the Department of the California Highway Patrol to develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, as defined, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles. Existing law requires the safety and training programs to be developed in collaboration with relevant stakeholders and to be posted on the department’s internet website.

This bill would require the department, on or before June 30, 2025, to issue a skills waiver containing specific information, in an electronic format, to each person who completes the electric bicycle safety and training programs described above. The bill would state the intent of the Legislature to create a diversion program, comprised of traffic safety training and community service, for a person who is cited for a traffic violation while operating an electric bicycle.

Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, an electric bicycle is a bicycle and rules pertaining to the operation of bicycles apply to electric bicycles. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle. A violation of the Vehicle Code is a crime.

This bill would prohibit a person under 12 years of age from operating an electric bicycle of any class. The bill would, commencing July 1, 2025, require a person who does not possess a valid driver’s license to have the skills waiver issued by the department, as described above, and a valid state-issued identification card in their immediate possession when operating an electric bicycle of any class. Because the bill would create a new prohibition on, and requirements to, operate an electric bicycle, the violation of which would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 21214.7 is added to the Vehicle Code, to read:

21214.7.

 (a) This section shall be known, and may be cited, as the San Diego Electric Bicycle Safety Pilot Program.

(b) A local authority within the County of San Diego, or the County of San Diego in unincorporated areas, may, by ordinance or resolution, prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle.

(c) A violation of an ordinance or resolution adopted pursuant to this section shall be punishable by a fine of twenty-five dollars ($25) or completion of an electric bicycle safety and training program described in Section 894 of the Streets and Highways Code.

(d) (1) If an ordinance or resolution is adopted pursuant to this section, the county shall, by January 1, 2028, submit a report to the Legislature that includes all of the following:

(A) The total number of traffic stops initiated for a violation of the ordinance or resolution adopted pursuant to this section.

(B) The results of those traffic stops, including whether a warning or citation was issued, property was seized, or an arrest was made.

(C) The number of times a person was stopped for allegedly operating a class 1 or class 2 electric bicycle while under 12 years of age but was found to be over the age limit.

(D) If a warning or citation was issued, a description of the warning or the violation cited.

(E) If an arrest was made, the offense cited by the officer for the arrest and the perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics is solely based on the observation and perception of the peace officer who initiated the traffic stop.

(F) The actions taken by a peace officer during a traffic stop, including, but not limited to, all of the following:

(i) Whether the peace officer asked for consent to search the person and, if so, whether consent was provided.

(ii) Whether the peace officer searched the person or property, and, if so, the basis for the search and the type of contraband or evidence discovered.

(iii) Whether the peace officer seized property and, if so, the type of property that was seized and the basis for seizing the property.

(G) The number of times a person opted to complete, and did complete, the training course in lieu of paying the fine.

(H) The number of times that a person under 12 years of age was operating an electric bicycle and was involved in a crash that resulted in a permanent, serious injury, as defined in Section 20001, or a fatality in the six months prior to the adoption of the ordinance or resolution, the cause of the crash, and the class of the electric bicycle that was being operated at the time of the crash.

(I) The number of times that a person under 12 years of age was operating an electric bicycle and was involved in a crash that resulted in a permanent, serious injury, as defined in Section 20001, or a fatality after the adoption of the ordinance or resolution, the cause of the crash, and the class of the electric bicycle that was being operated at the time of the crash.

(2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(e) A local authority shall administer a public information campaign for at least 30 calendar days prior to the enactment of an ordinance or resolution adopted pursuant to this section, which shall include public announcements in major media outlets and press releases.

(f) A local authority shall only issue warning notices for the first 60 days after the passage of an ordinance or resolution adopted pursuant to this section.

(g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SECTION 1.

It is the intent of the Legislature to create a diversion program, which includes traffic safety training and community service, for a person who is cited for a traffic violation while operating an electric bicycle.

SEC. 2.Section 894 of the Streets and Highways Code is amended to read:

894.

(a)(1)The Department of the California Highway Patrol shall develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles.

(2)On or before June 30, 2025, the Department of the California Highway Patrol shall issue a skills waiver, in an electronic format, to each person who completes the training described in paragraph (1). The skills waiver shall contain all of the following information:

(A)The name of the person who completed the training.

(B)The name of the parent or guardian of the person who completed the training.

(C)The date of issuance of the skills waiver.

(b)The safety and training programs shall be developed in collaboration with relevant stakeholders.

(c)The safety and training programs shall be posted on the internet website of the Department of the California Highway Patrol on or before September 1, 2023.

SEC. 3.Section 21213 of the Vehicle Code is amended to read:

21213.

(a)A person under 16 years of age shall not operate a class 3 electric bicycle.

(b)A person shall not operate a class 3 electric bicycle, or ride upon a class 3 electric bicycle as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This helmet requirement also applies to a person who rides upon a class 3 electric bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.

(c)A person under 12 years of age shall not operate an electric bicycle of any class.

(d)Commencing July 1, 2025, a person who does not possess a valid driver’s license shall have in their immediate possession, at all times when operating an electric bicycle of any class, both of the following:

(1)The skills waiver issued by the Department of the California Highway Patrol, pursuant to Section 894 of the Streets and Highways Code, in an electronic or printed format.

(2)A valid state-issued identification card.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.