Bill Text: CA SB1271 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Electric bicycles, powered mobility devices, and storage batteries.
Spectrum: Bipartisan Bill
Status: (Enrolled) 2024-08-29 - Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. [SB1271 Detail]
Download: California-2023-SB1271-Introduced.html
of less than 750 watts. with continuous rated mechanical power of not more than 750 watts.
Bill Title: Electric bicycles, powered mobility devices, and storage batteries.
Spectrum: Bipartisan Bill
Status: (Enrolled) 2024-08-29 - Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. [SB1271 Detail]
Download: California-2023-SB1271-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1271
| Introduced by Senator Min |
February 15, 2024 |
An act to amend Section 312.5 of, and to add Chapter 5 (commencing with Section 10000) to Division 3.6 of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1271, as introduced, Min.
Electric bicycles, powered mobility devices, and storage batteries.
Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions. Existing law requires manufacturers and distributors of electric bicycles to apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number and motor wattage of the electric bicycle, as specified. A violation of the Vehicle Code is a crime.
This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts. The bill would, if an electric bicycle is capable of operating in multiple modes, require a manufacturer and distributor to include on the label the
classification number of all classes of which it is capable of operating. The bill would prohibit specified vehicles from being advertised, sold, offered for sale, or labeled as electric bicycles, as specified. Because the bill would impose new requirements for electric bicycles, the violation of which would be a crime, the bill would impose a state-mandated local program.
Commencing January 1, 2026, this bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease, an electric bicycle, powered mobility device, or storage battery, as defined, unless the battery for the electric bicycle or powered mobility device has been tested, as specified, or the storage battery meets specified tests. Commencing January 1, 2026, the bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease, an electric bicycle, powered mobility device, or storage battery unless the logo, wordmark, or name of an accredited
testing laboratory and the applicable test standard used to show compliance is displayed, as specified. Commencing January 1, 2028, the bill would prohibit a person from renting or offering for rental an electric bicycle, powered mobility device, or storage battery unless the battery for the electric bicycle or powered mobility device has been tested, as specified, or the storage battery meets specified tests. Commencing January 1, 2026, this bill would require a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, or storage battery subject to testing under these provisions to provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. The bill would make a person in violation of these provisions liable for an infraction with a fine of $1,000 per stock keeping unit. By creating a new 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: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 312.5 of the Vehicle Code is amended to read:312.5.
(a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is 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 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed
throttle-assisted electric bicycle,” is 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 miles per hour.
(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is 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 miles per hour, and equipped with a speedometer.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) (1) On and
after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
(2) If an electric bicycle is capable of operating in multiple modes as described in subdivision (d), a manufacturer and distributor shall include on the label the classification number of all classes of which it is capable.
(d) An electric bicycle that has multiple switchable or programmable modes is an electric bicycle under this code only if it fully conforms with the respective class definition when operated in each mode.
(e) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:
(1) A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed of 20 miles per hour or greater on motor power alone or a continuous rated mechanical power of more than 750 watts.
(2) A vehicle that is modified to attain a speed of 20 miles per hour or greater on motor power alone or a continuous rated mechanical power of more than 750 watts, or modified to have its operable pedals removed.
SEC. 2.
Chapter 5 (commencing with Section 10000) is added to Division 3.6 of the Vehicle Code, to read:CHAPTER 5. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries
10000.
For purposes of this chapter, the following terms have the following meanings:(a) “Accredited testing laboratory” means an independent laboratory accredited by an accreditation body to ISO 17025 or ISO 17065, or a Nationally Recognized Testing Laboratory (NRTL).
(b) “Department” means the Department of Motor Vehicles.
(c) “Electric bicycle” means a bicycle with electric assistance as defined in subdivision (a) of Section 312.5.
(d) (1) “Powered mobility device” includes any of the following:
(A) A motorized scooter as defined in subdivision (a) of Section 407.5.
(B) A motorized bicycle or moped as defined in subdivision (a) of Section 406.
(C) An off-highway motorcycle as defined in Section 436.
(D) Any other personal mobility device powered by a lithium ion storage battery.
(2) “Powered mobility device” does not include electric bicycles, wheelchairs, or other mobility devices designed for use by persons with disabilities, a vehicle that is powered by an internal combustion engine, or a vehicle required to be registered with the Department of Motor Vehicles.
(e) “Stock keeping unit” means each group of items offered for sale of the same brand name, quantity of
contents, retail price, and variety.
(f) “Storage battery” means any of the following:
(1) A rechargeable lithium ion traction battery that supplies electrical power to the motor that propels an electric bicycle or powered mobility device, and includes a replacement original equipment traction battery for those devices.
(2) A battery sold as part of a kit intended to convert a bicycle into an electric bicycle or powered mobility device.
(3) A lithium ion battery advertised as suitable for use with an electric bicycle or powered mobility device.
10001.
(a) A person shall not distribute, sell, lease, or offer for sale, or lease, an electric bicycle unless the battery for the electric bicycle has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849 or EN 15194, or other safety standard for electric bicycles as the department has established by rule.(b) A person shall not distribute, sell, lease, or offer for sale, or lease, a powered mobility device unless the battery for the powered mobility device has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271.
(c) A person shall not distribute, sell, lease, or offer for sale, or lease, a
storage battery unless the storage battery meets either of the following:
(1) The storage battery is designed for a powered mobility device and has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271.
(2) The storage battery is designed for an electric bicycle and has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849 or EN 15194 or other safety standard as the department has established by rule, or is part of a complete electrical system for an electric bicycle that has been tested by an accredited laboratory for compliance with ANSI/CAN/UL 2849 or EN 15194.
(d) (1) A person shall not distribute, sell, lease, or offer for sale, or lease, an electric bicycle, powered mobility device, or storage
battery unless the logo, wordmark, or name of an accredited testing laboratory and the applicable test standard used to show compliance is displayed on either of the following:
(A) On the packaging or documentation provided to the buyer at the time of sale for the electric bicycle, powered mobility device, or battery.
(B) Directly on the electric bicycle or its electrical system, the powered mobility device, or the battery of the electric bicycle or powered mobility device.
(2) A person shall not be required to display the logo, wordmark, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, or storage battery is being sold or leased second hand.
10002.
(a) A person shall not rent or offer for rental an electric bicycle unless the battery for the electric bicycle has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849 or EN 15194, or such other safety standard for electric bicycles as the department has established by rule.(b) A person shall not rent or offer for rental a powered mobility device unless the battery for such powered mobility device has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271.
(c) A person shall not rent or offer for rental a storage battery unless the storage battery meets either of the following:
(1) The storage battery is designed for a powered mobility device and has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271.
(2) The storage battery is designed for an electric bicycle and has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849 or EN 15194 or other safety standard as the department has established by rule, or is part of a complete electrical system for an electric bicycle that has been tested by an accredited laboratory for compliance with ANSI/CAN/UL 2849 or EN 15194.
(d) A person shall not be required to display the logo, wordmark, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, or storage battery is being rented.
(e) This section shall become operative on January 1, 2028.
