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 for various purposes, including the requirement that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. Existing law defines class 1 electric bicycle 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 miles per hour, and defines class 3 electric bicycle 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 miles per hour, and equipped with a speedometer. 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 that does not exceed 750 watts of power. The bill would also clarify the definitions of class 1 electric bicycle and class 3 electric bicycle by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle, except as specified, nor providing assistance to reach speeds greater than 20 miles per hour and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle, except as specified. 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.

Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection. Existing law requires the State Fire Marshal to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness. Existing law prohibits a person from marketing, distributing, or selling portable fire extinguishers unless it complies with the regulations and standards adopted by the State Fire Marshal.

Commencing January 1, 2026, this bill would require the State Fire Marshal to adopt regulations that promote the fire and electrical safety of electric bicycles, powered mobility devices, and storage batteries, as specified.

Commencing January 1, 2026, this bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease, an electric bicycle or powered mobility device, as defined, unless the storage battery for the electric bicycle or powered mobility device has been tested by an accredited testing laboratory for compliance with a specified standard. Commencing January 1, 2026, the bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease a storage battery unless the battery meets specified requirements. 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, label, 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, charging system, or storage battery unless it has been tested for compliance with a specified standard. Commencing January 1, 2026, the bill would require a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, 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 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.

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 for various purposes, including the requirement that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. Existing law defines class 1 electric bicycle 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 miles per hour, and defines class 3 electric bicycle 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 miles per hour, and equipped with a speedometer. 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 that does not exceed 750 watts of power. The bill would also clarify the definitions of class 1 electric bicycle and class 3 electric bicycle by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle, except as specified, nor providing assistance to reach speeds greater than 20 miles per hour and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle, except as specified. 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.

Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection. Existing law requires the State Fire Marshal to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness. Existing law prohibits a person from marketing, distributing, or selling portable fire extinguishers unless it complies with the regulations and standards adopted by the State Fire Marshal.

Commencing January 1, 2026, this bill would require the State Fire Marshal to adopt regulations that promote the fire and electrical safety of electric bicycles, powered mobility devices, and storage batteries, as specified.

Commencing January 1, 2026, this bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease, an electric bicycle or powered mobility device, as defined, unless the storage battery for the electric bicycle or powered mobility device has been tested by an accredited testing laboratory for compliance with a specified standard. Commencing January 1, 2026, the bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease a storage battery unless the battery meets specified requirements. 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, label, 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, charging system, or storage battery unless it has been tested for compliance with a specified standard. Commencing January 1, 2026, the bill would require a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, 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 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.

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 for various purposes, including the requirement that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. Existing law defines class 1 electric bicycle 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 miles per hour, and defines class 3 electric bicycle 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 miles per hour, and equipped with a speedometer. 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. that does not exceed 750 watts of power. The bill would also clarify the definitions of class 1 electric bicycle and class 3 electric bicycle by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle bicycle, except as specified, nor providing assistance to reach speeds greater than 20 miles per hour and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle. bicycle, except as specified. 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.

Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection. Existing law requires the State Fire Marshal to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness. Existing law prohibits a person from marketing, distributing, or selling portable fire extinguishers unless it complies with the regulations and standards adopted by the State Fire Marshal.

Commencing January 1, 2026, this bill would require the State Fire Marshal to adopt regulations that promote the fire and electrical safety of electric bicycles, powered mobility devices, and storage batteries, as specified.

Commencing January 1, 2026, this bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease, an electric bicycle or powered mobility device, as defined, unless the storage battery for the electric bicycle or powered mobility device has been tested by an accredited testing laboratory for compliance with a specified standard. Commencing January 1, 2026, the bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease a storage battery unless the battery meets specified requirements. 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, label, 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, charging system, or storage battery unless it has been tested for compliance with a specified standard. Commencing January 1, 2026, the bill would require a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, 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 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.

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 for various purposes, including the requirement that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. Existing law defines class 1 electric bicycle 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 miles per hour, and defines class 3 electric bicycle 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 miles per hour, and equipped with a speedometer. 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 also clarify the definitions of class 1 electric bicycle and class 3 electric bicycle by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle nor providing assistance to reach speeds greater than 20 miles per hours hour and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle. 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.

Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection. Existing law requires the State Fire Marshal to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness. Existing law prohibits a person from marketing, distributing, or selling portable fire extinguishers unless it complies with the regulations and standards adopted by the State Fire Marshal.

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, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified standard or other safety standard established by the Office of the State Fire Marshal. bicycle or powered mobility device, as defined, unless the battery for the electric bicycle or powered mobility device has been tested by an accredited testing laboratory for compliance with a specified standard. Commencing January 1, 2026, the bill would prohibit a person from distributing, selling, leasing, or offering for sale or lease a storage battery unless the battery meets specified requirements. 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, label, 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, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified standard or other safety standard established by the Office of the State Fire Marshal. charging system, or storage battery unless it has been tested for compliance with a specified standard. Commencing January 1, 2026, the bill would require a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, 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 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.

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 for various purposes, including the requirement that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. Existing law defines class 1 electric bicycle 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 miles per hour, and defines class 3 electric bicycle 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 miles per hour, and equipped with a speedometer. 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 also clarify the definitions of class 1 electric bicycle and class 3 electric bicycle by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle nor providing assistance to reach speeds greater than 20 miles per hours and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle. 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.

Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection. Existing law requires the State Fire Marshal to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness. Existing law prohibits a person from marketing, distributing, or selling portable fire extinguishers unless it complies with the regulations and standards adopted by the State Fire Marshal.

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, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified standard or other safety standard established by the Office of the State Fire Marshal. 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, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified standard or other safety standard established by the Office of the State Fire Marshal. Commencing January 1, 2026, the 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.

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 for various purposes, including the requirement that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. Existing law defines class 1 electric bicycle 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 miles per hour, and defines class 3 electric bicycle 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 miles per hour, and equipped with a speedometer.

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 also clarify the definitions of class 1 electric bicycle and class 3 electric bicycle by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle nor providing assistance to reach speeds greater than 20 miles per hours and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle.

Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection. Existing law requires the State Fire Marshal to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness. Existing law prohibits a person from marketing, distributing, or selling portable fire extinguishers unless it complies with the regulations and standards adopted by the State Fire Marshal.

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, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified battery standard or other safety standard established by the Office of the State Fire Marshal. 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, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified battery standard or other safety standard established by the Office of the State Fire Marshal. Commencing January 1, 2026, the 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.

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 restrictions for various purposes, including the requirement that 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. Existing law defines class 1 electric bicycle 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 miles per hour, and defines class 3 electric bicycle 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 miles per hour, and equipped with a speedometer.

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 the highest classes of which it is capable of operating. 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. The bill would also clarify the definitions of class 1 electric bicycle and class 3 electric bicycle by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle nor providing assistance to reach speeds greater than 20 miles per hours and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle.

Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection. Existing law requires the State Fire Marshal to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness. Existing law prohibits a person from marketing, distributing, or selling portable fire extinguishers unless it complies with the regulations and standards adopted by the State Fire Marshal.

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, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified battery standard or other safety standard established by the Office of the State Fire Marshal. 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, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified battery standard or other safety standard established by the Office of the State Fire Marshal. Commencing January 1, 2026, the 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.

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 the highest 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. bicycle, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified battery standard or other safety standard established by the Office of the State Fire Marshal. 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. bicycle, powered mobility device, or storage battery has been tested by an accredited testing laboratory for compliance with a specified battery standard or other safety standard established by the Office of the State Fire Marshal. Commencing January 1, 2026, this the 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.

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.

 UNFINISHED BUSINESS  

Bill No: SB 1271

Author: Min (D), et al.

Amended: 8/22/24

Vote: 21

SENATE TRANSPORTATION COMMITTEE: 13-0, 4/9/24

AYES: Cortese, Allen, Archuleta, Becker, Blakespear, Dodd, Gonzalez, Limón, Newman, Nguyen, Portantino, Seyarto, Umberg

NO VOTE RECORDED: Niello, Dahle

SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/23/24

AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 39-0, 5/21/24

AYES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Allen

ASSEMBLY FLOOR: 77-0, 8/26/24 - See last page for vote

SUBJECT: Electric bicycles, powered mobility devices, and storage batteries

SOURCE: Streets for All

DIGEST:

This bill prohibits a person from selling, leasing, renting or offering for sale, lease or rent an electric bicycle (e-bike) unless the battery has been tested by an accredited testing laboratory for compliance with certain standards and modifies the definition of an e-bike.

Assembly Amendments

made modifications to the charging standards used by the bill, allowed class 1 or 3 electric bicycles to have a start assistance mode, and clarified what vehicles are not considered to be electric bicycles.

ANALYSIS:

Existing law:

1. Defines an “electric bicycle” as a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of no more than 750 watts. (Vehicle Code (VEH) §312.5)
2. Defines three classes of electric bicycles:
   1. Class 1 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 a speed of 20 mph;
   2. Class 2 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 a speed of 20mph;
   3. Class 3 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 a speed of 28mph, and that is equipped with a speedometer.
3. Requires a rider of an electric bicycle to follow all the rules of the road of a non-electric bicycle.
4. Prohibits the operation of a class 3 electric bicycle by anyone under the age of 16. Prohibits the operation of a class 3 electric bicycle unless the rider is wearing a properly fitted and fastened bicycle helmet. (VEH §21213)
5. Requires manufacturers and distributes of electric bicycles to apply a permanently affixed label to the bicycle that contains the classification number, top assisted speed, and motor wattage of the electric bicycle. (VEH §24106)
6. Prohibits a person from changing the speed capability of an electric bicycle unless they appropriately replace the label indicating the classification.
7. Establishes the State Fire Marshal (SFM), within the Department of Forestry and Fire Protection (Cal FIRE), and requires the SFM to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness.

This bill:

1. Defines, for the purpose of this legislation:
   1. “Accredited testing laboratory” as an independent laboratory accredited by an accreditation body to ISO 17025, 17065, or a Nationally Recognized Testing Laboratory;
   2. “Certification” as the attestation by an accredited testing laboratory that the device has been evaluated and tested and found to conform to a standard;
   3. “Charging system” as dedicated chargers used for charging an electric bicycle, a powered mobility device, or storage batteries for these devices;
   4. “Complete electrical system” as all electrical components of an electric bicycle or powered mobility device’
   5. “Powered mobility device” as a motorized scooter, a motorized bicycle, an off-highway motorcycle, or any other powered mobility device powered by a lithium ion storage battery. This does not include mobility devices for use by persons with disabilities or vehicles powered by an internal combustion engine.
   6. “Storage battery” as a rechargeable lithium-ion traction battery that supplies the power to a motor for an electric bicycle or powered mobility device, a battery sold as part of a kit intended to convert a bicycle into an electric bicycle, or a battery advertised as suitable for use with an electric bicycle or powered mobility device.
2. Directs the State Fire Marshal to prepare and adopt regulations that promote the fire and electrical safety of electric bicycles, powered mobility devices, and storage batteries.
3. Requires, beginning January 1, 2026, charging systems advertised or sold for use with a particular electric bicycle, powered mobility device, o storage battery shall be certified for use with that device.
4. Prohibits, beginning January 1, 2026, the sale, distribution, or leasing of an electric bicycle unless the battery has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard that the State Fire Marshal has established.
5. Prohibits, beginning January 1, 2026, the distribution, sale, or leasing of a powered mobility device unless the battery has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272
6. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a storage battery unless it complies with the same set of safety standards as required by this bill for the type of device it is designed to be used with.
7. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a new electric bicycle, powered mobility device, storage battery, or charging system unless the logo, label, wordmark, or name of an accredited testing laboratory and the applicable certification standard used to show compliance is affixed directly on the device or battery.
8. Prohibits, beginning January 1, 2028, offering for rent an electric bicycle, powered mobility device, storage battery, or charging system unless the device or battery has been tested by an accredited testing laboratory for the applicable test standard.
9. Prohibits, beginning January 1, 2028 a person from being required to display the logo, label, wordmark, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, or storage battery is being rented.
10. Requires, beginning January 1, 2026, a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, or storage battery subject to testing under this bill to provide a true and accurate copy of the test report for the product issued by the accredited testing laboratory upon request.
11. Modifies the definition of “electric bicycle” to clarify that it must have a motor that does not exceed 750 watts of power.
12. Modifies the definition of a class 1 e-bike to specify that the motor shall not be capable of excluding the bicycle and that is not capable of providing assistance to reach speeds greater than 20 miles an hour.
13. Modifies the definition of a class 3 e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle.
14. Allows class 1 or 3 electric bicycles to have a start assistance or walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.
15. Specifies that the following are not electric bicycles and shall not be advertised, sold, or labeled as such:
    1. A vehicle with two or three wheels powered by an electric motor that is intended to be modifiable to attain a speed greater than 20 mph on motor power alone or attain more than 750 watts of power;
    2. A vehicle modified to have such speed or motor power; or
    3. A vehicle modified to have its operable pedals removed.

Comments

1. Purpose of bill. According to the author, “personal mobility devices, such as e-bikes and electric scooters (e-scooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market. SB 1271 will enhance the safety and regulatory compliance of e-bikes and e-scooters by requiring all e-bicycles and e-scooters to be manufactured with batteries that meet the stringent standards of the European Union and Underwriters Laboratories. The bill represents a crucial step towards ensuring the safety of both users and the general public.”
2. Electric bicycle classifications. Electric bicycles (e-bikes) are effectively regular bicycles that include an electric motor and battery capable of assisting or replacing human power while riding the bicycle. In 2015 the legislature passed AB 1096 (Chiu, Chapter 568, Statutes of 2015) which created the current classification system for e-bikes in the state in order to distinguish them from motorized bicycles and allow e-bikes to access regular bike trails and paths. Since the passage of that bill e-bike usage has become even more popular. E-bike sales grew 145% from 2019 to 2020, more than double the rate of classic bikes, according to the market research firm NPD Group.

Class one e-bikes are pedal-assist only, with no throttle, and have a maximum assisted speed of 20 mph. Class two e-bikes also have a maximum speed of 20 mph, but are throttle-assisted and do not necessarily need the rider to pedal. Class three e-bikes are pedal-assist only, with no throttle, and a maximum assisted speed of 28 mph. Class 1 and Class 2 e-bikes generally follow the same rules and restrictions as a standard bicycle, including the requirement that any cyclist younger than 18 years old must wear a bicycle helmet. Because class 3 e-bikes are capable of reaching even higher speeds they have further limitations that a rider must be 16 years old, or older, and must wear a helmet regardless of age. Because it is difficult for an individual to determine what class an e-bike is with a simple visual inspection, statute requires e-bike manufacturers and distributers to label them with their class, top assisted speed, and motor wattage.

1. Switchable bikes. Some manufacturers developed e-bike that are able to “switch” between modes, moving from a slower throttle mode (class 2), to a faster pedal assist mode (class 3). Such devices, technically, are not e-bikes. They are not class 3 e-bikes because their motor is capable of providing assistance even when the bicycle is not pedaling. They are not class 2 e-bikes because the motor is capable of providing assistance at speeds above 20 mph. As such, they do not actually meet the legal definition of an e-bike and instead are motorized bicycles. They also may cause confusion as class 2 e-bikes follow different rules of the road than class 3 e-bikes and a parent might buy a “switchable” bike advertised as class 2 for their child and not realize its illegal for them to operate the device as it can switch into a mode capable of reaching 28 mph. This bill attempts to protect consumers by modifying the definition of e-bikes to clarify what class, if any, such “switching” e-bikes should be classified as.
2. Lithium ion battery fires. Lithium ion batteries are one of the most common rechargeable battery chemistries used today, found in everything from mobile phones to electric vehicles. Although more expensive than their lead-acid equivalents, lithium-ion batteries are significantly lighter and have better lifespans. Lithium batteries are made from tiny packs of a flammable chemical liquid tightly grouped together in a compartment. The more electricity needed from the battery the higher the number of cells and the greater amount of fuel in the event of a failure. If lithium batteries are damaged, poorly designed, or improperly charged they can overheat eventually resulting in “thermal runaway”. This occurs when one of the cells of the battery catches fire and then spreads to other cells in the battery creating an aggressive fire that spreads rapidly, can reignite, and is challenging to extinguish. The thermal runaway can also result in the creation flammable gas within the battery, which can build up and create an explosion.

As consumer electronics and electric vehicles become ubiquitous, lithium ion battery fires will likely become more common. The specific number is challenging to pin down because the National Fire Incident Reporting System has not historically separated out that type of data. However, in cities and other areas where electric vehicles and micromobility devices are being more rapidly adopted, reports of lithium-ion battery fires have been increasing. According to data obtained by CBS news, between 2019 and 2023 the San Francisco Fire Department has recorded 174 lithium ion battery fires and have seen a steady increase in the number of incidents nearly every year. Thankfully, there have been no deaths yet, but there have been several injuries. Results are worse in New York City, which reported nearly 500 lithium battery fires in that time period that have injured more than 300 people and killed 19 people in New York City since 2019.

Not all of these fires can be directly linked to e-bikes or powered mobility devices, but several of them can be. The batteries for these devices are larger than in most consumer devices, creating more risk. They are also exposed to rougher conditions during their normal use increasing the possibility of damage. However, according to a CBS news story, experts say much of the problem stems from unregulated aftermarket chargers that are not required to be certified causing overcharged batteries to malfunction and combust.

1. Actions taken in other jurisdictions. This uptick in lithium ion fires has not gone unnoticed. In response to a deadly fire started in an e-bike store, the New York city council passed several new lithium battery safety bills including one that requires certification of powered mobility devices, similar to this bill. At the federal level, a pair of bills have been introduced to set nationwide consumer guidelines and standards for lithium ion-batteries, but have not advanced to committee. In San Francisco new fire code legislation took effect on March 8 that required all powered mobility devices be safety-certified for compliance with UL 2849, 2272, EN 15194, 17128, or another standard of an accredited laboratory approved by the fire department. Last year the Legislature passed SB 712 (Portantino, Chapter 630, Statutes of 2023) which allowed landlords to prohibit tenants from charging or storing a personal mobility device if it does not meet with those safety standards. This bill would tackle the same problem by requiring manufacturers to comply with these regulations before offering the devices for sale or distribution in the state.
   

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, “The State Fire Marshal anticipates only minor costs as a result of this bill, despite the requirement the marshal prepare and adopt regulations in the California Fire Code that promote the fire and electrical safety of e-bikes, powered mobility devices and storage batteries. The Legislature should expect not to see a request from the marshal for more resources as result of this bill.”

SUPPORT: (Verified 8/26/24)

Bike LA
California Bicycle Coalition
City of Carlsbad
City of Laguna Niguel
East Bay for Everyone
Everybody's Long Beach
Irvine; City of
Marin County Bicycle Coalition
Pedal Movement
Streets for All (sponsor)
Transportation Authority of Marin
University of California

OPPOSITION: (Verified 8/26/24)

Ebikeaccess.org

ASSEMBLY FLOOR VOTE: 77-0, 8/26/24

Ayes: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

Noes:

No Vote Recorded: Cervantes, Ortega

Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121

8/27/24 12:54:27

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1271

Author:(Min)

As Amended Ver:August 22, 2024

Majority vote

SUMMARY

Prohibits a person from selling, leasing, renting or offering for sale, lease or rent an electric bicycle (e-bike) unless the battery has been tested by an accredited testing laboratory for compliance with certain standards and modifies the definition of an e-bike.

Major Provisions

1. Prohibits, beginning January 1, 2026, the sale, distribution, or leasing of an e-bike unless the battery has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard that the State Fire Marshal has established by rule.
2. Prohibits, beginning January 1, 2026, the distribution, sale, or leasing of a powered mobility device unless the battery has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272.
3. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a storage battery unless it complies with the same set of safety standards as required by this bill for the type of device it is designed to be used with.
4. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a new e-bike, 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 the packaging or documentation provided to the buyer at the time of sale or directly on the device itself.
5. Prohibits, beginning January 1, 2028, offering for rent an e-bike, powered mobility device, or charging system, or storage battery unless the battery has been tested by an accredited testing laboratory for the applicable test standard.
6. Prohibits, beginning January 1, 2028 a person from being required to display the logo, wordmark, label, or name of an accredited testing laboratory if the e-bike, powered mobility device, or storage battery is being rented.
7. Modifies the definition of "e-bike" to clarify that it must have a motor that does not exceed 750 watts.
8. Modifies the definition of a class 1 e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle and that is not capable of providing assistance to reach speeds greater than 20 miles an hour.
9. Modifies the definition of a class 3 e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle.
10. Authorizes a class 1 or class 3 electric bicycles to have a start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.

COMMENTS

In California, the transportation sector is the largest contributor of greenhouse gas (GHG) emissions and is responsible for about 40% of the state's emissions with light-duty passenger vehicles being the single largest contributor. The Legislature has set several goals to reduce GHG emissions and address climate change. The Global Warming Solutions Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006] and subsequent companion legislation SB 32 (Pavley), Chapter 249, Statutes of 2016, requires California to reduce statewide GHG emissions to 40% below the 1990 level by 2030.

Reducing the number of miles that people drive every day can have a significant impact on reducing GHG emissions. California has targeted a 15% reduction in VMT by 2050 as part of its larger strategy to reduce GHG emissions by 80% from 1990 levels by 2050.

E-bikes are an increasingly popular option to reduce personal car trips. According to the US Bureau of Transportation statistics, more than half of all trips in the US are under three miles. According to the University of Oxford study, The Climate Change Mitigation Effects of Daily Active Travel in Cities, choosing to use a bike just once a day can slash an individual's transportation emissions by 67%.

E-bikes are outselling electric cars. According to Kelly Blue Book, 800,000 electric cars were purchased in the United States in 2022. E-bike imports, meanwhile, were 1.1 million.

E-bike battery fires: E-bike and electric scooter battery fires have been prevalent in New York City. According to the publication The City, the Fire Department of New York (FDNY) reported 666 battery-triggered fires from 2019 to 2023, resulting in 28 deaths and 412 injuries. These fires were triggered either through improper charging devices, charging too many batteries at once or uncertified batteries.

San Francisco has also seen an increase of fires related to lithium-ion batteries. From 2020 to November of 2023 San Francisco responded to 90 battery related fires.

Standards adopted by various organizations have been developed to ensure the safety of e-bike batteries. These include the American National Standards Institute (ANSI), UL Standards and Engagement is responsible for developing more than 1,700 voluntary safety standards and is a global testing, inspection and certification company, and European Standards also known as EN standards have been ratified by one of the three European Standards Organizations.

Both New York City and San Francisco have passed city ordinances similar to the language in this bill in order to do what…

New York City's ordinance adopts only a UL standard, while the San Francisco ordinance permits both an EN standard and a UL standard. New York City's ordinance, like this bill, does not require a UL mark for secondhand sales of e-bikes, while San Francisco's ordinance does. Both ordinances also address the charging of the lithium-ion batteries, which has been a large contributing factor to the fires themselves. This bill does not.

In May of 2024 the House of Representatives passed a bill that would direct the Consumer Product Safety Commission to promulgate a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices to protect against the risk of fires. The standard has to include requirements with respect to equipment related to or used with the batteries, including battery chargers, charging cables, external terminals on battery backs and free-standing stations used for recharging.

Definition of an e-bike changes: A variety of motorized devices marketed as electric bicycles have entered the marketplace that are capable of achieving speeds much greater than what is permitted by law. One such motorized device is the Super 73, which has an "off-road mode" that is capable of achieving speeds greater than 28 mph using throttle assist.

According to the Author

"Personal mobility devices, such as e-bikes and electric scooters (e-scooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market."

Arguments in Support

Streets for All and the California Bicycle Coalition, writing in support of this bill, argue "SB 1271''s provision to standardize the classification of e-bicycles, specifically prohibiting the sale of devices capable of switching between Class 1, 2, and 3 as anything less than a Class 3 e-bicycle, is a sensible measure that provides clarity to consumers. It ensures that all e-bicycles capable of achieving speeds up to 28mph are subject to the same rigorous regulatory framework, thereby mitigating the risk of accidents and injuries to riders and pedestrians alike."

SB 1271 clarifies the definition of a class 1 and class 2 e-bike. Class 1 e-bikes are redefined to make it clear they cannot be capable of be exclusively propelling the bicycle (the definition of a class 2 e-bike) and that they cannot be capable of providing assistance to reach speeds greater than 20 miles per hour. Class 3 e-bikes are redefined to be clear that they are not capable of exclusively propelling the bicycle. This would ensure that a class 3 e-bike cannot have class 2 capabilities of having a throttle assist cut off at 20 mph, while having a pedal assist that ceases at 28 mph.

Arguments in Opposition

UL Solutions is opposing this bill, arguing "The American National Standards (ANS) for these products should protect California micromobility users' safety. UL 2849, UL 2272 and UL 2271 were developed through an open, transparent consensus process that requires the participation of a balanced group of stakeholders (no one category of stakeholders can dominate the technical committee process). Moreover, the standards that the U.S. Consumer Product Safety Commission (CPSC) has pointed to as a means to protect U.S. consumers should protect them. In December of 2022, the CPSC's Office of Compliance and Field Operations issued a letter to more than 2,000 micromobility manufacturers and importers to urge them "to ensure that [their] micromobility devices . . . have been designed, manufactured and certified for compliance with the applicable consensus safety standards," which include ANSI/CAN/UL 2272 – Standard for Electrical Systems for Personal E-Mobility Devices and ANSI/CAN/UL 2849 – Standard for Safety for Electrical Systems for eBikes 6 The letter further notes that "[c]onsumers face an unreasonable risk of fire and risk serious injury or death if their micromobility devices do not meet the level of safety provided by the relevant UL Standards….

Unlike EN 62133-2, UL 2271 contains test requirements that cover the mechanical, electrical and environmental conditions and misuse an e-bike battery is likely to encounter during use. EN 62133-2 requires no environmental testing, minimal mechanical testing and many fewer electrical tests as compared to UL 2271.

It also bears noting that e-bikes that meet EN 15194, including the battery requirements, no longer enjoy a presumption of conformity with the EU Machinery Directive (2006/42/EC). The Machinery Directive establishes the requisite level of safety harmonization for all machinery and machinery parts — including light electric vehicles like e-bikes — sold on the European market. In January of 2023, the European Commission acted on objections from the Netherlands, which argued that the requirements in EN 15194 were insufficient to establish safety…

Given the rise in popularity of micromobility devices as a transportation option, there is an urgent need to mitigate the fire and electrical hazards this equipment can pose. We urge California to follow the lead of New York City, whose City Council last year voted to ban from sale, lease or rent micromobility devices not certified to UL 2849 or UL 2272, or in the case of separately sold replacement traction batteries, UL 2271."

FISCAL COMMENTS

According to Assembly Appropriations Committee, "The State Fire Marshal anticipates only minor costs as a result of this bill, despite the requirement the marshal prepare and adopt regulations in the California Fire Code that promote the fire and electrical safety of e-bikes, powered mobility devices and storage batteries. The Legislature should expect not to see a request from the marshal for more resources as result of this bill."

VOTES

SENATE FLOOR: 39-0-1

YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen

ASM TRANSPORTATION: 12-0-3

YES: Wilson, Berman, Juan Carrillo, Hart, Hoover, Jackson, Lowenthal, Papan, Sanchez, Ting, Ward, Wicks

ABS, ABST OR NV: Davies, Aguiar-Curry, Wallis

ASM EMERGENCY MANAGEMENT: 8-0-0

YES: Rodriguez, Davies, Arambula, Bennett, Boerner, Calderon, Wendy Carrillo, Waldron

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta

ABS, ABST OR NV: Villapudua

UPDATED

VERSION: August 22, 2024

CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0004540

SENATE THIRD READING

STR Bill Id:SB 1271

Author:(Min)

As Amended Ver:June 26, 2024

Majority vote

SUMMARY

Prohibits a person from selling, leasing, renting or offering for sale, lease or rent an electric bicycle (e-bike) unless the battery has been tested by an accredited testing laboratory for compliance with certain standards and modifies the definition of an e-bike.

Major Provisions

1. Prohibits, beginning January 1, 2026, the sale, distribution, or leasing of an e-bike unless the battery has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard that the State Fire Marshal has established by rule.
2. Prohibits, beginning January 1, 2026, the distribution, sale, or leasing of a powered mobility device unless the battery has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272.
3. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a storage battery unless it complies with the same set of safety standards as required by this bill for the type of device it is designed to be used with.
4. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a new e-bike, 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 the packaging or documentation provided to the buyer at the time of sale or directly on the device itself.
5. Prohibits, beginning January 1, 2028, offering for rent an e-bike, powered mobility device, or charging system, or storage battery unless the battery has been tested by an accredited testing laboratory for the applicable test standard.
6. Prohibits, beginning January 1, 2028 a person from being required to display the logo, wordmark, label, or name of an accredited testing laboratory if the e-bike, powered mobility device, or storage battery is being rented.
7. Modifies the definition of "e-bike" to clarify that it must have a motor with a continuous rated mechanical power of not more than 750 watts.
8. Modifies the definition of a class one e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle and that is not capable of providing assistance to reach speeds greater than 20 miles an hour.
9. Modifies the definition of a class three e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle.

COMMENTS

In California, the transportation sector is the largest contributor of greenhouse gas (GHG) emissions and is responsible for about 40% of the state's emissions with light-duty passenger vehicles being the single largest contributor. The Legislature has set several goals to reduce GHG emissions and address climate change. The Global Warming Solutions Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006] and subsequent companion legislation SB 32 (Pavley), Chapter 249, Statutes of 2016, requires California to reduce statewide GHG emissions to 40% below the 1990 level by 2030.

Reducing the number of miles that people drive every day can have a significant impact on reducing GHG emissions. California has targeted a 15% reduction in VMT by 2050 as part of its larger strategy to reduce GHG emissions by 80% from 1990 levels by 2050.

E-bikes are an increasingly popular option to reduce personal car trips. According to the US Bureau of Transportation statistics, more than half of all trips in the US are under three miles. According to the University of Oxford study, The Climate Change Mitigation Effects of Daily Active Travel in Cities, choosing to use a bike just once a day can slash an individual's transportation emissions by 67%.  

E-bikes are outselling electric cars. According to Kelly Blue Book, 800,000 electric cars were purchased in the United States in 2022. E-bike imports, meanwhile, were 1.1 million.

E-bike battery fires: E-bike and electric scooter battery fires have been prevalent in New York City. According to the publication The City, the Fire Department of New York (FDNY) reported 666 battery-triggered fires from 2019 to 2023, resulting in 28 deaths and 412 injuries. These fires were triggered either through improper charging devices, charging too many batteries at once or uncertified batteries.

San Francisco has also seen an increase of fires related to lithium-ion batteries. From 2020 to November of 2023 San Francisco responded to 90 battery related fires.

Standards adopted by various organizations have been developed to ensure the safety of e-bike batteries. These include the American National Standards Institute (ANSI), UL Standards and Engagement is responsible for developing more than 1,700 voluntary safety standards and is a global testing, inspection and certification company, and European Standards also known as EN standards have been ratified by one of the three European Standards Organizations.

Both New York City and San Francisco have passed city ordinances similar to the language in this bill in order to do what…

New York City's ordinance adopts only a UL standard, while the San Francisco ordinance permits both an EN standard and a UL standard. New York City's ordinance, like this bill, does not require a UL mark for secondhand sales of e-bikes, while San Francisco's ordinance does. Both ordinances also address the charging of the lithium-ion batteries, which has been a large contributing factor to the fires themselves. This bill does not.

In May of 2024 the House of Representatives passed a bill that would direct the Consumer Product Safety Commission to promulgate a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices to protect against the risk of fires. The standard has to include requirements with respect to equipment related to or used with the batteries, including battery chargers, charging cables, external terminals on battery backs and free-standing stations used for recharging.

Definition of an e-bike changes: A variety of motorized devices marketed as electric bicycles have entered the marketplace that are capable of achieving speeds much greater than what is permitted by law. One such motorized device is the Super 73, which has an "off-road mode" that is capable of achieving speeds greater than 28 mph using throttle assist.

According to the Author

"Personal mobility devices, such as e-bikes and electric scooters (e-scooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market."

Arguments in Support

Streets for All and the California Bicycle Coalition, writing in support of this bill, argue "SB 1271''s provision to standardize the classification of e-bicycles, specifically prohibiting the sale of devices capable of switching between Class 1, 2, and 3 as anything less than a Class 3 e-bicycle, is a sensible measure that provides clarity to consumers. It ensures that all e-bicycles capable of achieving speeds up to 28mph are subject to the same rigorous regulatory framework, thereby mitigating the risk of accidents and injuries to riders and pedestrians alike."

SB 1271 clarifies the definition of a class 1 and class 2 e-bike. Class 1 e-bikes are redefined to make it clear they cannot be capable of be exclusively propelling the bicycle (the definition of a class 2 e-bike) and that they cannot be capable of providing assistance to reach speeds greater than 20 miles per hour. Class 3 e-bikes are redefined to be clear that they are not capable of exclusively propelling the bicycle. This would ensure that a class 3 e-bike cannot have class 2 capabilities of having a throttle assist cut off at 20 mph, while having a pedal assist that ceases at 28 mph.

Arguments in Opposition

UL Solutions is opposing this bill, arguing "The American National Standards (ANS) for these products should protect California micromobility users' safety. UL 2849, UL 2272 and UL 2271 were developed through an open, transparent consensus process that requires the participation of a balanced group of stakeholders (no one category of stakeholders can dominate the technical committee process). Moreover, the standards that the U.S. Consumer Product Safety Commission (CPSC) has pointed to as a means to protect U.S. consumers should protect them. In December of 2022, the CPSC's Office of Compliance and Field Operations issued a letter to more than 2,000 micromobility manufacturers and importers to urge them "to ensure that [their] micromobility devices . . . have been designed, manufactured and certified for compliance with the applicable consensus safety standards," which include ANSI/CAN/UL 2272 – Standard for Electrical Systems for Personal E-Mobility Devices and ANSI/CAN/UL 2849 – Standard for Safety for Electrical Systems for eBikes 6 The letter further notes that "[c]onsumers face an unreasonable risk of fire and risk serious injury or death if their micromobility devices do not meet the level of safety provided by the relevant UL Standards….

Unlike EN 62133-2, UL 2271 contains test requirements that cover the mechanical, electrical and environmental conditions and misuse an e-bike battery is likely to encounter during use. EN 62133-2 requires no environmental testing, minimal mechanical testing and many fewer electrical tests as compared to UL 2271.

It also bears noting that e-bikes that meet EN 15194, including the battery requirements, no longer enjoy a presumption of conformity with the EU Machinery Directive (2006/42/EC). The Machinery Directive establishes the requisite level of safety harmonization for all machinery and machinery parts — including light electric vehicles like e-bikes — sold on the European market. In January of 2023, the European Commission acted on objections from the Netherlands, which argued that the requirements in EN 15194 were insufficient to establish safety…

Given the rise in popularity of micromobility devices as a transportation option, there is an urgent need to mitigate the fire and electrical hazards this equipment can pose. We urge California to follow the lead of New York City, whose City Council last year voted to ban from sale, lease or rent micromobility devices not certified to UL 2849 or UL 2272, or in the case of separately sold replacement traction batteries, UL 2271."

FISCAL COMMENTS

According to Assembly Appropriations Committee, "The State Fire Marshal anticipates only minor costs as a result of this bill, despite the requirement the marshal prepare and adopt regulations in the California Fire Code that promote the fire and electrical safety of e-bikes, powered mobility devices and storage batteries. The Legislature should expect not to see a request from the marshal for more resources as result of this bill."

VOTES

SENATE FLOOR: 39-0-1

YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen

ASM TRANSPORTATION: 12-0-3

YES: Wilson, Berman, Juan Carrillo, Hart, Hoover, Jackson, Lowenthal, Papan, Sanchez, Ting, Ward, Wicks

ABS, ABST OR NV: Davies, Aguiar-Curry, Wallis

ASM EMERGENCY MANAGEMENT: 8-0-0

YES: Rodriguez, Davies, Arambula, Bennett, Boerner, Calderon, Wendy Carrillo, Waldron

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta

ABS, ABST OR NV: Villapudua

UPDATED

VERSION: June 26, 2024

CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0003761

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1271

Author:(Min) – As Amended Ver:June 26, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill prohibits the sale or rental of an electric bicycle (e-bike) or similarly battery-powered mobility device unless battery for the device has been tested by an accredited testing laboratory.

Specifically, this bill, among other things:

1. Requires the State Fire Marshall prepare and adopt regulations in the California Fire Code that promote fire and electrical safety of e-bikes, powered mobility devices and storage batteries.
2. Effective January 1, 2026:
   1. Prohibits a person from any of the following:
      1. Distributing, selling or leasing an e-bike unless the battery has been tested by an accredited testing laboratory consistent with specified standards or with other safety standard established by the office of the State Fire Marshall.
      2. Distributing, selling or leasing a powered mobility device—meaning a motorized scooter, a motorized bicycle, an off-highway motorcycle or any other powered mobility device powered by a lithium ion storage battery, but not meaning a mobility device for use by persons with disabilities, a vehicle powered by an internal combustion engine or a vehicle that must be registered with the Department of Motor Vehicles—unless the powered mobility device has been tested by an accredited testing laboratory for compliance with specified standards.
      3. Distributing, selling or leasing a storage battery unless the storage battery is designed for an e-bike and has been tested by an accredited testing laboratory consistent with specified standards or with other safety standard established by the office of the State Fire Marshall or is designed for a powered mobility device and has been tested by an accredited testing laboratory for compliance with specified standards.
      4. Distributing, selling or leasing an e-bike, powered mobility device, charging system or storage battery unless the logo, wordmark, label or name of an accredited testing laboratory and the applicable certification standard used to show compliance is permanently affixed directly on device.
   2. Requires a charging system advertised, distributed, sold or leased for use with a particular e-bike, powered mobility device or storage battery “be certified” for use with that e-bike, powered mobility device or storage battery. (The bill does not specify the entity that is to certify such a charging system.)
   3. Requires a manufacturer, importer, distributor or retailer of an e-bike, powered mobility device, charging system or storage battery subject to testing by the requirements of this bill to provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory.
3. Effective January 1, 2028, prohibits a person from renting an e-bike, a powered mobility device, a storage battery designed for an e-bike or a powered mobility device, or a charging system for an e-bike, a powered mobility device or a battery storage system unless the e-bike, powered mobility device, storage battery or a charging system complies, generally, with the requirements applicable to the distribution, sale or lease of an e-bike, a powered mobility device, a storage battery or a charging system, described above.
4. Refines existing state law that defines what is, and what is not, an e-bike.

FISCAL EFFECT:

The State Fire Marshal anticipates only minor costs as a result of this bill, despite the requirement the marshal prepare and adopt regulations in the California Fire Code that promote the fire and electrical safety of e-bikes, powered mobility devices and storage batteries. The Legislature should expect not to see a request from the marshal for more resources as result of this bill.

COMMENTS:

1. Purpose. The author hopes this bill will fires being caused by lithium-ion batteries used in electricity-powered mobility devices, like electric scooters and e-bikes. According to the author:

Personal mobility devices, such as e-bikes and electric scooters (escooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market.

1. Background. Mobility devices powered by electricity are extremely popular. As noted in other analyses of this bill, Kelly Bluebook reports that sales in the United States of e-bikes exceeds sales of electric cars. In some cities, app-based rentable escooters and e-bikes are ubiquitous.

However, and unfortunately, such electric devices have been responsible for well-publicized fires. For instance, as reported in the New York Times:

In New York, lithium battery fires have killed 13 people so far this year, including four people in a blaze that started in an e-bike store in Chinatown on Tuesday. A total of 23 people have died in battery fires since 2021. This year, there have been 108 fires so far, compared with 98 fires for the same period last year. (How E-Bike Battery Fires Became a Deadly Crisis in New York City, June 21, 2023.)

This bill is in response to such fires, a number of which have also occurred in California cities, such as San Francisco.

The bill is supported by several organizations, including the University of California, which writes “Uncertified batteries are considered a major risk factor for lithium-ion battery fires. By setting battery testing and bicycle labeling standards, this bill would reduce the risk of fire.”

There is no opposition to this bill.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: June 24, 2024

ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT

Freddie Rodriguez, Chair

SBPCA Bill Id:SB 1271

Author:(Min) – As Amended Ver:June 11, 2024

SENATE VOTE: 39-0

SUBJECT: Electric bicycles, powered mobility devices, and storage batteries

SUMMARY: Prohibits a person from selling, leasing, renting or offering for sale, lease or rent an electric bicycle (e-bike) unless the battery has been tested by an accredited testing laboratory for compliance with certain standards and modifies the definition of an e-bike. Specifically, this bill:

1. Prohibits, beginning January 1, 2026, the sale, distribution, or leasing of an e-bike unless the battery has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard that the State Fire Marshal has established by rule.
2. Prohibits, beginning January 1, 2026, the distribution, sale, or leasing of a powered mobility device unless the battery has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272.
3. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a storage battery unless it complies with the same set of safety standards as required by this bill for the type of device it is designed to be used with.
4. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a new e-bike, 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 the packaging or documentation provided to the buyer at the time of sale or directly on the device itself.
5. Prohibits, beginning January 1, 2028, offering for rent an e-bike, powered mobility device, or storage unless the battery has been tested by an accredited testing laboratory for the applicable test standard.
6. Prohibits, beginning January 1, 2028 a person from being required to display the logo, wordmark, or name of an accredited testing laboratory if the e-bike, powered mobility device, or storage battery is being rented.
7. Requires, beginning January 1, 2026, a manufacturer, importer, distributor, or retailer of an e-bike, powered mobility device, or storage battery subject to testing under this bill to provide a true and accurate copy of the test report for the product issued by the accredited testing laboratory upon request.
8. Modifies the definition of “e-bike” to clarify that it must have a motor with a continuous rated mechanical power of not more than 750 watts.
9. Modifies the definition of a class 1 e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle and that is not capable of providing assistance to reach speeds greater than 20 miles an hour.
10. Modifies the definition of a class 3 e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle.
11. Defines, for the purpose of this legislation:
12. “Accredited testing laboratory” as an independent laboratory accredited by an accreditation body to ISO 17025, 17065, or a nationally recognized testing laboratory;
13. “Electric Bicycle” as a bicycle with electric assistance as defined in the Vehicle Code
14. “Powered mobility device” as a motorized scooter, a motorized bicycle, an off-highway motorcycle, or any other powered mobility device powered by a lithium ion storage battery. This does not include mobility devices for use by persons with disabilities, vehicles powered by an internal combustion engine, or vehicles that must be registered with the Department of Motor Vehicles; and,
15. “Storage battery” as a rechargeable lithium-ion traction battery that supplies the power to a motor for an e-bike or powered mobility device, a battery sold as part of a kit intended to convert a bicycle into an e-bike, or a battery advertised as suitable for use with an e-bike or powered mobility device.
16. Prohibits a vehicle from being advertised, sold or offered for sale or labeled as an electric bicycle if:
17. The vehicle with two or three wheels is 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 a motor power alone or a continuous rated mechanical power of more than 750 watts; and,
18. The vehicle 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.

EXISTING LAW:

1. Defines an e-bike as a bicycle with fully operable pedals and an electric motor of less than 750 watts. Creates three classifications of e-bikes based on the ability for motors to achieve high speeds and replace pedaling. Class 1 and 2 e-bikes have a maximum pedal assist speed of 20 miles per hour (mph), while Class 2 e-bikes can have throttle assistance up to 20 mph. Class 3 e-bikes have a maximum pedal assist of 28 mph. (Vehicle Code (VEH) 312.5)
2. Requires riders of Class 3 e-bikes to be 16 years of age or older and requires riders to wear a helmet regardless of age. Requires Class 3 e-bikes to be equipped with a speedometer. (VEH 34016 and 312.5)
3. Specifies that a person operating an e-bike is not subject to the provisions of the vehicle code related to financial responsibility, driver’s licenses, registration, and license plate requirements, and that e-bikes are not a motor vehicle. (VEH 34016)
4. Prohibits a person from changing the speed capability of the e-bike. (VEH 34016)
5. Defines “bicycle” to include e-bikes. (VEH 231)
6. Permits a transit development board, or a public agency, including the Regents of the University of California and the Trustees of the California State University, to adopt rules or regulations to restrict the use of e-bikes. (VEH 21113)
7. Authorizes local authorities, by ordinance, from regulating the parking and operation of bicycles on pedestrian or bicycle facilities, provided such regulations are not in conflict with the provisions of the vehicle code. (VEH 21206)
8. Requires an operator of a bicycle to obey all the provisions of traffic control devices that are applicable to the driver of a vehicle, except starting in 2024 may proceed through an intersection when the “walk” sign is on or if there is an official traffic control device signal for bicycles. (VEH 21456.2)

Provides that all of the rules of the road apply to bicycles, except those provisions which by their very nature cannot apply to a bicycle. (VEH 21200)

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

COMMENTS:

The rise of e-bikes: In California, the transportation sector is the largest contributor of greenhouse gas (GHG) emissions and is responsible for about 40% of the state’s emissions with light-duty passenger vehicles being the single largest contributor. The Legislature has set several goals to reduce GHG emissions and address climate change. The Global Warming Solutions Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006] and subsequent companion legislation SB 32 (Pavley), Chapter 249, Statutes of 2016, requires California to reduce statewide GHG emissions to 40% below the 1990 level by 2030.

Reducing the number of miles that people drive every day can have a significant impact on reducing GHG emissions. California has targeted a 15% reduction in VMT by 2050 as part of its larger strategy to reduce GHG emissions by 80% from 1990 levels by 2050.

E-bikes are an increasingly popular option to reduce personal car trips. According to the US Bureau of Transportation statistics, more than half of all trips in the US are under three miles. According to the University of Oxford study, The Climate Change Mitigation Effects of Daily Active Travel in Cities, choosing to use a bike just once a day can slash an individual’s transportation emissions by 67%.  

E-bikes are now outselling electric cars: According to Kelly Blue Book, 800,000 electric cars were purchased in the United States in 2022. E-bike imports, meanwhile, were 1.1 million.

According to the author: “Personal mobility devices, such as e-bikes and electric scooters (e-scooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market.”

Equity impact: E-bikes and other micromobility devices like scooters can be an efficient way to get around, and they make using bikes and scooters more accessible for people with varying levels of fitness and disability. Additionally, they are substantially cheaper than buying a car. Being electric and small, they also produce less carbon and pollution. Ensuring there is a competitive market, with a variety of choices, but also a vetted and safe market, increases the accessibility of micromobility choices to the public, including low-income folks seeking an alternative, cost effective mode of transportation, while also protecting people and property from dangerous manufacturing practices.

E-bike battery fires: E-bike and electric scooter battery fires have been prevalent in New York City. According to the publication The City, the Fire Department of New York (FDNY) reported 666 battery-triggered fires from 2019 to 2023, resulting in 28 deaths and 412 injuries. These fires were triggered either through improper charging devices, charging too many batteries at once or the use of uncertified batteries. The City and County of San Francisco has also seen an increase of fires related to lithium-ion batteries. From 2020 to November of 2023 the San Francisco Fire Department responded to 90 battery related fires.

Safety standards: Standards adopted by various organizations have been developed to ensure the safety of e-bikes. In the US, there are two major organizations which develop and oversee safety standards, ANSI and UL: ANSI stands for American National Standards Institute is a nonprofit association established in the early 1900s. ANSI is focused on ensuring products are built to a certain standard to ensure it functions properly and has a certain longevity. UL stands for Underwrites Laboratories and is a successful science safety company which went public this April with an initial offering of $946 million. UL Enterprise composed of three sub-organization, including UL Solutions, who is opposed to this bill unless amended. UL focuses on safety standards for products regarding electrical, fire, and related safety concerns. UL is accredited through ANSI, has developed more than 1,700 voluntary safety standards, and is also a global testing, inspection and certification company. These organizations can also collaborate to set and recognize unified standards, which can be denoted as “ANSI/UL” or “ANSI/CAN/UL” when a third organization, Controller Area Network, is also a participant. There are also European Standards, or “EN” standards, which have been ratified by one of the three European Standards Organizations.

EN standards are regulated by the European Agency for Safety and Health at Work (essentially, the EU equivalent of OSHA) Machinery Directive. As of January of 2023, EN 15194 lost its status of ‘presumed conformity’ with the EU Machinery Directive (2006/42/EC), which sets uniform standards for machine-type products sold across the EU. Functionally, the EN standard can continued to be used until a replacement is published in the Official Journal of the European Union. New standards which take into account more of the road and temperature hazards faced by e-bike riders are in process.

The sponsors of this bill, Streets for All, argue that previously reported battery fires in New York and San Francisco were not caused by micromobility devices or batteries which met EN criteria, and therefore it would be unnecessarily restrictive to the market to disallow the sale or rental of devices that are EN certified.

Federal action: In May of 2024 the US House of Representatives passed, with broad bipartisan support, HR 1797, which would direct the Consumer Product Safety Commission to promulgate a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices to protect against the risk of fires. The standard has to include requirements with respect to equipment related to or used with the batteries, including battery chargers, charging cables, external terminals on battery backs and free-standing stations used for recharging. The bill is now pending in the Senate Committee on Commerce, Science, and Transportation.

Standards used in existing city ordinances: Both New York City and San Francisco have passed city ordinances similar to the language in this bill, mandating safety guardrails for micromobility devices and batteries. New York City’s ordinance adopts only a UL standard, while the San Francisco ordinance permits both an EN standard and a UL standard. New York City’s ordinance, like this bill, does not require a UL mark for secondhand sales of e-bikes, while San Francisco’s ordinance does. Both ordinances also address the charging of the lithium-ion batteries, which has been a large contributing factor to the fires themselves. This bill does not.

On the classes and definitions of e-bikes: A variety of motorized devices marketed as electric bicycles have entered the marketplace that are capable of achieving speeds much greater than what is permitted by law. One such motorized device is the Super 73, which has an “off-road mode” that is capable of achieving speeds greater than 28 mph using throttle assist.

Streets for All and the California Bicycle Coalition, writing in support of this bill, argue “SB 1271’'s provision to standardize the classification of e-bicycles, specifically prohibiting the sale of devices capable of switching between Class 1, 2, and 3 as anything less than a Class 3 e-bicycle, is a sensible measure that provides clarity to consumers. It ensures that all e-bicycles capable of achieving speeds up to 28mph are subject to the same rigorous regulatory framework, thereby mitigating the risk of accidents and injuries to riders and pedestrians alike.”

SB 1271 clarifies the definition of a class 1 and class 2 e-bike. Class 1 e-bikes are redefined to make it clear they cannot be capable of be exclusively propelling the bicycle (the definition of a class 2 e-bike) and that they cannot be capable of providing assistance to reach speeds greater than 20 miles per hour. Class 3 e-bikes are redefined to be clear that they are not capable of exclusively propelling the bicycle. This would ensure that a class 3 e-bike cannot have class 2 capabilities of having a throttle assist cut off at 20 mph, while having a pedal assist that ceases at 28 mph.

Recommended Amends: The committee, in consultation with the author’s office, recommends the following amends to the bill:

1. Add definitions for ‘certification’, ‘charging systems’, ‘complete electrical system’, and ‘nationally recognized testing laboratory’.
2. Permit the State Fire Marshal to adopt a standard and direct the State Fire Marshal to prepare and adopt regulations into the Fire Code.
3. Add safety requirements for chargers sold or rented separately.
4. Require the certification mark to be permanently affixed directly to the product for sale.
5. Clarify that if a product meets the described definition of an electric bicycle, it is subject to these requirements regardless of what it is marketed as.

The amended portions of the bill will read as follows:

In Section 26300:

(b) “Certification” means the attestation by an accredited testing laboratory that the equipment, device, or product has been evaluated and tested and found to conform to the standards specified in this chapter.

(c) “Charging system” means dedicated chargers used for charging an electric bicycle, a powered mobility device, or storage batteries that are either in place or removed from electric bicycles or powered mobility devices for charging.

(d) “Complete electrical system” means all electric components of an electric bicycle or powered mobility device, including, but not limited to, drive units, batteries, battery management systems, interconnected wiring, charging systems, and power inlets.

(b)(e) (1) “Electric bicycle” means a bicycle with electric assistance as defined in Section 312.5 of the Vehicle Code.

(2) Devices advertised as “e-bikes,” “e-bicycles,” “electric bikes,” or other variations that are substantially similar to an electric bicycle are subject to the same standards as an electric bicycle.

(f) “Nationally recognized testing laboratory” (NRTL) means an organization that meets the qualifications provided in Section 1910(b) of Title 29 of the Code of Federal Regulations and is recognized as an NRTL by the United States Department of Labor, Occupational Safety and Health Administration’s (OSHA) Nationally Recognized Testing Laboratory Program.

(e) “Stock keeping unit” means each group of items offered for sale of the same brand name, quantity of contents, retail price, and variety.

Insert a new Section 26301:

26301. The State Fire Marshal shall prepare and adopt regulations in the California Fire Code (Part 9 of Title 24 of the California Code of Regulations) in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) that promote the fire and electrical safety of electric bicycles, powered mobility devices, and storage batteries

In what becomes Section 26302:

(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. 2271 or other safety standard for electric bicycles as the office has established by rule.

(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 2271 or EN 15194 2271, EN 15194, or other safety standard as the office 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. 2849, EN 15194, or other safety standard as the office has established by rule.

(d)  Charging systems advertised, distributed, sold, leased, or offered for sale or lease for use with a particular electric bicycle, powered mobility device, or storage battery shall be certified for use with that electric bicycle, powered mobility device, or storage battery.

(d) (e)  (1)  A person shall not distribute, sell, lease, or offer for sale or lease an electric bicycle, powered mobility device, charging system, or storage battery unless the logo, wordmark, label, or name of an accredited testing laboratory and the applicable test standard used to show compliance is displayed on either of the following: testing laboratory and the applicable certification standard used to show compliance is permanently affixed directly on the electric bicycle or its electrical system, the powered mobility device, the charging system, or the battery of the electric bicycle or powered mobility device.

(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, label, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, charging system, or storage battery is being sold or leased secondhand.

In what becomes Section 26303:

26303. (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 standard referenced in ANSI/CAN/UL 2849 or 2849, EN 15194, or other safety standard for electric bicycles the office has established by rule.

(b)  A person shall not rent or offer for rental an electric bicycle charging system unless the charging system has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard for electric bicycle charging systems the office has established by rule, and, if it is being rented for use with a specific electric bicycle, it is certified for use with that electric bicycle’s battery.

(d)  A person shall not rent or offer for rental a powered mobility device charging system unless the charging system has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272 and, if it is being rented for use with a specific powered mobility device, it is certified for use with that powered mobility device’s battery.

(c) (e) 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 2271 or EN 15194 2271, EN 15194 or other safety standard as the office 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. 2849, EN 15194, or other safety standard as the office has established by rule.

(f)  A person shall not rent or offer for rental a storage battery charging system unless the charging system has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271, EN 15194 or 15195, or other safety standard for storage battery charging systems the office has established by rule and, if it is being rented for use with a specific storage battery, it is certified for use with that storage battery.

(d) (g) A person shall not be required to display the logo, wordmark, label, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, or storage battery is being rented.

In what becomes Section 26304:

 26303. 26304. A manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, or storage battery subject to testing under this chapter shall provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory.

Double referral: This bill was passed out of the Assembly Committee on Transportation before being considered by this committee.

Related legislation: AB 1773 (Dixon) of 2024 would authorize local governments to prohibit or regulate the use of an e-bike on a bicycle path along a board walk. That bill’s hearing was canceled at the request of the author in this committee.

AB 1774 (Dixon) of 2024 would prohibit the sale of a device that makes it someone can increase the speed of an e-bike beyond the speed permitted by law (28 mph). That bill is pending before Senate Appropriations Committee.

AB 1778 (Connolly) of 2024 establishes the Marin Electric Bicycle Safety Pilot Program allowing Marin county or local authorities to prohibit a person under 16 years of age from operating a class 2 electric bicycle and to prohibit a person of any age from operating a class 2 electric bicycle without a helmet until January 1, 2029. This bill requires a report of the safety impact of this program by January 1, 2028. That bill is pending before the Senate Floor.

AB 2234 (Boerner of 2024) would prohibit a person under 12 years old from riding a class 1 or 2 e-bike, would require e-bike riders to have a state issued ID, and require e-bike riders to either have a driver’s license or pass an e-bike safety course. That bill is pending before Senate Appropriations Committee.

SB 381 (Min), Chapter 869, Statutes of 2023 requires the Mineta Transportation Institute at San Jose State University, in consultation with relevant stakeholders, to conduct a study on electric bicycles and the safety of riders and pedestrians by January 1, 2026.

AB1909 (Friedman), Chapter 343, Statutes of 2022 removed the authority for local governments to prohibit electric bicycles on bicycle paths or lanes.

AB 1946 (Boerner), Chapter 147, Statutes of 2022 required the California Highway Patrol to develop statewide safety and training programs based on evidence-based practices for uses of e-bikes.

AB 1096 (Chiu), Chapter 568, Statutes of 2015 established the definitions, classification, and requirements for the operation, sale, and manufacturing of e-bikes.

REGISTERED SUPPORT / OPPOSITION:

Support

Bike LA
California Bicycle Coalition
City of Laguna Niguel
East Bay for Everyone
Everybody's Long Beach
Irvine; City of
Marin County Bicycle Coalition
Pedal Movement
Streets for All (Sponsor)
Transportation Authority of Marin
University of California

Opposition

Ebikeaccess.org (unless amended)
UL Solutions (unless amended)

Other

National Bicycle Dealers Association

Analysis Prepared by: Sarina Patel / E.M. / (916) 319-3802

Date of Hearing: June 17, 2024

ASSEMBLY COMMITTEE ON TRANSPORTATION

Lori D. Wilson, Chair

SBPCA Bill Id:SB 1271

Author:(Min) – As Amended Ver:June 11, 2024

SENATE VOTE:

SUBJECT: E-bikes, powered mobility devices, and storage batteries.

SUMMARY: Prohibits a person from selling, leasing, renting or offering for sale, lease or rent an electric bicycle (e-bike) unless the battery has been tested by an accredited testing laboratory for compliance with certain standards and modifies the definition of an e-bike. Specifically, this bill:

1. Prohibits, beginning January 1, 2026, the sale, distribution, or leasing of an e-bike unless the battery has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard that the State Fire Marshal has established by rule.
2. Prohibits, beginning January 1, 2026, the distribution, sale, or leasing of a powered mobility device unless the battery has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272.
3. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a storage battery unless it complies with the same set of safety standards as required by this bill for the type of device it is designed to be used with.
4. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a new e-bike, 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 the packaging or documentation provided to the buyer at the time of sale or directly on the device itself.
5. Prohibits, beginning January 1, 2028, offering for rent an e-bike, powered mobility device, or storage unless the battery has been tested by an accredited testing laboratory for the applicable test standard.
6. Prohibits, beginning January 1, 2028 a person from being required to display the logo, wordmark, or name of an accredited testing laboratory if the e-bike, powered mobility device, or storage battery is being rented.
7. Requires, beginning January 1, 2026, a manufacturer, importer, distributor, or retailer of an e-bike, powered mobility device, or storage battery subject to testing under this bill to provide a true and accurate copy of the test report for the product issued by the accredited testing laboratory upon request.
8. Modifies the definition of “e-bike” to clarify that it must have a motor with a continuous rated mechanical power of not more than 750 watts.
9. Modifies the definition of a class 1 e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle and that is not capable of providing assistance to reach speeds greater than 20 miles an hour.
10. Modifies the definition of a class 3 e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle.
11. Defines, for the purpose of this legislation:
12. “Accredited testing laboratory” as an independent laboratory accredited by an accreditation body to ISO 17025, 17065, or a nationally recognized testing laboratory;
13. “Powered mobility device” as a motorized scooter, a motorized bicycle, an off-highway motorcycle, or any other powered mobility device powered by a lithium ion storage battery. This does not include mobility devices for use by persons with disabilities or vehicles powered by an internal combustion engine; and,
14. “Storage battery” as a rechargeable lithium-ion traction battery that supplies the power to a motor for an e-bike or powered mobility device, a battery sold as part of a kit intended to convert a bicycle into an e-bike, or a battery advertised as suitable for use with an e-bike or powered mobility device.
15. Prohibits a vehicle from being advertised, sold or offered for sale or labeled as an electric bicycle if:
16. The vehicle with two or three wheels is 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 a motor power alone or a continuous rated mechanical power of more than 750 watts; and,
17. The vehicle 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.

EXISTING LAW:

1. Defines an e-bike as a bicycle with fully operable pedals and an electric motor of less than 750 watts. Creates three classifications of e-bikes based on the ability for motors to achieve high speeds and replace pedaling. Class 1 and 2 e-bikes have a maximum pedal assist speed of 20 miles per hour (mph), while Class 2 e-bikes can have throttle assistance up to 20 mph. Class 3 e-bikes have a maximum pedal assist of 28 mph. (Vehicle Code (VEH) 312.5)
2. Requires riders of Class 3 e-bikes to be 16 years of age or older and requires riders to wear a helmet regardless of age. Requires Class 3 e-bikes to be equipped with a speedometer. (VEH 34016 and 312.5)
3. Specifies that a person operating an e-bike is not subject to the provisions of the vehicle code related to financial responsibility, driver’s licenses, registration, and license plate requirements, and that e-bikes are not a motor vehicle. (VEH 34016)
4. Prohibits a person from changing the speed capability of the e-bike. (VEH 34016)
5. Defines “bicycle” to include e-bikes. (VEH 231)
6. Permits a transit development board, or a public agency, including the Regents of the University of California and the Trustees of the California State University, to adopt rules or regulations to restrict the use of e-bikes. (VEH 21113)
7. Authorizes local authorities, by ordinance, from regulating the parking and operation of bicycles on pedestrian or bicycle facilities, provided such regulations are not in conflict with the provisions of the vehicle code. (VEH 21206)
8. Requires an operator of a bicycle to obey all the provisions of traffic control devices that are applicable to the driver of a vehicle, except starting in 2024 may proceed through an intersection when the “walk” sign is on or if there is an official traffic control device signal for bicycles. (VEH 21456.2)
9. Provides that all of the rules of the road apply to bicycles, except those provisions which by their very nature cannot apply to a bicycle. (VEH 21200)

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

COMMENTS:

In California, the transportation sector is the largest contributor of greenhouse gas (GHG) emissions and is responsible for about 40% of the state’s emissions with light-duty passenger vehicles being the single largest contributor. The Legislature has set several goals to reduce GHG emissions and address climate change. The Global Warming Solutions Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006] and subsequent companion legislation SB 32 (Pavley), Chapter 249, Statutes of 2016, requires California to reduce statewide GHG emissions to 40% below the 1990 level by 2030.

Reducing the number of miles that people drive every day can have a significant impact on reducing GHG emissions. California has targeted a 15% reduction in VMT by 2050 as part of its larger strategy to reduce GHG emissions by 80% from 1990 levels by 2050.

E-bikes are an increasingly popular option to reduce personal car trips. According to the US Bureau of Transportation statistics, more than half of all trips in the US are under three miles. According to the University of Oxford study, The Climate Change Mitigation Effects of Daily Active Travel in Cities, choosing to use a bike just once a day can slash an individual’s transportation emissions by 67%.  

E-bikes are outselling electric cars. According to Kelly Blue Book, 800,000 electric cars were purchased in the United States in 2022. E-bike imports, meanwhile, were 1.1 million.

According to the author, “Personal mobility devices, such as e-bikes and electric scooters (e-scooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market.”

E-bike battery fires: E-bike and electric scooter battery fires have been prevalent in New York City. According to the publication The City, the Fire Department of New York (FDNY) reported 666 battery-triggered fires from 2019 to 2023, resulting in 28 deaths and 412 injuries. These fires were triggered either through improper charging devices, charging too many batteries at once or uncertified batteries.

San Francisco has also seen an increase of fires related to lithium-ion batteries. From 2020 to November of 2023 San Francisco responded to 90 battery related fires.

Standards adopted by various organizations have been developed to ensure the safety of e-bike batteries. These include the American National Standards Institute (ANSI), UL Standards and Engagement is responsible for developing more than 1,700 voluntary safety standards and is a global testing, inspection and certification company, and European Standards also known as EN standards have been ratified by one of the three European Standards Organizations.

Both New York City and San Francisco have passed city ordinances similar to the language in this bill in order to do what…

New York City’s ordinance adopts only a UL standard, while the San Francisco ordinance permits both an EN standard and a UL standard. New York City’s ordinance, like this bill, does not require a UL mark for secondhand sales of e-bikes, while San Francisco’s ordinance does. Both ordinances also address the charging of the lithium-ion batteries, which has been a large contributing factor to the fires themselves. This bill does not.

UL Solutions is opposing this bill, arguing “The American National Standards (ANS) for these products should protect California micromobility users’ safety. UL 2849, UL 2272 and UL 2271 were developed through an open, transparent consensus process that requires the participation of a balanced group of stakeholders (no one category of stakeholders can dominate the technical committee process). Moreover, the standards that the U.S. Consumer Product Safety Commission (CPSC) has pointed to as a means to protect U.S. consumers should protect them. In December of 2022, the CPSC’s Office of Compliance and Field Operations issued a letter to more than 2,000 micromobility manufacturers and importers to urge them “to ensure that [their] micromobility devices . . . have been designed, manufactured and certified for compliance with the applicable consensus safety standards,” which include ANSI/CAN/UL 2272 – Standard for Electrical Systems for Personal E-Mobility Devices and ANSI/CAN/UL 2849 – Standard for Safety for Electrical Systems for eBikes 6 The letter further notes that “[c]onsumers face an unreasonable risk of fire and risk serious injury or death if their micromobility devices do not meet the level of safety provided by the relevant UL Standards….

Unlike EN 62133-2, UL 2271 contains test requirements that cover the mechanical, electrical and environmental conditions and misuse an e-bike battery is likely to encounter during use. EN 62133-2 requires no environmental testing, minimal mechanical testing and many fewer electrical tests as compared to UL 2271.

It also bears noting that e-bikes that meet EN 15194, including the battery requirements, no longer enjoy a presumption of conformity with the EU Machinery Directive (2006/42/EC). The Machinery Directive establishes the requisite level of safety harmonization for all machinery and machinery parts — including light electric vehicles like e-bikes — sold on the European market. In January of 2023, the European Commission acted on objections from the Netherlands, which argued that the requirements in EN 15194 were insufficient to establish safety…

Given the rise in popularity of micromobility devices as a transportation option, there is an urgent need to mitigate the fire and electrical hazards this equipment can pose. We urge California to follow the lead of New York City, whose City Council last year voted to ban from sale, lease or rent micromobility devices not certified to UL 2849 or UL 2272, or in the case of separately sold replacement traction batteries, UL 2271.”

In May of 2024 the House of Representatives passed a bill that would direct the Consumer Product Safety Commission to promulgate a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices to protect against the risk of fires. The standard has to include requirements with respect to equipment related to or used with the batteries, including battery chargers, charging cables, external terminals on battery backs and free-standing stations used for recharging.

Definition of an e-bike changes: A variety of motorized devices marketed as electric bicycles have entered the marketplace that are capable of achieving speeds much greater than what is permitted by law. One such motorized device is the Super 73, which has an “off-road mode” that is capable of achieving speeds greater than 28 mph using throttle assist.

Streets for All and the California Bicycle Coalition, writing in support of this bill, argue “SB 1271’'s provision to standardize the classification of e-bicycles, specifically prohibiting the sale of devices capable of switching between Class 1, 2, and 3 as anything less than a Class 3 e-bicycle, is a sensible measure that provides clarity to consumers. It ensures that all e-bicycles capable of achieving speeds up to 28mph are subject to the same rigorous regulatory framework, thereby mitigating the risk of accidents and injuries to riders and pedestrians alike.”

SB 1271 clarifies the definition of a class 1 and class 2 e-bike. Class 1 e-bikes are redefined to make it clear they cannot be capable of be exclusively propelling the bicycle (the definition of a class 2 e-bike) and that they cannot be capable of providing assistance to reach speeds greater than 20 miles per hour. Class 3 e-bikes are redefined to be clear that they are not capable of exclusively propelling the bicycle. This would ensure that a class 3 e-bike cannot have class 2 capabilities of having a throttle assist cut off at 20 mph, while having a pedal assist that ceases at 28 mph.

Committee concerns: The EN standard for certifying batteries may not be appropriate for mobility devices. Several European countries, including the United Kingdom, have modified the standard as it still imposed risk of extreme temperatures. The author’s office may wish to continue to work with fire departments and the State Fire Marshall to determine what is the most appropriate standard for micromobility devices lithium-ion batteries.

A large percentage of the fires caused by micromobility devices are from misuse of chargers, either by charging too many devices at once or from using an incorrect charger. The author’s office may want to consider mirroring the New York and San Francisco ordinances as they relate to chargers for the devices.

Related legislation: AB 1773 (Dixon) of 2024 would authorize local governments to prohibit or regulate the use of an e-bike on a bicycle path along a board walk. That bill’s hearing was canceled at the request of the author in this committee.

AB 1774 (Dixon) of 2024 would prohibit the sale of a device that makes it someone can increase the speed of an e-bike beyond the speed permitted by law (28 mph). That bill is pending before Senate Appropriations Committee.

AB 1778 (Connolly) of 2024 establishes the Marin Electric Bicycle Safety Pilot Program allowing Marin county or local authorities to prohibit a person under 16 years of age from operating a class 2 electric bicycle and to prohibit a person of any age from operating a class 2 electric bicycle without a helmet until January 1, 2029. This bill requires a report of the safety impact of this program by January 1, 2028. That bill is pending before the Senate Floor.

AB 2234 (Boerner of 2024) would prohibit a person under 12 years old from riding a class 1 or 2 e-bike, would require e-bike riders to have a state issued ID, and require e-bike riders to either have a driver’s license or pass an e-bike safety course. That bill is pending before Senate Appropriations Committee.

SB 381 (Min), Chapter 869, Statutes of 2023 requires the Mineta Transportation Institute at San Jose State University, in consultation with relevant stakeholders, to conduct a study on electric bicycles and the safety of riders and pedestrians by January 1, 2026.

AB1909 (Friedman), Chapter 343, Statutes of 2022 removed the authority for local governments to prohibit electric bicycles on bicycle paths or lanes.

AB 1946 (Boerner), Chapter 147, Statutes of 2022 required the California Highway Patrol to develop statewide safety and training programs based on evidence-based practices for uses of e-bikes.

AB 1096 (Chiu), Chapter 568, Statutes of 2015 established the definitions, classification, and requirements for the operation, sale, and manufacturing of e-bikes.

REGISTERED SUPPORT / OPPOSITION:

Support

Bike LA
California Bicycle Coalition

City of Irvine
East Bay for Everyone
Everybody's Long Beach
Marin County Bicycle Coalition
Pedal Movement
Streets for All

University of California

Opposition

UI Solutions (unless amended)

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093

 THIRD READING  

Bill No: SB 1271

Author: Min (D)

Amended: 4/24/24

Vote: 21

SENATE TRANSPORTATION COMMITTEE: 13-0, 4/9/24

AYES: Cortese, Allen, Archuleta, Becker, Blakespear, Dodd, Gonzalez, Limón, Newman, Nguyen, Portantino, Seyarto, Umberg

NO VOTE RECORDED: Niello, Dahle

SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/23/24

AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Electric bicycles, powered mobility devices, and storage batteries

SOURCE: Streets for All

DIGEST:

This bill requires, beginning January 1, 2026, electric bicycle, powered mobility device, or storage battery manufacturers or distributors to test said devices by an accredited testing laboratory for compliance with safety standards. This bill requires by January 1, 2028, similar testing for those who rent these devices. This bill also revises the definitions of class 1 and class 3 electric bicycles.

ANALYSIS:

Existing law:

1. Defines an “electric bicycle” as a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of no more than 750 watts. (VEH §312.5)
2. Defines three classes of electric bicycles:
   1. Class 1 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 a speed of 20 mph;
   2. Class 2 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 a speed of 20mph;
   3. Class 3 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 a speed of 28mph, and that is equipped with a speedometer.
3. Requires a rider of an electric bicycle to follow all the rules of the road of a non-electric bicycle.
4. Prohibits the operation of a class 3 electric bicycle by anyone under the age of 16. Prohibits the operation of a class 3 electric bicycle unless the rider is wearing a properly fitted and fastened bicycle helmet. (VEH §21213)
5. Requires manufacturers and distributes of electric bicycles to apply a permanently affixed label to the bicycle that contains the classification number, top assisted speed, and motor wattage of the electric bicycle. (VEH §24106)
6. Prohibits a person from changing the speed capability of an electric bicycle unless they appropriately replace the label indicating the classification.
7. Establishes the State Fire Marshal (SFM), within the Department of Forestry and Fire Protection (Cal FIRE), and requires the SFM to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness.

This bill:

1. Defines, for the purpose of this legislation:
   1. “Accredited testing laboratory” as an independent laboratory accredited by an accreditation body to ISO 17025, 17065, or a Nationally Recognized Testing Laboratory
   2. “Powered mobility device” as a motorized scooter, a motorized bicycle, an off-highway motorcycle, or any other powered mobility device powered by a lithium ion storage battery. This does not include mobility devices for use by persons with disabilities or vehicles powered by an internal combustion engine.
   3. “Storage battery” as a rechargeable lithium-ion traction battery that supplies the power to a motor for an electric bicycle or powered mobility device, a battery sold as part of a kit intended to convert a bicycle into an electric bicycle, or a battery advertised as suitable for use with an electric bicycle or powered mobility device.
2. Prohibits, beginning January 1, 2026, the sale, distribution, or leasing of an electric bicycle unless the battery has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard that the State Fire Marshal has established by rule.
3. Prohibits, beginning January 1, 2026, the distribution, sale, or leasing of a powered mobility device unless the battery has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272
4. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a storage battery unless it complies with the same set of safety standards as required by this bill for the type of device it is designed to be used with.
5. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a new 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 the packaging or documentation provided to the buyer at the time of sale or directly on the device itself.
6. Prohibits, beginning January 1, 2028, offering for rent an electric bicycle, powered mobility device, or storage unless the battery has been tested by an accredited testing laboratory for the applicable test standard.
7. Prohibits, beginning January 1, 2028 a person from being 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.
8. Requires, beginning January 1, 2026, a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, or storage battery subject to testing under this bill to provide a true and accurate copy of the test report for the product issued by the accredited testing laboratory upon request.
9. Modifies the definition of “electric bicycle” to clarify that it must have a motor with a continuous rated mechanical power of not more than 750 watts.
10. Modifies the definition of a class 1 e-bike to specify that the motor shall not be capable of excluding the bicycle and that is not capable of providing assistance to reach speeds greater than 20 miles an hour.
11. Modifies the definition of a class 3 e-bike to specify that the motor shall not be capable of exclusively propelling the bicycle.

Comments

1. Purpose of bill. According to the author “personal mobility devices, such as e-bikes and electric scooters (e-scooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market. SB 1271 will enhance the safety and regulatory compliance of e-bikes and e-scooters by requiring all e-bicycles and e-scooters to be manufactured with batteries that meet the stringent standards of the European Union and Underwriters Laboratories. The bill represents a crucial step towards ensuring the safety of both users and the general public.”
2. Electric bicycle classifications. Electric bicycles (e-bikes) are effectively regular bicycles that include an electric motor and battery capable of assisting or replacing human power while riding the bicycle. In 2015 the legislature passed AB 1096 (Chiu, Chapter 568, Statutes of 2015) which created the current classification system for e-bikes in the state in order to distinguish them from motorized bicycles and allow e-bikes to access regular bike trails and paths. Since the passage of that bill e-bike usage has become even more popular. E-bike sales grew 145% from 2019 to 2020, more than double the rate of classic bikes, according to the market research firm NPD Group.

Class one e-bikes are pedal-assist only, with no throttle, and have a maximum assisted speed of 20 mph. Class two e-bikes also have a maximum speed of 20 mph, but are throttle-assisted and do not necessarily need the rider to pedal. Class three e-bikes are pedal-assist only, with no throttle, and a maximum assisted speed of 28 mph. Class 1 and Class 2 e-bikes generally follow the same rules and restrictions as a standard bicycle, including the requirement that any cyclist younger than 18 years old must wear a bicycle helmet. Because class 3 e-bikes are capable of reaching even higher speeds they have further limitations that a rider must be 16 years old, or older, and must wear a helmet regardless of age. Because it is difficult for an individual to determine what class an e-bike is with a simple visual inspection, statute requires e-bike manufacturers and distributers to label them with their class, top assisted speed, and motor wattage.

1. Switchable bikes. Some manufacturers developed e-bike that are able to “switch” between modes, moving from a slower throttle mode (class 2), to a faster pedal assist mode (class 3). Such devices, technically, are not e-bikes. They are not class 3 e-bikes because their motor is capable of providing assistance even when the bicycle is not pedaling. They are not class 2 e-bikes because the motor is capable of providing assistance at speeds above 20 mph. As such they do not actually meet the legal definition of an e-bike and instead are motorized bicycles. They also may cause confusion as class 2 e-bikes follow different rules of the road than class 3 e-bikes and a parent might buy a “switchable” bike advertised as class 2 for their child and not realize its illegal for them to operate the device as it can switch into a mode capable of reaching 28 mph. This bill attempts to protect consumers by modifying the definition of e-bikes to clarify what class, if any, such switching e-bikes should be classified as.
2. Lithium ion battery fires. Lithium ion batteries are one of the most common rechargeable battery chemistries used today, found in everything from mobile phones to electric vehicles. Although more expensive than their lead-acid equivalents, lithium-ion batteries are significantly lighter and have better lifespans. Lithium batteries are made from tiny packs of a flammable chemical liquid tightly grouped together in a compartment. The more electricity needed from the battery the higher the number of cells and the greater amount of fuel in the event of a failure. If lithium batteries are damaged, poorly designed, or improperly charged they can overheat eventually resulting in “thermal runaway”. This occurs when one of the cells of the battery catches fire and then spreads to other cells in the battery creating an aggressive fire that spreads rapidly, can reignite, and is challenging to extinguish. The thermal runaway can also result in the creation flammable gas within the battery which can build up and create an explosion.

As consumer electronics and electric vehicles become ubiquitous, lithium ion battery fires will likely become more common. The specific number is challenging to pin down because the National Fire Incident Reporting System hasn’t historically separated out that type of data. However in cities and other areas where electric vehicles and micromobility devices are being more rapidly adopted, reports of lithium-ion battery fires have been increasing. According to data obtained by CBS news, between 2019 and 2023 the San Francisco Fire Department has recorded 174 lithium ion battery fires and have seen a steady increase in the number of incidents nearly every year. Thankfully there have been no deaths yet, but there have been several injuries. Results are worse in New York City which reported nearly 500 lithium battery fires in that time period that have injured more than 300 people and killed 19 people in New York City since 2019.

Not all of these fires can be directly linked to e-bikes or powered mobility devices, but several of them can be. The batteries for these devices are larger than in most consumer devices, creating more risk. They are also exposed to rougher conditions during their normal use increasing the possibility of damage. However, according to a CBS news story, experts say much of the problem stems from unregulated aftermarket chargers that are not required to be certified causing overcharged batteries to malfunction and combust.

1. Actions taken in other jurisdictions. This uptick in lithium ion fires has not gone unnoticed. In response to a deadly fire started in an e-bike store, the New York city council passed several new lithium battery safety bills including one that requires certification of powered mobility devices, similar to this bill. At the federal level a pair of bills have been introduced to set nationwide consumer guidelines and standards for lithium ion-batteries, but have not advanced to committee. In San Francisco new fire code legislation took effect on March 8 that required all powered mobility devices be safety-certified for compliance with UL 2849, 2272, EN 15194, 17128, or another standard of an accredited laboratory approved by the fire department. Last year the Legislature passed SB 712 (Portantino, Chapter 630, Statutes of 2023) which allowed landlords to prohibit tenants from charging or storing a personal mobility device if it does not meet with those safety standards. This bill would tackle the same problem by requiring manufacturers to comply with these regulations before offering the devices for sale or distribution in the state.
2. Are these the right standards? While the lithium-ion battery in mobility devices is the cause of the fire, assessing the status of the battery alone may not be enough to ensure safety. These batteries are incorporated into electrical systems in the device that may also be unsafely designed such that the battery catches fire even though the battery was correctly made. Rather than focusing solely on the battery the author may wish to consider requiring testing and certification for the whole electrical system in these devices to ensure they remain robust during regular use and exposure to the elements. The author may wish to work with the State Fire Marshal in order to assess what the correct standards are to ensure battery safety.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 5/13/24)

Streets for All (source)

Bike LA
California Bicycle Coalition
East Bay for Everyone
Everybody's Long Beach
Irvine; City of
Marin County Bicycle Coalition
Pedal Movement

OPPOSITION: (Verified 5/13/24)

Ebikeaccess.org

Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121

5/14/24 11:56:10

**** END ****

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: 4/23/2024

SUBJECT:

DIGEST: This bill requires, beginning January 1, 2026, an electric bicycle (e-bike), powered mobility device, or storage battery manufacturers or distributors to test said devices by an accredited testing laboratory for compliance with safety standards. Additionally, this bill requires, by January 1, 2028, similar testing for those who rent these devices, and revises the definitions of class 1 and class 3 e-bikes, as specified.

ANALYSIS:

Existing law:

1. Establishes the State Fire Marshal (SFM), within the Department of Forestry and Fire Protection (Cal FIRE), and requires the SFM to, among other things, adopt and administer regulations and standards to control the servicing, charging, and testing of portable fire extinguishers and to control the sale and marketing of these devices with respect to conformance with standards of their use, capacity, and effectiveness.
2. Defines an “e-bike” as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies e-bikes into three classes with different restrictions for various purposes, including the requirement that manufacturers and distributors of e-bikes apply a label that is permanently affixed to each e-bike that contains, among other things, the classification number of the e-bike, as specified.
3. Defines “class 1 e-bike” 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 miles per hour, and defines “class 3 e-bike” 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 miles per hour, and equipped with a speedometer.

This bill:

1. Prohibits, beginning January 1, 2026, the sale, distribution, or leasing of an e-bike unless the battery has been tested by an accredited testing laboratory for compliance with a battery standard references in ANSI/CAN/UL 2849, EN 15194, or other safety standard that the SFM has established by rule.
2. Prohibits, beginning January 1, 2026, the distribution, sale, or leasing of a powered mobility device unless the battery has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271.
3. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a storage battery unless it complies with the same set of safety standards as required by this bill for the type of device it is designed to be used with.
4. Prohibits, beginning January 1, 2026, a person from distributing, selling, leasing, or offering for sale or lease an e-bike, 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:
   1. On the packaging or documentation provided to the buyer at the time of sale for the e-bike, powered mobility device, or battery.
   2. Directly on the e-bike or its electrical system, the powered mobility device, or the battery of the e-bike or powered mobility device.
5. Provides that a person is not required to display the logo, wordmark, or name of an accredited testing laboratory if the e-bike, powered mobility device, or storage battery is being sold or leased secondhand or is being rented, as specified.
6. Requires, beginning January 1, 2026, a manufacturer, importer, distributor, or retailer of an e-bike, powered mobility device, or storage battery subject to testing under this bill to provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory.
7. Revises the definition of “e-bike” to mean a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts.
8. Revises the definition of “class 1 e-bike,” or “low-speed pedal-assisted electric bicycle,” to mean a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.
9. Revises the definition of “class 3 e-bike,” or “speed pedal-assisted e-bike,” to mean a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
10. Includes various definitions, as specified.

Background

Author Statement. According to the author’s office, “personal mobility devices, such as e-bikes and electric scooters (e-scooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market. SB 1271 will enhance the safety and regulatory compliance of e-bikes and e-scooters by requiring all e-bicycles and e-scooters to be manufactured with batteries that meet the stringent standards of the European Union and Underwriters Laboratories. The bill represents a crucial step towards ensuring the safety of both users and the general public.”

Electric Bicycle Classifications. E-bikes are effectively regular bicycles that include an electric motor and battery capable of assisting or replacing human power while riding the bicycle. In 2015 the legislature passed AB 1096 (Chiu, Chapter 568, Statutes of 2015) which created the current classification system for e-bikes in the state in order to distinguish them from motorized bicycles and allow e-bikes to access regular bike trails and paths. Since the passage of that bill e-bike usage has become even more popular. E-bike sales grew 145% from 2019 to 2020, more than double the rate of classic bikes, according to the market research firm NPD Group.

Class 1 e-bikes are pedal-assist only, with no throttle, and have a maximum assisted speed of 20 mph. Class 2 e-bikes also have a maximum speed of 20 mph, but are throttle-assisted and do not necessarily need the rider to pedal. Class 3 e-bikes are pedal-assist only, with no throttle, and a maximum assisted speed of 28 mph. Class 1 and Class 2 e-bikes generally follow the same rules and restrictions as a standard bicycle, including the requirement that any cyclist younger than 18 years old must wear a bicycle helmet. Because class 3 e-bikes are capable of reaching even higher speeds they have further limitations that a rider must be 16 years old, or older, and must wear a helmet regardless of age. Because it is difficult for an individual to determine what class an e-bike is with a simple visual inspection, statute requires e-bike manufacturers and distributers to label them with their class, top assisted speed, and motor wattage.

Switchable Bikes. Some manufacturers have been developing bicycles that are able to “switch” between modes, moving from a slower throttle mode (class 2), to a faster pedal assist mode (class 3). Such devices, technically, are not e-bikes. They are not class 3 e-bikes because their motor is capable of providing assistance even when the bicycle is not pedaling. They are not class 2 e-bikes because the motor is capable of providing assistance at speeds above 20 mph. As such they do not actually meet the legal definition of an e-bike and instead are motorized bicycles. They also may cause confusion, as class 2 e-bikes follow different rules of the road than class 3 e-bikes and a parent might buy a “switchable” bike advertised as class 2 for their child and not realize its illegal for them to operate the device as it can switch into a mode capable of reaching 28 mph.

Lithium Based Batteries. Lithium-ion batteries are comprised of an anode, cathode, separator, electrolyte, and two current collectors (positive and negative). The anode and the cathode store the lithium. The electrolyte carries positively charged lithium ions from the anode to the cathode and vice versa through the separator. The movement of the lithium ions creates free electrons in the anode which creates a charge at the positive current collector. The electrical current then flows from the current collector through a device being powered (cellphone, computer, etc.) to the negative current collector. The separator blocks the flow of electrons inside the battery.

Compared to other high-quality rechargeable battery technologies (nickel-cadmium, nickel-metal-hydride, or lead-acid), lithium batteries have a number of advantages. They have one of the highest energy densities of any commercial battery technology, approaching 300 watt-hours per kilogram (Wh/kg) compared to roughly 75 Wh/kg for alternative technologies. In addition, lithium-ion ells can deliver up to 3.6 volts, 1.5-3 times the voltage of alternatives, which makes them suitable for high-power applications like transportation. Lithium-ion batteries are comparatively low maintenance, and do not require scheduled cycling to maintain their battery life. High energy densities and long lifespans have made lithium-ion batteries the market leader in portable electronic devices and electrified transportation, including electric vehicles and jets.

Thermal Runaway. One of the primary risks related to lithium-ion batteries is thermal runaway. Thermal runaway is a phenomenon in which the lithium-ion cell enters an uncontrollable, self-heating state. Thermal runaway can result in extremely high temperatures, violent cell venting, smoke, and fire. This occurs when one of the cells of the battery catches fire and then spreads to other cells in the battery creating an aggressive fire that spreads rapidly, can reignite, and is challenging to extinguish. The thermal runaway can also result in the creation flammable gas within the battery, which can build up and create an explosion.

One example of such internal failure is an internal short circuit. In a lithium-ion cell, the cathode and anode electrodes are physically separated by a component called the separator. Defects in the cell that compromise the separator’s integrity can cause an internal short circuit condition that can result in thermal runaway. This is especially likely in cells of poor quality.

External, off-nominal conditions can also cause thermal runaway. Some examples of off-nominal conditions include:

1. Overcharge. Can be due to incompatibility between cell and charger, or poorly designed battery management system (BMS).
2. Multiple overdischarges followed by charge. Discharging the cell or battery below the cell manufacturer-recommended lower voltage threshold multiple times, then charging the cell.
3. External short circuit.
4. High- and low-temperature environments.

Batteries are manufactured with controls intended to protect against off-nominal conditions. However, these conditions can lead to thermal runaway if the proper controls are not incorporated. Lithium-ion battery fire and explosion are triggered by the thermal runaway reactions inside the cell. Further, lithium-ion batteries stored near or next to another battery or batteries can set off a chain reaction, making an already tough fire to fight even worse. When they reach thermal runaway, lithium-ion battery fires can burn for hours or even days.

One such example occurred in Rancho Cordova, in June of 2022, when a Tesla Model S which had been badly damaged in a collision was sitting in a wrecking yard and suddenly erupted in flames. When firefighters arrived the car was engulfed, according to the Sacramento Metropolitan Fire District, “[e]very time the blaze was momentarily extinguished, the car’s battery compartment reignited.” Eventually, the firefighters used a tractor to create a pit in the dirt, were able to get the car inside, and then filled the hole with water. That allowed the firefighters to submerge the battery pack and ultimately extinguish the fire, which burned hotter than 3,000 degrees and took more than an hour and 4,500 gallons of water to extinguish.

As consumer electronics and electric vehicles become ubiquitous, lithium-ion battery fires will likely become more common. The specific number is challenging to pin down because the National Fire Incident Reporting System has not historically separated out that type of data. However, in cities and other areas where electric vehicles and micromobility devices are being rapidly adopted, reports of lithium-ion battery fires have been increasing. According to data obtained by CBS news, between 2019 and 2023 the San Francisco Fire Department has recorded 174 lithium-ion battery fires and have seen a steady increase in the number of incidents nearly every year. Thankfully, there have been no deaths yet, but there have been several injuries. Results are worse in New York City, which reported nearly 500 lithium-ion battery fires in that same time period. Such fires have injured more than 300 people and killed 19 people in New York City since 2019.

Actions Taken in Other Jurisdictions. The uptick in lithium-ion battery fires has not gone unnoticed. In response to a deadly fire started in an e-bike store, the New York city council passed several new lithium-ion battery safety bills including one that requires certification of powered mobility devices, similar to this bill. At the federal level a pair of bills have been introduced to set nationwide consumer guidelines and standards for lithium ion-batteries, but have not advanced to committee.

The incident data from New York City exemplifies a product safety crisis. Twenty-nine New York City residents have died in micromobility-caused fires between 2021 and this year, with at least 393 injuries caused over the same period stemming from 621 reported fires. However, as California fire departments can attest, micromobility fires are an issue far beyond New York.

In San Francisco new fire code legislation took effect on March 8 of this year that required all powered mobility devices be safety-certified for compliance with UL 2849, 2272, EN 15194, 17128, or another standard of an accredited laboratory approved by the fire department. Last year the Legislature passed SB 712 (Portantino, Chapter 630, Statutes of 2023) which allowed landlords to prohibit tenants from charging or storing a personal mobility device if it does not meet with those safety standards. This bill would tackle the same problem by requiring manufacturers to comply with these regulations before offering the devices for sale or distribution in the state.

Are These the Right Standards? While the lithium-ion battery in mobility devices is the cause of the fire, assessing the status of the battery alone may not be enough to ensure safety. These batteries are incorporated into electrical systems in the device that may also be unsafely designed such that the battery catches fire even though the battery was correctly made. Rather than focusing solely on the battery the author may wish to consider requiring testing and certification for the whole electrical system in these devices to ensure they remain robust during regular use and exposure to the elements. The author may wish to work with the SFM in order to assess what the correct standards are to ensure battery safety.

Further, battery standards like UL 2271 evaluate the battery cells and the battery packs used in products like e-bikes. UL 2271 does not address the other electrical components of the devices, such as the motor, wiring, control circuitry, battery management system and charger. UL 2849 addresses the electrical components and complete electrical systems of e-bikes. UL 2849 also contains requirements for the design and manufacture of these parts of the system, making sure the system charges and discharges within the electrical and temperature limits of the battery, can withstand mechanical and environmental abuse, and will interrupt charging if there is a fault or failure within the battery pack. The requirements in UL 2849 also address electric shock and fire hazards posed by the charger, ensuring that the charger is compatible with the power requirements of the host device. UL 2272, the Standard for Electrical Systems for Personal E-Mobility Devices, contains similar requirements for the electrical systems used in e-scooters and other micromobility devices.

SB 1271 would also allow the sale of e-bikes whose batteries meet the battery standards referenced in the European standard EN 15194. EN 15194 is primarily a mechanical safety standard, though it also contains some electrical safety requirements. Critically, though, the battery requirements in EN 15194 are less stringent than those in UL 2849. EN 15194 allows for the use of batteries that have only undergone testing to EN 62133-2, which is a standard for portable batteries. Portable batteries are those used in handheld applications like cellphones.

UL 2271, on the other hand, is a battery standard for lithium-ion batteries used in light electric vehicle applications. Unlike EN 62133-2, UL 2271 contains test requirements that cover the mechanical, electrical and environmental conditions and misuse an e-bike battery is likely to encounter during use. EN 62133-2 requires no environmental testing, minimal mechanical testing and many fewer electrical tests as compared to UL 2271.

Suggested Amendments.

Amendment #1: 26301. (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 office has established by rule.

Amendment #2: (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 2272.

Amendment #3: (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 2271 or EN 15194 or other safety standard as the office 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.

Amendment #4: 26302. (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 other safety standard for electric bicycles the office has established by rule.

Amendment #5: (b) A person shall not rent or offer for rental 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 2272.

Amendment #6: (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 2271 or EN 15194 or other safety standard as the office 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.

Prior/Related Legislation

SB 1152 (Limon, 2024) requires the SFM, before the next triennial edition of the California Building Standards Code (CBSC) adopted after January 1, 2025, to propose to the CBSC updates extending the existing requirements for lead-acid and nickel-cadmium battery systems to include lithium-based batteries as well, as specified.

SB 1431 (Cortese, 2024) prohibits the SFM from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jose State University for the purposes of fire or life safety activities if the owner of the building enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, as specified. (Pending in the Senate Governmental Organization Committee)

SB 712 (Portantino, Chapter 630, Statutes of 2023) prohibited a landlord from prohibiting a tenant from owning or storing personal micromobility devices and requires stored electric bicycle or electric scooters to comply with specified safety standards.

AB 1096 (Chiu, Chapter 568, Statutes of 2015) defined various classes of electric bicycles and establishes parameters for their operation in California.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

Streets For All (Source)

Bike LA

California Bicycle Coalition

City of Irvine

East Bay for Everyone

Everybody’s Long Beach

Marin County Bicycle Coalition

Pedal Movement

OPPOSITION:

E-Bike Access

ARGUMENTS IN SUPPORT: The bill’s sponsor Streets For All write in support that, “e-bikes, with their innovative electric propulsion, stand as a marvel of modern transportation, intertwining environmental stewardship, personal health benefits, and unparalleled mobility freedom in one sleek package. They emerge as champions of climate action, significantly reducing carbon footprints by offering a greener alternative to traditional fossil fuel-dependent vehicles. The health advantages are equally compelling; riding an e-bike promotes cardiovascular fitness and mental well-being, seamlessly integrating exercise into daily commutes without the daunting exertion often associated with conventional cycling. Moreover, e-bikes democratize mobility, breaking down barriers for people of various fitness levels and ages, and offering a reliable, efficient mode of transport that navigates urban congestion with ease. This blend of sustainability, health, and accessibility has catapulted e-bikes to the forefront of electric vehicle sales, marking them as the fastest-selling segment in the electric vehicle market, a testament to their growing appeal and the shifting paradigms of global mobility.”

Further, “SB 1271’s's provision to standardize the classification of e-bicycles, specifically prohibiting the sale of devices capable of switching between Class 1, 2, and 3 as anything less than a Class 3 e-bicycle, is a sensible measure that provides clarity to consumers. It ensures that all e-bicycles capable of achieving speeds up to 28mph are subject to the same rigorous regulatory framework, thereby mitigating the risk of accidents and injuries to riders and pedestrians alike.”

ARGUMENTS IN OPPOSITION: In opposition to the bill, E-Bike Access writes that, “[f]or safety reasons, existing law draws the line between e-bikes and motorcycles based on the size and capability of the motor. Throttle e-bikes are free of regulation and, unlike motorcycles, can be ridden by children of any age, without license, registration or insurance. Legalizing “multi-class” throttle vehicles will impair enforcement and result in underaged children riding what amount to motorcycles. This is already occurring with Super 73 and similar brands. It will only get worse with the ‘multi-class’ provisions of this bill.”

DUAL REFERRAL: Senate Transportation Committee (13-0) & Senate Governmental Organization Committee

SENATE COMMITTEE ON TRANSPORTATION

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: Hearing Date: 4/9/2024

SUBJECT:

DIGEST: This bill requires, beginning January 1, 2026, electric bicycle, powered mobility device, or storage battery manufacturers or distributors to test said devices by an accredited testing laboratory for compliance with safety standards. This bill requires by January 1, 2028, similar testing for those who rent these devices. This bill also requires labeling electric bicycles capable of operating in multiple modes with the classification number of the highest class of which it is capable of operating.

ANALYSIS:

Existing law:

1. Defines an “electric bicycle” as a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of no more than 750 watts. (VEH §312.5)
2. Defines three classes of electric bicycles:
   1. Class 1 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 a speed of 20 mph;
   2. Class 2 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 a speed of 20mph;
   3. Class 3 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 a speed of 28mph, and that is equipped with a speedometer.
3. Requires a rider of an electric bicycle to follow all the rules of the road of a non-electric bicycle.
4. Prohibits the operation of a class 3 electric bicycle by anyone under the age of 16. (VEH §21213)
5. Prohibits the operation of a class 3 electric bicycle unless the rider is wearing a properly fitted and fastened bicycle helmet.
6. Specifies that a person operating an electric bicycle is not subject to the provisions of the vehicle code related to financial responsibility, driver’s licenses, registration, and license plate requirements, and that electric bicycles are not a motor vehicle. (VEH §34016)
7. Prohibits a person from changing the speed capability of an electric bicycle. (VEH §34016)
8. Requires manufacturers and distributes of electric bicycles to apply a permanently affixed label to the bicycle that contains the classification number, top assisted speed, and motor wattage of the electric bicycle.

This bill:

1. Defines, for the purpose of this legislation:
   1. “Accredited testing laboratory” as an independent laboratory accredited by an accreditation body to ISO 17025, 17065, or a Nationally Recognized Testing Laboratory
   2. “Powered mobility device” as a motorized scooter, a motorized bicycle, an off-highway motorcycle, or any other powered mobility device powered by a lithium ion storage battery. This does not include mobility devices for use by persons with disabilities or vehicles powered by an internal combustion engine.
   3. “Storage battery” as a rechargeable lithium-ion traction battery that supplies the power to a motor for an electric bicycle or powered mobility device, a battery sold as part of a kit intended to convert a bicycle into an electric bicycle, or a battery advertised as suitable for use with an electric bicycle or powered mobility device.
2. Prohibits, beginning January 1, 2026, the sale, distribution, or leasing of an electric bicycle unless the battery has been tested by an accredited testing laboratory for compliance with a battery standard references in ANSI/CAN/UL 2849, EN 15194, or other safety standard that the State Fire Marshal has established by rule.
3. Prohibits, beginning January 1, 2026, the distribution, sale, or leasing of a powered mobility device unless the battery has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 22271
4. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a storage battery unless it complies with the same set of safety standards as required by this bill for the type of device it is designed to be used with.
5. Prohibits, beginning January 1, 2026, the distribution, sale, or lease of a new 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 the packaging or documentation provided to the buyer at the time of sale or directly on the device itself.
6. Prohibits, beginning January 1, 2028, offering for rent an electric bicycle, powered mobility device, or storage unless the battery has been tested by an accredited testing laboratory for the applicable test standard.
7. Prohibits, beginning January 1, 2028 a person from being 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.
8. Requires, beginning January 1, 2026, a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, or storage battery subject to testing under this bill to provide a true and accurate copy of the test report for the product issued by the accredited testing laboratory upon request.
9. Requires a manufacturer and distributor to include on the electric bicycle label the classification number of the highest classes of which it is capable if the bicycle is capable of operating in multiple modes.

COMMENTS:

1. Purpose of bill. According to the author “Personal mobility devices, such as electric bicycles (e-bikes) and electric scooters (e-scooters), are an affordable and convenient alternative to cars. It is no surprise that in recent years the sale of these devices has skyrocketed. Most e-bikes and e-scooters are powered by lithium-ion batteries. This is the same type of battery that powers many of today's electric vehicles, cell phones, laptops, and power tools. Though generally safe, if the batteries are poorly manufactured or abused they carry a fire risk. Experts point to uncertified batteries as being a major factor in the risk of a lithium-ion battery fires. In order to protect consumers and the public, low quality powered personal mobility devices must be removed from the market.”
2. Electric bicycle classifications. Electric bicycles (e-bikes) are effectively regular bicycles that include an electric motor and battery capable of assisting or replacing human power while riding the bicycle. In 2015 the legislature passed AB 1096 (Chiu) which created the current classification system for e-bikes in the state in order to distinguish them from motorized bicycles and allow e-bikes to access regular bike trails and paths. Since the passage of that bill e-bike usage has become even more popular. E-bike sales grew 145% from 2019 to 2020, more than double the rate of classic bikes, according to the market research firm NPD Group.

Class one e-bikes are pedal-assist only, with no throttle, and have a maximum assisted speed of 20 mph. Class two e-bikes also have a maximum speed of 20 mph, but are throttle-assisted and do not necessarily need the rider to pedal. Class three e-bikes are pedal-assist only, with no throttle, and a maximum assisted speed of 28 mph. Class 1 and Class 2 e-bikes generally follow the same rules and restrictions as a standard bicycle, including the requirement that any cyclist younger than 18 years old must wear a bicycle helmet. Because class 3 e-bikes are capable of reaching even higher speeds they have further limitations that a rider must be 16 years old, or older, and must wear a helmet regardless of age. Because it is difficult for an individual to determine what class an e-bike is with a simple visual inspection, statute requires e-bike manufacturers and distributers to label them with their class, top assisted speed, and motor wattage.

1. Switchable bikes. Some manufacturers have been developing bicycles that are able to “switch” between modes, moving from a slower throttle mode (class 2), to a faster pedal assist mode (class 3). Such devices, technically, are not e-bikes. They are not class 3 e-bikes because their motor is capable of providing assistance even when the bicycle is not pedaling. They are not class 2 e-bikes because the motor is capable of providing assistance at speeds above 20 mph. As such they do not actually meet the legal definition of an e-bike and instead are motorized bicycles. They also may cause confusion, as class 2 e-bikes follow different rules of the road than class 3 e-bikes and a parent might buy a “switchable” bike advertised as class 2 for their child and not realize its illegal for them to operate the device as it can switch into a mode capable of reaching 28 mph. This bill attempts to protect consumers by requiring manufacturers of these “switchable e-bikes” to label them as the highest class that it is capable of achieving. In doing so it may accidently imply that such “switchable” devices are e-bikes when they are not. The committee may wish to amend the bill to remove the labeling requirement and instead modify the definition of e-bike classes to clarify what the appropriate class for a “switchable” e-bike is, if any.
2. Lithium ion battery fires. Lithium ion batteries are one of the most common rechargeable battery chemistries used today, found in everything from mobile phones to electric vehicles. Although more expensive than their lead-acid equivalents, lithium-ion batteries are significantly lighter and have better lifespans. Lithium batteries are made from tiny packs of a flammable chemical liquid tightly grouped together in a compartment. The more electricity needed from the battery the higher the number of cells and the greater amount of fuel in the event of a failure. If lithium batteries are damaged, poorly designed, or improperly charged they can overheat eventually resulting in “thermal runaway”. This occurs when one of the cells of the battery catches fire and then spreads to other cells in the battery creating an aggressive fire that spreads rapidly, can reignite, and is challenging to extinguish. The thermal runaway can also result in the creation flammable gas within the battery which can build up and create an explosion.

As consumer electronics and electric vehicles become ubiquitous, lithium ion battery fires will likely become more common. The specific number is challenging to pin down because the National Fire Incident Reporting System hasn’t historically separated out that type of data. However in cities and other areas where electric vehicles and micromobility devices are being more rapidly adopted, reports of lithium-ion battery fires have been increasing. According to data obtained by CBS news, between 2019 and 2023 the San Francisco Fire Department has recorded 174 lithium ion battery fires and have seen a steady increase in the number of incidents nearly every year. Thankfully there have been no deaths yet, but there have been several injuries. Results are worse in New York City which reported nearly 500 lithium battery fires in that time period that have injured more than 300 people and killed 19 people in New York City since 2019.

Not all of these fires can be directly linked to e-bikes or powered mobility devices, but several of them can be. The batteries for these devices are larger than in most consumer devices, creating more risk. They are also exposed to rougher conditions during their normal use increasing the possibility of damage. However, according to a CBS news story, experts say much of the problem stems from unregulated aftermarket chargers that are not required to be certified causing overcharged batteries to malfunction and combust.

1. Actions taken in other jurisdictions. This uptick in lithium ion fires has not gone unnoticed. In response to a deadly fire started in an e-bike store, the New York city council passed several new lithium battery safety bills including one that requires certification of powered mobility devices, similar to this bill. At the federal level a pair of bills have been introduced to set nationwide consumer guidelines and standards for lithium ion-batteries, but have not advanced to committee. In San Francisco new fire code legislation took effect on March 8 that required all powered mobility devices be safety-certified for compliance with UL 2849, 2272, EN 15194, 17128, or another standard of an accredited laboratory approved by the fire department. Last year the Legislature passed SB 712 (Portantino) which allowed landlords to prohibit tenants from charging or storing a personal mobility device if it does not meet with those safety standards. This bill would tackle the same problem by requiring manufacturers to comply with these regulations before offering the devices for sale or distribution in the state.
2. Are these the right standards? While the lithium-ion battery in mobility devices is the cause of the fire, assessing the status of the battery alone may not be enough to ensure safety. These batteries are incorporated into electrical systems in the device that may also be unsafely designed such that the battery catches fire even though the battery was correctly made. Rather than focusing solely on the battery the author may wish to consider requiring testing and certification for the whole electrical system in these devices to ensure they remain robust during regular use and exposure to the elements. The author may wish to work with the State Fire Marshal in order to assess what the correct standards are to ensure battery safety.
3. Re-referral. Due to amendments made in this committee, if this bill passes it will be referred to the Senate Rules Committee for potential re-referral to a second committee.

Related Legislation:

SB 1152 (Limón) would require the State Fire Marshal to propose to the California Buildings Standards Commission updates to fire standards regarding lithium ion batteries. This bill has been referred to the Senate Committee on Governmental Organization.

SB 712 (Portantino, Chapter 630, Statutes of 2023) prohibited a landlord from prohibiting a tenant from owning or storing personal micromobility devices. Requires stored electric bicycle or electric scooters to comply with specified safety standards.

AB 1096 (Chiu, Chapter 568, Statutes of 2015) established the three classes of electric bicycles in statute and required manufacturers to apply a label to bikes distributed in California that specifies its type and motor wattage.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

POSITIONS: (Communicated to the committee before noon on Wednesday,

April 3^rd.)

SUPPORT:

Bike LA
California Bicycle Coalition
East Bay for Everyone
Everybody's Long Beach
Irvine; City of
Marin County Bicycle Coalition
Pedal Movement
Streets for All (sponsor)

OPPOSITION:

Ebikeaccess.org

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