Bill Text: CA SB1271 | 2023-2024 | Regular Session | Amended
Bill Title: Electric bicycles, powered mobility devices, and storage batteries.
Spectrum: Bipartisan Bill
Status: (Enrolled) 2024-09-09 - Enrolled and presented to the Governor at 3 p.m. [SB1271 Detail]
Download: California-2023-SB1271-Amended.html
Amended
IN
Senate
March 20, 2024 |
Introduced by Senator Min |
February 15, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 23 (commencing with Section 26300) is added to Division 20 of the Health and Safety Code, to read:CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries
26300.
For purposes of this chapter, the following terms have the following meanings: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.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.26303.
A manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, 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.26304.
This chapter, except Section 26302, shall become operative on January 1, 2026.SECTION 1.SEC. 2.
Section 312.5 of the Vehicle Code is amended to read:312.5.
(a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts.(d)An electric bicycle that has multiple switchable or programmable modes is an electric bicycle under this code only if it fully conforms with the respective class definition when operated in each mode.
(e)The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:
(1)A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed of 20 miles per hour or greater on motor power alone or a continuous rated mechanical power of more than 750 watts.
(2)A vehicle that is modified to attain a speed of 20 miles per hour or greater on motor power alone or a continuous rated mechanical power of more than 750 watts, or modified to have its operable pedals removed.
For purposes of this chapter, the following terms have the following meanings:
(a)“Accredited testing laboratory” means an independent laboratory accredited by an accreditation body to ISO 17025 or ISO 17065, or a Nationally Recognized Testing Laboratory (NRTL).
(b)“Department” means the Department of Motor Vehicles.
(c)“Electric bicycle” means a bicycle with electric assistance as defined in subdivision (a) of Section 312.5.
(d)(1)“Powered mobility device” includes any of the following:
(A)A motorized scooter as defined in subdivision (a) of Section 407.5.
(B)A motorized bicycle or moped as defined in subdivision (a) of Section 406.
(C)An off-highway motorcycle as defined in Section 436.
(D)Any other personal mobility device powered by a lithium ion storage battery.
(2)“Powered mobility device” does not include electric bicycles, wheelchairs, or other mobility devices designed for use by persons with disabilities, a vehicle that is powered by an internal combustion engine, or a vehicle required to be registered with the Department of Motor Vehicles.
(e)“Stock keeping unit” means each group of items offered for sale of the same brand name, quantity of contents, retail price, and variety.
(f)“Storage battery” means any of the following:
(1)A rechargeable lithium ion traction battery that supplies electrical power to the motor that propels an electric bicycle or powered mobility device, and includes a replacement original equipment traction battery for those devices.
(2)A battery sold as part of a kit intended to convert a bicycle into an electric bicycle or powered mobility device.
(3)A lithium ion battery advertised as suitable for use with an electric bicycle or powered mobility device.
(a)A person shall not distribute, sell, lease, or offer for sale, or lease, an electric bicycle unless the battery for the electric bicycle has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849 or EN 15194, or other safety standard for electric bicycles as the department has established by rule.
(b)A person shall not distribute, sell, lease, or offer for sale, or lease, a powered mobility device unless the battery for the powered mobility
device has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271.
(c)A person shall not distribute, sell, lease, or offer for sale, or lease, a storage battery unless the storage battery meets either of the following:
(1)The storage battery is designed for a powered mobility device and has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271.
(2)The storage battery is designed for an electric bicycle and has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849 or EN 15194 or other safety standard as the department has established by rule, or is part of a complete electrical system for an electric bicycle that has been tested by an accredited laboratory for compliance with ANSI/CAN/UL 2849 or EN 15194.
(d)(1)A person shall not distribute, sell, lease, or offer for sale, or lease, an electric bicycle, powered mobility device, or storage
battery unless the logo, wordmark, or name of an accredited testing laboratory and the applicable test standard used to show compliance is displayed on either of the following:
(A)On the packaging or documentation provided to the buyer at the time of sale for the electric bicycle, powered mobility device, or battery.
(B)Directly on the electric bicycle or its electrical system, the powered mobility device, or the battery of the electric bicycle or powered mobility device.
(2)A person shall not be required to display the logo, wordmark, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, or storage battery is being sold or leased second hand.
(a)A person shall not rent or offer for rental an electric bicycle unless the battery for the electric bicycle has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849 or EN 15194, or such other safety standard for electric bicycles as the department has established by rule.
(b)A person shall not rent or offer for rental a powered mobility device unless the battery for such powered mobility device has been tested by an accredited
testing laboratory for compliance with ANSI/CAN/UL 2271.
(c)A person shall not rent or offer for rental a storage battery unless the storage battery meets either of the following:
(1)The storage battery is designed for a powered mobility device and has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271.
(2)The storage battery is designed for an electric bicycle and has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849 or EN 15194 or other safety standard as the department has established by rule, or is part of a complete electrical system for an electric bicycle that has been tested by an accredited laboratory for compliance with ANSI/CAN/UL 2849 or EN 15194.
(d)A person shall not be required to display the logo, wordmark, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, or storage battery is being rented.
(e)This section shall become operative on January 1, 2028.
A manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, 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.
A person in violation of this chapter shall be convicted of an infraction, and shall be liable for a fine of one thousand dollars ($1,000) per stock keeping unit.
This chapter, except Section 10002, shall become operative on January 1, 2026.