Bill Text: CA SB1271 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Electric bicycles, powered mobility devices, and storage batteries.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-08-08 - Ordered to third reading. [SB1271 Detail]
Download: California-2023-SB1271-Amended.html
YESNO
SEC. 3.
Bill Title: Electric bicycles, powered mobility devices, and storage batteries.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-08-08 - Ordered to third reading. [SB1271 Detail]
Download: California-2023-SB1271-Amended.html
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Amended
IN
Senate
April 11, 2024 |
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Amended
IN
Senate
March 20, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1271
| Introduced by Senator Min |
February 15, 2024 |
An act to add Chapter 23 (commencing with Section 26300) to Division 20 of the Health and Safety Code, and to amend Section 312.5 of the Vehicle Code, relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1271, as amended, Min.
Electric bicycles, powered mobility devices, and storage batteries.
Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions. Existing law requires 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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill 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:(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) “Electric bicycle” means a bicycle with electric assistance as defined in subdivision Section 312.5 of the Vehicle Code.
(c) “Office” means the Office of the State Fire Marshal.
(d) (1) “Powered mobility device” includes any of the following:
(A) A motorized scooter as defined in subdivision (a) of Section 407.5 of the Vehicle Code.
(B) A motorized bicycle or moped as defined in subdivision (a) of Section 406 of the Vehicle Code.
(C) An off-highway motorcycle as defined in Section 436 of the Vehicle Code.
(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.
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.(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 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.
(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 secondhand.
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.(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.
(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 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.
(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.
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.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.(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that is not capable of exclusively propelling the bicycle, that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling,
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.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) (1)On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in
Arial font in at least 9-point type.
(2)If an electric bicycle is capable of operating in multiple modes, a manufacturer and distributor shall include on the label the classification number of the highest classes of which it is capable.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
