Hawaii Moves Forward with E-bike Regulation Following Veto

Legislation to regulate high-speed electric bikes in Hawaii is advancing smoothly this year, following a veto of a similar bill last year. Introduced in January, House Bill 2021 aims to restrict the use of high-speed e-bikes while ensuring safety for riders and pedestrians. The bill has garnered support from more than two dozen state lawmakers, including its lead sponsor, Rep. Darius Kila, who previously introduced the failed HB 958 that was vetoed by Governor Josh Green.

The current bill addresses several concerns raised last year by clarifying language to avoid unintended consequences for other vehicles, specifically electric cars. The proposed regulations include restricting certain e-bike classes based on speed and prohibiting riders under 16 from operating high-speed models capable of exceeding 28 mph. Furthermore, these high-speed e-bikes would not be allowed on public roads, bike lanes, or sidewalks.

During a public hearing on February 10, Kila expressed his commitment to improving safety following tragic incidents involving e-bikes. One notable case was the death of a 14-year-old boy in Ewa Beach, who was struck by a vehicle while riding an electric dirt bike in a marked crosswalk. Kila stated, “I don’t think it’s a secret… many communities have faced the challenge of trying to find a path forward to allow safe regulation of bicycles that belong on our roadways.”

The new bill includes significant stakeholder input, with contributions from the Department of Transportation and the Attorney General. Kila is optimistic that this collaboration will prevent a repeat of last year’s issues. Similar to the previous legislation, HB 2021 proposes that manufacturers label e-bikes with key information about speed capabilities and legal riding areas. Additionally, point-of-sale disclosures will inform buyers about regulations governing e-bike operation.

Last year, the Legislature passed HB 958 on April 30, 2023, but it was vetoed by Governor Green on July 3, 2023. The governor raised concerns that the bill would have inadvertently criminalized the use of electric vehicles on public roadways. This veto drew criticism from advocacy groups, including the Hawaii Bicycling League, which argued that safety measures were being overlooked in favor of legal technicalities.

Eduardo Hernandez, Advocacy Director at the Hawaii Bicycling League, stated that it is critical for HB 2021 to reach the governor’s desk. “This bill will provide an important foundation to define bicycles in statute, and where and how they can be used safely,” he noted. Hernandez also highlighted the necessity of statewide regulations to complement local efforts, such as those implemented by the City and County of Honolulu.

In the past year, Honolulu’s Mayor Rick Blangiardi enacted a city bill limiting e-bike power to 750 watts and mandating helmet use for riders under 18. The Department of Education also prohibited electric motorcycles and dirt bikes on school campuses. While Kila appreciates these local measures, he insists that a cohesive statewide framework is essential for effective regulation.

During discussions, Kila emphasized the need for a solid foundation in legislation to ensure safety. “If we can adopt this as our foundation, we can build structure moving forward,” he said. He received support from fellow committee members, including Rep. Luke Evslin, who highlighted the importance of e-bikes in providing affordable transportation options, particularly for younger individuals.

The House Judiciary and Hawaiian Affairs Committee, chaired by Rep. David Tarnas, advanced HB 2021 with minor amendments. If the bill passes through the Senate and receives final approval, its provisions regarding road use will take effect immediately, while disclosure requirements for sellers will be implemented within 120 days.

As the legislative session progresses, stakeholders are hopeful that this renewed effort will result in effective regulations that enhance safety and clarity for e-bike riders across Hawaii.