This Specialized Haul ST is a Class 3 bike with a top speed of 28 mph. (Jonathan Maus/BikePortland)
Cycling and road safety advocates from across Oregon came together on a piece of electric bike legislation that is now poised to pass the House of Representatives. It’s likely passage is a major win for some e-bike advocates and represents a compromise they hope will lead to a more effective bill next year.
Last week BikePortland reported that a schism among bike advocates had developed over House Bill 4103. That bill was drafted by Bend lawmaker Emerson Levy (D-53) in response to a fatal collision last summer that took the life of a 15-year-old who was riding an e-bike. Levy’s bill sought to do four key things: bring Oregon in line with 41 other states that have adopted a three-class system for regulating e-bikes; make it legal for riders 15 and under to ride “Class 1” models (with a max speed of 20 mph and no throttle); prohibit people 15 and under from riding bikes equipped with throttles (Class 2) and that reach speeds of 28 mph (Class 3); and create a new misdemeanor traffic violation for parents of kids who didn’t comply with the new law.
The bill, known as “Trenton’s Law” was strongly supported by the parents of Trenton Burger, the boy who was killed by a driver while riding in Bend. Bend-based advocacy groups also supported the bill and were happy to see Class 1 bikes become legal for young riders and get more clarity and awareness around e-bikes in general. Since Burger’s death, pressure to do something about teens on throttle-equipped e-bikes has reached a fever pitch in small, high-income cities like Bend, Hood River, and Lake Oswego.
Megan Ramey, the Safe Routes to School manager for Hood River County who penned the “Dawn of the Throttle Kids” story for BikePortland in July 2022, testified at a public hearing for the bill on February 15th that one reason she supports HB 4103 is, “I can’t go a week without a friend, colleague or leader bringing up the ‘scofflaw e-bike teens.'” “The backlash is growing,” Ramey warned. “And it draws the positive energy out of Safe Routes to School.”
But despite liking some elements of the bill, other high profile advocates felt the changes went too far, too soon.
Last Wednesday, two days prior to a vote on the bill in the Joint Committee on Transportation, BikePortland reported that the two largest bike advocacy groups in America — People for Bikes and the League of American Bicyclists — had come out against the bill. Joining them in opposition were Portland-based nonprofits The Street Trust, BikeLoud PDX and No More Freeways.
One of the main sticking points for these groups was that HB 4103 would create a new law they felt was too “punitive” and would unfairly saddle some families with fines and potentially dangerous interactions with police. There were also concerns about language surrounding the maximum power output of e-bike motors, how the ban on Class 2 and 3 e-bikes might dampen adoption of cycling, the lack of a pedal requirement in the bill language, and the lack of a diversion program in lieu of the traffic fine.
“We’re particularly excited about the prospect of our state establishing what might be the nation’s first statewide task force on Electric Micromobility.”
These advocates argued that instead of rushing to pass significant changes this session, it would be smarter to create a statewide task force (as defined in HB 4067) where disagreements could be hammered out and then a new, more effective, bill could be introduced next session.
With the clock ticking on a very short session, and facing strong pressure from constituents to get results, Rep. Levy decided to compromise. HB 4103 was significantly amended prior to passage. The new “unsafe riding” traffic violation was taken out, but so too was the provision that would have made Class 1 e-bikes legal for everyone under 16.
The pared-down version of the bill includes only the three-class definitions and a change in the statutory definition of “bicycle” to include “is equipped with pedals” (a provision all parties agree is important to help regulate some e-bikes that don’t have them and should be considered mopeds or motorcycles).
Reached for comment Monday, Executive Director of The Street Trust Sarah Iannarone said she was optimistic about the compromise. She said it was only possible because of the leadership of Rep. Levy, (HB 4067 sponsor) Lake Oswego Rep. Daniel Nguyen (D-38), and the advocates who have worked on the bills — especially independent advocates RJ Sheperd and Cameron Bennett, John MacArthur from Portland State University, and Neil Baumsgard from The Environmental Center. Those advocates and others are members of the Electric Bikes For All group that has met regularly since 2019 (and is now led by The Street Trust). That group’s ability to quickly mobilize and educate the public and lawmakers with a position statement and petition was a key reason this compromise happened.
“While we’re glad to see Oregon develop a three-class system for e-bikes, we’re particularly excited about the prospect of our state establishing what might be the nation’s first statewide task force on Electric Micromobility to help engage stakeholders and develop policies to secure safe, equitable, affordable access to e-mobility for users regardless of where they live,” Iannarone said.
Now Iannarone and other e-bike advocates are pushing lawmakers to make sure HB 4067, the bill that will establish the Electric Micromobility Task Force, also passes this session. That bill passed the transportation committee Friday, but because it will cost the state an estimated an estimated $200,000, it is currently stuck in the Joint Committee on Ways & Means.
