79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–946

AMENDING THE CONSUMER PRODUCTS SAFETY ACT TO

PROVIDE THAT LOW-SPEED ELECTRIC BICYCLES ARE

CONSUMER PRODUCTS SUBJECT TO SUCH ACT

OCTOBER 6, 2000.—Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. BLILEY, from the Committee on Commerce,

submitted the following

R E P O R T

[To accompany H.R. 2592]

[Including cost estimate of the Congressional Budget Office]

The Committee on Commerce, to whom was referred the bill

(H.R. 2592) to amend the Consumer Products Safety Act to provide

that low-speed electric bicycles are consumer products subject to

such Act, having considered the same, report favorably thereon

with an amendment and recommend that the bill as amended do

pass.

CONTENTS

Page

Amendment .............................................................................................................. 2

Purpose and Summary ............................................................................................ 2

Background and Need for Legislation .................................................................... 2

Hearings ................................................................................................................... 3

Committee Consideration ........................................................................................ 4

Committee Votes ...................................................................................................... 4

Committee Oversight Findings ............................................................................... 4

Committee on Government Reform Oversight Findings ...................................... 4

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 4

Committee Cost Estimate ....................................................................................... 5

Congressional Budget Office Estimate ................................................................... 5

Federal Mandates Statement ................................................................................. 6

Advisory Committee Statement .............................................................................. 7

Constitutional Authority Statement ...................................................................... 7

Applicability to Legislative Branch ........................................................................ 7

Section-by-Section Analysis of the Legislation ...................................................... 7

Changes in Existing Law Made by the Bill, as Reported ..................................... 7

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AMENDMENT

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. CONSUMER PRODUCT SAFETY ACT.

The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding

at the end the following:

‘‘LOW-SPEED ELECTRIC BICYCLES

‘‘SEC. 38. (a) Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 3(a)(1) and shall be subject to the Commission regulations published at section 1500.18(a)(12) and part

1512 of 16 C.F.R.

‘‘(b) For the purpose of this section, the term ‘low-speed electric bicycle’ means a

two- or three-wheeled vehicle with fully operable pedals and an electric motor of less

than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds,

is less than 20 mph.

‘‘(c) To further protect the safety of consumers who ride low-speed electric bicycles,

the Commission may promulgate new or amended requirements applicable to such

vehicles as necessary and appropriate.

‘‘(d) This section shall supersede any State law or requirement with respect to

low-speed electric bicycles to the extent that such State law or requirement is more

stringent than the Federal law or requirements referred to in subsection (a).’’.

SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.

For purposes of motor vehicle safety standards issued and enforced pursuant to

chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined

in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor

vehicle as defined by section 30102(6) of title 49, United States Code.

PURPOSE AND SUMMARY

The purpose of this bill is to amend the Consumer Product Safety

Act to provide that low-speed electric bicycles are consumer products subject to that act. The bill removes low-speed electric bicycles

from the definition of ‘‘motor vehicle’’ within the jurisdiction of the

Department of Transportation, where such bicycles are required to

be regulated in the same manner as motorcycles. The bill then

amends the Consumer Product Safety Act to transfer jurisdiction

over electric bicycles to the Consumer Product Safety Commission

(CPSC), where those bicycles would be regulated similarly to

human powered bicycles.

BACKGROUND AND NEED FOR LEGISLATION

Over 500,000 electric bicycles are in use worldwide, with the

market rapidly evolving over the last several years. Electric bicycles generate no pollution, are almost silent, and can greatly increase the recreational and transportation options for commuters.

Some electric bicycles provide motorized assistance pedaling, although they cannot be operated solely by motor power. These bicycles, like all non-powered bicycles, are regulated by the Consumer

Product Safety Commission (CPSC). Other electric bicycles can be

operated solely by the electric motor, but still use light weight

frames, are used in a manner similar to non-powered bicycles, and

have maximum motorized speeds not greater than those typical of

a reasonably athletic bicyclist.

An average person can pedal a regular bicycle for perhaps 90

minutes at 13 miles per hour, with professional bike riders maintaining speeds above 25 miles per hour for several hours. This is

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comparable to most electric bicycles, which can only average approximately 12 miles per hour without pedaling for 90 minutes,

with top speeds of 16–18 miles per hour for an average sized adult.

In contrast, even most small sized gasoline-powered mopeds can

sustain a speed of 30 miles per hour or more for several hours

without refueling.

Typical users of low-speed electric bicycles include older and disabled riders who do not have the physical strength to ride up hills

without motorized assistance, law enforcement agencies who use

electric powered bicycles to increase their patrol range, and commuters who cannot afford automobile transportation or who work

in traffic congested areas. According to a 1995 Nationwide Personal

Transportation Survey, the average length for a bicycling trip is

just under 2 miles, with an average speed of just under 13 miles

per hour. Using electric power for starting and climbing inclines

can greatly increase this range. According to the League of American Bicyclists, a California Air Resources Board study found that

when a volunteer group was provided with electric bicycles and

trained in their use, the volunteers used the bicycles for over 20%

of all trips over a period of many months.

Low-speed electric bicycles are currently regulated by the Department of Transportation by the National Highway Traffic Safety

Administration (NHTSA). Section 30111 of title 49, U.S. Code, requires the Secretary of Transportation to prescribe motor vehicle

safety standards. The term ‘‘motor vehicle’’ is defined by section

30102(6) as ‘‘a vehicle driven or drawn by mechanical power and

manufactured primarily for use on public streets, roads, and highways * * *.’’ NHTSA testified in a May Subcommittee hearing that

this definition of motor vehicle includes low-speed electric bicycles

which can be operated independently of pedaling. Thus, NHTSA

believes that it is required by statute to impose its full motor vehicle safety standards on low-speed electric bikes, even if they are

used in the same manner as human-powered bicycles.

If NHTSA were to strictly enforce its regulations for electric bicycles, the bikes would be required to have a number of safety features, such as brake lights, turn signals, automotive grade headlights, rear view mirrors, and license plates, that are prohibitively

costly, unwieldy, or consume too much power for a low-speed electric bicycle. The League of American Bicyclists testified that the

application of motor vehicle regulations to power-assisted bicycles

would increase the retail price of these bicycles by at least $200–

$300 and make them less manageable and more unwieldy for consumers.

NHTSA testified in May that they believe Congress should

amend the Consumer Product Safety Act to provide that low-speed

motorized bicycles are consumer products subject to the jurisdiction

of the CPSC. Since low-speed electric bicycles are designed not to

exceed the maximum speed of a human-powered bicycle, and they

are typically used in the same manner as human-powered bicycles,

electric bicycles should be regulated in the same manner and under

the same agency (the CPSC) as human-powered bicycles.

HEARINGS

The Subcommittee on Telecommunications, Trade, and Consumer

Protection held a legislative hearing on H.R. 2592 on May 16, 2000.

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The Subcommittee received testimony from: The Honorable Ann

Brown, Chairman, Consumer Product Safety Commission; The

Honorable Mary Sheila Gall, Commissioner, Consumer Product

Safety Commission; The Honorable Thomas H. Moore, Commissioner, Consumer Product Safety Commission; Ms. Rosalyn G. Millman, Deputy Administrator, National Highway Traffic Safety Administration; and Dr. Malcolm Currie, President & C.E.O., Currie

Technologies.

COMMITTEE CONSIDERATION

On September 14, 2000, the Subcommittee on Telecommunications, Trade, and Consumer Protection was discharged from the

further consideration of H.R. 2592. The Full Committee met in

open markup session on September 14, 2000, and ordered H.R.

2592 reported to the House, with an amendment, by a voice vote,

a quorum being present.

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion

to report legislation and amendments thereto. There were no

record votes taken in connection with ordering H.R. 2592 reported.

A motion by Mr. Bliley to order H.R. 2592 reported to the House,

with an amendment, was agreed to by a voice vote.

The following amendment was agreed to by a voice vote:

An amendment by Mr. Rogan providing that low-speed

electric bicycles are not considered motor vehicles for purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States

Code.

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House

of Representatives, the Committee held a legislative hearing and

made findings that are reflected in this report.

COMMITTEE ON GOVERNMENT REFORM OVERSIGHT FINDINGS

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House

of Representatives, no oversight findings have been submitted to

the Committee by the Committee on Government Reform.

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the

House of Representatives, the Committee finds that H.R. 2592, a

bill to amend the Consumer Products Safety Act to provide that

low-speed electric bicycles are consumer products subject to such

Act, would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues.

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COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by

the Director of the Congressional Budget Office pursuant to section

402 of the Congressional Budget Act of 1974.

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House

of Representatives, the following is the cost estimate provided by

the Congressional Budget Office pursuant to section 402 of the

Congressional Budget Act of 1974:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, October 5, 2000.

Hon. TOM BLILEY,

Chairman, Committee on Commerce,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2592, a bill to amend the

Consumer Products Safety Act to provide that low-speed electric bicycles are consumer products subject to such act.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contacts are Charles Betley (for

federal costs), and Shelley Finlayson (for the state and local impact).

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 2592—A bill to amend the Consumer Products Safety Act to

provide that low-speed electric bicycles are consumer products

subject to such act

Summary: This bill would assign to the Consumer Product Safety

Commission (CPSC) jurisdiction for regulating the safety of lowpower electric bicycles. Low-power electric bicycles are defined by

the bill as bicycles or tricycles with an electric motor of less than

one horsepower or 750 watts and a maximum speed of 20 mph on

a level surface. The bill also would preempt state laws affecting

such vehicles that are more stringent than the Consumer Products

Safety Act, since some states have classified low-speed electric bicycles under their motor vehicle laws. The bill would not affect direct

spending or receipts; therefore, pay-as-you-go procedures would not

apply. CBO estimates that implementing and enforcing new regulations under the bill would cost less than $500,000 per year, subject

to the availability of appropriated funds.

H.R. 2592 contains an intergovernmental mandate as defined in

the Unfunded Mandates Reform Act (UMRA) because it would preempt any state law or regulation that has more stringent requirements for the regulation of low-speed electric bicycles than those

required under the bill. Although data are limited, CBO estimates

that complying with these mandates would not exceed the threshold established by the act ($55 million in 2000, adjusted annually

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for inflation). The bill would not impose any private-sector mandates as defined in UMRA.

Estimated cost to the Federal Government: Currently, the National Highway Traffic Safety Administration (NHTSA) regulates

‘‘motor-driven cycles,’’ which are defined as motorcycles and

mopeds with less than five horsepower. By assigning jurisdiction of

low-power electric bicycles to the CPSC, NHTSA may expend fewer

resources on regulating a relatively low-risk transportation vehicle,

but would still be responsible for enforcing safety regulations for

motor-driven cycles that have gasoline engines, that are capable of

speeds greater than 20 mph, or that have more than one horsepower. Additional costs to the federal government would occur

should the CPSC decide that, to assure consumer safety, low-power

electric bicycles require new regulations. CBO estimates that discretionary costs for implementing potential new safety regulations

would be less than $500,000 per year. The costs of this legislation

fall within budget function 550 (health).

Pay-as-you-go considerations: None.

Estimated impact on State, Local, and Tribal Governments: H.R.

2592 contains an intergovernmental mandate as defined in UMRA.

The bill would expressly preempt state laws and regulations governing low-speed electric bicycles that contain more stringent requirements than those established by the Consumer Product Safety

Commission. Because states vary significantly in their regulation of

consumer products and information about the operation of such

programs is limited, CBO cannot determine with certainty the effect of this bill on state budgets. However, because the state statutes we reviewed largely regulate the use of low-speed electric bicycles in traffic, not the standards by which they are produced, CBO

estimates that any costs to states, primarily lost revenue from

fines, would likely to minimal and would not exceed the threshold

established by UMRA ($55 million in 2000, adjusted annually for

inflation).

Estimated impact on the private sector: The bill would authorize

the CPSC to expand the existing regulations for bicycles to include

new regulations for low-speed electric bicycles. Industry experts

stated that, should the CPSC decide to regulate low-speed bicycles

in the same category as bicycles, those requirements would be less

burdensome for manufacturers than existing requirements under

NHTSA. Thus, CBO expects that the bill would impose no new private-sector mandates.

Estimate prepared by: Federal Costs: Charles Betley; Impact on

State, Local, and Tribal Governments: Shelley Finlayson; and Impact on the Private Sector: Jean Wooster.

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office

pursuant to section 423 of the Unfunded Mandates Reform Act.

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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the

Federal Advisory Committee Act were created by this legislation.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause

3, which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes.

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the

terms and conditions of employment or access to public services or

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act.

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Consumer Product Safety Act

This section classifies low-speed electric bicycles as consumer

products within the meaning of the Consumer Products Safety Act,

making them subject to regulation and oversight by the Consumer

Product Safety Commission. Low-speed electric bicycles are defined

as two- or three-wheeled vehicles with fully operable pedals and an

electric motor of less than 750 watts (1 h.p.), whose maximum

speed on a paved level surface, when powered solely by such a

motor while ridden by an operator who weighs 170 pounds, is less

than 20 mph. This definition derives from the Department of

Transportation’s definition of electric bicycles used in the Bicycle

Transportation and Pedestrian Walkways provisions of section

217(j) of title 23 of the U.S. Code, which provides that the term

‘‘electric bicycle’’ means any bicycle or tricycle with a low-powered

electric motor weighing under 100 pounds, with a top motor-powered speed not in excess of 20 miles per hour. Any State laws or

requirements governing low-speed electric bicycles that are more

stringent than those of the Commission are superseded.

Section 2. Motor vehicle safety standards

This section clarifies that in transferring jurisdiction over lowspeed electric bicycles to the Consumer Product Safety Commission, those bicycles will no longer be regulated as motor vehicles

and subject to the jurisdiction of the Department of Transportation

and the National Highway Traffic Safety Administration.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic,

existing law in which no change is proposed is shown in roman):

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SECTION 38 OF THE CONSUMER PRODUCT SAFETY ACT

LOW-SPEED ELECTRIC BICYCLES

SEC. 38. (a) Notwithstanding any other provision of law, lowspeed electric bicycles are consumer products within the meaning of

section 3(a)(1) and shall be subject to the Commission regulations

published at section 1500.18(a)(12) and part 1512 of 16 CFR.

(b) For the purpose of this section, the term ‘‘low-speed electric bicycle’’ means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such

a motor while ridden by an operator who weighs 170 pounds, is less

than 20 mph.

(c) To further protect the safety of consumers who ride low-speed

electric bicycles, the Commission may promulgate new or amended

requirements applicable to such vehicles as necessary and appropriate.

(d) This section shall supersede any State law or requirement

with respect to low-speed electric bicycles to the extent that such

State law or requirement is more stringent than the Federal law or

requirements referred to in subsection (a).

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