ELECTRIC BICYCLES
House Bill 4781 (H-2) as reported from committee
Sponsor: Rep. Holly Hughes
Committee: Tourism and Outdoor Recreation
Complete to 9-15-17 (Enacted as Public Act 138 of 2017)
SUMMARY:
Under the Natural Resources and Environmental Protection Act (NREPA, MCL 324.72105) the Department of Natural Resources (DNR) may operate and maintain a trail that is located on state owned land or enter into an agreement with a council or governmental agencies to provide for the operation and maintenance of the trail among other things.
House Bill 4781 would amend NREPA to allow an individual to operate a Class 1 electric bicycle on a paved trail that has an asphalt, crushed limestone, or similar surface or a rail trail. The bill would allow a local authority or state agency having jurisdiction over a trail to regulate or prohibit the operation of a Class 1 electric bicycle on that trail.
An individual also could operate a Class 2 or Class 3 electric bicycle on a linear trail that has an asphalt, crushed limestone, or similar surface, or rail trail if authorized by the local authority or state agency having jurisdiction over the trail.
Under the bill, an individual could not operate an electric bicycle on a trail that is specifically designed as non-motorized and has a natural surface tread made by clearing and grading the native soil with no added surface materials unless authorized by a local authority or state with jurisdiction over the trail.
The bill would not apply to the use of electric bicycles on a congressionally authorized public trail.
The terms "Electric Bicycle", "Class 1 Electric Bicycle", "Class 2 Electric Bicycle", and "Class 3 Electric Bicycle" would be defined to mean those terms as defined in Section 13E of the Michigan Vehicle code (MCL 257.13E), proposed to be added under House Bill 4782.
FISCAL IMPACT:
House Bill 4781 would have no fiscal impact for the state, specifically the state Department of Natural Resources, or for local units of government.
POSITIONS:
The following organizations support the bills: Department of Natural Resources, BPSA and PeopleForBikes, International Mountain Bicycling Association, Michigan Environmental Council, Michigan Municipal League, National Park Service, Michigan Townships Association, North Country Trail Association, Programs to Educate all Cyclist (PEAC). (9-6-17)
Representatives from the following organizations testified in support of the bills on 9-6-17. American Cycle and Fitness, Bosch, Cherry Capitol Cycling Club, League of Michigan Bicyclists, Mayor and City Council, City of Mackinac Island Convention and Visitors Bureau, Michigan Mountain Biking Association, Michigan Trails and Greenways, Traverse Area Recreation and Transportation, Inc. (TART).
Fiscal Analyst: Austin Scott
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.