[House Report 107-5]
[From the U.S. Government Publishing Office]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-5
======================================================================
LOW-SPEED ELECTRIC BICYCLES
_______
March 5, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Tauzin, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 727]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 727) to amend the Consumer Product Safety Act to
provide that low-speed electric bicycles are consumer products
subject to such Act, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 1
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Committee on Government Reform Oversight Findings................ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
The purpose of H.R. 727 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 low-speed 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
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 (power-assisted) 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 (power-on-demand) can be operated
solely by an electric motor, but still use lightweight frames,
are used in a manner similar to non-powered bicycles. They have
maximum motorized speeds not greater than those typical of a
reasonably athletic bicyclist while biking.
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 that work in traffic-congested areas.
Power-on-demand, 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 * * *.''
If NHTSA were to enforce its regulations on low-speed
electric bicycles strictly, 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. It is
estimated 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.
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 shouldbe regulated in the same
manner and under the same agency (the CPSC) as human-powered bicycles.
Hearings
The Committee has not held any hearings on H.R. 727.
Committee Consideration
On February 28, 2001, the Committee on Energy and Commerce
met in open markup session and ordered H.R. 727 reported to the
House, 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. 727 reported.
Committee Oversight Findings
The Committee did not hold a legislative or oversight
hearing on H.R. 727 in the 107th Congress.
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.
727, 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.
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, March 5, 2001.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 727, a bill to
amend the Consumer Product 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 contact is Charles
Betley.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 727--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 low-power 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 would also preempt
state laws affecting such vehicles which are more stringent
than the Federal Consumer Products Safety Act. 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 a year, subject to the availability of
appropriated funds.
H.R. 727 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 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,H.R. 727 may allow NHTSA to expend fewer resources on
regulating a relatively low-risk transportation vehicle, but NHTSA
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 a 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. 727 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 bicycles in traffic, not
the standards by which they are produced, CBO estimates that
any costs to the states, primarily lost revenue from fines,
would likely be 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 L. Betley;
impact on State, local and tribal governments: Shelley
Finlayson; impact on the private sector: Jean Talarico.
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.
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
Section 1 classifies low-speed electric bicycles as
consumer products within the meaning of the Consumer Product
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 is
derived 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, that defines ``electric bicycle'' as meaning 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. To further provide for the safety of
consumers, this section gives the Commission authority to
``promulgate new or amended requirements applicable to such
vehicles as necessary and appropriate.'' 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
Section 2 clarifies that in transferring jurisdiction over
low-speed electric bicycles to the Consumer Product Safety
Commission, those bicycles will no longer be regulated as motor
vehicles 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 (new matter is
printed in italic):
CONSUMER PRODUCT SAFETY ACT
* * * * * * *
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 title 16, Code of Federal Regulations.
(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).