1 | 1 | | 1 of 1 |
---|
2 | 2 | | SENATE DOCKET, NO. 1587 FILED ON: 1/19/2023 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2230 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Sal N. DiDomenico |
---|
8 | 8 | | _________________ |
---|
9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
---|
10 | 10 | | Court assembled: |
---|
11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
---|
12 | 12 | | An Act relative to class 3 electric bicycles. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkMichael J. BarrettThird Middlesex2/14/2023 1 of 2 |
---|
16 | 16 | | SENATE DOCKET, NO. 1587 FILED ON: 1/19/2023 |
---|
17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2230 |
---|
18 | 18 | | By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2230) of Sal N. DiDomenico |
---|
19 | 19 | | and Michael J. Barrett for legislation relative to class 3 electric bicycles. Transportation. |
---|
20 | 20 | | The Commonwealth of Massachusetts |
---|
21 | 21 | | _______________ |
---|
22 | 22 | | In the One Hundred and Ninety-Third General Court |
---|
23 | 23 | | (2023-2024) |
---|
24 | 24 | | _______________ |
---|
25 | 25 | | An Act relative to class 3 electric bicycles. |
---|
26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
27 | 27 | | of the same, as follows: |
---|
28 | 28 | | 1 Section 1 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is |
---|
29 | 29 | | 2hereby amended by inserting after the definition of “Class 2 electric bicycle” the following |
---|
30 | 30 | | 3definition:- |
---|
31 | 31 | | 4 "Class 3 – an electric bicycle equipped with a motor that provides assistance only when |
---|
32 | 32 | | 5the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of |
---|
33 | 33 | | 628 miles per hour;" |
---|
34 | 34 | | 7 Section 1 of chapter 90, as so appearing, is hereby further amended by inserting within |
---|
35 | 35 | | 8the definition of “Department” the following definition:- |
---|
36 | 36 | | 9 “'Electric bicycle”, a bicycle or tricycle equipped with fully operable pedals and an |
---|
37 | 37 | | 10electric motor of 750 watts or less that meets the requirements of a class 1 electric bicycle, class |
---|
38 | 38 | | 112 electric bicycle, or class 3 electric bicycle." 2 of 2 |
---|
39 | 39 | | 12 Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby |
---|
40 | 40 | | 13amended by inserting in section 11B¾ the following:- |
---|
41 | 41 | | 14 "Class 3 electric bicycles shall not be ridden on a bike path or shared-use path unless |
---|
42 | 42 | | 15permitted by the municipality, local authority or state agency having jurisdiction over that path; |
---|
43 | 43 | | 16 A municipality, local authority or state agency with jurisdiction over a natural surface |
---|
44 | 44 | | 17trail designated for bicycle use made by clearing and grading the soil, after public notice and a |
---|
45 | 45 | | 18public hearing may adopt ordinances or regulations prohibiting or otherwise regulating the |
---|
46 | 46 | | 19operation of electric bicycles on such paths, including, but not limited to, the imposition of speed |
---|
47 | 47 | | 20limits." |
---|
48 | 48 | | 21 Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby |
---|
49 | 49 | | 22amended by striking in section 11B3/4 the following:- |
---|
50 | 50 | | 23 "(d) An electric bicycle shall not be operated on a trail designated for nonmotorized |
---|
51 | 51 | | 24traffic, that a municipality, local authority or state agency has jurisdiction over, if such trail has a |
---|
52 | 52 | | 25natural surface tread made by clearing and grading the soil and no surfacing materials have been |
---|
53 | 53 | | 26added; provided, however, that a municipality, local authority or state agency after public notice |
---|
54 | 54 | | 27and a public hearing may adopt ordinances or regulations permitting or otherwise regulating the |
---|
55 | 55 | | 28use of electric bicycles on such a trail within its jurisdiction, including, but not limited to, the |
---|
56 | 56 | | 29imposition of speed limits." |
---|
57 | 57 | | 30 Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby |
---|
58 | 58 | | 31amended by striking in section 11B3/4 (b) the following:- "that electric bicycles shall not be |
---|
59 | 59 | | 32ridden or operated on sidewalks." |
---|