ASSEMBLY TRANSPORTATION AND INDEPENDENT AUTHORITIES COMMITTEE STATEMENT TO ASSEMBLY, No. 5295 with committee amendments STATE OF NEW JERSEY DATED: FEBRUARY 13, 2025 The Assembly Transportation and Independent Authorities Committee reports favorably and with committee amendments Assembly Bill No. 5295. As amended and reported, this bill requires a person seeking to sell, lease, rent, or otherwise distribute, or offer for sale, lease, rental, or distribution, a class 1 electric bicycle, a class 2 electric bicycle, or a motorized bicycle to ensure that the storage battery used in such bicycle has been tested by an accredited testing laboratory for compliance with certain standards, as outlined in the bill. The bill also requires a person seeking to sell, lease, rent, or otherwise distribute, or offer for sale, lease, rental, or distribution, a storage battery used in a class 1 electric bicycle, a class 2 electric bicycle, or a motorized bicycle to ensure that the storage battery has been tested by an accredited testing laboratory for compliance with certain standards, as outlined in the bill, and that the battery is designed for a class 1 electric bicycle, a class 2 electric bicycle, or a motorized bicycle. Under the bill, a person seeking to rent or offer for rental a charging system for a class 1 electric bicycle, a class 2 electric bicycle, a motorized bicycle, or a storage battery is required to ensure that the charging system has been tested by an accredited testing laboratory for compliance with certain standards, as outlined in the bill. In addition, the bill requires charging systems used for a class 1 electric bicycle, a class 2 electric bicycle, a motorized bicycle, or a storage battery to be certified for use with such bicycles and storage batteries. The bill requires a class 1 electric bicycle, a class 2 electric bicycle, a motorized bicycle, a storage battery, or a charging system to display the logo, wordmark, label, or name of the accredited testing laboratory and the applicable certification standard before being sold, leased, or distributed or offered for sale, lease, or distribution. Under the provisions of the bill, a manufacturer, importer, distributor, or retailer of class 1 electric bicycles, class 2 electric bicycles, motorized bicycles, charging systems, or storage batteries 2 that are subject to testing under the bill is required to provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. The bill further requires an individual seeking to sell, lease, or otherwise distribute, or offer for sale, lease, or distribution, a class 1 electric bicycle, a class 2 electric bicycle, a motorized bicycle, or a storage battery to comply with the testing and certification requirements established pursuant to the bill by January 1, 2026. An individual seeking to rent or offer for rental a class 1 electric bicycle, a class 2 electric bicycle, a motorized bicycle, a storage battery, or a charging system is required to comply with the testing and certification requirements established pursuant to the bill by January 1, 2028. The bill also requires the State Fire Marshal to prepare and adopt regulations that promote the fire and electrical safety of class 1 electric bicycles, class 2 electric bicycles, motorized bicycles, and storage batteries. In addition, the bill amends current law to make certain changes to the classification of electric bicycles. Under current law, “low- speed electric bicycle” is a statutorily defined term that encompasses both “class 1” and “class 2” electric bicycles. This bill separates the definition of “low-speed electric bicycle” into two distinct defined terms: (1) a “class 1 electric bicycle” means a two- wheeled vehicle with fully-operable pedals; a saddle or seat for the rider; and an electric motor of less than 750 watts that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; and (2) a “class 2 electric bicycle” means a two-wheeled vehicle with fully-operable pedals; a saddle or seat for the rider; and an electric motor of less than 750 watts that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. The bill also amends current law to apply the provisions of N.J.S.A.39:4-14.16 and N.J.S.A.39:4-92.4 to both class 1 electric bicycles and class 2 electric bicycles. In addition, the bill provides that any class 1 electric bicycle or class 2 electric bicycle sold, leased, or rented in the State is to comply with the equipment and manufacturing requirements for bicycles established by the United States Consumer Product Safety Commission pursuant to federal regulations. COMMITTEE AMENDMENTS : The committee amended the bill to: (1) replace the definition of “low-speed electric bicycle” in N.J.S.A.39:1-1 with two distinct definitions for “class 1 electric bicycle” and “class 2 electric bicycle,” respectively; 3 (2) replace all references to “low-speed electric bicycle” in N.J.S.A.39:1-1, N.J.S.A.39:4-14.16, and N.J.S.A.39:4-92.4 with “class 1 electric bicycle” and “class 2 electric bicycle”; (3) require class 1 and class 2 electric bicycles sold, leased, or rented in the State to comply with certain federal equipment and manufacturing regulations for bicycles; (4) clarify that, pursuant to N.J.S.A.39:4-14.16, the label containing the classification number, top-assisted speed, and motor wattage of a class 1 or class 2 electric bicycle is to be permanently affixed, in a prominent location, to the frame of each class 1 or class 2 electric bicycle; (5) clarify that those provisions in the bill that regulate the sale, lease, rental, or distribution of “low-speed electric bicycles” now apply to the newly defined terms of “class 1 electric bicycles” and “class 2 electric bicycles”; (6) remove a provision that provides that a motorized bicycle with an electric motor is not to have a motor that is capable of exclusively propelling the bicycle and removes a provision that requires a motorized bicycle with an electric motor to have a maximum motor- powered speed of no more than 28 miles per hour; (7) update the bill’s title and synopsis; and (8) make technical changes to the bill.