S.F. 2354 Section 1. Section 308A.1, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. The department of natural resources, in consultation 3 with the state transportation commission, is hereby authorized 4 to establish recreational bikeways within this state for the 5 use, enjoyment, and participation of the public in nonmotorized 6 bicycling , not including the use of motorized bicycles as 7 defined in section 321.1 . The routes established for such 8 bikeways shall be designed to maximize the safety of cyclists 9 and motorists and may utilize secondary roads when the normal 10 flow of motor vehicle traffic will not be hindered, as well 11 as other infrequently traveled roads, streets, parkways, and 12 appropriate thoroughfares. Such bikeways shall be routed, 13 wherever possible, to allow the enjoyment of scenic views and 14 points of historical interest, and may connect state parks and 15 other recreational areas throughout the state. 16 Sec. 2. Section 321.1, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 036A. “Low-speed electric bicycle” means 19 a device having a saddle or seat for the use of a rider, two 20 or three wheels equipped with fully operable pedals, and an 21 electric motor of less than seven hundred fifty watts that 22 meets the requirements of one of the following classes: 23 a. “Class 1 low-speed electric bicycle” means a low-speed 24 electric bicycle equipped with a motor that may be used to 25 provide assistance only when the rider is pedaling and that 26 ceases to provide assistance when the bicycle reaches a speed 27 of twenty miles per hour or more. 28 b. “Class 2 low-speed electric bicycle” means a low-speed 29 electric bicycle equipped with a motor that may be used 30 exclusively to propel the bicycle and that is not capable of 31 providing assistance when the bicycle reaches a speed of twenty 32 miles per hour or more. 33 c. “Class 3 low-speed electric bicycle” means a low-speed 34 electric bicycle equipped with a motor that may be used to 35 -1- LSB 6304SV (2) 88 mo/ns 1/ 7

S.F. 2354 provide assistance only when the rider is pedaling and that 1 ceases to provide assistance when the bicycle reaches a speed 2 of twenty-eight miles per hour or more. 3 Sec. 3. Section 321.1, subsection 40, Code 2020, is amended 4 to read as follows: 5 a. “Motorcycle” means every motor vehicle having a saddle or 6 seat for the use of the rider and designed to travel on not more 7 than three wheels in contact with the ground including a motor 8 scooter but excluding a tractor, an autocycle, a low-speed 9 electric bicycle, and a motorized bicycle. 10 b. “Motorized bicycle” means a motor vehicle having a saddle 11 or a seat for the use of a rider, designed to travel on not more 12 than three wheels in contact with the ground, and not capable 13 of operating at a speed in excess of thirty-nine miles per 14 hour on level ground unassisted by human power , but excluding 15 a low-speed electric bicycle . 16 c. “Bicycle” means either of the following: 17 (1) A device having two wheels and having at least one 18 saddle or seat for the use of a rider which is propelled by 19 human power. 20 (2) A device having two or three wheels with fully operable 21 pedals and an electric motor of less than seven hundred fifty 22 watts (one horsepower), whose maximum speed on a paved level 23 surface, when powered solely by such a motor while ridden, is 24 less than twenty miles per hour A low-speed electric bicycle . 25 Sec. 4. Section 321.1, subsection 90, paragraph a, Code 26 2020, is amended to read as follows: 27 a. Any device moved by human power , including a low-speed 28 electric bicycle . 29 Sec. 5. NEW SECTION . 321.235B Low-speed electric bicycles 30 —— labels —— operation. 31 1. A manufacturer or distributor of low-speed electric 32 bicycles shall apply a label that is permanently affixed 33 in a prominent location to each of the manufacturer’s or 34 distributor’s low-speed electric bicycles. The label shall 35 -2- LSB 6304SV (2) 88 mo/ns 2/ 7

S.F. 2354 contain all of the following information printed in arial font 1 with a font size not less than nine point type: 2 a. A classification number for the low-speed electric 3 bicycle that corresponds with a class defined in section 321.1, 4 subsection 036A. 5 b. The low-speed electric bicycle’s top assisted speed. 6 c. The low-speed electric bicycle’s motor wattage. 7 2. A person shall not knowingly modify the speed capability 8 or engagement of a low-speed electric bicycle such that the 9 low-speed electric bicycle does not qualify for a class defined 10 in section 321.1, subsection 036A. If a person has modified 11 the speed capability or engagement of a low-speed electric 12 bicycle, the person shall affix a new label containing the 13 information listed in subsection 1 to the modified low-speed 14 electric bicycle. 15 3. A low-speed electric bicycle shall be manufactured and 16 equipped in compliance with 16 C.F.R. pt. 1512. 17 4. A low-speed electric bicycle shall be manufactured to 18 operate in such a manner that when the rider stops pedaling, 19 applies the brakes, or the electric motor is disengaged, the 20 electric motor assist ceases to function. 21 5. A class 3 low-speed electric bicycle shall not be 22 operated unless it is equipped with a speedometer that displays 23 its speed in miles per hour. 24 6. A person under the age of sixteen shall not operate a 25 class 3 low-speed electric bicycle. A person under the age of 26 sixteen may ride as a passenger on a class 3 low-speed electric 27 bicycle in compliance with section 321.234, subsection 4. 28 7. A person operating a low-speed electric bicycle on a 29 highway is subject to the provisions of this chapter applicable 30 to a rider of a bicycle on a highway and has all the rights and 31 duties under this chapter applicable to a rider of a bicycle, 32 except those provisions of this chapter which by their nature 33 can have no application, or except as otherwise provided in 34 this section. 35 -3- LSB 6304SV (2) 88 mo/ns 3/ 7

S.F. 2354 8. Except for provisions of the Code made specifically 1 applicable to low-speed electric bicycles in this section, 2 low-speed electric bicycles are not subject to provisions of 3 the Code applicable to vehicles, including provisions relating 4 to all of the following: 5 a. Licensure, registration, titling, inspection, and proof 6 of financial liability coverage. 7 b. Possession of a driver’s license or permit. 8 9. A low-speed electric bicycle may be operated in any 9 place where a bicycle is allowed to operate, including but not 10 limited to streets, highways, roadways, shoulders, bicycle 11 lanes, bikeways, and bicycle or multi-use paths. 12 Sec. 6. Section 322D.1, subsection 8, Code 2020, is amended 13 to read as follows: 14 8. “Motorcycle” means a motor vehicle as defined in section 15 321.1 other than an all-terrain vehicle, which has a saddle 16 or seat for the use of a rider and that is designed to travel 17 on not more than two wheels in contact with the ground, but 18 excluding a motorized bicycle , a low-speed electric bicycle, or 19 autocycle as defined in section 321.1 . 20 Sec. 7. Section 805.8A, subsection 9A, Code 2020, is amended 21 to read as follows: 22 9A. Electric personal assistive mobility device 23 violations. For electric device violations under section 24 321.235A the following sections , the scheduled fine is fifteen 25 dollars. is as follows: 26 a. Section 321.235A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 27 b. Section 321.235B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 28 Sec. 8. APPLICABILITY. Section 321.235B, subsections 1 and 29 2, as enacted in this Act, apply to low-speed electric bicycles 30 manufactured or distributed on or after January 1, 2021. 31 Sec. 9. APPLICABILITY. Section 321.235B, subsections 3 and 32 4, as enacted in this Act, apply to low-speed electric bicycles 33 manufactured or distributed on or after the effective date of 34 this Act. 35 -4- LSB 6304SV (2) 88 mo/ns 4/ 7

S.F. 2354 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 Under current law, the definition of “bicycle” includes 4 a device with fully operable pedals and an electric motor of 5 less than 750 watts with a maximum speed of less than 20 miles 6 per hour when powered solely by the electric motor. This bill 7 strikes that provision and includes low-speed electric bicycles 8 within the definition of “bicycle”. The bill defines the term 9 “low-speed electric bicycle”, including three defined classes. 10 The bill excludes low-speed electric bicycles from the 11 definitions of “vehicle”, “motorcycle”, and “motorized bicycle” 12 under Code section 321.1, thereby making the provisions of Code 13 chapter 321 (motor vehicles and law of the road) relating to 14 vehicles, motor vehicles, automobiles, cars, motorcycles, and 15 motorized bicycles inapplicable to low-speed electric bicycles. 16 The bill also excludes low-speed electric bicycles from the 17 definition of “motorcycle” under Code section 322D.1. 18 Under the bill, a person operating a low-speed electric 19 bicycle on a highway is subject to the provisions of Code 20 chapter 321 applicable to a rider of a bicycle on a highway and 21 has all the rights and duties under Code chapter 321 applicable 22 to a rider of a bicycle. Under Code section 321.234, a person 23 riding a bicycle on a highway is subject to the provisions of 24 Code chapter 321 and has all the rights and duties applicable 25 to a driver of a vehicle, except those provisions which by 26 their nature can have no application. Code section 321.234 27 prohibits a person from using a bicycle on a highway to carry 28 more persons at one time than the number of persons for which 29 the bicycle is designed and equipped. Code section 321.281 30 prohibits a person operating a motor vehicle from steering 31 the motor vehicle unreasonably close to or toward a person 32 riding a bicycle on a highway, including the roadway or the 33 shoulder adjacent to the roadway, and prohibits a person from 34 knowingly projecting any object or substance at or against a 35 -5- LSB 6304SV (2) 88 mo/ns 5/ 7

S.F. 2354 person riding a bicycle on a highway. Code section 321.397 1 requires bicycles to at certain times be equipped with a lamp 2 on the front exhibiting a white light and a lamp on the rear 3 exhibiting a red light, except that a red reflector may be used 4 in lieu of a rear light. Code section 321.434 prohibits a 5 bicycle from being equipped with, and a person from using upon 6 a bicycle, any siren or whistle. 7 By operation of law, a local authority is authorized to 8 regulate low-speed electric bicycles under Code section 9 321.236(10). 10 The bill provides that except for provisions of the Code 11 made specifically applicable to low-speed electric bicycles 12 in the bill, low-speed electric bicycles are not subject to 13 the provisions of the Code applicable to vehicles, including 14 provisions relating to licensure, registration, titling, 15 inspection, proof of financial liability coverage, and 16 possession of a driver’s license or permit. 17 The bill provides that a person may operate a low-speed 18 electric bicycle any place where a bicycle is allowed to 19 operate, including but not limited to streets, highways, 20 roadways, shoulders, bicycle lanes, bikeways, and bicycle or 21 multi-use paths. 22 Beginning January 1, 2021, the bill requires manufacturers 23 and distributors of low-speed electric bicycles to apply a 24 label to each low-speed electric bicycle identifying the 25 class of the bicycle, the bicycle’s top assisted speed, and 26 the bicycle’s motor wattage. The bill further prohibits a 27 person from modifying the speed capability or engagement of a 28 low-speed electric bicycle such that the low-speed electric 29 bicycle does not qualify for a class as provided for in the 30 bill. A person who has modified the speed capability or 31 engagement of a low-speed electric bicycle must affix a new 32 label containing the required information as provided for in 33 the bill to the modified low-speed electric bicycle. 34 The bill also requires that low-speed electric bicycles 35 -6- LSB 6304SV (2) 88 mo/ns 6/ 7

S.F. 2354 be manufactured in compliance with 16 C.F.R. pt. 1512 and be 1 manufactured to operate in such a manner that when the rider 2 stops pedaling, applies the brakes, or the electric motor is 3 disengaged, the electric motor assist ceases to function. 4 The bill provides that a class 3 low-speed electric bicycle 5 shall not be operated unless it is equipped with a speedometer 6 that displays its speed in miles per hour. The bill also 7 prohibits persons under the age of 16 from operating a class 3 8 low-speed electric bicycle. However, such persons may ride as 9 a passenger on a class 3 low-speed electric bicycle. 10 A violation of the bill is punishable by a scheduled fine of 11 $15. 12 The bill makes a conforming change to Code section 308A.1 13 related to the establishment of recreational bikeways. 14 -7- LSB 6304SV (2) 88 mo/ns 7/ 7