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House Transportation Committee advances e-bike rules, raises DOT contract caps and moves multiple measures; several bills deferred

February 01, 2025 | House Committee on Transportation, House of Representatives, Legislative , Hawaii


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House Transportation Committee advances e-bike rules, raises DOT contract caps and moves multiple measures; several bills deferred
The House Committee on Transportation met at the Hawaii State Capitol for a 10:00 a.m. agenda and a separate 10:30 a.m. decision-making session, advancing a package of bills on electric bicycles and micro-mobility, approving several Department of Transportation (DOT) measures to increase contracting caps and bond authority for harbor improvements, and taking both pass-with-amendments and deferral actions on a range of other bills.

The committee's highest-profile action was adopting amended, omnibus language on electric bicycles and micro-mobility devices that (1) classifies Class 1–3 electric bicycles by motor output and top assisted speed, (2) designates higher‑power, faster devices as high-speed electric devices (HSEDs) that are prohibited from public roadways and bike paths, (3) restricts certain Class 3 uses for riders under age 15, (4) requires helmets for riders under 18, (5) preserves point‑of‑sale labeling and disclosure requirements, and (6) directs a public safety education program. The chair noted the changes were designed to provide statewide consistency while allowing counties to tailor implementation and to address Oahu-specific concerns.

Why it matters: lawmakers said the package seeks to balance safety and affordability — allowing Class 1 and 2 e-bikes broadly while limiting the places and ages for higher-speed Class 3 bikes and explicitly removing extremely powerful devices from public ways. Committee members said the package responds to complaints about large, high-powered two-wheelers being used like motorcycles while preserving economical transportation options for residents.

Substantive testimony and concerns
- Evan Oye, representing the Hawaii Association for Justice, opposed HB 860 (abolishing joint-and-several liability for government entities in highway claims), arguing that reducing government liability would remove accountability for safe design and maintenance and harm public safety. "We respectfully oppose this measure," Oye said, arguing the bill would "reduce government's responsibility to safely design and maintain our highways." (testimony, public comment)

- Amanda West, Deputy Attorney General, urged amendment of HRS 663-10.5 to restore proportionate-share liability for highway design and maintenance claims, saying the State has paid more than its share in some cases and that taxpayers have borne those costs: "taxpayers pay for the reckless actions of others, including drunk drivers. And that money would be far better spent on improvement of highways." (Attorney General's office)

- Dre Khalili, Deputy Director of Transportation for Harbors, told the committee that many harbor projects are costlier than when statutory ceilings were set and that raising caps would let the harbors division deliver larger projects more efficiently: "a lot of the projects that would use this provision in law, are a lot more expensive than they were when that ceiling was set in the nineties." (Department of Transportation for Harbors)

- Robert Sato, vice president and co‑founder of Moped Doctors, testified in opposition to several proposed e-bike restrictions, urging more study and stakeholder involvement: "we oppose this bill because we think there should be more studies done before we go through with this." (Moped Doctors)

Committee decisions and next steps
The committee handled the measures in two phases: the 10:00 a.m. informational/testimony portion and a 10:30 a.m. decision-making session. For bills the chair recommended passing with amendments, the committee typically adopted the HD1 or technical changes, set an effective date of 07/01/3000 for statutory scheduling, left blank appropriation amounts for later action by the Finance Committee, and noted Department of Transportation and Public Utilities Commission comments for follow-up.

Votes at a glance (committee action)
- HB 135 (land; general obligation bonds for purchase of property at 604486 Kamehameha Hwy, North Shore): Passed with amendments (HD1 adopted); effective-date deferred to 07/01/3000; committee report to note appropriation to be determined by Finance. (Chair's recommendation adopted.)

- HB 860 (liability; immunity for repair/maintenance of streets in dispute): Passed with amendments (HD1 adopted); effective-date deferred to 07/01/3000; technical amendments; committee report to note opposition comments. (Chair's recommendation adopted.)

- HB 996 (abolish joint-and-several liability for government entities in highway-related claims): Deferred. Committee explanation cited longstanding policy on government responsibility for safe roads and that the measure is not necessary now. (Chair's recommendation: defer.)

- HB 1167 (emergency appropriation from State Highway Fund for motor carrier enforcement): Passed with amendments (HD1 adopted); appropriation amount left blank for Finance. (Chair's recommendation adopted.)

- HB 1259 (requires engineering studies when reducing maximum speed by more than 10 mph): Passed with amendments (HD1 adopted). (Chair's recommendation adopted.)

- HB 1156 (increase total principal amount of special facility revenue bonds for DOT harbor improvements): Passed with amendments (HD1 adopted); appropriation amount and ceiling language noted for Finance. (Chair's recommendation adopted.)

- HB 960 (increase cap/aggregate limits for DOT capital advance contracts; reporting requirements): Passed with amendments (HD1 adopted); reporting timeline amended to align with fiscal year; committee blanked fiscal references for Finance. (Chair's recommendation adopted.)

- HB 1157 (related capital advance contract measure with similar intent to HB 960): Deferred as duplicative of HB 960. (Chair's recommendation: defer.)

- HB 142 (motor carriers; exemption for nonprofit community-based organizations under certain circumstances): Passed with amendments (HD1 adopted); committee report to note PUC concerns about defining "nonprofit community-based organization" and to request clarifying definitions for future refinement. (Chair's recommendation adopted.)

- HB 914 (water carriers; inflationary cost index mechanism / PUC exemptions): Passed with amendments (HD1 adopted); chair said PUC recommended substituting "may" for "shall" in one place but retained HD1 language for now. (Chair's recommendation adopted.)

- HB 486, HB 435, HB 958, HB 435 (electric-bicycle classification/registration/operations bills) and related measures: The committee adopted omnibus amendments across these measures to align definitions, require point-of-sale labeling, restrict Class 3 sidewalk use, require helmets under age 18, define HSEDs (devices with motor output above 750 watts and capable of over 20–28 mph), and remove the criminal prohibition language for certain low‑speed classes; effective dates were deferred to 07/01/3000 and funding lines left blank for Finance. (Chair's recommendations adopted.)

- HB 708 and HB 184 (licenses, insurance and local applicability for Class 3 e-bikes): Passed with amendments limited to Class 3 bikes, with applicability restricted to counties with populations of 500,000 or more; licensing language was amended to reduce barriers (exemption from motorcycle written test and from a road test for applicants lacking car access). (Chair's recommendations adopted.)

Several committee actions were adopted by voice vote; when a recorded roll call was read the chair incorporated the yes votes and noted excused members. For multiple measures the chair directed that appropriation amounts remain blank and that the Finance Committee determine requested dollar amounts.

What the committee did not do: the committee deferred measures it found duplicative or not needed at this time (for example, HB 996 and HB 1157) and accepted testimony asking for clearer statutory definitions (Public Utilities Commission on nonprofit definitions; DOT and HPD on device categories and enforcement thresholds).

Where items go next: bills that passed with amendments will be reported out of committee with committee reports that note technical edits and unresolved appropriation amounts to be decided by Finance. Deferred bills may be resubmitted or refiled with edits.

Ending: committee members and the chair said they will continue refining the e-bike classifications and related registration, labeling and public‑education work, and that Oahu-specific operational concerns would be coordinated with county agencies as counties finalize local rules.

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