Proposed regulation of electric bicycles, known as House Bill 958 (HB 958), aims to address rising public safety concerns linked to e-bike usage in Hawai‘i.
Supporters of the bill, including its author, Rep. Darius Kila, argue that the legislation is crucial due to alarming statistics indicating bicycle-related fatalities have nearly doubled in recent years.
In a statement, Kila highlighted the absence of comprehensive regulations governing electric bicycles and other micromobility devices, stating, “The bill provides a foundational framework to ensure e-bikes can be used safely and responsibly—especially around our keiki and kūpuna.”
Under HB 958, the definition of “high-speed electric device” encompasses vehicles with motors exceeding 750 watts capable of speeds over 28 mph.
However, Governor Josh Green has expressed constitutional concerns about the bill, suggesting it could infringe upon the Commerce Clause and the Equal Protection Clause of the U.S. Constitution.
The Commerce Clause is enacted to regulate business activities affected by interstate commerce, while the Equal Protection Clause ensures states do not discriminate against individuals or groups without valid reasons.
In a press release, the governor stated that e-cars, unlike mopeds and motorcycles—which are exempt from the bill’s prohibitions—would be affected if the bill were enacted.
The governor included HB 958 in a list of 19 measures he is considering for veto.
Kila, however, insists HB 958 specifically addresses electric bicycles without impacting electric vehicles.
He noted in a memo to Will Kane, a senior adviser to the governor, that the bill is crafted to address regulatory gaps surrounding e-bikes and micromobility devices.
Supporting this viewpoint, Roger Morton, director of Transportation Services for the City and County of Honolulu, provided a letter to Green asserting that HB 958 targets two- and three-wheeled electric mobility devices, clearly separating them from registered motor vehicles, including electric vehicles.
Morton reinforced that significant regulatory frameworks already govern electric vehicles, which carry their own licensing, insurance, and registration requirements—elements that HB 958 would not alter.
Despite the mixed reactions to the bill, Governor Green has indicated he will thoughtfully review the bill during the veto evaluation period.
Kila acknowledged the governor’s willingness to consider all aspects of the bill and maintained an open line for further discussions.
The recent legislative session witnessed a surge in discussions about electric bikes, with over a dozen bills addressing them.
However, HB 958 stood out as the only piece of legislation to advance to the governor’s desk, garnering minimal opposition along the way.
The bill delineates careful definitions for bicycles, e-bikes, and electric micro-mobility devices, offering clarity in regulations.
For instance, e-bikes are classified into three categories:
1. “Class 1 electric bicycle”—a bike that provides assistance only when the rider is pedaling and ceases at 20 MPH.
2. “Class 2 electric bicycle”—an e-bike capable of propelling itself without pedaling, yet not providing assistance at speeds exceeding 20 MPH.
3. “Class 3 electric bicycle”—a bike assisting the rider only while pedaling, with support stopping once the bike reaches 28 MPH.
Additionally, the bill covers electric micro-mobility devices, defined as personal transportation tools weighing no more than 75 pounds.
The legislation also imposes specific safety regulations. For example, individuals under 18 years of age would be required to wear helmets while riding bicycles or electric foot scooters.
The bill introduces further restrictions, stating that individuals under 16 cannot operate Class 3 e-bikes, although those under 14 may use Class 2 e-bikes with supervision.
Eduardo Hernandez, advocacy director for the Hawai‘i Bicycling League, expressed disappointment regarding the bill’s potential veto.
He emphasized that the legislation represents a proactive effort from the Legislature to respond to the growing presence of electric bikes on the streets.
A conference committee report on HB 958 underscores the rising occurrence of bicycle-related fatalities, which has seen yearly e-bike-related deaths since 2021, including tragic instances involving children.
The bill also includes provisions prohibiting the operation of high-speed electric devices on designated roadways and facilities and disallowing unsafe riding behaviors, such as exhibition riding, outside of sanctioned events.
The law would also require manufacturers and distributors of electric bicycles to label their products clearly and prominently.
Among the bill’s supporters is Ed Sniffen, the state Department of Transportation director, who is part of the administration.
In addition to the e-bike regulation, the governor’s veto list includes several other proposals concerning tax credits for solar and film industries, changes to state law on asset forfeiture, and regulations on Māmaki tea labeling.
Governor Green must decide by July 9 whether to sign the bill, allow it to become law without his signature, or veto it.
While a special session could be called to override vetoed bills, such actions are rare in the Legislature.
Separately, the governor and state legislators are also contemplating a special session later this fall to adjust the state budget amid economic considerations related to President Donald Trump’s proposed policies.
image source from：https://www.civilbeat.org/2025/06/hawaii-governor-urged-to-reconsider-possible-veto-of-e-bike-bill/
