Office of the County Executive*

The increasing number of e-bike accidents involving youths under the age of 16 presents a public health and safety danger in Marin. Response: Agree The Marin County Public Health Bicycle Safety Dashboard displays ambulance responses to bike accidents countywide (distinguished by e-bikes and conventional bicycles), and is updated weekly. Since the County began collecting this data in October 2023, we have seen that riders aged 10-15 years are five times more likely to have an e-bike accident compared to any other age group. The accident rate for conventional bicycles is similar across all age groups.

The operation of class 2 e-bikes by operators under the age of 16 poses a significant risk to the safety of e-bike operators, other bike riders, passengers, and pedestrians on sidewalks, streets, multi-use paths, and trails in Marin. Response: Agree Class 2 e-bikes allow rapid acceleration via a throttle without the need to pedal. Class 2 e-bikes are functionally similar to a motorcycle but are operable by young people with no licensing or training requirements - and therefore are presumed to pose a greater risk to younger riders. Additionally, class 2 e-bikes may be modified by users with after-market technology to go beyond their manufacturer-set top speed of 20 mph. Class 1 e-bikes require pedaling for the electric motor to assist with propulsion, which means the bike takes longer to accelerate, and there is greater stabilization for the rider. Because class 1 electric motors require pedaling to activate, these e-bikes cannot be as easily modified with after-market technology to increase top speed. It is important to note that while Marin County tracks e-bike vs. conventional bike injuries, e-bike class is not currently incorporated into this data. More data is needed to definitively determine the greater risk that class 2 e-bikes pose to youth riders as opposed to class 1 e-bikes.

The emerging and increasing safety issues related to class 2 e-bike use by operators under the age of 16 has not been addressed by Marin County or the municipalities in a uniform manner. Response: Partially Disagree State Law currently requires class 3 e-bikes riders to be 16 years and older. However, State Law does not currently require an age limit for class 1 and 2 e-bike riders. The current State Vehicle Code does not allow local jurisdictions to impose age limits for riders of Class 1 or 2 e- bikes, as that would supersede existing state law. Therefore, local jurisdictions and schools across the state are faced with limited enforcement and legal tools to regulate the use of class 2 e-bikes by riders under the age of 16. For this reason, youth e-bike safety regulations are inherently inconsistent across Marin and across the state. However, the County of Marin has taken proactive measures to inform residents of the safety risks e-bikes pose to young riders, as seen in local injury data. In November 2023, Marin County County of Marin Response to Grand Jury Findings and Recommendations COLUMN County of Marin Response to Grand Jury Report Findings and Recommendations "With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk" (April 26, 2024) Public Health issued a Public Health Advisory to inform the community that e-bike accident rates for youths 10-19 years old was nine times higher than for other age groups. The Advisory, timed before the holidays, encouraged parents to properly research the risks of e-bikes and recommended that only class 1 e-bikes should be purchased for school-age children. Furthermore, the County of Marin sponsored and supports California Assembly Bill 1778 (Connolly, 2024), which would address e-bike safety by amending Section 21214.5 of the State Vehicle Code to allow, on a pilot basis, local jurisdictions within Marin County to adopt a local ordinance limiting the age of class 2 e-bike riders and impose helmet requirements for riders of all ages. Specifically, the ordinance would "establish the Marin Electric Bicycle Safety Pilot Program that would, until January 1, 2029, authorize a local authority within the County of Marin, or the County of Marin in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 16 years of age from operating a class 2 electric bicycle." Adoption of this bill by the State Legislature would be a first step in developing meaningful and uniform e-bike regulations in Marin, as it would allow the County and municipalities to adopt enforceable age-limits for class 2 e-bikes riders. However, it is important to note that, at the state and local level, the only legal tools to improve safety for young riders are age-limits regulated by law enforcement, and safety requirements on e-bikes manufactured in California. The most impactful e-bike safety regulation must come from the federal government. The Consumer Product Safety Commission (CPSC) has the authority to impose nationwide safety regulations for e-bikes - including those specifically to protect children - under the Federal Hazardous Substance Act and the Consumer Product Safety Act. Some examples of federal regulation that would improve e-bike safety include: Requirements for national data collection of e-bike injury by age and by e-bike class; . Product safety advertising and labeling requirements for all e-bikes sold in the U.S; . Required, not recommended, appropriate age limits for e-bikes, supported by data on the risk of injury. In January 2024, District 1 Supervisor Mary Sackett met with commissioners from the federal CPSC to discuss Marin's local e-bike safety data and to urge the commission to impose new, stronger federal safety regulations on e-bikes, especially for young riders. On May 8, 2024, Supervisor Sackett, along with California Assembly Member Damon Connolly and Marin County Public Health Officer Matt Willis, testified at the CPSC Agenda and Priorities Hearing to petition the commission to take up e-bike safety as a high-priority consumer protection issue. Also in May 2024, the Board of Supervisors and Dr. Willis submitted comments to the CPSC's Advanced Notice of Proposed Rulemaking regarding development of a federal rule to address the risk of injury associated with electric bicycles.

For all practical purposes, the state of California has abdicated its responsibility to regulate the use of class 2 e-bikes, leaving it up to the County of Marin and the Marin municipalities to create their own regulations. Response: Wholly Disagree There has been a significant amount of legislation introduced in recent years targeting e-bike safety and ridership. However, it is important to note that the State, as well as municipalities, must balance more stringent e-bike regulations with the fact that e-bikes play an important role County of Marin Response to Grand Jury Findings and Recommendations COURT County of Marin Response to Grand Jury Report Findings and Recommendations "With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk" (April 26, 2024) in advancing California climate and emission reduction goals. Additionally, it is important to note that Marin County is far ahead of other jurisdictions in addressing e-bike safety. Several bills introduced in recent years targeting e-bikes include, but are not limited to: State Assembly Bill 1096 (Chiu, 2015) currently regulates class 2 and other e-bikes. Among its provisions is a requirement that all riders under age 17 wear a helmet on any type of bicycle; that the maximum speed for a class 2 e-bike be established at 20 mph; and that all e-bikes in California be equipped with an identifying sticker for use by traffic enforcement. State Senate Bill 381 (Min, 2023) requires the Mineta Transportation Institute at San . Jose State University to conduct a study to inform efforts to improve the safety of e-bikes and to submit a report of the findings from the study to the Legislature by January 2026. The bill would require the study to examine, identify, and analyze available information regarding, among other things, data on injuries, crashes, emergency room visits, and deaths related to bicycles and electric bicycles and best practices for policy to promote safe use of electric bicycles. Proposed State Assembly Bill 2234 (Boerner, 2024) would authorize the San Diego Electric Bicycle Safety Pilot Program, authorizing a local authority within the County of San Diego, or the County of San Diego in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle. When first introduced, AB 2234 proposed to prohibit children under 12 from operating e-bikes of any class statewide, and would also require all e-bike riders to either possess a driver's license or pass an e-bike safety course. The bill was later modified to be limited to San Diego County. This bill was introduced in the previous session as AB 530. Proposed State Assembly Bill 2259 (Boerner, 2024) would require the California State . Transportation Agency (DMV) to develop and distribute, on or before September 1, 2025, a bicycle safety handbook that includes information on, among other things, existing laws regulating bicycles and e-bikes. Proposed State Assembly Bill 1774 (Dixon, 2024) aims to curb the sales of e-bike modification devices which can increase the speed of e-bikes through after-market modifications. The bill would prohibit the sale of any product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. Proposed Assembly Bill 1778 (Connolly, 2024) would allow Marin County, or any municipality in Marin County, to adopt ordinances limiting the age of class 2 e-bike riders to 16 and older, and would require all class-2 e-bike riders to wear a helmet. When first introduced, AB 1778 proposed to prohibit youth under 16 from operating class 2 e-bikes statewide, but was later modified to be limited to Marin County. As stated in our response to F3 above, the most effective regulations in this area would be federal in nature, with national guidelines on e-bike speed and accurate labeling of e-bike classes. County of Marin Response to Grand Jury Findings and Recommendations County of Marin Response to Grand Jury Report Findings and Recommendations "With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk" (April 26, 2024)

The funding to continue the e-bike specific safety and training program (E-bike Smart Marin) provided by the Marin Bicycle Safety Coalition is not sustainable without new sources of funding. Response: Partially Disagree We cannot agree or wholly disagree with this finding, as the Marin Bicycle Safety Coalition is best suited to opine regarding its funding model.

Marin County public schools are not currently able to implement additional bicycle safety training programs for students, beyond what has been offered by Safe Routes to Schools for many years. Partially Disagree Response: We cannot agree or wholly disagree with this finding, as Marin County public schools are best suited to opine regarding school districts' capacity or funding opportunities for bicycle safety funding. County of Marin Response to Grand Jury Findings and Recommendations CONNETTY OF NAME County of Marin Response to Grand Jury Report Findings and Recommendations "With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk" (April 26, 2024) RESPONSE TO GRAND JURY RECOMMENDATIONS The Marin County Civil Grand Jury recommends the following: