SB2989

PART I

SECTION 1. The legislature finds that due to increasingly expensive fossil fuels and a lack of cheaper transit options, Hawaii residents already pay among the highest costs to commute in the country. A 2020 analysis studied all of the direct and indirect costs of car ownership and use in Hawaii and found that local taxpaying families pay about $24,400 per year, but could reduce that cost significantly by switching from three cars per family to two, or two cars to one, and replacing short trips for those family members who are able with electric bicycles or similar mobility devices.

The legislature also finds that the current electric bicycle and moped rebate program, even with minimal promotion and low subsidy, has helped almost three hundred Hawaii families access electric bikes since its inception. However, its reach and effectiveness has been limited by complicated restrictions and a lower rebate than other successful programs.

In 2022, Denver's electric bike rebate program, which provided families with up to a $1,200 rebate, led to considerable cost savings for Denver families, and replaced many trips by car with trips by electric bicycle which helped reduce vehicular traffic on crowded roads by over one hundred thousand vehicular miles weekly. Ninety-six per cent of respondents said the availability of the rebate made the difference when deciding to buy an electric bike.

Accordingly, the purpose of this part is to:

(1) Help reduce the cost of transportation and the traffic on Hawaii's roads by improving the existing electric bicycle and moped rebate program, facilitating the purchase and use of adaptive electric bicycles for persons with disabilities, and expanding eligibility and rebates for electric bicycles to more closely mirror similar successful programs;

(2) Rename and clarify the source of funding for the electric bicycle and moped rebate program; and

(3) Allow for the registration of class 3 electric bicycles that have wheels smaller than twenty inches and that are intended for adult use.

SECTION 2. Section 196-2, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Adaptive electric bicycle" means any bicycle that is modified to fit the needs of an individual rider who is unable to use a standard electric bicycle.

"Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, an electric motor not to exceed seven hundred and fifty watts, and that meets the requirements of one of the following three classes:

(1) Class 1 electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour;

(2) Class 2 electric bicycle, which is an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour; or

(3) Class 3 electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour.

"Electric micro-mobility device" means any ground transportation device, such as a standing scooter or similar device, that is powered either exclusively by electricity from a battery charged from an external source, or by electricity from a battery charged from an external source in addition to human power, which is designed to transport a single person, with a range not less than fifteen miles and maximum speed of twenty‑eight miles per hour, on which a person may reasonably commute to and from regular destinations."

SECTION 3. Section 196-7.8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§196-7.8[]] Electric [~~bicycle and electric moped~~] mobility rebate program; third-party administrator; special fund. (a) The department of transportation shall administer a rebate program that incentivizes the purchase of new electric [~~bicycles and new electric mopeds~~] mobility devices and may contract with a third-party administrator pursuant to subsection [~~(i)~~] (j) to operate and manage the rebate program.

(b) Each eligible purchase of a new electric bicycle [~~or new~~], electric moped, adaptive electric bicycle, or electric micro-mobility device shall receive a rebate of either [~~twenty per cent of the retail cost or $500,~~] fifty per cent of the retail cost or $750, whichever [~~amount~~] is lower; provided that no individual shall receive more than [~~$500~~] $750 in total rebates each fiscal year[.] unless the individual also qualifies for the additional assistance rebate pursuant to subsection (i), in which case the individual shall not receive more than $1,500 in total rebates each fiscal year.

(c) The department of transportation shall not issue more than [~~$700,000~~] $2,000,000 in total rebates under this section each fiscal year; provided that the electric [~~bicycle and electric moped~~] mobility subaccount within the highway development special fund pursuant to section 264-122(d) contains sufficient funds to pay the rebates. The department of transportation shall not be liable to pay any refund if sufficient funds are unavailable. The department of transportation shall allow valid claims filed by eligible applicants for whom sufficient funds may not be immediately available to receive a rebate as funds may be available in a subsequent year.

(d) The department of transportation shall:

(1) Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and

(2) Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to [~~the signature of the buyer and individual responsible for the sale on behalf of a retail store at the time of sale,~~] a copy of valid government issued photo identification of the buyer at the time of the sale, receipt of purchase, name and address of the retail store, verification of eligibility, and any other documentation necessary to demonstrate the legitimate purchase of a new electric bicycle [~~or new~~], electric moped[.], adaptive electric bicycle, or electric micro-mobility device.

(e) This section shall apply to new:

(1) Electric bicycles [~~capable of speeds of no more than twenty-eight miles per hour; and~~];

(2) Electric mopeds[,];

(3) Adaptive electric bicycles; and

(4) Electric micro-mobility devices,

purchased at a retail store after July 1, 2022.

(f) Applicants shall submit an application to the department of transportation within twelve months of the date of purchase to claim a rebate from the electric [~~bicycle and electric moped~~] mobility rebate program. Failure to apply within twelve months of the date of purchase shall constitute a waiver of the right to claim the rebate.

(g) Nothing in this section shall alter taxes due on the original purchase. Any rebate received pursuant to this section shall not be considered income for the purposes of state or county taxes.

(h) To be eligible to claim a rebate from the electric mobility rebate program, the applicant shall be:

(1) A resident of the State; and

(2) Fifteen years of age or older.

[~~(h)~~] (i) In administering the electric [~~bicycle and electric moped~~] mobility rebate program, the department of transportation shall provide [~~rebates~~] an assistance rebate in addition to the rebate in subsection (b). The additional assistance rebate shall be $750 or the full retail amount of the purchase, whichever is lower, to persons [~~eighteen~~] fifteen years or older who:

(1) Are eligible for:

(A) The Supplemental Nutrition Assistance Program;

(B) The free and reduced price lunch program;

(D) Similar low-income assistance programs identified by the department of transportation;

(2) Do not own a registered motor vehicle with four or more wheels, as demonstrated by an affidavit signed by the applicant at the time of sale of the new electric bicycle [or], electric moped, adaptive electric bicycle, or electric micro-mobility device which may be audited by the department of transportation; or

(3) Are enrolled in school, community college, or university[.];

provided that permission shall be required from the person's parent or guardian if the person is under the age of eighteen.

[~~(i)~~] (j) The department of transportation may contract with a third-party administrator to operate and manage the electric [~~bicycle and electric moped~~] mobility rebate program. The third-party administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature, transferred from the electric mobility subaccount within the highway development special fund, or shall be from moneys provided by the federal government or private funding sources. The third-party administrator [~~shall not expend more than ten per cent of the amounts appropriated for the rebate program, or any other reasonable percentage determined by the department of transportation, for~~] may provide administration, promotion, and reporting of the electric [~~bicycle and electric moped~~] mobility rebate program.

(k) The department of transportation shall provide an annual report to the legislature no later than twenty days prior to the convening of each regular session that shall detail the rebates provided, disaggregated by zip code, amount paid, and type of rebate."

SECTION 4. Section 249-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) An owner of a bicycle [~~having~~] or a class 3 electric bicycle, as defined in section 196-2, that is intended for adult use, and that has two tandem wheels that are less than twenty inches in diameter is not required to register that bicycle, but may do so to facilitate the return of recovered stolen bicycles by payment of the registration fee. The fee collected shall not be refunded or prorated. Upon receipt of the fee, the director of finance shall number and register each bicycle for which the fee is paid, in the owner's name, and furnish the owner with a metallic tag or decal for each bicycle, which shall be attached to the bicycle. The decal shall be affixed to a bicycle on the upright post attached to the sprocket facing in the forward direction. Upon initial registration by an owner or transferee, the director of finance shall require proof of ownership and require the owner to furnish verification of the serial number and description contained in the proof of ownership and application for registration. The metallic tags or decals shall be in a form as the director of finance shall from time to time prescribe. It shall be the duty of the director of finance of each county to purchase a sufficient number of these tags or decals."

SECTION 5. Section 264-122, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) There is established within the highway development special fund an electric [~~bicycle and electric moped~~] mobility subaccount. The department shall expend moneys in the subaccount for the purposes of funding the electric [~~bicycle and electric moped~~] mobility rebate program established pursuant to section 196-7.8."

PART II

SECTION 6. The purpose of this part is to:

(1) Establish safe riding behaviors for electric bicycles;

(2) Prohibit the operation of high-speed electric devices in certain locations;

(3) Establish labeling and signage requirements for electric bicycles;

(4) Prohibit the operation of an electric moped or electric motorcycle in bicycles lanes and paths;

(5) Amend the definition of "bicycle" for purposes of county vehicular taxes;

(6) Define "electric micro-mobility device" and requires the same regulations as electric foot scooters to apply to electric micro-mobility devices;

(7) Prohibit a person under the age of sixteen from operating a class 3 electric bicycle;

(8) Authorized a person under the age of fourteen to operate a class 2 electric bicycle under supervision;

(9) Prohibit a person from operating a class 3 electric bicycle on a sidewalk;

(10) Authorize a person to operate a class 1 or class 2 electric bicycle on a sidewalk under certain circumstances;

(11) Prohibit a person from operating an electric bicycle or electric foot scooter under the age of eighteen without a helmet;

(12) Repeal the requirement that a moped driver use a bicycle lane; and

(13) Change the term "motor scooter" to "motor-driven vehicle".

SECTION 7. Chapter 291C, Hawaii Revised Statutes, is amended by adding two new sections to part XII to be appropriately designated and to read as follows:

"§291C- Safe riding behavior; electric bicycles. (a) All electric bicycles shall be operated with all wheels on the ground at all times with the operator facing forward and seated normally; provided that it shall not be a violation of this subsection if the wheels lose contact with the ground briefly due to the conditions of the road surface or other circumstances beyond the control of the operator.

(b) The following shall be prohibited while operating an electric bicycle:

(1) Operating an electric bicycle in an unsafe manner or engaging in exhibition riding, such as wheelies or stunts, on any public street, alley, or other public right of way; provided that this paragraph shall not apply to a person engaging in exhibition riding as part of a parade, tournament, or other activity permitted by a state or county government agency;

(2) Standing or kneeling on any seat, riding on the handlebars, or engaging in any other non-standing or non-standard riding position; and

(3) Engaging in any other maneuver that endangers the operator, passenger, or the general public, or that demonstrates reckless or negligent operation of the device.

(c) The department of transportation and each county may adopt rules pursuant to chapter 91 to define additional unsafe or reckless behaviors consistent with this section.

§291C- Operating a high-speed electric device. (a) No person shall operate a high-speed electric device on a public roadway, a bicycle lane, travel paths, bicycle facilities, and other designated areas, such as streets, highways, and sidewalks.

(b) Violation of this section shall constitute a civil traffic infraction pursuant to chapter 291D. In the case of a violator under the age of eighteen, enforcement may be applied against the parent or legal guardian or addressed through non-monetary corrective action."

SECTION 8. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:

"§291C- Electric bicycle regulations; labels; signage; public information. (a) Manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the:

(1) Classification number (class 1, 2, or 3);

(2) Top assisted speed; and

(3) Motor wattage.

No person shall alter, deface, or remove a label required pursuant to this subsection.

(b) Distributors of electric bicycles shall place a sign at or near the point of sale with wording substantially similar to the following in all capital letters and printed in no less than fourteen-point font:

"THE SALE AND OPERATION OF ELECTRIC BICYCLES IS REGULATED UNDER CHAPTER 291C, HAWAII REVISED STATUTES. CERTAIN USES AND RIDERS MAY BE RESTRICTED BY LAW."

(c) Distributors of electric bicycles shall provide to the purchaser of an electric bicycle a booklet or pamphlet detailing the associated state laws regulating the use of electric bicycles in this part.

(d) Sellers and distributors, including online or third‑party platform sellers and distributors delivering or offering for delivery to the State, of electric bicycles shall verbally and in writing disclose whether the electric bicycle being sold is legal for use on public roads, sidewalks, or bikes lanes. Disclosures shall include registration, equipment, helmet, and age requirements.

(e) The department of transportation, department of commerce and consumer affairs, or a county may impose administrative fines not to exceed $500 per violation of noncompliance with this section. The department of transportation, department of commerce and consumer affairs, or a county may inspect premises or investigate complaints to ensure compliance with this section.

(f) The department of transportation, department of commerce and consumer affairs, and each county shall adopt rules pursuant to chapter 91 to carry out the purpose of this section."

SECTION 9. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XVI to be appropriately designated and to read as follows:

"§291C- Driving mopeds and electric motorcycles on bicycle lanes and paths; prohibited. (a) No person shall operate a moped or electric motorcycle on a bicycle path, bicycle lane, or any other path or roadway designated for bicycle use.

(b) For purposes of this section, "electric motorcycle" means a two- or three-wheeled vehicle equipped with an electric motor capable of exceeding a speed of twenty-eight miles per hour on level ground, and that may be legally operated on public roadways under the same licensing, registration, and insurance requirements applicable to motorcycles under state law."

SECTION 10. Section 249-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Electric bicycle" means a bicycle equipped with fully operable pedals and an electric motor of no more than seven hundred fifty watts."

2. By amending the definition of "bicycle" to read:

""Bicycle" means:

(1) A device propelled solely by human power upon which any person may ride, having two tandem wheels [~~sixteen~~] twelve inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels; or

(2) [~~A low-speed~~] An electric bicycle[~~, as defined under title 15 United States Code section 2085~~]."

SECTION 11. Section 249-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) [~~A low-speed~~] An electric bicycle[~~, as defined under title 15 United States Code section 2085,~~] shall be required to be registered, and shall be subject to a permanent registration fee of $30, to be paid by the owners thereof to the director of finance. No person shall operate an electric bicycle on a public roadway, sidewalk, or bicycle facility unless it has been properly registered pursuant to this subsection. Failure to register may result in citation or temporary impoundment by a law enforcement officer or designated official.

The department of transportation may adopt rules pursuant to chapter 91 to coordinate statewide implementation, provide uniform forms and guidance, and support public education and outreach on the registration requirement for electric bicycles pursuant to this subsection."

SECTION 12. Section 286-2, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "moped" to read:

""Moped" means a device upon which a person may ride that has:

(1) Two or three wheels in contact with the ground;

(2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and

(3) A direct or automatic power drive system that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

"Moped" does not include an electric foot scooter[.] or electric micro-mobility device, as defined in section 291C-1."

2. By deleting the definition of "bicycle".

["~~"Bicycle" means:~~

~~(1)~~ A device propelled solely by human power upon which any person may ride, having two tandem wheels sixteen inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels; or

~~(2)~~ ~~A low-speed electric bicycle, as defined under title 15 United States Code section 2085.~~"]

SECTION 13. Section 291-31.5, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"§291-31.5 Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicycles, electric foot scooters, electric micro-mobility devices, and mopeds. (a) No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, electric foot scooter, electric micro-mobility device, as defined in section 291C-1, or moped, except for:

(1) County law enforcement vehicles authorized and approved by the chief of police of the county in which the vehicle is operated;

(2) Department of law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of law enforcement; or

(3) Department of land and natural resources division of conservation and resources enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the chairperson of the board of land and natural resources.

This prohibition shall not apply to factory-installed instrument illumination."

SECTION 14. Section 291C, Hawaii Revised Statutes, is amended as follows:

1. By adding six new definitions to be appropriately inserted to read:

""Class 1 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour.

"Class 2 electric bicycle" means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour.

"Class 3 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour and equipped with a speedometer.

"Electric bicycle" means a bicycle equipped with fully operable pedals and an electric motor of no more than seven hundred fifty watts. "Electric bicycle" does not include a high-speed electric device.

"Electric micro-mobility device" means a device weighing not more than seventy-five pounds that is fully or partially motorized and used for personal transportation, such as one-wheels and electric skateboards. "Electric micro-mobility device" does not include electric bicycles or electric foot scooters.

"High-speed electric device" means a two-wheeled electric device with a motor exceeding seven hundred fifty watts and capable of speeds over twenty-eight miles per hour. "High-speed electric device" does not include a moped, motorcycle, or motor vehicle that can legally be operated on a roadway, street, or highway."

2. By amending the definition of "bicycle" to read

""Bicycle" means:

(1) A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or

(2) [~~A low-speed~~] An electric bicycle[~~, as defined under title 15 United States Code section 2085~~]."

SECTION 15. Section 291C-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall drive any vehicle other than a bicycle, electric foot scooter, electric micro-mobility device, or moped upon a bicycle lane or bicycle path, except upon a permanent or authorized temporary driveway, or park any vehicle upon a bicycle lane or bicycle path; provided that any vehicle may be driven or parked in a bicycle lane or bicycle path as applicable if[:] it is:

(1) [~~It is in~~] In the process of executing a legal turn, lane change, or parking maneuver;

(2) [~~It is an~~] An authorized emergency vehicle performing the functions under section 291C-26;

(3) [~~It is an~~] An official federal, state, or county vehicle in the performance of its actual duty;

(4) [~~It is a~~] A stalled or broken vehicle;

(5) [~~It is necessary~~] Necessary to assist a stalled or broken vehicle;

(6) [~~It is necessary~~] Necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or

(7) [~~It is otherwise~~] Otherwise provided by law."

SECTION 16. Section 291C-139, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-139[]] Electric foot scooters[.]; electric micro-mobility devices. (a) This section shall apply whenever an electric foot scooter or electric micro-mobility device is operated upon any highway, street, roadway, or other designated public area set aside for the use of electric foot scooters[.] or electric micro-mobility devices.

(b) Every person operating an electric foot scooter or electric micro-mobility device upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to a driver of a vehicle under this chapter, except as to provisions of this:

(1) Section to the contrary; and

(2) Chapter that, by their nature, can have no application.

(c) The counties by ordinance shall regulate operations of electric foot scooters and electric micro-mobility devices with regard to, but not limited to, the following:

(1) Operations in or upon roadways, bikeways, bicycle paths, and sidewalks;

(2) Storage and docking locations;

(3) Restrictions on maximum speed;

(4) Safety considerations; and

(5) Insurance requirements;

provided that no authority adopted in accordance with this subsection shall be less restrictive than the requirements set forth in this section.

(d) No person under fifteen years of age shall operate an electric foot scooter or electric micro-mobility device on a highway, street, roadway, or any other public property in the State. No person under [~~sixteen~~] eighteen years of age shall operate an electric foot scooter or electric micro-mobility device unless the person wears a safety helmet securely fastened with a chin strap. The safety helmet shall meet the specifications of and requirements for a bicycle helmet as set out in section 291C-150.

(e) No person shall operate an electric foot scooter or electric micro-mobility device that is carrying any other person, nor shall any person other than the operator ride upon an electric foot scooter[.] or electric micro-mobility device.

(f) No person operating an electric foot scooter or electric micro-mobility device shall carry any package, bundle, or article that prevents the use of both hands in the control and operation of the electric foot scooter[.] or electric micro-mobility device.

(g) Any electric foot scooter or electric micro-mobility device used from thirty minutes after sunset until thirty minutes before sunrise shall meet the specifications of and requirements for lamps and other equipment on bicycles as set out in section 291C-147; provided that in lieu of the requirement of section 291C-147(b), every electric foot scooter or electric micro-mobility device shall be equipped with a lighted lamp that is visible from the rear.

(h) No person shall operate an electric foot scooter or electric micro-mobility device at a speed other than is reasonable and prudent and having regard to the actual and potential hazards and conditions then existing; provided that no person shall operate an electric foot scooter or electric micro-mobility device at a speed greater than fifteen miles per hour.

(i) Any person who operates an electric foot scooter recklessly in disregard of the safety of persons or property shall be assessed penalties as set forth in section 291C-161(b).

(j) A person or entity that provides electric foot or electric micro-mobility device scooters for hire shall not rent or lease an electric foot scooter or electric micro-mobility device to any person unless:

(1) Each renter or lessee that is under the age of [~~sixteen~~] eighteen wears a safety helmet, as required by subsection (d), while operating the electric foot scooter[;] or electric micro-mobility device; and

(2) Each renter or lessee is provided with a copy of the electric foot scooter and electric micro-mobility device ordinances or rules that have been adopted by the applicable county.

(k) Electric foot scooters and electric micro-mobility devices shall only be stored or docked at specific locations that shall be authorized by the counties."

SECTION 17. Section 291C-143.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-143.5[~~] Low-speed electric bicycles;~~] Electric bicycle; operator age. (a) No person under the age of [~~fifteen~~] sixteen shall operate a [~~low-speed~~] class 3 electric bicycle [~~as defined under title 15 United States Code section 2085~~].

(b) A person under the age of fourteen may operate a class 2 electric bicycle only under the direct supervision of a parent, guardian, or a person eighteen years of age or older.

(c) For the purposes of this section, "direct supervision" means a supervising parent, guardian, or person eighteen years of age or older is physically present and in reasonable proximity to observe and control the operation of the electric bicycle."

SECTION 18. Section 291C-145, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) No person shall ride a bicycle equipped with a motor or class 3 electric bicycle on any sidewalk[.]; provided that a person may ride a class 1 electric bicycle or class 2 electric bicycle on a sidewalk at a speed not exceeding ten miles per hour, except in business districts or where prohibited by county ordinance. The counties may, by ordinance, post bicycle lanes and bicycle paths to prevent persons riding a bicycle equipped with a motor from using them."

SECTION 19. Section 291C-150, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) No person under [~~sixteen~~] eighteen years of age shall operate a bicycle upon a street, a bikeway, or any other public property unless that person is wearing a properly fitted and fastened bicycle helmet that has been tested by a nationally recognized agency [~~such as~~] including the National Highway Traffic Safety Administration, [~~the~~] National Safety Council, or [~~the~~] Children's Safety Network, and is designed to fit the user and protect against head trauma. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or who rides in a trailer towed by the bicycle.

(b) A person who provides bicycles for hire shall not rent a bicycle to any person unless every person who is under age [~~sixteen~~] eighteen is wearing a bicycle helmet, as required in subsection (a), while operating the rented bicycle, occupying a restraining seat that is attached to the rented bicycle, or riding in a trailer towed by the rented bicycle."

SECTION 20. Section 291C-197, Hawaii Revised Statutes, is repealed.

["~~§291C-197 Driving mopeds on bicycle lanes and paths.~~ ~~(a) Wherever bicycle lanes are provided on the roadway, moped drivers shall use such bicycle lanes.~~

(b) The director of transportation by rule and the counties by ordinance may with respect to bicycle paths under their respective jurisdictions restrict or prohibit the use of such bicycle paths by mopeds. Signs clearly visible to an ordinarily observant person indicating the restriction or prohibition shall be placed along bicycle paths so designated and every moped driver shall obey the directions thereof.

~~(c) This section shall not apply to a three-wheeled moped.~~"]

SECTION 21. Sections 249-1, 249-9.2, 286-2, 286-81, 286-81.5, 286-102, 286-102.6, 286-108, 286-109, 286-110, 291-11, 291-22, 291-25, 291-31, 291-31.5, 291C-1, 291C-206, 431:10C-103, 431:10C-304, 431:10C-305, 431:10C-408, 431:10G-101, 431:10G-102, 431:10G-103, 431:10G-104, 431:10G-105, 431:10G-106, 431:10G-107, 431:10G-108, 431:10G-201, 431:10G-202, 431:10G-206, 431:10G-301, 437-7, 437B-1, 481I-2, and 604A-2, Hawaii Revised Statutes, are amended by substituting the word "motor-driven cycle", or similar term, wherever the word "motor scooter", or similar term, appears, as the context requires.

PART III

SECTION 22. Nothing in this Act shall be construed to prohibit the use of mobility devices, as defined in the Americans with Disabilities Act.

SECTION 23. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 24. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 25. This Act shall take effect on July 1, 2026; provided that section 8 shall take effect on December 31, 2026.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2989
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII