HF 3858

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/25/2024 03:43pm

A bill for an act
relating to transportation; amending requirements related to active transportation,
including regulation of electric-assisted bicycles and sales, requirements on
complete streets, and driver's education; appropriating money; amending Minnesota
Statutes 2022, sections 169.011, by adding subdivisions; 169.21, subdivision 6;
169.222, subdivisions 6a, 6b; 174.75, subdivisions 1, 2, by adding a subdivision;
Minnesota Statutes 2023 Supplement, sections 169.011, subdivision 27; 171.0705,
subdivision 2; 171.13, subdivision 1; Laws 2023, chapter 68, article 1, section 20;
proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2023 Supplement, section 169.011, subdivision 27, is
amended to read:

Subd. 27.

Electric-assisted bicycle.

new text begin (a) new text end "Electric-assisted bicycle" means a bicycle with
two or three wheels that:

(1) has a saddle and fully operable pedals for human propulsion;

(2) meets the requirements for bicycles under Code of Federal Regulations, title 16, part
1512, or successor requirements;

(3) is equipped with an electric motor that has a power output of not more than 750
watts;

(4) meets the requirements of a class 1, class 2, deleted text begin or deleted text end class 3 new text begin , or multiple mode new text end
electric-assisted bicycle; and

(5) has a battery or electric drive system that has been tested to an applicable safety
standard by a third-party testing laboratory.

new text begin (b) A vehicle that is modified so that it no longer meets the requirements for any
electric-assisted bicycle class is not an electric-assisted bicycle.
new text end

Sec. 2.

Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision to
read:

new text begin Subd. 45a. new text end

new text begin Multiple mode electric-assisted bicycle. new text end

new text begin "Multiple mode electric-assisted
bicycle" means an electric-assisted bicycle equipped with switchable or programmable
modes that provide for operation as two or more of a class 1, class 2, or class 3
electric-assisted bicycle in conformance with the definition and requirements under this
chapter for each respective class.
new text end

Sec. 3.

Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision to
read:

new text begin Subd. 92b. new text end

new text begin Vulnerable road user. new text end

new text begin "Vulnerable road user" means a person in the
right-of-way of a highway, including but not limited to a bikeway and an adjacent sidewalk
or trail, who is:
new text end

new text begin (1) a pedestrian;
new text end

new text begin (2) on a bicycle or other nonmotorized vehicle or device;
new text end

new text begin (3) on an electric personal assistive mobility device;
new text end

new text begin (4) on an implement of husbandry; or
new text end

new text begin (5) riding an animal.
new text end

new text begin Vulnerable road user includes the operator and any passengers for a vehicle, device, or
personal conveyance identified in this subdivision.
new text end

Sec. 4.

Minnesota Statutes 2022, section 169.21, subdivision 6, is amended to read:

Subd. 6.

Driver education deleted text begin curriculum deleted text end new text begin ; vulnerable road users new text end .

The deleted text begin class D curriculum,
in addition to driver education classroom curriculum prescribed in rules of statutes for class
D motor vehicles, must include instruction on deleted text end new text begin commissioner must adopt rules for persons
enrolled in driver education programs offered at public schools, private schools, and
commercial driver training schools, requiring inclusion in the course of instruction a section
on vulnerable road users. The instruction must include information on:
new text end

new text begin (1) the rights and responsibilities of vulnerable road users, as defined in section 169.011,
subdivision 92b;
new text end

new text begin (2) new text end the new text begin specific new text end duties of a driver when encountering a bicycle, other nonmotorized
vehicles, or a pedestrian deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) safety risks for vulnerable road users and motorcyclists or other operators of two-
or three-wheeled vehicles; and
new text end

new text begin (4) best practices to minimize dangers and avoid collisions with vulnerable road users
and motorcyclists or other operators of two- or three-wheeled vehicles.
new text end

Sec. 5.

Minnesota Statutes 2022, section 169.222, subdivision 6a, is amended to read:

Subd. 6a.

Electric-assisted bicycle; riding rules.

(a) A person may operate an
electric-assisted bicycle in the same manner as provided for operation of other bicycles,
including but not limited to operation on the shoulder of a roadway, a bicycle lane, and a
bicycle route, and operation without the motor engaged on a bikeway or bicycle trail.

(b) A person may operate a class 1 or class 2 electric-assisted bicycle with the motor
engaged on a bicycle path, bicycle trail, or shared use path unless prohibited under section
85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2,
paragraph (b), as applicable.

(c) A person may operate a class 3 electric-assisted bicycle new text begin or multiple mode
electric-assisted bicycle new text end with the motor engaged on a bicycle path, bicycle trail, or shared
use path unless the local authority or state agency having jurisdiction over the bicycle path
or trail prohibits the operation.

(d) The local authority or state agency having jurisdiction over a trail new text begin or over a bike park
new text end that is designated as nonmotorized and that has a natural surface tread made by clearing
and grading the native soil with no added surfacing materials may regulate the operation of
an electric-assisted bicycle.

(e) deleted text begin No deleted text end new text begin A new text end person under the age of 15 deleted text begin shall deleted text end new text begin must not new text end operate an electric-assisted bicycle.

Sec. 6.

Minnesota Statutes 2022, section 169.222, subdivision 6b, is amended to read:

Subd. 6b.

Electric-assisted bicycle; equipment.

(a) The manufacturer or distributor of
an electric-assisted bicycle must apply a label to the bicycle that is permanently affixed in
a prominent location. The label must contain the deleted text begin classification deleted text end new text begin class new text end number, top assisted
speed, and motor wattage of the electric-assisted bicycle, and must be printed in a legible
font with at least 9-point type. new text begin A multiple mode electric-assisted bicycle must have labeling
that identifies the highest electric-assisted bicycle class in which it is capable of operation.
new text end

(b) A person must not modify an electric-assisted bicycle to change the motor-powered
speed capability or motor engagement new text begin so that the bicycle no longer meets the requirements
for the applicable class, new text end unless new text begin :
new text end

new text begin (1) new text end the person replaces the label required in paragraph (a) with revised information deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) for a vehicle that no longer meets the requirements for any electric-assisted bicycle
class, the person removes the labeling as an electric-assisted bicycle.
new text end

(c) An electric-assisted bicycle must operate in a manner so that the electric motor is
disengaged or ceases to function deleted text begin when the rider stops pedaling or deleted text end new text begin : (1) new text end when the brakes are
applied new text begin ; or (2) except for a class 2 electric-assisted bicycle or a multiple mode
electric-assisted bicycle operating in class 2 mode, when the rider stops pedaling new text end .

(d) A class 3 electric-assisted bicycle new text begin or multiple mode electric-assisted bicycle new text end must
be equipped with a speedometer that displays the speed at which the bicycle is traveling in
miles per hour.

new text begin (e) A multiple mode electric-assisted bicycle equipped with a throttle must not be capable
of exceeding 20 miles per hour on motorized propulsion alone in any mode when the throttle
is engaged.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 171.0705, subdivision 2, is amended
to read:

Subd. 2.

Driver's manual; deleted text begin bicycle traffic deleted text end new text begin vulnerable road users new text end .

The commissioner
deleted text begin shall deleted text end new text begin must new text end include in deleted text begin each edition of deleted text end the driver's manual published by the department a
section relating to new text begin vulnerable road users and motorcyclists or operators of two- or
three-wheeled vehicles that, at a minimum, includes:
new text end

new text begin (1) new text end bicycle traffic laws, including any changes in the law which affect bicycle traffic deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) traffic laws related to pedestrians and pedestrian safety; and
new text end

new text begin (3) traffic laws related to motorcycles, autocycles, motorized bicycles, motorized foot
scooters, and electric personal assistive mobility devices.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to each edition of the manual published on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 171.13, subdivision 1, is amended
to read:

Subdivision 1.

Examination subjects and locations; provisions for color blindness,
disabled veterans.

(a) Except as otherwise provided in this section, the commissioner must
examine each applicant for a driver's license by such agency as the commissioner directs.
This examination must include:

(1) a test of the applicant's eyesight, provided that this requirement is met by submission
of a vision examination certificate under section 171.06, subdivision 7;

(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;

(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related to new text begin vulnerable road users and motorcyclists,
including but not limited to operators of new text end bicycles new text begin and pedestrians new text end ; and (vii) the circumstances
and dangers of carbon monoxide poisoning;

(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and

(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.

(b) Notwithstanding paragraph (a), the commissioner must not deny an application for
a driver's license based on the exclusive grounds that the applicant's eyesight is deficient in
color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans
operating motor vehicles especially equipped for disabled persons, if otherwise entitled to
a license, must be granted such license.

(c) The commissioner must ensure that an applicant may take an exam either in the
county where the applicant resides or in an adjacent county at a reasonably convenient
location. The schedule for each exam station must be posted on the department's website.

(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.

(e) The commissioner must provide real-time information on the department's website
about the availability and location of exam appointments. The website must show the next
available exam dates and times for each exam station. The website must also provide an
option for a person to enter an address to see the date and time of the next available exam
at each exam station sorted by distance from the address provided.

Sec. 9.

Minnesota Statutes 2022, section 174.75, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Definition deleted text end new text begin Definitions new text end .

new text begin (a) For purposes of this section, the following
terms have the meanings given.
new text end

new text begin (b) new text end "Complete streets" is the planning, scoping, design, implementation, operation, and
maintenance of roads in order to reasonably address the safety and accessibility needs of
users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians,
transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along
and across roads, intersections, and crossings in a manner that is sensitive to the local context
and recognizes that the needs vary in urban, suburban, and rural settings.

new text begin (c) "Vulnerable road user" has the meaning given in section 169.011, subdivision 92b.
new text end

Sec. 10.

Minnesota Statutes 2022, section 174.75, subdivision 2, is amended to read:

Subd. 2.

Implementation.

new text begin (a) new text end The commissioner deleted text begin shall deleted text end new text begin must new text end implement a complete
streets policy after consultation with stakeholders, state and regional agencies, local
governments, and road authorities. The commissioner, after such consultation, deleted text begin shall deleted text end new text begin must new text end
address relevant protocols, guidance, standards, requirements, and training deleted text begin , and shall
integrate deleted text end new text begin .
new text end

new text begin (b) The complete streets policy must include but is not limited to:
new text end

new text begin (1) integration of new text end related principles of context-sensitive solutions deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) integration throughout the project development process;
new text end

new text begin (3) methods to evaluate inclusion of active transportation facilities in a project, which
may include but is not limited to sidewalks, crosswalk markings, pedestrian accessibility,
and bikeways; and
new text end

new text begin (4) consideration of consultation with other road authorities regarding existing and
planned active transportation network connections.
new text end

Sec. 11.

Minnesota Statutes 2022, section 174.75, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Implementation guidance. new text end

new text begin The commissioner must maintain guidance that
accompanies the complete streets policy under this section. The guidance must include
sections on:
new text end

new text begin (1) an analysis framework that provides for:
new text end

new text begin (i) identification of characteristics of a project;
new text end

new text begin (ii) highway system categorization based on context, including population density, land
use, density and scale of surrounding development, volume of highway use, and the nature
and extent of active transportation; and
new text end

new text begin (iii) relative emphasis for different road system users in each of the categories under
item (ii) in a manner that supports safety and mobility of vulnerable road users, motorcyclists
or other operators of two- or three-wheeled vehicles, and public transit users; and
new text end

new text begin (2) an analysis of speed limit reductions and associated roadway design modifications
to support safety and mobility in active transportation.
new text end

Sec. 12.

new text begin [325F.661] SALE OF ELECTRIC-ASSISTED BICYCLES AND POWERED
CYCLES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Class 1 electric-assisted bicycle," "class 2 electric-assisted bicycle," and "class 3
electric-assisted bicycle" have the meanings given in section 169.011, subdivisions 15a,
15b, and 15c.
new text end

new text begin (c) "Electric-assisted bicycle" has the meaning given in section 169.011, subdivision
27.
new text end

new text begin (d) "Multiple mode electric-assisted bicycle" has the meaning given in section 169.011,
subdivision 45a.
new text end

new text begin (e) "Powered cycle" means a vehicle that has an electric motor, has fewer than four
wheels, and:
new text end

new text begin (1) does not meet all of the requirements of an electric-assisted bicycle as sold or due
to modification by any person; or
new text end

new text begin (2) is designed, manufactured, or intended by the manufacturer or seller to be easily
configured so as not to meet all of the requirements of an electric-assisted bicycle, whether
by a mechanical switch or button, by changing a setting in software controlling the drive
system, by use of an app, or through any other means intended by the manufacturer or seller.
new text end

new text begin A vehicle that meets the requirements of a powered cycle is not an electric-assisted bicycle.
new text end

new text begin Subd. 2. new text end

new text begin Electric-assisted bicycle. new text end

new text begin Before a purchase is completed, a seller of an
electric-assisted bicycle must disclose to a consumer in written form:
new text end

new text begin (1) the maximum motor power of the electric-assisted bicycle;
new text end

new text begin (2) the maximum speed of the electric-assisted bicycle, as evaluated using a test method
matching the criteria specified in Code of Federal Regulations, title 16, section 1512.2(a)(2),
or successor requirements; and
new text end

new text begin (3) whether the electric-assisted bicycle is a class 1, class 2, class 3, or multiple mode
electric-assisted bicycle.
new text end

new text begin Subd. 3. new text end

new text begin Powered cycle. new text end

new text begin (a) A seller of a new powered cycle may not sell the vehicle
or offer the vehicle for sale if it is labeled as a class 1, class 2, class 3, or multiple mode
electric-assisted bicycle.
new text end

new text begin (b) Before a purchase is completed and in any advertising materials, a seller of a new
powered cycle who describes the vehicle as an "electric bicycle," "electric bike," "e-bike,"
or other similar term must disclose to a consumer:
new text end

new text begin (1) the name or classification of the vehicle under state law or the most likely
classification following an intended or anticipated vehicle modification; and
new text end

new text begin (2) the following statement:
new text end

new text begin "This vehicle is not an "electric-assisted bicycle" as defined in Minnesota law. It is
instead a type of motor vehicle and subject to applicable motor vehicle laws if used on
public roads or public lands. Your insurance policies might not provide coverage for crashes
involving the use of this vehicle. To determine coverage, you should contact your insurance
company or agent."
new text end

new text begin (c) Advertising materials under paragraph (b) include but are not limited to a website
or social media post that identifies or promotes the vehicle.
new text end

new text begin (d) The disclosure under paragraph (b) must be (1) written, and (2) provided clearly and
conspicuously and in a manner designed to attract the attention of a consumer.
new text end

new text begin Subd. 4. new text end

new text begin Unlawful practices. new text end

new text begin It is an unlawful practice under section 325F.69 to advertise,
offer for sale, or sell a powered cycle:
new text end

new text begin (1) as an electric-assisted bicycle; or
new text end

new text begin (2) using the words "electric bicycle," "electric bike," "e-bike," or other similar term
without providing the disclosure required under subdivision 3.
new text end

Sec. 13.

Laws 2023, chapter 68, article 1, section 20, is amended to read:

Sec. 20. TRANSFERS.

(a) $152,650,000 in fiscal year 2024 is transferred from the general fund to the trunk
highway fund for the state match for highway formula and discretionary grants under the
federal Infrastructure Investment and Jobs Act, Public Law 117-58, and for related state
investments.

(b) $19,500,000 in fiscal year 2024 and deleted text begin $19,500,000 deleted text end new text begin $19,255,000 new text end in fiscal year 2025
are transferred from the general fund to the active transportation account under Minnesota
Statutes, section 174.38. The base for this transfer is $8,875,000 in fiscal year 2026 and
$9,000,000 in fiscal year 2027.

(c) By June 30, 2023, the commissioner of management and budget must transfer any
remaining unappropriated balance, estimated to be $232,000, from the driver services
operating account in the special revenue fund to the driver and vehicle services operating
account under Minnesota Statutes, section 299A.705.

(d) By June 30, 2023, the commissioner of management and budget must transfer any
remaining unappropriated balance, estimated to be $13,454,000, from the vehicle services
operating account in the special revenue fund to the driver and vehicle services operating
account under Minnesota Statutes, section 299A.705.

Sec. 14. new text begin APPROPRIATION.
new text end

new text begin $245,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of transportation for costs related to complete streets implementation training under
Minnesota Statutes, section 174.75, subdivision 2a. This is a onetime appropriation.
new text end

Sec. 15. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must recodify Minnesota Statutes, section 169.21, subdivision
6, as Minnesota Statutes, section 171.0701, subdivision 1b. The revisor must correct any
cross-references made necessary by this recodification.
new text end