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HomeMy WebLinkAboutPD Response to the Grand Jury Report on E-Bike Safety____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: July 15, 2024 Disposition: Resolution 15325 Agenda Item No: 6.a Meeting Date: July 15, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Police Prepared by: Carl Huber, Lieutenant City Manager Approval: ______________ TOPIC: RESPONSE TO THE GRAND JURY REPORT ON E-BIKE SAFETY SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT TITLED “WITH POWER COMES RESPONSIBILITY - YOUTHS UNDER AGE 16 OPERATING CLASS 2 E-BIKES: A SAFETY RISK” RECOMMENDATION: Adopt a resolution approving and authorizing the Mayor to execute the City of San Rafael’s response to the Marin County Civil Grand Jury Report titled, “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk”. BACKGROUND: The City is required to respond to the Grand Jury Report. Penal Code Section 933(c) states in part: “No later than 90 days after the Grand Jury submits a final report…the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body.” To comply with this statute, the City’s response to this Grand Jury report must be approved by resolution of the City Council and submitted to the Presiding Judge of the Marin County Superior Court and the Foreperson of the Grand Jury on or before July 26, 2024. A proposed resolution is provided as Attachment 1. On April 26, 2024, the 2023-2024 Marin County Civil Grand Jury released a report entitled “With Power Comes Responsibility -Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk” (Attachment 2). The Grand Jury report addresses the increase in the number of e-bikes being operated by Marin youth on streets, trails and multi-use paths as being a major concern. The report indicates that the number of e-bike sales nationwide doubled between the years 2020 and 2021. As of March 2024, Marin’s e-bike accident rate for children ages 10-15 was five times higher than any other age group in the same period. The report addresses the developing legislation at the state level and encourages local municipalities to adopt ordinances placing age limitations on class 2 e-bike use, as well as requirements for helmet use by e-bike riders. The report focuses on what Marin’s elected officials and public administrators can do to educate parents and children on the appropriate and safe operation of e-bikes on public right of ways. This Grand Jury report can also be accessed at the following link: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 https://www.marincounty.gov/sites/g/files/fdkgoe241/files/2024-04/with-power-comes-responsibility.pdf The Grand Jury Report presents the following findings: • F1. The increasing number of e-bike accidents involving youths under the age of 16 presents a public health and safety danger in Marin. • F2. The operation of class 2 e-bikes by persons 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. • F3. 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. • F4. 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. • F5. The funding to continue the e-bike specific safety and training program (E-bike Smart Marin) provided by the Marin County Bicycle Coalition is not sustainable without new sources of funding. • F6. 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. The Grand Jury Report presents the following list of recommendations: • R1. By December 31, 2024, the Board of Supervisors, and each municipality in Marin should take all steps necessary to adopt an ordinance with regard to class 2 e-bikes with, at minimum, the following provisions: (a) Only people aged 16 or older may operate class 2 e-bikes. (b) Operators of class 2 e-bikes must wear helmets. (c) All passengers on class 2 e-bikes must wear helmets. • R2. By December 31, 2024, the County of Marin and each municipality in Marin should take all steps necessary to establish a joint task force or committee to investigate and consider coordination among the county and municipalities about adopting a county-wide uniform set of regulations regarding e-bike use within the County of Marin. • R3. Any task force or committee as described in Recommendation 2, above, should consider inviting representatives from Marin County schools, law enforcement, public health officials, and bicycle advocates to provide their input. • R4. By December 31, 2024, the Board of Supervisors should explore options for additional funding for student and public education in Marin County about e-bike safety. ANALYSIS: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 The Grand Jury Report dated April 26, 2024, was distributed to the County of Marin and all cities/towns in Marin County. Staff recommends that the City’s response should include any actions taken by the City on the development of an e-bike safety ordinance and clarify the City’s role for each of the Grand Jury’s findings and recommendations requiring a response from the City. Responses to Findings: The Marin Civil Grand Jury has asked the City to respond to findings F1-F6. F1. 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 City agrees that e-bike incidents involving youth are a significant threat to health and safety in Marin. F2. The operation of class 2 e-bikes by persons 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 The City agrees that improper or unlawful operation of class 2 e-bikes by youth poses a significant safety risk. F3. 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: Agree The City agrees that greater coordination among Marin agencies about e-bike policies and enforcement can help deter their unsafe operation. The City is working with other agencies in Marin on a countywide task force to develop findings and recommendations to address this issue. F4. 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: Agree The City is committed to working with law enforcement agencies and community members in Marin through participation in a countywide task force develop consistent regulations for e-bike use. F5. The funding to continue the e-bike specific safety and training program (E-bike Smart Marin) provided by the Marin County Bicycle Coalition is not sustainable without new sources of funding. Response: Partially Disagree SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 It is not within the City of San Rafael’s realm of responsibility to agree or disagree with this finding. The Marin County Bicycle Coalition is a private nonprofit organization; the City has no administrative or programmatic control over the organization. F6. 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. Response: Partially Disagree It is not within the City of San Rafael’s realm of responsibility to agree or disagree with this finding. This finding pertains to matters relating to Marin County public schools which operate under the control of their respective legislative bodies. Responses to Recommendations: The Marin Civil Grand Jury has asked the City to respond to recommendations R1-R4. R1. By December 31, 2024, the Board of Supervisors, and each municipality in Marin should take all steps necessary to adopt an ordinance with regard to class 2 e-bikes with, at minimum, the following provisions: (a) Only people aged 16 or older may operate class 2 e-bikes. (b) Operators of class 2 e-bikes must wear helmets. (c) All passengers on class 2 e-bikes must wear helmets. Staff recommend more research and analysis before adopting an e-bike-specific ordinance; however, the City agrees that provisions a through c should, at a minimum, be included. Staff recommend that a countywide task force be established, as stated in the Civil Grand Jury’s Recommendation 2, to discuss and develop uniform regulations for e-bike use. The City will work diligently with other jurisdictions to develop countywide regional regulations and bring an ordinance to the City Council for consideration in the first quarter of 2025. R2. By December 31, 2024, the County of Marin and each municipality in Marin should take all steps necessary to establish a joint task force or committee to investigate and consider coordination among the county and municipalities about adopting a county-wide uniform set of regulations regarding e-bike use within the County of Marin. The City agrees with this recommendation and will work with partners in other jurisdictions to establish a taskforce by December 31, 2024. The City of San Rafael’s response is limited to the part of the recommendation to begin the process of collaborating with the County and other municipalities in Marin. Members of the San Rafael Police Department have reached out to allied law enforcement agencies in neighboring communities to begin a coordinated effort in the furtherance of establishing the joint task force to address this issue. R3. Any task force or committee as described in Recommendation 2, above, should consider inviting representatives from Marin County schools, law enforcement, public health officials, and bicycle advocates to provide their input. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 The City agrees with this recommendation and will work with partners in other jurisdictions to implement it by December 31, 2024. Prior to the publishing of the Marin Civil Grand Jury report, members of the San Rafael Police Department acknowledged the growing issue of e-bike safety within the community. In response, members of the San Rafael Police Department reached out to our community partners, including San Rafael City Schools, Marin bicyclist advocacy groups, e-bike retailers, and concerned residents to obtain their input and participation in addressing the issues of e-bike safety in San Rafael. The City is committed to bringing this inclusive and coordinated approach to the joint task force. R4. By December 31, 2024, the Board of Supervisors should explore options for additional funding for student and public education in Marin County about e-bike safety. This recommendation is directed to and pertains to matters solely under the control of the County of Marin Board of Supervisors. Therefore, this recommendation does not require action or a response by the City of San Rafael. Conclusions The City is committed to working with partner agencies to develop uniform regulations for class 2 e-bikes, and ongoing community education and engagement about the hazards and safe operation. COMMUNITY OUTREACH: The San Rafael Police Department has 15,700 Twitter followers, 16,188 Facebook followers, 4,683 Instagram followers and 37,756 subscribers on Next-door. Prior to the publishing of the Marin County Civil Grand Jury report, these social media platforms were used to distribute a community informational bulletin regarding the characteristics of an e-bike, the safety concerns and state laws around e-bike operation and the potential consequences experienced by those who operate two wheeled electric vehicles that do not qualify as e-bikes. The San Rafael Police Department plans to continue using these platforms as part of an ongoing strategy to communicate with the community as public safety efforts develop around this issue. FISCAL IMPACT: There is no fiscal impact associated with this action. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution. 2. Adopt resolution with modifications. 3. Direct staff to return with more information. RECOMMENDED ACTION: Adopt a resolution approving and authorizing the Mayor to execute the City of San Rafael’s response to the Marin County Civil Grand Jury Report entitled, “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk”. ATTACHMENTS: 1. Resolution, with attached City Response to the Grand Jury Report 2. Grand Jury Report dated April 26, 2024 RESOLUTION NO. 15325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED “WITH POWER COMES RESPONSIBILITY YOUTHS UNDER AGE 16 OPERATING CLASS 2 E-BIKES: A SAFETY RISK” WHEREAS, pursuant to Penal Code section 933(c), a public agency which receives a final grand jury report addressing aspects of the public agency’s operations must, within ninety (90)days, provide a written response to the presiding judge of the Superior Court, with a copy to the foreperson of the grand jury, responding to the report’s findings and recommendations pertaining to matters under the control of the governing body; and WHEREAS, Penal Code section 933(c) requires that the “governing body” of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and WHEREAS, Penal Code section 933.05 specifies the required contents of a city’s response to findings and recommendations of a civil grand jury; and WHEREAS, the City Council of the City of San Rafael has received and reviewed the Marin County Grand Jury Report, dated April 26, 2024, entitled “With Power Comes Responsibility Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk;” and WHEREAS, at a regular City Council meeting held on July 15, 2024, the City Council discussed the report’s findings and recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby: 1.Approves and authorizes the Mayor to execute the City’s response to the Marin County Grand Jury’s April 26, 2024, report, entitled “With Power Comes Responsibility Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk,” a copy of which response is attached hereto as Attachment 1 and incorporated herein by reference. 2.Directs the City Clerk to forward the City’s response forthwith to the presiding judge of the Marin County Superior Court, with copy to the foreperson of the Marin County Grand Jury. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 15th day of July 2024, by the following vote to wit: AYES: Councilmembers: Bushey, Kertz & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill & Llorens Gulati LINDSAY LARA, City Clerk r1 RAfq ATTACHMENT 1 RESPONSE TO GRAND JURY REPORT FINDINGS AND RECOMMENDATIONS REPORT TITLE: "With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk" REPORT DATE: April 26, 2024 RESPONSE BY: San Rafael City Council GRAND JURY FINDINGS • We agree with the finding(s) numbered: F1, F2, F3, F4 ■ We disagree wholly or partially with the finding(s) numbered: F5, F6 GRAND JURY RECOMMENDATIONS • Recommendations numbered R2, R3 have not yet been implemented but will be implemented in the future. • Recommendation numbered R1 requires further analysis. • Recommendation numbered R4 will not be implemented because they are not warranted or are not reasonable. Date: r 7 ! Signed:Avtll, l u/ 1 / Mayor . ate- Colin yP� RAAF,4 City of San Rafael 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 FINDINGS F1. The increasing number of a -bike accidents involving youths under the age of 16 presents a public health and safety danger in Marin. Response: Agree The City agrees that a -bike incidents involving youth are a significant threat to health and safety in Marin. F2. The operation of class 2 e-bikes by persons under the age of 16 poses a significant risk to the safety of a -bike operators, other bike riders, passengers, and pedestrians on sidewalks, streets, multi -use paths, and trails in Marin. Response: Agree The City agrees that improper or unlawful operation of class 2 e-bikes by youth poses a significant safety risk. F3. 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: Agree The City agrees that greater coordination among Marin agencies about a -bike policies and enforcement can help deter their unsafe operation. The City is working with other agencies in Marin on a countywide task force to develop findings and recommendations to address this issue. F4. 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: Agree The City is committed to working with law enforcement agencies and community members in Marin through participation in a countywide task force develop consistent regulations for a -bike use. F5. The funding to continue the a -bike specific safety and training program (E-bike Smart Marin) provided by the Marin County Bicycle Coalition is not sustainable without new sources of funding. Response: Partially Disagree City of San Rafael Response to Grand Jury Findings and Recommendations Page 2 of 4 yP`��F• City of San Rafael 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 It is not within the City of San Rafael's realm of responsibility to agree or disagree with this finding. The Marin County Bicycle Coalition is a private nonprofit organization; the City has no administrative or programmatic control over the organization. F6. 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. Response: Partially Disagree It is not within the City of San Rafael's realm of responsibility to agree or disagree with this finding. This finding pertains to matters relating to Marin County public schools which operate under the control of their respective legislative bodies. RESPONSE TO GRAND JURY RECOMMENDATIONS R1. By December 31, 2024, the Board of Supervisors, and each municipality in Marin should take all steps necessary to adopt an ordinance with regard to class 2 e-bikes with, at minimum, the following provisions: (a) Only people aged 16 or older may operate class 2 e-bikes. (b) Operators of class 2 e-bikes must wear helmets. (c) All passengers on class 2 e-bikes must wear helmets. Staff recommend more research and analysis before adopting an e-bike-specific ordinance; however, the City agrees that provisions a through c should, at a minimum, be included. Staff recommend that a countywide task force be established, as stated in the Civil Grand Jury's Recommendation 2, to discuss and develop uniform regulations for a -bike use. The City will work diligently with other jurisdictions to develop countywide regional regulations and bring an ordinance to the City Council for consideration as soon as possible. R2. By December 31, 2024, the County of Marin and each municipality in Marin should take all steps necessary to establish a joint task force or committee to investigate and consider coordination among the county and municipalities about adopting a county- wide uniform set of regulations regarding a -bike use within the County of Marin. The City agrees with this recommendation and will work with partners in other jurisdictions to establish a taskforce by December 31, 2024. The City of San Rafael's response is limited to the part of the recommendation to begin the process of collaborating with the County and other municipalities in Marin. Members of the San Rafael Police Department have reached out to allied law enforcement agencies in neighboring communities to begin a coordinated effort in the furtherance of establishing the joint task force to address this issue. City of San Rafael Response to Grand Jury Findings and Recommendations Page 3 of 4 City of San Rafael 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 R3. Any task force or committee as described in Recommendation 2, above, should consider inviting representatives from Marin County schools, law enforcement, public health officials, and bicycle advocates to provide their input. The City agrees with this recommendation and will implement it by December 31, 2024. Prior to the publishing of the Marin Civil Grand Jury report, members of the San Rafael Police Department acknowledged the growing issue of a -bike safety within the community. In response, members of the San Rafael Police Department reached out to our community partners, including San Rafael City Schools, Marin bicyclist advocacy groups, a -bike retailers, and concerned residents to obtain their input and participation in addressing the issues of a -bike safety in San Rafael. The City is committed to bringing this inclusive and coordinated approach to the joint task force. R4. By December 31, 2024, the Board of Supervisors should explore options for additional funding for student and public education in Marin County about a -bike safety. This recommendation is directed to and pertains to matters solely under the control of the County of Marin Board of Supervisors. Therefore, this recommendation does not require action or a response by the City of San Rafael. City of San Rafael Response to Grand Jury Findings and Recommendations Page 4 of 4 July 16, 2024 The Honorable Mark Talamantes, Presiding Judge, Marin County Superior Court 3501 Civic Center Drive San Rafael, CA 94903 Dick Dumont, Foreperson, Marin County Civil Grand Jury 3501 Civic Center Drive, Suite 275 San Rafael, CA 94903 Re: City of San Rafael response to "With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk" Marin County Civil Grand Jury report dated April 26, 2024 Dear Judge Talamantes and Foreperson Dumont: At the regular City Council meeting on July 15, 2024, the San Rafael City Council reviewed the report "With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk" and in accordance with Penal Code 933 (c) responded to Findings F1 through F6 and Recommendations R1 through R4 as requested. Should the members of the Grand Jury require additional information, please contact Cristine Alilovich, City Manager, at (415) 485-3384. Sincerely, Kate Colin Mayor CALIFORNIA. .• Kate Colin, Mayor • Eli Hill, Vice Mayor • Maribeth Bushey, Councilmember • Rachel Kertz, Councilmember • Maika Llorens Gulati, Councilmember 2023-2024 Marin County Civil Grand Jury With Power Comes Responsibility Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk April 26, 2024 SUMMARY Marin County roads, trails, and paths are enjoyed by many cyclists throughout the year. Over the past decade, the popularity of electric bicycles (e-bikes) has grown, with nationwide e-bike sales almost doubling between 2020 and 2021.1 E-bikes are now used by all types of bike riders in Marin, including commuters, mountain bikers who need a little help getting up steep trails, riders with disabilities or other physical limitations, casual adult riders, and children. Unfortunately, some riders under the age of 16 are not ready for the power of the e-bikes they are operating. Additionally, some young riders are operating e-bikes that have multiple power modes or after- market modifications that make them illegal. The rate of e-bike accidents in Marin among children aged 10-15 is far higher than it is with any other age groups. This has led bike advocacy groups, law enforcement, and public health officials to issue warnings and advisories to Marin families about the danger of e-bikes for children. The laws in California and in Marin do not closely regulate e-bike use. California designates three classes of legal e-bikes. All are limited to 750 watt electric motors. Class 1 and class 3 e-bikes only get electric assistance when the pedals are in use, with class 1 limited to 20 mph assisted speed, and class 3 limited to 28 mph assisted speed.2 Class 2 e-bikes offer pedal-assist electric power, up to 20 mph, and also have a throttle device which will power the bicycle to move even when the rider does not pedal at all. Many class 2 e-bikes can be easily modified to remove the throttle-assisted speed limit, so those e-bikes can travel much faster than 20 mph. These modified bikes no longer legally qualify as e-bikes. Several bills have been proposed in the California State Legislature to further regulate the use of e-bikes, especially among children under age 16. In addition, a few Marin municipalities have passed ordinances regarding e-bikes. The Marin Civil Grand Jury conducted an investigation to determine the extent of the problem when children under age 16 operate e-bikes in Marin, and to explore possible solutions. The Grand Jury concluded that children under age 16 who operate class 2 e-bikes in Marin pose a danger to themselves and others. The Grand Jury also concluded that the same dangers do not apply to youths riding class 1 e-bikes in Marin. 1 Boudway, Ira, Bloomberg, “America’s Best-Selling Electric Vehicles Ride on Two Wheels,” January 21, 2022, https://www.bloomberg.com/news/articles/2022-01-21/u-s-e-bike-sales-outpaced-electric-cars-in-2021, subscription required (accessed 3/18/24). 2 These e-bikes have a sensor to detect the rate of travel. If the bicycle is going 20 mph (class 1 or 2) or 28 mph (class 3), the electric motor is programmed to shut off. Like non -electric bicycles, e-bikes can all travel above those rates, such as when they are coasting downhill. Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 2 of 13 As a result of its investigation, the Grand Jury recommends that Marin County and each of its municipalities closely communicate with each other about the issues addressed in this report, that they adopt rules limiting use of class 2 e-bikes to operators age 16 and older, and that they require all operators and passengers on class 2 e-bikes to wear helmets. The Grand Jury also recommends that the Marin County Board of Supervisors consider looking into sources of funding for expanded e-bike education efforts. BACKGROUND Marin County is very bike-friendly and offers many trails, multi-use paths, and scenic roads. “Biking is built into the fabric and culture of Northern California’s famous getaway Marin County.”3 Many county residents use biking to enjoy the outdoors, enhance their quality of life, improve their health, and reduce automobile traffic. For people who struggle to ride Marin’s rolling hills due to disability, age, or other reasons, e-bikes offer needed power assistance. 4 While most e-bike riders are responsible and careful, concerns have arisen with regard to throttle-assist, or class 2 e-bikes. The class 2 e-bikes have become very popular with younger riders, including many Marin children under age 16. Unlike class 1 and class 3 e-bikes, which are speed-regulated and only get a power boost while the rider is pedaling, class 2 e-bikes can accelerate quickly with no pedaling at all. They can also be modified to exceed 20 mph.5 Class 2 e-bikes are sometimes operated by children and teens in ways that can be unsafe for the riders and others around them.6 Unsafe operation of e-bikes on streets and multi-use paths has resulted in injuries to riders, passengers, and pedestrians.7 3 Joe Kukura, “Beginner’s Guide to Biking in Marin,” Marin Convention and Vistor’s Bureau, January 30, 2018, https://www.visitmarin.org/blog/biking-in-marin-collection/beginners-guide-to-biking-in-marin/, (accessed 3/30/24). 4 Mitch LaRosa, “E-Bikes Increase Mobility Access for Older Adults and People with Disabilities,” National Aging and Disability Transportation Center News, February 24, 2022, https://www.nadtc.org/news/blog/e-bikes-increase- mobility-access-for-older-adults-and-people-with-disabilities/, (accessed 3/29/24). 5 “How to Make Your E-bike Faster: 7 Easy Ways to Boost E-Bike Speed,” eBicycles.com, copyright 2024, https://www.ebicycles.com/how-to-make-your-ebike-faster/, (accessed 3/30/24). 6 See, e.g., James Tark, “Micromobility Products-Related Deaths, Injuries, and Hazard Patterns: 2017-2022,” United States Consumer Product Safety Commission Report, September 2023, https://www.cpsc.gov/s3fs- public/Micromobility-Products-Related-Deaths-Injuries-and-Hazard-Patterns-2017- 2022.pdf?VersionId=BekCvIY03IvMU9nHr2ErziUNXNkPAghJ, (accessed 3/30/24); this report says e-bike injuries have steadily increased since 2017, including 104 fatalities between 2017 and 2022. Also see Bruno Long, “Woman Dies in Collision with Electric Bike, Leads to Emergency Ban on E-Bikes,” Bike Mag, March 1, 2024, https://www.bikemag.com/ebikes/woman-dies-in-collision-with-electric-bike-leads-to-emergency-ban-on-e-bikes, (accessed 3/30/24); this article recounts the death of a 66 year old woman after a collision with a 12 year -old riding an e-bike. 7 Alex N. Gecan, “Sausalito Pedestrian Dies After E-Bike Collision,” Marin Independent Journal, September 20, 2022, https://www.marinij.com/2022/09/20/sausalito-pedestrian-dies-after-e-bike-collision/, subscription required (accessed 3/29/24); Michael Cabanatuan, “Two Marin County Communities Are Trying to Rein in ‘Reckless’ Teens on Speedy E-Bikes,” San Francisco Chronicle, May 1, 2023, https://www.sfchronicle.com/bayarea/article/marin- county-e-bikes-teenagers-17923964.php, subscription required (accessed 3/29/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 3 of 13 APPROACH The 2023-2024 Grand Jury conducted confidential interviews and reviewed federal, state, and local laws and regulations; medical articles; both public and non-public records and websites; and news reports from various sources including data available from Marin Health and Human Services on e-bike accidents in Marin. The Grand Jury’s interviews included: ●Interviews with local bicycle advocates and bicycle safety experts ●Interviews with local officials including: ○Marin school personnel ○Law enforcement officials ○Public health professionals ○Elected leaders This report includes information available as of March 31, 2024. DISCUSSION E-bikes have become increasingly popular since they were introduced in the 1990s.8 As e-bikes proliferated, a patchwork of laws and regulations were created at various levels of government. In recent years, the use of e-bikes has led to concerns on the part of Marin citizens, law enforcement, school personnel, and health care professionals. Federal E-bike Regulations At the federal level, consumer product safety laws define an e-bike, but there are no federal laws pertaining to e-bike use.9 Federal law limits the designation as an e-bike to electrically powered bikes of 750 watts or less, with pedals and with limited speed capacity.10 E-bikes can be powered by the motor alone (a throttle-assist e-bike), and can use a combination of motor and human power (a pedal-assist e-bike). HR 727 essentially makes the sale of such e-bikes legal throughout the country. The definition of e-bikes is also used to distinguish e-bikes from electric motorcycles, mopeds, and other motor vehicles. This is significant primarily because bicycles, including e-bikes, are subject to far fewer age restrictions, licensing, registration, and traffic laws than apply to electric motorcycles, mopeds, other motor vehicles, and their operators.11 8 Ali Rogin, Harry Zahn and Simon Epstein, “E-bike Popularity is Surging, Creating Regulatory Challenges on U.S. Roads,” PBS News Weekend/KQED, October 1, 2023, https://www.pbs.org/newshour/show/e-bike-popularity-is- surging-creating-regulatory-challenges-on-u-s-roads, (accessed 3/29/24). 9 US House of Representatives bill (HR) 727, amended The Consumer Product Safety Act (15 U.S.C. §§ 2051 et seq.) to define a low-speed electric bicycle as “A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.” 10 The requirement that a bike must have pedals to qualify as an e -bike is notable because if there are no operational pedals (or if it has more than 750 watts of power or can exceed 20 mph using only the throttle) then it is an “electric motorcycle” and it is therefore subject to many of the same laws, regulations and requirements as a regular motorcycle. CVC 400-406. 11 “Motorcycles, Mopeds and Scooters,” State of California Department of Motor Vehicles (“Cal DMV”) website article, https://www.dmv.ca.gov/portal/vehicle-registration/new-registration/motorcycles-mopeds-and-scooters/, (accessed 3/29/24); “Bicyclists & Pedestrians,” Cal DMV website article, https://www.dmv.ca.gov/portal/driver- education-and-safety/special-interest-driver-guides/bicyclists-pedestrians/, (accessed 3/29/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 4 of 13 California Vehicle Code E-bike Regulation Many states have passed laws regulating the use of e-bikes. California Vehicle Code (CVC) section 312.5 establishes three classes of e-bikes: ●Class 1 is a pedal-assist e-bike, without a throttle, that will stop providing electric motor assistance at 20 mph.12 ●Class 2 is an e-bike that includes a throttle that can power the bike without pedaling, that will stop providing electric motor assistance at 20 mph.13 ●Class 3 is a pedal-assist e-bike, without a throttle, that will stop providing electric motor assistance at 28 mph.14 In addition to defining the three classes, CVC section 312.5(b) provides that e-bike operators are subject to the same traffic safety laws that apply to operators of other bicycles.15 It also requires that bike manufacturers and distributors in California include a permanent label on all e-bikes, indicating the class designation, the top assisted speed, and the motor wattage.16 Photo of a label on an e-bike for sale in a Marin County store in March 2024. (Photo courtesy of 2023-2024 Marin County Civil Grand Jury) 12 CVC § 312.5(a)(1). 13 CVC § 312.5(a)(2). 14 CVC § 312.5(a)(3). 15 CVC § 312.5(b). 16 CVC § 312.5(c). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 5 of 13 CVC section 21213 also regulates e-bike use throughout California, limiting class 3 e-bike use to operators at least 16 years old, and requiring the use of a helmet for all class 3 operators and passengers.17 Other California laws state that operators of e-bikes, like operators of regular bikes, must follow traffic laws,18 that operators of e-bikes must ride in the same direction as traffic,19 and that users of any class of e-bike under age 18 must always wear helmets.20 Proposed Amendments to California E-bike Regulations A 2023 California Assembly bill, AB 530, proposed licensing requirements and a minimum age of 12 for class 1 and class 2 e-bike users. However, that bill died in the Assembly in January 2024 after facing criticism over the bureaucracy needed for licensing and enforcement.21 Another Assembly bill, AB 1778, which was sponsored by Marin’s District 12 Assemblymember Damon Connolly, was introduced in the state legislature to amend CVC sections 312.5 and 21213. AB 1778 originally sought to amend the Vehicle Code to limit the operation of class 2 e-bikes to people 16 and older, to require that all class 2 e-bike operators and passengers wear helmets, and to mandate that e-bikes cannot exceed the speeds of their class designation.22 In March 2024, AB 1778 was significantly amended. The new bill would make Marin County a test case for comprehensive new e-bike laws. If passed, Marin municipalities, including the county and all cities and towns, would be authorized to pass ordinances regulating e-bike use. Some details of the suggested ordinances include the same limits as the original bill regarding age and speed, and also include rules regarding warnings, citations, fines, safety training classes, and data collection on traffic stops involving e-bikes. Marin would then have to send a report to the state regarding the data it collects.23 On February 29, 2024, California Senate bill SB 1271 was introduced with the goal of clarifying the law regarding multiple-mode e-bikes.24 These are e-bikes that can be switched between lower-power and higher-power modes, which means they may be a class 2 e-bike in one mode, but not a legal e-bike at all in one or more other modes.25 The original version of SB 1271 required that multiple-mode e-bikes be labeled with all of the class numbers of modes in which the bike is capable of operating. It also stripped devices of their e-bike designations if any mode did not “fully conform with the respective class definition when operated in each mode.”26 In 17 CVC § 21213(a) is the age requirement; CVC § 21213(b) is the helmet requirement. 18 CVC § 21200(a)(1). 19 CVC § 21650.1. 20 CVC § 21212(a). 21 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB530 , (accessed 3/17/24). 22 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1778 , (accessed 3/17/24). 23 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1778 , (accessed 3/17/24). 24 California Bill SB1271, introduced 2024-02-29 by Senator Min, https://legiscan.com/CA/text/SB1271/id/2930784 (bill as introduced, accessed 3/13/24) and https://legiscan.com/CA/text/SB1271/2023, (bill as amended on February 15, 2024, accessed 3/29/24). 25 For example, as of March 31, 2024, the electric bicycle brand Super73 was advertising a “Super73 -R Adventure Series” e-bike as going “20+ MPH” and having “Classes 1/2/3” and also “Off -Road” mode. https://super73.com/, (accessed 3/31/24). See also Matt Jancer, “What are Ebike ‘Classes’ and What Do They Mean?”, Wired, October 5, 2023, https://www.wired.com/story/guide-to-ebike-classes/, (accessed 3/31/24). 26 https://legiscan.com/CA/text/SB1271/2023, accessed 3/18/2024, at Sec. 1, 312.5(d). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 6 of 13 other words, a multiple-mode e-bike that has even one mode that is too fast or too powerful to qualify as an e-bike under CVC section 312.5, would automatically be considered an electric motorcycle, not a bicycle at all. SB 1271 was amended in February 2024, leaving the labeling requirement but removing the rest of the multiple-mode restrictions. Both versions of SB 1271 also propose minimum safety standards for batteries on all e-bikes sold, rented, or leased in California, in order to prevent battery fires. E-bike Regulations in Marin County County of Marin Bike Laws Marin County allows class 1 and class 2 e-bikes on public roads and parking lots, on county- owned paved bicycle and multi-use pathways, and in other areas where signs granting permission are posted. This includes the Mill Valley-Sausalito Bike Path and the Corte Madera Creek Pathway.27 E-bikes are not allowed on unpaved trails in Marin Open Space District and Preserve lands and are not allowed on sidewalks anywhere.28 Class 3 e-bikes are allowed on public roads and parking lots, but they are otherwise prohibited within parks and on bike paths unless signs allowing them are posted. Bicycles of all kinds are subject to a 15 mph speed limit on all county- maintained paths except portions of the Mill Valley-Sausalito multi use path, where the speed limit is 10 mph.29 All classes of e-bikes are currently prohibited on Marin Municipal Water District (Marin Water) lands, except on public roads and parking lots.30 However, Marin Water is currently in the process of evaluating class 1 e-bike access to its trails and fire roads. As part of that process, Marin Water has allowed class 1 e-bike access to its fire roads for a substantial period of time. Mill Valley E-bike Ordinance Besides the county, several Marin municipalities also have their own e-bike laws. Mill Valley Municipal Code (MVMC) section 10.04.140 prohibits e-bikes from being ridden on sidewalks and certain other areas. MVMC section 10.30 specifically regulates electric mobility devices, including e-bikes.31 In 2023, Mill Valley police began to issue citations for e-bike operators who violate these laws. Pursuant to Mill Valley’s ordinance, if the operator violating the ordinance is a juvenile, they may attend a “diversion safety program” in lieu of a fine or administrative citation.32 Mill Valley partnered with the Marin County Bicycle Coalition (MCBC), which offers a two hour e-bike 27 “Supervisors Approve Change to E-Bikes Policy,” County of Marin News Release, (September 24, 2019), https://www.marincounty.org/main/county-press-releases/press-releases/2019/parks-ebikes-092419, (accessed 3/31/24); also see Marin Municipal Code (“MCC”) Chapter 13.24, “Bicycles” and Chapter 10.05, “Vehicle and Traffic Regulations.” 28 MMC § 10.05.030 and MMC § 13.24.030; “Supervisors Approve Change to E -Bikes Policy.” 29 MMC § 10.05.050 and “Supervisors Approve Change to E -Bikes Policy.” 30 See, https://www.marinwater.org/visiting-mt-tam, (accessed 3/31/24) which states in part, “E-Bikes are not currently allowed on the watershed.” 31 MVMC §§ 10.30.010-10.30.060. 32 MVMC § 10.30.050(A). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 7 of 13 safety course once every few months. The class costs $150 for youth who were issued citations, or $25 for people taking the course without having been cited.33 However, during its investigation, the Grand Jury determined that the original grant funds provided to MCBC to conduct these safety courses are running out. The classes include on-road instruction as well as a classroom component. The classes are supervised by multiple highly trained and certified instructors, so they cannot be provided inexpensively. The Grand Jury also determined that the classes could continue and potentially even be expanded, if additional grant funds are found. These classes are no longer available to youths using certain class 2 e-bikes, however. Specifically, any multiple mode bike, or modified bike, that can exceed the limits of CVC section 312.5 cannot be used for the safety class. On March 1, 2024, MCBC made the following announcement on its webpage: UPDATE March 1, 2024: MCBC is unable to accept any device with the capability of operating “out-of-class”. These devices are not considered an e-bike, and fall into the category of a motor vehicle. Any product that is capable of reaching speeds greater than 20 mph on motor assistance alone will not be accepted in class. The Super73’s are incredibly common in Marin, and unfortunately most of their models fall into the “out-of-class” category that we can no longer accept in our classes.34 San Anselmo E-bike Ordinances San Anselmo Municipal Code section 3-5.304 states that all bike riders must follow the same rules of the road as vehicle drivers. Section 3-5.803 of the code prohibits vehicles on sidewalks. Therefore, bikes, including e-bikes, are not allowed on San Anselmo sidewalks. Following an accident involving an e-bike, San Anselmo also decreed that e-bikes cannot be ridden in Memorial Park, except on a single multi-use pathway. E-bikes may be walked through the paths in the park, and non-motorized bicycles are allowed on the paths “at a safe speed.”35 Other Proposed Ordinances Other jurisdictions in Marin are also considering e-bike ordinances. The Marin Independent Journal reported in October 2023 that for safety reasons, Novato officials were considering new e-bike rules similar to those in Mill Valley.36 This report followed a 4-1 vote by the Novato City Council to discuss “consideration of an electric mobility device ordinance.”37 As of March 31, 2024, Novato had not adopted an e-bike ordinance. 33 Marin County Bicycle Coalition, E-Bike Smart Marin webpage, https://connect.clickandpledge.com/w/Form/3944a87e-4ef8-40d9-a4f3-4c5c67df8f51, (accessed 3/18/24). 34 Marin County Bicycle Coalition, E-Bike Smart Marin webpage, https://marinbike.org/our-programs/road- advocacy/e-bike-smart-marin/, (accessed 3/18/24). 35 “Electric Bicycles (E-bikes) and Electric Scooters (E-scooters) Road Rules and Laws,” Town of San Anselmo website, https://www.townofsananselmo.org/1576/Electric-Bicycles-E-bikes-and-Electric-S, (accessed 3/31/24). 36 https://www.marinij.com/2023/10/12/novato-to-consider-regulations-for-electric-bikes-scooters, (accessed 3/17/24). 37 Novato City Council October 10, 2023 Meeting Minutes, page 2, Item E.1. novato.granicus.com/DocumentViewer.php?file=novato_bea6927b66550ead9591b6828b297d78.pdf&view=1 , accessed 03/17/2024. Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 8 of 13 Public Health Concerns About E-bike Safety The Grand Jury interviewed dozens of Marin citizens and officials about the e-bike situation, including public health officials, law enforcement officers, school personnel, bicycle advocates, and elected officials; all interviews are confidential. All of them expressed personal concerns about e-bike safety, especially with regard to children on e-bikes. Many interviewees related anecdotes about observing dangerous behavior involving young e-bike operators, including tandem riding, riding without helmets, speeding, riding on sidewalks, and zipping through automobile traffic. The best data source on e-bike injury patterns is Marin County’s Bicycle Safety online dashboard, which began tracking bicycle accident data in October 2023.38 As of March 16, 2024, Marin’s e-bike accident rate was 47 per 100,000 for children aged 10-15, a rate more than five times as high as any other age group (16-39, 40-59, and 60+).39 E-Bike (All Clases) Accident Rates by Age in Marin County From October 7, 2023 to March 16, 2024 (Data Source: Marin Department of Health and Human Services)40 38 https://www.marinhhs.org/bicycle-safety (accessed 3/21/2024) 39 Marin County Health and Human Services Bicycle Safety Dashboard, https://www.marinhhs.org/bicycle-safety, (accessed 3/18/2024). 40 Marin County Bicycle Safety Dashboard, https://www.marinhhs.org/bicycle-safety, accessed 3/17/24. Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 9 of 13 The risk of injury to class 2 e-bike operators is compounded by the fact that although the e-bikes are designed to operate at a top assisted speed of 20 mph, for many models of class 2 e-bikes, a simple adjustment can override this limit.41 In addition to exceeding the 20 mph assisted speed limit, these e-bikes can achieve rapid acceleration without pedaling, unlike class 1 and class 3 e-bikes. As was noted in one national article, class 2 e-bikes are too fast for sidewalks and paths, but they are too slow to be safe for street traffic.42 Several interviewees observed that younger riders sometimes start on Class 2 e-bikes without any past experience on traditional bikes and lack basic road skill and knowledge of traffic laws. Class 2 e-bikes are becoming less expensive and therefore more popular, and their use is likely to increase injury and accident rates. The perception that the use of class 2 e-bikes presents increasing public safety risk was confirmed by a Public Safety Alert issued on November 14, 2023 by Dr. Matt Willis, Marin County’s Public Health Officer, entitled “New Data Prompt E-Bike Safety Alert, Rate of injuries among school-aged children is increasing in Marin.”43 In the Safety Alert, it was noted that during the first month that Marin collected data for the bicycle safety dashboard, “the rate of e-bike accidents for youth ages 10 to 19 years old was nine times higher than that for residents over 20 years old.”44 In addition, trauma surgeons at Marin Health alerted the public to increasing injury rate among 10-15 year old e-bike operators.45 These trauma surgeons noted a dramatic increase in e-bike incidents resulting in serious injuries, some of which have resulted in fatalities. Assemblymember Connolly, when introducing AB 1778, referred to this “shocking increase in accidents” for kids in Marin as the reason for the proposed new law.46 Law Enforcement and E-Bike Safety In confidential interviews with the Grand Jury, multiple law enforcement officials in Marin agreed that e-bikes can be dangerous for young people, but many also said enforcement is complicated because chasing down kids on e-bikes can be dangerous in itself. They also described difficulties determining the age of an operator, the speed being traveled, and the class of e-bike while the bike is in motion. Finally, law enforcement as well as Marin school personnel and bike safety experts are reluctant to have young riders’ first interaction with law enforcement 41 “How to Make Your E-bike Faster: 7 Easy Ways to Boost E-Bike Speed,” eBicycles.com, copyright 2024, https://www.ebicycles.com/how-to-make-your-ebike-faster/, (accessed 3/30/24). 42 Matt Richtel, “A Dangerous Combination: Teenagers’ Accidents Expose E-Bike Risks,” New York Times, July 29, 2023, www.nytimes.com/2023/07/29/health/ebikes-safety-teens.html, requires subscription (accessed 3/29/24) 43 Dr. Matthew Willis, “News Release: New Data Prompt E-Bike Safety Alert, Rate of injuries among school-aged children is increasing in Marin,” Marin County Department of Health and Human Services, November 14,2023, https://www.marincounty.org/main/county-press-releases/press-releases/2023/hhs-ebike-safety-111423, (accessed 3/17/24). 44 Willis, “News Release: New Data Prompt E-Bike Safety Alert, Rate of injuries among school-aged children is increasing in Marin.” 45 Dr. John Maa and Dr. Edward Alfrey, “Trauma surgeons make plea for more e-bike safety,” Marin Independent Journal, December 6, 2023, https://www.marinij.com/2023/12/06/marin-voice-trauma-surgeons-make-plea-for- more-e-bike-safety/, (accessed 3/31/24); Abstract Submitted for presentation to the 19th Annual Congress of Association For Academic Surgery, Feb 6 -8, 2024, Washington DC, E. Alfrey , M. Carroll et.al., You Are More Likely To Die If You Crash Your E-Bike Than Your Pedal Bike: It’s Time For Legislation. 46 “Assemblymember Connolly Introduces Bill to Reduce E -Bike Collisions,” Website for District 12 Assemblymember Damon Connolly, January 3, 2024, https://a12.asmdc.org/press-releases/20240103- assemblymember-connolly-introduces-bill-reduce-e-bike-collisions, (accessed 4/1/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 10 of 13 be an e-bike stop. All these people opined that bike safety training and education are more positive uses of community resources. They also support the MCBC e-bike safety course. However, that popular program is currently without sufficient funding to accommodate everyone in Marin that might benefit from it. It is difficult for first responders to capture information about the specific e-bike model at an accident scene because: ●The required CHP form utilized by all law enforcement organizations in Marin has not been updated since the proliferation of e-bikes. It does not currently contain a section to collect data providing an accurate selection of e-bikes options.47 ●The 911 responders’ primary purpose at an accident scene is to address safety and attend to injuries, not to determine the class of e-bike. ●It can be difficult to easily identify the class or power of an e-bike despite CVC section 312.5’s directive that all e-bikes be clearly labeled with the class, top speed, and wattage. While better data on e-bike accidents would be ideal, both public health and law enforcement officials told the Grand Jury that it would be difficult or impossible to require first responders to record that information, for all the reasons above. It is therefore unrealistic to add a greater data collection burden on first responders attending to bicycle accidents in Marin. School Concerns About E-bike Safety Many Marin school campuses have “walk your wheels” rules that prohibit children from riding bikes, skateboards, and scooters on school grounds. For those campuses, e-bikes are not a particular problem, but school personnel interviewed by the Grand Jury agreed they have seen students riding unsafely off campus. Nearly 60 of Marin’s 75 public schools participate in the Safe Routes to Schools program which is funded by the Transportation Authority of Marin and run by MCBC personnel. About 29,000 Marin students participate each year, learning safe bicycling and pedestrian safety skills from professional instructors.48 As discussed earlier in this report, MCBC also runs an e-bike safety program that was funded by a one-time grant. Such a program cannot currently be added to the Safe Routes to Schools curriculum because of a lack of funds, particularly the cost of certified instructors for the on-road portion of the classes. At least one California school district, Carlsbad Unified in San Diego County, has a permitting program for regular bikes and e-bikes.49 Students there must complete an application and an online safety class, after which they receive a sticker for their bike. Bikes without stickers are not allowed onto any campus in the district. No school in Marin, as of April 1, 2024, has any similar program. School personnel in Marin told the Grand Jury that while they think e-bike safety training for students is a good idea, it is not feasible for their schools to have responsibility for 47 Chapter 14 (nhtsa.gov) (accessed 4/2/24) 48 “About Safe Routes to Schools,” Safe Routes to Schools/Transportation Authority of Marin website, copyright 2024, https://www.saferoutestoschools.org/about/, (accessed 4/1/24). 49 “Bike and eBike Safety,” Carlsbad Unified School District website,” copyright 2024, https://carlsbadusd.net/11885_3, (accessed 4/1/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 11 of 13 such training. All agree that schools also are not equipped to enforce e-bike laws, such as the age limits on class 3 e-bikes, or any new age restrictions on class 2 e-bikes. College of Marin, with campuses in Kentfield and Novato, allows all legal e-bikes. Interestingly, though, there is a trend throughout California state universities and other community colleges, for the schools to ban e-bike use on campus.50 Based on its website, Dominican University in San Rafael does not ban e-bikes. Bicycle Advocate and Bike Safety Experts’ Views The Grand Jury interviewed Marin bicycle advocates and bicycle safety experts, who agreed that e-bikes serve as a very useful tool for commuters, older adults, and other people with limitations that impact their ability to ride regular bikes. Most oppose any widespread ban or extreme limits on the use of e-bikes, including on Marin Water and County lands. However, there was consensus that the current situation, with many Marin children under age 16 using powerful class 2 e-bikes, some modified to exceed legal speeds, is a danger to the children and the community. The majority of these interviewees also agreed it would make sense for Marin to have uniform laws about e-bikes, so that riders traveling through county-controlled land and various Marin cities and towns, will not face different rules every few miles. Now Is The Time for Action E-bike accidents involving youths under the age of 16 are on the rise in Marin County. There is widespread consensus that class 2 e-bikes are too easily modified to exceed legal speed limits. The laws regarding operators and passengers of class 2 e-bikes under the age of 16 are inconsistent and in a state of flux. There is a compelling need for uniform and consistent rules and regulations regarding class 2 e-bikes across the entire county. Now is the time to act. Based on established California law, and as a result of its investigation, the Grand Jury makes the following findings and recommendations. 50 Christina Chkarboul and Jada Portillo, “Are electric bikes allowed at your college in California? Depends on where you go to school,” Cal Matters, November 20, 2023, https://calmatters.org/education/higher- education/college-beat/2023/11/electric-bikes-college-campuses/, (accessed 4/1/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 12 of 13 FINDINGS F1. The increasing number of e-bike accidents involving youths under the age of 16 presents a public health and safety danger in Marin. F2. 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. F3. 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. F4. 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. F5. The funding to continue the e-bike specific safety and training program (E-bike Smart Marin) provided by the Marin County Bicycle Coalition is not sustainable without new sources of funding. F6. 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. RECOMMENDATIONS The Grand Jury recommends that: R1. By December 31, 2024, the Board of Supervisors, and each municipality in Marin should take all steps necessary to adopt an ordinance with regard to class 2 e-bikes with, at minimum, the following provisions: (a)Only people aged 16 or older may operate class 2 e-bikes. (b)Operators of class 2 e-bikes must wear helmets. (c)All passengers on class 2 e-bikes must wear helmets. R2. By December 31, 2024, the County of Marin and each municipality in Marin should take all steps necessary to establish a joint task force or committee to investigate and consider coordination among the county and municipalities about adopting a county-wide uniform set of regulations regarding e-bike use within the County of Marin. R3. Any task force or committee as described in Recommendation 2, above, should consider inviting representatives from Marin County schools, law enforcement, public health officials, and bicycle advocates to provide their input. R4. By December 31, 2024, the Board of Supervisors should explore options for additional funding for student and public education in Marin County about e-bike safety. Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 13 of 13 REQUIRED RESPONSES Pursuant to Penal Code section 933.05, the Grand Jury requires responses from the following governing bodies to each of the Grand Jury’s Findings (F1-F6) and Recommendations (R1 (a), (b), and (c); and R2-R4) within 90 days, as follows: ●Marin County Board of Supervisors ●City of Belvedere ●City of Larkspur ●City of Mill Valley ●City of Novato ●City of San Rafael ●City of Sausalito ●Town of Corte Madera ●Town of Fairfax ●Town of Ross ●Town of San Anselmo ●Town of Tiburon The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act. Note: At the time this report was prepared information was available at the websites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation.