RELATING TO TRANSPORTATION.

SB2989

THE SENATE

S.B. NO.

2989

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to transportation
.

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

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;

���������
(C)
�
Section 8 of the United States Housing
Act of 1937, as amended; or

���������
(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:

_____________________________

Report Title:

Department
of Transportation;
Rebate; Electric Mobility Subaccount; Electric
Mobility Rebate Program;
Electric
Bicycles; Electric Micro Mobility Devices; Regulation; Electric Mobility
Devices; High-Speed Electric Device; Electric Motorcycles;
Reports

Description:

Renames the Electric Bicycle and Electric Moped Rebate
Program to the Electric Mobility Rebate Program.
�
Expands eligibility and amends the maximum rebate
amounts.
�
Allows for the registration of
class 3 electric bicycles that have wheels smaller than twenty inches and that
are intended for adult use.
�
Establishes
safe riding behaviors for electric bicycles.
�
Prohibits the operation
of high-speed electric devices in certain locations.
�
Establishes labeling and signage requirements
for electric bicycles.
�
Prohibits the
operation of a moped or electric motorcycle in certain locations.
�
Amends the definition of "bicycle"
for purposes of county vehicular taxes.
�

Defines "electric micro-mobility device" and requires the same
regulations as electric foot scooters to apply to electric micro-mobility
devices.
�
Prohibits a person under the
age of sixteen from operating a class 3 electric bicycle.
�
Authorizes a person under the age of fourteen
to operate class 2 electric bicycles under supervision.
�
Prohibits a person from riding a class 3
electric bicycle on a sidewalk.
�

Authorizes a person to ride a class 1 or class 2 electric bicycle on a
sidewalk under certain circumstances.
�

Prohibits a person from operating a bicycle or electric foot scooter
under the age of eighteen without a helmet.
�

Repeals the requirement that moped drivers use bicycle lanes.
Changes
the term "motor scooter" to "motor‑driven
vehicle".
�

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.