State Legislatures Pass Mixed Bag of Bike Bills in 2023

As we’ve passed the halfway point of 2023, state legislatures are winding down for the year. According to Ballotpedia, by June 30th all but nine state legislative sessions were closed. Eight of the remaining states have full-time legislators that may meet throughout the year after adjourning their regularly scheduled sessions. This means most of the bills covered in our previous post, “2023 State Bike Bills: The Good. The Bad. The Ugly.” have reached the end of their journey for this year. Now that most state houses are out for summer, let’s take a look to see what happened with the bills we tracked this session. 

E-Bike Rebate Bills

While all e-bike rebate programs are inherently good, not all programs are created equally. Some types of rebates like tax credits and post-sale rebates require buyers to pay the cost of the e-bike upfront. Because these rebates require consumers to pay the full purchase price, they pose a barrier for some who would like to purchase an e-bike using the rebate. Point-of-sale rebates provide a rebate or discounted price when someone purchases the e-bike, allowing more people to utilize these rebates. 

The Good. New York’s Ride Clean Program proposal for e-bikes is a point-of-sale rebate. These types of rebates are the most equitable and effective because they make e-bikes more affordable by providing an instant discount on the full cost of the electric bike. 

So far this bill (SB 314) has been passed by the NY Senate and is currently making its way through the state Assembly. New York’s regular legislative session ended on June 8th, however, New York is one of the eight states that have full-time legislators so there is still time for the state to pass the Ride Clean E-bike Rebate. 

The Bad. Oklahoma’s bill HB 2099 is a post-sale rebate. That means buyers are reimbursed for the e-bike purchase after the sale, meaning only individuals who can afford the full price of an e-bike can utilize the rebate. These types of rebates often require an application and submission of receipts that serve as an added barrier to getting more people on bikes. 

House Bill 2099, hasn’t progressed since being referred to the Revenue and Taxation Subcommittee on February 7th and failed to pass either chamber before the Oklahoma session ended on June 26th. 

The Ugly. New Jersey’s AB 630 is a tax credit style rebate. These are the least accessible and equitable types of e-bike rebates. The purchaser must be able to afford the total cost of the e-bike and wait until their taxes are filed to utilize tax credit rebates. Depending on their tax situation, they might not even see a refund from the rebate.

Assembly Bill 630 hasn’t moved since being carried over from last year’s session. While it seems unlikely to pass at the moment, New Jersey is one of the eight states with a full-time legislature, so it’s possible it could progress later in the year. We’ll be keeping an eye on this one and New Jersey’s other e-bike rebate bill that could be better, AB 5350, as it is similar to Oklahoma’s post-sale rebate above. 

Cycling Safety Bills

The Good. Hawaii’s Senate Bill 1056 could help municipalities lower speed limits by removing the time-consuming and costly requirement for an engineering study before making reductions to maximum speed limits. Ultimately this bill could make it easier for municipalities to lower speed limits creating safer roads for cyclists and pedestrians. 

Senate Bill 1056 made it through one chamber of Hawaii’s legislature before their legislative session ended on May 4th. We’re hopeful that this bill, and similar legislation aimed at lowering speeds in areas with high volumes of pedestrians and bicyclists in New Mexico, will be reintroduced next year. Over the last half decade, several states like Washington and Minnesota have adopted legislation to reduce burdens on municipalities lowering speed limits.

The Bad. This session, New York introduced Senate Bill 1375, a bill requiring the use of a bicycle helmet by all riders in New York City. Most would agree wearing a helmet is a simple and effective way to improve safety while riding a bike. While wearing a helmet is highly recommended, the League does not support mandatory helmet laws because requiring people to wear one can negatively impact bicycle use and bicycle safety. 

This piece of legislation has not progressed since being referred to the Senate Transportation Committee in January. Despite being dormant since the beginning of the year, the state’s full-time legislature means they’re essentially in session until December 31st. We’ll be checking regularly to see if this bill makes any progress toward becoming law in New York. 

The Ugly. Several states introduced legislation that conflates a cyclists’ right to the road with bikes being the same as cars. Simply, public policy should reflect that bikes pose much less danger to other road users than cars and trucks. 

New York is attempting to require bicycles to be registered and display license plates like automobiles. A bill in Massachusetts would charge cyclists the same fines as people driving vehicles. Lastly, one bill in New Hampshire would require cyclists riding anywhere with other modes of transportation – while riding in a bike lane or not – to have a 4” diameter mirror on each handlebar. 

Fortunately, none of these bills have made progress in their respective states yet. The New Hampshire bill was killed in committee, but both New York and Massachusetts have full-time legislatures. We’re hopeful these bills won’t become laws. 

Cycling Infrastructure Bills

The Good. House Bill 408 in New Mexico requires “a protected bike lane be incorporated when making a roadway improvement within the limits of a municipality of at least ten thousand.” The creation of safe cycling infrastructure is almost always good. 

Unfortunately, HB 408 didn’t get far in New Mexico’s legislative process. Despite the setback, this bill is a good indicator for the future of cycling infrastructure in New Mexico. 

The Bad and The Ugly. Arizona had a trio of bills that would restrict the creation of bicycle paths and other related cycling infrastructure. Senate Bill 1122 would change the funding rules regarding the use of sales tax revenue in Maricopa County, resulting in the inability of the local community to fund bike and walking-specific infrastructure projects. Senate Bill 1313 removes the requirement for General Plans to include bicycling, meaning all future developments could lack proper accommodations for people who bike. The final bill would have banned the planning, design, or construction of bicycle paths and pedestrian walkways parallel to and separate from state routes. 

Thanks to those advocating on the ground in Arizona and those Arizonans who responded to the League’s action alert – none of these bills became law this session! Two of the bills failed a vote in the full Senate, while the third failed to pass out of committee. 

Good Bills That Became Law in 2023

While none of the bills we highlighted as “good” in our original writeup made it to a governor’s desk to be signed into law (yet, let’s go NY!), that doesn’t mean states didn’t pass some good legislation to improve cycling. 

Minnesota passed its Omnibus Transportation Policy and Finance bill that includes the creation of an e-bike rebate program, several cycling-related infrastructure investments, and new road and sidewalk cycling rules, including no longer requiring cyclists to stop at stop signs other than to yield for pedestrians and vehicles that arrived at the intersection before the cyclists. A 2022 review by the National Highway Traffic Safety Administration of the eight states with similar laws found, “these laws showed added safety benefits for bicyclists in States where they were evaluated, and may positively affect the environment, traffic, and transportation.” 

Washington passed a good bill that could increase cycling infrastructure and commuting across the state. Senate Bill 5452 authorizes the use of impact fee revenue to fund improvements to bicycle and pedestrian facilities. This bill will give local governments more resources to use for the creation of cycling infrastructure. 

Conclusion

Most states have either adjourned or are preparing to end their legislative sessions for 2023. We’ll be keeping an eye out for any legislation that may progress through the few states that have year-round ability to convene. We’re looking forward to 2024 and a fresh batch of cycling-related bills to advocate around and hopefully get passed into law ultimately making cycling more accessible, safer, and more fun for everyone. 

Don’t forget, your voice is critical at all levels of government from local and state governments to the halls of Congress and the White House. We encourage you to connect with one of the many League member advocacy organizations in your area to get involved in building a Bicycle Friendly State and shaping how federal resources are utilized in your neighborhood. Click here to find a state or local member organization near you.