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New project finds thousands of bike-related state and local bills

Published July 9, 2015

BOULDER, Colo. (BRAIN) — For the first time, the bike industry has made a thorough search for state and local legislation related to bicycles, and the search uncovered thousands of proposed laws in all 50 states.

PeopleForBikes and the Bicycle Product Suppliers Association supported the legislative monitoring project, which kicked off late last year. Alex Logemann was hired to do the search. He has examined more than 20,000 bills and 7,000 regulations through a search of keywords important to industry companies.

"There are a dizzying array of proposed new laws that show up every day," said Logemann, a Harvard Law School and avid cyclist who worked for a Denver law firm before he was hired. His position is now full time.

"Lawmakers seem intent on regulating cyclists and bicycle-related products, and we're here to keep an eye on them," he said.

Logemann offered a few examples from the thousands of laws proposed in recent months, and the industry's reaction to them:

1) Lighting Laws. In its original form, California AB 28 would have required that all bicyclists use a white flashing rear light at night.

"We coordinated with CalBike, who was in touch with the bill sponsor, to provide industry input, and this legislation was amended to require a red rear light or reflector when riding at night. We have also monitored bills addressing bicycle lights in Iowa, Massachusetts, and Oregon this session to ensure that any reforms are consistent with products on the market."

2) Quick Release Restrictions. New Jersey has seen nine bills introduced since 2006 attempting to regulate the use of quick releases on bicycles. The BPSA has been engaged on this subject since a version of this bill passed the New Jersey Assembly in 2007, and then died in the Senate. Senate Bill 1517 is the most recent version of this legislation, and remains pending this session.

"We are continuing to monitor this bill, and remain ready to act if it sees any movement."

3) Fees on Bicycles and Accessories. In 2014 and 2015, laws that would have imposed new fees or taxes on bicycling were proposed in California, Georgia, Indiana, Minnesota, Oregon, and Wisconsin. In some states the fees were as high as $25 on the sale of a new bicycle.

"While these proposals did not pass, we continue to closely watch any bills that would impose additional costs on bicycles and related accessories. On a positive note, we have also observed bicycle-friendly bills in New York state that would exempt bicycle helmets from sales tax, and provide a tax credit for new bicycle purchases."

4) Chemical Restrictions. State legislatures have been particularly active in working on laws that regulate the use of chemicals in consumer products. Many of these bills require manufacturers of products containing listed chemicals to report their presence, and several bills even ban products containing listed chemicals.

"Of the more than 100 bills that have been introduced on this subject, we are closely tracking 24 bills that are more likely to affect the bicycle industry, engaging with partners that test our products for technical analysis, and developing relationships with external groups that share our concerns on this issue."

The groups are continuing to monitor legislation in states with sessions extending later into 2015, laying groundwork for the 2016 legislative sessions and have identified several potential issues that are likely to emerge next year.

Logemann noted that "industry engagement is a key component of our work, and we are most successful when we include local retailers and suppliers in our campaigns. PeopleForBikes and the BPSA can coordinate most of the behind the scenes action, but having the voice of the constituent when we approach legislators makes the biggest impact."

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