A Bill for an Act
Page 1, Line 101Concerning requirements related to electrical assisted
Page 1, Line 102bicycles offered for sale in the state.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Section 1 of the bill:
- Requires that a seller of an electrical assisted bicycle must make certain disclosures to the purchaser regarding the characteristics of the electrical assisted bicycle;
- Requires that, on or after January 1, 2026, a manufacturer or distributor of an electrical assisted bicycle must label each electrical assisted bicycle with certain information about the electrical assisted bicycle;
- Requires that, on or after January 1, 2026, a seller of an electrical assisted bicycle must provide a customer with certain written information about existing resources where the customer can find safety information for electrical assisted bicycles;
- Prohibits a person from selling or offering to sell a vehicle that is not an electrical assisted bicycle if the vehicle is falsely labeled as an electrical assisted bicycle; and
- Prohibits a person from advertising, offering for sale, or selling a vehicle that is not an electrical assisted bicycle by using certain words associated with electrical assisted bicycles without providing a disclosure that the vehicle is not in fact an electrical assisted bicycle.
- A vehicle that is modified so that it no longer meets the requirements for any electrical assisted bicycle class; or
- A vehicle that is designed, manufactured, or intended by the manufacturer or seller to be easily configured so as not to meet all the requirements of an electrical assisted bicycle class.
Currently, "electrical assisted bicycle" is defined as having to conform to one of 3 classes based on the highest achievable speed and type of motor of the electrical assisted bicycle. Section 2 amends the existing definition of "electrical assisted bicycle" to clarify that the following vehicles are not an electrical assisted bicycle:
Section 2 also defines "multiple mode electrical assisted bicycle" to account for electrical assisted bicycles that are capable of switching between different classes.
Section 3 clarifies that a multiple mode electrical assisted bicycle must meet all the requirements applicable to each respective class of electrical assisted bicycle for which the multiple mode electrical assisted bicycle provides for operation.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 42-4-221, amend (11); and add (9)(c), (10)(d), (12), (13), and (14) as follows:
Page 2, Line 342-4-221. Bicycle, electric scooter, and personal mobility
Page 2, Line 4device equipment - sale of electrical assisted bicycle equipment
Page 2, Line 5requirements - deceptive trade practice. (9) (c) On or after January
Page 3, Line 11, 2027, the label required by subsection (9)(a) of this section
Page 3, Line 2must, for a multiple mode electrical assisted bicycle, also
Page 3, Line 3identify the highest class or each of the classes in which the electrical assisted bicycle is capable of operation.
Page 3, Line 4(10) (d) A multiple mode electrical assisted bicycle must
Page 3, Line 5meet all the requirements in this article 4 applicable to each
Page 3, Line 6respective class of electrical assisted bicycle for which the
Page 3, Line 7multiple mode electrical assisted bicycle provides for operation.
Page 3, Line 8(11) A person
whoPage 3, Line 9(12) (a) A person shall not sell or offer to sell, in a store
Page 3, Line 10or online, a vehicle that is not an electrical assisted bicycle if
Page 3, Line 11the vehicle is falsely labeled as a class 1, class 2, class 3, or multiple mode electrical assisted bicycle.
Page 3, Line 12(b) A person shall not advertise, offer for sale, or sell, in
Page 3, Line 13a store or online, a vehicle that is not an electrical assisted bicycle:
Page 3, Line 14(I) By representing the vehicle as an electrical assisted bicycle; or
Page 3, Line 15(II) (A) Using the words "electrical assisted bicycle",
Page 3, Line 16"electric bike", "e-bike", or other similar terms without
Page 3, Line 17providing the following disclosure in clearly legible, written
Page 3, Line 18form: "This vehicle is not an electrical assisted bicycle as
Page 3, Line 19defined in state law pursuant to section 42-1-102, Colorado
Page 3, Line 20Revised Statutes. It is instead a type of motor vehicle and
Page 3, Line 21subject to applicable motor vehicle laws if used on public roads
Page 4, Line 1or public lands. Your insurance policies may not provide
Page 4, Line 2coverage for accidents involving the use of this vehicle. To
Page 4, Line 3determine coverage, you should contact your insurance company or agent."
Page 4, Line 4(B) The disclosure required pursuant to subsection
Page 4, Line 5(12)(b)(II)(A) of this section must be provided at the store where
Page 4, Line 6the vehicle is advertised or sold and, for a vehicle advertised or
Page 4, Line 7sold online, on the website for the vehicle and in any social media marketing for the vehicle.
Page 4, Line 8(c) A person that violates this subsection (12) commits a
Page 4, Line 9deceptive trade practice under the "Colorado Consumer Protection Act", article 1 of title 6.
Page 4, Line 10(13) A seller of an electrical assisted bicycle shall disclose to the purchaser:
Page 4, Line 11(a) The motor power in watts of the electrical assisted bicycle;
Page 4, Line 12(b) The maximum speed of the electrical assisted bicycle;
Page 4, Line 13(c) Whether the electrical assisted bicycle is a class 1,
Page 4, Line 14class 2, class 3, or multiple mode electrical assisted bicycle; and
Page 4, Line 15(d) For a class 3 electrical assisted bicycle or multiple
Page 4, Line 16mode electrical assisted bicycle that is capable of operating as
Page 4, Line 17a class 3 electrical assisted bicycle, a statement that it is
Page 4, Line 18unlawful for an individual who is under sixteen years of age to operate a class 3 electrical assisted bicycle in Colorado.
Page 4, Line 19(14) (a) A person shall not manufacture, distribute,
Page 4, Line 20assemble, recondition, sell, offer to sell, lease, or rent a
Page 5, Line 1lithium-ion battery or a second-use lithium-ion battery as part
Page 5, Line 2of or intended for use in an electrical assisted bicycle unless
Page 5, Line 3the lithium-ion battery or second-use lithium-ion battery has
Page 5, Line 4been certified by an accredited testing laboratory for
Page 5, Line 5compliance with a battery standard referenced in UL 2849 or EN
Page 5, Line 615194, or another safety standard approved by the director of the division of fire prevention and control.
Page 5, Line 7(b) (I) If certification has been obtained pursuant to
Page 5, Line 8subsection (14)(a) of this section, the certification or the logo,
Page 5, Line 9wordmark, or name of the accredited testing laboratory that provided the certification must be displayed:
Page 5, Line 10(A) On the packaging or documentation for an electrical
Page 5, Line 11assisted bicycle or a lithium-ion battery or second-use
Page 5, Line 12lithium-ion battery intended for use in an electrical assisted bicycle at the time of sale; or
Page 5, Line 13(B) Directly on the electrical assisted bicycle or the
Page 5, Line 14lithium-ion battery or second-use lithium-ion battery intended for use in an electrical assisted bicycle at the time of sale.
Page 5, Line 15(II) The certification or the logo, wordmark, or name of
Page 5, Line 16the accredited testing laboratory that provided the
Page 5, Line 17certification need not be displayed for an electrical assisted bicycle that is being sold secondhand or rented.
Page 5, Line 18SECTION 2. In Colorado Revised Statutes, 42-1-102, amend (28.5); and add (1.5), (47.7), (60.2), and (88.7) as follows:
Page 5, Line 1942-1-102. Definitions. As used in articles 1 to 4 of this title 42, unless the context otherwise requires:
Page 5, Line 20(1.5) "Accredited testing laboratory" means a testing
Page 6, Line 1laboratory that is recognized by the federal occupational
Page 6, Line 2safety and health administration or an independent laboratory
Page 6, Line 3that has been certified by an accrediting body to the standard
Page 6, Line 4ISO 17025 or standard ISO 17065 of the International Organization for Standardization.
Page 6, Line 5(28.5) (a) "Electrical assisted bicycle" means a vehicle having two
Page 6, Line 6or three wheels, fully operable pedals, and an electric motor not
Page 6, Line 7exceeding seven hundred fifty watts of power. Electrical assisted bicycles
Page 6, Line 8are further required to conform to
one of threePage 6, Line 9
(a)Page 6, Line 10assisted bicycle equipped with a motor that provides assistance only when
Page 6, Line 11the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.
Page 6, Line 12
(b)Page 6, Line 13assisted bicycle equipped with a motor that provides assistance regardless
Page 6, Line 14of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.
Page 6, Line 15
(c)Page 6, Line 16assisted bicycle equipped with a motor that provides assistance only when
Page 6, Line 17the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour.
Page 6, Line 18(b) "Electrical assisted bicycle" does not include:
Page 6, Line 19(I) A vehicle that is modified so that it no longer meets the requirements for any class of electrical assisted bicycle; or
Page 6, Line 20(II) A vehicle that is designed, manufactured, or intended
Page 6, Line 21by the manufacturer or seller to be easily configured so as not
Page 7, Line 1to meet the requirements of an electrical assisted bicycle,
Page 7, Line 2whether by a mechanical switch or button, by changing a
Page 7, Line 3setting in software controlling the drive system, by use of an
Page 7, Line 4online application, or through other means intended by the manufacturer or seller.
Page 7, Line 5(47.7) "Lithium-ion battery" means a rechargeable
Page 7, Line 6battery with an organic solvent electrolyte and positive and
Page 7, Line 7negative electrodes that utilize an intercalation compound in which lithium is stored.
Page 7, Line 8(60.2) "Multiple mode electrical assisted bicycle" means
Page 7, Line 9an electrical assisted bicycle equipped with switchable or
Page 7, Line 10programmable modes that provide for operation as two or more
Page 7, Line 11of a class 1, class 2, or class 3 electrical assisted bicycle in
Page 7, Line 12conformance with the definition under this section for each respective class.
Page 7, Line 13(88.7) "Second-use lithium-ion battery" means a
Page 7, Line 14lithium-ion battery that has been assembled, refurbished,
Page 7, Line 15repaired, repurposed, or reconditioned using cells removed from used batteries.
Page 7, Line 16SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:
Page 7, Line 176-1-105. Unfair or deceptive trade practices - definitions.
Page 7, Line 18(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
Page 7, Line 19(iiii) Violates section 42-4-221 (12).
Page 7, Line 20SECTION 4. Act subject to petition - effective date -
Page 7, Line 21applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 8, Line 1the expiration of the ninety-day period after final adjournment of the
Page 8, Line 2general assembly; except that, if a referendum petition is filed pursuant
Page 8, Line 3to section 1 (3) of article V of the state constitution against this act or an
Page 8, Line 4item, section, or part of this act within such period, then the act, item,
Page 8, Line 5section, or part will not take effect unless approved by the people at the
Page 8, Line 6general election to be held in November 2026 and, in such case, will take
Page 8, Line 7effect on the date of the official declaration of the vote thereon by the governor.
Page 8, Line 8(2) This act applies to conduct occurring on or after the applicable effective date of this act.