The author of proposed legislation regulating the use of electric bicycles in Hawai‘i is hoping to persuade Gov. Josh Green to change his mind about vetoing the bill.

Rep. Darius Kila and supporters of House Bill 958 say it is an important measure that comes in response to the growing use of e-bikes in the islands. They cite statistics that show the number of bicycle-related fatalities over the past three years has nearly doubled compared to the three years prior.

HB 958 is one of 19 measures the governor identified Friday for a potential veto. “While mopeds and motorcycles are exempt from the prohibition established within this bill, on ‘high-speed electric devices’ driving on public roadways, electric cars are not exempt,” the governor said in a press release.

(“High-speed electric device” refers to any vehicle with a motor exceeding 750 watts and capable of speeds over 28 mph.)

Passage of the bill would also possibly violate the Commerce Clause and Equal Protection Clause of the U.S. Constitution, according to Green’s veto rationale, “and conflict with the administration’s commitment to reducing greenhouse gas emissions.”

The Commerce Clause grants the U.S. Congress the power to regulate business activities that cross state lines, while the Equal Protection Clause (part of the 14th Amendment) says states cannot discriminate against individuals or groups without a valid reason.

Kila, however, said HB 958 does not in fact impact electric cars.

“The bill was carefully drafted to address a specific and growing regulatory gap concerning electric bicycles and micromobility devices, not to alter the legal framework governing registered motor vehicles,” the Oʻahu Democrat wrote in a May 23 memo to Will Kane, a senior adviser to the governor.

A similar argument was made in a letter sent Monday to Green by Roger Morton, director of Transportation Services for the City and County of Honolulu. He said HB 958 “clearly and narrowly” targets two- and three-wheeled “electric mobility devices” such as e-bikes and electric motorcycles.

EVs such as Teslas, Morton explained, are already regulated under separate motor vehicle statutes and are subject to licensing, insurance and registration requirements not affected by HB 958.

“Without this legislation, enforcement agencies will remain without the tools needed to address unsafe and often illegal behaviors,” wrote Morton, making arguments similar to Kila, who is chair of the House Transportation Committee.

The governor is sticking with his veto rationale but suggested some wiggle room. “He will use this time to fully evaluate the impacts of the bill and the intent to veto list allows him to do that in a thoughtful and careful manner,” according to an emailed statement.

Kila said he appreciated the governor’s office taking the time to conduct a thorough review “and to ensure this measure is understood in full context,” as he put in his May 23 memo. “My door remains open for continued discussion.”

Defining E-Bikes

The rationale for HB 958, Kila explained, is grounded in public safety. It was developed through a combination of enforcement challenges and community input around the “rapid rise of high-powered, unregistered electric bikes” and recreational mobility devices operating on sidewalks and bike lanes “without any meaningful regulation.”

Kila said his bill provides “a foundational framework” to ensure e-bikes can be used safely and responsibly — “especially around our keiki and kūpuna” — while still allowing for legitimate, low-impact use.

More than a dozen bills addressing electric bikes were considered during the 2025 legislative session, which ended May 2. But HB 958 was the only one that made it to the governor’s desk, and with very little opposition.

Much of the bill spells out what is — and what is not — an e-bike. It even defines bicycles: vehicles 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.”

E-bikes are classified in three ways in the bill:

• “Class 1 electric bicycle” means an e-bike equipped with a motor that provides assistance only when the rider is pedaling. Assistance ends when the bike reaches 20 MPH.
• “Class 2 electric bicycle” means an e-bike equipped with a motor that may be used “exclusively” to propel the bike and that is not capable of providing assistance when the bicycle reaches 20 MPH.
• “Class 3 electric bicycle” means an e-bike with a motor that provides assistance only when the rider is pedaling. The assistance stops when the bike, which must equipped with a speedometer, reaches 28 MPH.

Even “electric micro-mobility devices” are defined in the bill: a device that weighs no more than 75 pounds and is “fully or partially motorized and used for personal transportation,” such as electric skateboards. The devices do not include electric bicycles or electric foot scooters.

Eduardo Hernandez, the advocacy director for the Hawai‘i Bicycling League, said considerable attention and collaboration was given to the language in the bill in order to make the law enforceable. He noted that Hawai‘i is one of 10 states that lacked such statutory definitions.

HB 958, said Hernandez, would bring Hawai‘i in line with national standards on e-bikes and even goes a little beyond them. In addition to defining what is meant by an e-bike, for example, the measure also forbids people under the age of 18 from using a bicycle or electric foot scooter without a helmet.

People under the age of 16 would also be prohibited from operating a class 3 e-bike. But under HB 958 those under the age of 14 could operate class 2 e-bikes under supervision.

“We were disappointed to see this bill come into the governor’s potential veto list, and we certainly hope that he does not veto it,” said Hernandez. “The bill shows that the Legislature wanted to be responsive to what we are seeing on our streets.”

A legislative conference committee report on HB 958 makes note of the rise in bicycle-related fatalities over the past three years, including one e-bike-related fatality each year since. The incidents include one in 2023 involving a 13-year-old boy and another this year involving a 7‑year-old girl.

Other provisions of the bill include the following:

• “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”;
• “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”; and
• “Manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle.”

Among the bill’s supporters is Green’s own director of the state Department of Transportation, Ed Sniffen.

In addition to the e-bike bill, the governor’s intent to veto list also targets bills to sunset tax credits for the solar and film industries, to amend state law on asset forfeiture and to regulate the labeling of Māmaki tea.

Green has until July 9 to veto, sign or let bills become law without his signature. The Legislature then has the option to hold a special session that day to override vetoed bills, though that’s rare.

Separately, the governor and the Legislature are considering holding a special session this fall to make adjustments to the state budget in light of President Donald Trump’s proposed economic and domestic policies.