I. The 2011 Ordinance Bans Motor Vehicles, Not Class 1 E-bikes. Thus, They Are Entitled to the Same Access as Other Bicycles Without Any Further Action.
Under California law since 2015, a class 1 e-bike (also called “low-speed pedal-assisted electric bicycle”) is a bicycle, not a “motorized bicycle” or a “motor vehicle.” It is allowed the same access as other bicycles, unless the local jurisdiction passes an ordinance prohibiting such access. (Cal. Veh. Code §§ 231, 312.5(a)(1)-(3)), 21207.5(b), 24016(b)).
Marin Water has been evaluating class 1 e-bikes since 2018. But it has never passed an ordinance prohibiting their use where other bicycles are allowed. Thus, as a matter of California law which is binding on Marin Water, class 1 e-bikes are entitled to equal access.
Some have assumed that the 2011 ordinance, 9.04.01, covers e-bikes, although it does not appear that any opinion was obtained from legal counsel. The staff's assumption is incorrect under California law, and Marin Water has never offered an opinion of its lawyer on this point. The ordinance provides that no person shall operate any “motor vehicle” on district lands other than public roads or parking lots. It defines “motor vehicles” to include “cars, trucks, motorcycles, motor-driven cycle[s], motorized scooter, self-balancing motorized personal transportation vehicle[s] or similar vehicles.” The definition of prohibited motor vehicles does not include “bicycles” or “electric bicycles.” Indeed, the very next provision in the ordinance expressly allows bicycles which, as noted above, includes electric bicycles under California law.
The stated purpose of the ordinance was to conform to the definition of “motor vehicle” in the California Vehicle Code. That Code, as noted, specifically excludes class 1 e-bikes from the definition of “motor vehicles.” “[A]n electric bicycle is not a motor vehicle.” Cal. Vehicle Code 24016(b). Rather, “[a]n electric bicycle is a bicycle.” Cal. Vehicle Code 231.
II. The Marin Water Experience With Class 1 E-bikes In The Last Decade Shows Why They Should Not Be Banned Now.
Most people thought, correctly as it turned out, that class 1 e-bikes were allowed on Mt. Tam all along. They account for an estimated 25% to 50% of the bicycles on Mt. Tam today. We know from that experience that their impact on fire roads designed for heavy vehicles has been insignificant; that water quality has been unaffected bicycles of any type and remains excellent today; and that, over the years, hikers, cyclists and equestrians generally had learned to share the road and “slow and say hello.” Hikers who wanted a bike-free experience had 60 miles of trails for their exclusive use. E-bikes allow Marin’s increasingly older population and those with disabilities to enjoy outdoor recreation, which helps with our physical and mental health. The health benefits are undeniable.
III. Public support for ebikes has been repeatedly demonstrated.
A majority of the 2018 public workshop held by Marin Water favored equal ebike access.
A majority of the Community Advisory Committee on E-bikes in 2019-2020 was also in favor.
The Marin Water 2023 survey of over 1,000 visitors who stopped to take the survey (75% of whom were hikers) confirmed all of this. A strong majority viewed the condition of the roads and trails as good to great. Only 1% reported feeling unsafe, and the causes ranged from coyotes and dirty bathrooms to rude visitors, dogs off leash, etc.
And the December 2023 presentation by Blue Point Conservation Service confirmed that the Northern Spotted Owl population is flourishing.
Officially allowing e-bikes won’t result in a material increase in crowds because most believe that e-bikes are already allowed.
IV. The GGNRAA Experience Also Supports Equal Access.
Since 2019, the GGNRA has allowed class 1 e-bikes almost everywhere that traditional bicycles are allowed. Each year, the Superintendent reviews the conditions on the GGNRA roads and trails, and evaluates whether to continue allowing class 1 e-bikes. And each year, the Superintendent has found that those e-bikes should continue to enjoy equal access.
V. An Inclusive, Welcoming Approach is In Keeping With Marin’s Finest Tradition and William Kent’s Vision.
When William Kent transferred the watershed to Marin Water over 100 years ago, his vision was for the “preservation and development of the whole Mt. Tamalpais area as a recreation area and water district.” Kent believed that “parks should serve the needs of a democratic people . . . removing privileges reserved for only a few.” Providing equal access of the older population and those with disabilities, and others who want to ride pedal-assist e-bikes is fully consistent with this imperative.
THE NEW 2024 E-BIKE PILOT PROGRAM IS A CULMINATION OF FIVE YEARS OF OUR WORK. IT IS A MAJOR STEP IN THE RIGHT DIRECTION ALTHOUGH IT IS A BIT LIKE DRIVING A CAR ACROSS THE U.S. AND THEN BEING GIVEN A CHANCE TO “TEST DRIVE” IT. WE ALREADY HAVE MORE THAN ENOUGH DATA AND EXPERIENCE FOR MARIN WATER TO TREAT CLASS 1 E-BIKES AS BICYCLES, AS PROVIDED IN CALIFORNIA LAW.
