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Bob Mittelstaedt, for Ebike Access, the Marin based non profit
focused on increasing use of legal e-bikes and curbing illegal
throttle devices.

Last December, CARB re-launched its much-delayed CARB e-bike
incentive program.  Despite its laudable goal -- helping lower
income people buy e-bikes -- it has a serious problem.  Whoever
drew up the list of eligible e-bikes included numerous motorcycles
that don't meet California requirements for e-bikes.  So CARB is
subsidizing and encouraging the purchase of dangerous motorcycles
that are not street legal.  

This is not just a bad look for CARB and an improper expenditure of
State funds.  It also exposes at least the purchasers to legal
liability and to the risk of serious injury.

I alerted this Board and its staff to the problem starting last
December.   Until this morning, I had not received a substantive
response.  Just this morning though I had a constructive telephone
call with staff.  

To ensure continued progress and attention, I want to brief this
Board and offer some constructive suggestions.

I do not think CARB staff did this deliberately or knowingly.  The
same is more difficult to say with regard to the project
administrator, Pedal Ahead, the San Diego company that received a
$10 million grant to run the project. Its former head Ed Clancy is
reportedly under investigation for other problems, and its current
point of contact Scott Anderson previously worked as chief
marketing officer for Juiced Bikes, the maker of one brand of rogue
motorcycles.

Incidentally, the term rogue motorcycles was coined by CalBikes,
one of the sponsors and supporters of this incentive program which
has joined our campaign to address the problem of overpowered
vehicles being sold as e-bikes.  

An example of a rogue motorcycle included on the eligible list at
the time of the launch is Juiced Bikes RipRacer.  Its motor is
capable of providing assistance above 20 mph--the legal limit for
throttle ebikes. It provides software that makes it easy for riders
to change the setting to what they call Race Mode and go 35 mph. 
For that reason, it's my understanding that Juiced did not put an
ebike label on this vehicle and did not claim it met California
ebike standards.

Nonetheless, this model was included on the eligible list for the
CARB program administered by its former CMO, along with numerous
other rogue motorcycles. 

From my conversations with staff this morning, I believe that they
are now taking this seriously and want to get to the bottom of it. 


Suggested action items by CARB:

 Ensure that staff provides a full report on how and who prepared
the  eligible ebike list; identify which vehicles have been
purchased under the program to date; seek a refund from those
retailers and manufacturers; notify those purchasers that they
should return the vehicle and receive a refund .
 Make this report available to the public, in the interest of
transparency and public education.
Refer the matter to the AG for investigation of the manufacturers
and retailers, both as to how they got on the approved list and the
consumer fraud aspects of their businesses.

I note that a consumer fraud class action is pending in Marin
Superior Court against one manufacturer, Super 73.  It is not on
the eligible list but the lawsuit provides a model for the AG to
consider in suing those on the list that do not exceed the
permissible standards for e-bikes. 

I would be happy to discuss further and provide whatever
information you request.