Fair point. I wonder if they could do something like "x volts or less" OR "governed at x mph" rather then both. This would allow say a 20 mph cargobike with a powerful engine, while not allowing 150lb fatbikes going 40 down the trail. At the same time, light bikes that have low voltage motors can enjoy mild assist up to speeds they would otherwise be able to achieve with muscle power alone by peddling on a slight grade.

My main bike is a 35-40lb ebike with a 250v motor. It's class 3, so it cuts out at 30mph, but because its so light and the assist is so mild, it fits better with bikes than motorcycles. Peddling on flat ground, you're lucky to get it to 20 without buns of steel. It's much lighter and less assisted than even a run of the mill ebike, but it's not legal to ride on most paths.

Having said that, I ring my bell whenever I pass someone and I limit my speed on multi-use paths. I'm not causing problems, but the proposed solution impacts riders like me. I think ebikes will continue to have grey zones in my area because we have excellent grade seperated multi use paths, but riding in the street is like taking your Fisher Price tricycle to the destruction derby.

The point about the insurance is valid though. Personally, mine is insured as an "electric motorcycle" for about $100/yr. with liability, collision, and theft. I've thankfully never had to use it. I certainly think I'm an outlier for insuring my bike.