FWIW, the consumer law you just quoted pertains only to selling e bikes, not operation on the road.
re the 28 mph, true speed pedelecs, as they call it in Europe, do have gearing to pedal 28 mph. Often a mid drive, a 48-11 combo will do er.
Don's creation ( pedego), the California law mirrors the EU speed pedelc law, which though stupid, would at least get some degree of similarity between USA and EU ebike road use laws. It comes directly from those who hate motors, no fun without the pain of pedaling allowed. So the idea is only elite riders can pedal a cadence that gets you 28 mph.. Like I said, discrimination, I'd like to see that law go to the supreme court and get smacked.
I think a 28 mph e bike should be allowed on all trails, even the single track. My experience has been that there are hard man riders that can still out climb me, when I ride a 28mph, 1000w, motor bike on the local single track. So its not going to degrade the trails any more than a very fit rider.
My 2000w off road bike does make ruts, and throw rocks, like a motorcycle. It has no business on the single track, except for the illegal, trespassing, trail system I built my self near my house. I keep my e motorcycle with pedals off the trails that Obama made into National Monument property. But despite posted no motors there, no local rider has ever given a damn if I ride my 1000w e bike on the monument. Its just obvious that it does not damage the trails in any way, and like the MUP, I don't ride like an ass. Since I have motor, I yield the trail to those bombing down it. Pedalers hate doing that, coming to a stop on a hill. I don't care, I got motor. So far, no funding for national park chotas on patrol there, thank god. When it comes, it will be no having fun there, in any way.