10 States Introduce Right to Repair Legislation
2024 is only a few days old, but 10 states have already introduced right to repair legislation. Also: Massachusetts Senate passes wheelchair right to repair law. And: tell the FTC you support repair!
2023 was the most successful year yet for those advocating for a legal right to repair, with four U.S. states passing versions of right to repair legislation, and the EU also expanding laws designed to encourage repair and reuse.
By all accounts, 2024 may see even more progress. Less than a week into the New Year, 10 states have already introduced right to repair legislation of various kinds - an indication that the momentum behind pro-repair laws remains strong.
As of Thursday, legislators in the states of Alaska, Indiana, Massachusetts, Michigan, Missouri, New Hampshire, Ohio, Pennsylvania, Vermont, and Washington had introduced right to repair bills in at least one chamber of their legislature. Many of those bills were carried over from the last legislative session, which saw thirty-three states and Puerto Rico consider right to repair legislation during the legislative session, according to the National Conference of State Legislatures. However, there are some net-new proposed laws, including some new flavors of R2R legislation such as the proposed New Hampshire legislation ensuring a right to repair educational equipment. (Here’s looking at you, Chromebook!)
The bills introduced so far include:
Alaska: Senate Bill 112 (SB 112), an omnibus right to repair bill carried over from last session. As currently written, it covers all categories of devices, with a carve-out for automobiles (which are covered under Massachusetts’ law and a corresponding industry MOU).
Indiana: Senate Bill 53 (SB 53), a bill covering both consumer electronics and farm equipment.
Massachusetts Senate Bill 2478 (S2478), a narrowly tailored bill covering just portable, handheld electronics. This was carried over from 2023, when it passed out of a joint House and Senate committee on Consumer Protection.
Michigan House Bill 4673 (HB 4673), also carried over from the previous legislative session, this bill is focused on the right to repair farm equipment.
Missouri House Bill 1618 (HB 1618), this new bill would cover all electronic devices, with a carve out for automobiles. (See above.)
New Hampshire House Bill 1701 (HB1701), this bill - a new flavor of right to repair legislation - applies only to educational technology equipment, which is defined as “any self-contained portable personal computer, including accessories or attachments that come as standard equipment with the computer, purchased by a publicly-funded school and used by students at home or in the classroom."
Ohio Senate Bill 273 (SB 273), this bill which was carried over from 2023 covers all categories of electronic devices with carve outs for automobiles, farm and forestry equipment and medical equipment.
Pennsylvania Senate Bill 744 (SB744), this bill was carried over from the previous legislative session and covers all devices with carve outs for automobiles, medical devices, and outdoor power equipment, farming equipment, as well as yard and construction equipment.
Vermont House Bill 81 (H.81), this bill was carried from the last legislative session, when it passed through the Vermont House and is pending in the State Senate. It covers farm and forestry equipment.
Washington House Bill 1933 (HB 1933), this bill covers consumer and enterprise electronics, farm equipment and power wheelchairs.
Changing momentum
The future of these bills is unknown. Until recently, industry lobbyists and Silicon Valley firms enjoyed a 100% “kill rate” for right to repair laws, with 105 bills proposed in dozens of states between 2014 and 2021 and none passed.
That changed beginning in 2022, when two bills made it into law: a Colorado law granting power wheelchair owners and independent repair shops a right to repair those devices, and a broader electronics right to repair bill that was signed into law by New York Governor Kathy Hochul in December, 2022.
That set up 2023 for a long awaited break through, with Governors in Minnesota and California signing into law robust electronics repair bills, and Colorado’s Governor signing into law the first ever agricultural right to repair law. (Voters in Maine also overwhelmingly passed a ballot measure making it the second state in the nation with a right to repair automobiles!)
Will that double digit success rate continue in 2023? It’s unclear, but reasonable to assume that many of the proposed bills will stall, but that a few will find their way to a governor’s desk, strengthening the right to repair safety net that has started to take shape in the U.S. Stay tuned!
Get Active!
Do you think owners should have a legal right to fix their own stuff? Then let the Federal Trade Commission know! The FTC is seeking public comments on a Petition for Rulemaking submitted by the Public Interest Research Group (PIRG) and iFixit.
From the FTC Website:
This petition requests that the Commission initiate a rulemaking to protect consumers’ right to repair products they have purchased. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission’s Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.
You can use the button below to tell the FTC why you support a right to repair. Feel free to include stories of obstacles to repair you’ve encountered or how easier access to repair would help improve your quality of life, lower cost of living, improve the environment…or all of the above! The deadline by which you have to submit comments is February 2, 2024.
Other News
Massachusetts Senate unanimously passes Wheelchair Right to Repair Bill
The Massachusetts State Senate unanimously passed a bill with a vote of 39-0 on January 4th. The bill is aimed at addressing long delays in wheelchair repairs and mandates two-year warranties on new wheelchairs, allowing chair owners to bypass the insurance authorization process for repairs during this period. Also, suppliers must provide a new chair or a refund if repeated repair attempts fail, and the attorney general can sue on behalf of chair owners if warranties aren't honored. The current bill allows providers more time to assess and address repair requests, with specific timelines for in-person and virtual assessments and temporary replacements.
The legislation comes amidst reports of Massachusetts residents suffering long waits and expensive repairs in a repair marketplace that is dominated by two manufacturers: NuMotion and National Seating and Mobility. Two state pilot programs intended to address long waits have stalled.
Similar reports from power wheelchair users in Colorado prompted the legislature there to pass, and the governor to sign, a wheelchair right to repair bill that took affect in 2023.
In Massachusetts, the bill awaits a House vote before reaching the governor's desk for approval. Wheelchair users hope the bill will alleviate frustrating delays in obtaining repairs and prevent immobilization. Senator John Cronin, the bill's sponsor, emphasized the bill's significance for those who rely on wheelchairs for their livelihoods.
You can finally repair your Google Pixel 8 at home!
The Google Pixel 8 and 8 Pro have been challenging to those seeking DIY repair. But no longer. Google's partnership with iFixit now provides access to repair kits and genuine parts for the Pixel 8 and Pixel 8 Pro, with parts available online through 2030. Replacement display costs $160 for Pixel 8 and $230 for 8 Pro; battery is $43. There are still some designed based limitations to fixing the Pixel 8. For example, the USB-C port is soldered to the motherboard and cannot be replaced with an iFixit kit. Experts suggest using wireless chargers and protective cases to prevent hardware damage.
How a group of train hackers exposed a right to repair nightmare
Gizmodo took up the case of the Polish hackers, Dragon Sector, who accused train maker Newag of intentionally bricking trains that were serviced by third parties. The group reverse engineered Newag trains and found a number of anticompetitive features. Among other things, Newag trains were locked up based on geofenced coordinates, periods of inactivity, and specific dates. Twenty four of the 30 Newag trains analyzed by Dragon Sector had locking mechanisms. Since the group’s discovery, several Polish train operators have confirmed the group’s allegations, while Newag has denied them, citing a lack of proper licenses for repair work. The group’s work highlights the impact of repair restrictions on public transportation.
Consumer Reports calls out fight for Right Repair in 2024
Consumer Reports is calling out its advocacy for the right to repair in a 2024 “look ahead story.” The group has been a leading advocate for right to repair laws and introduced model legislation that helped shape measures now on the books in New York and Minnesota. The right to repair is also part of CR’s “Digital Standard,” a set of best practices the organization uses to evaluate digital products. With California, the world’s fifth largest economy, passing a robust right to repair, Consumer Reports hope that manufacturers start to fall in line. In the meantime, the group is urging supporters to sign its Everyone Deserves the Right to Repair petition.