Nearly seven months after the state legislature overwhelmingly passed a right-to-repair bill, New York Gov. Kathy Hochul signed it into law. But Hochul only gave the bill the green light after lawmakers approved some changes. Hochul wrote in a memo that the legislation, as originally drafted, “contained technical issues that could compromise safety, as well as increase the risk of injury from physical repair projects.” The governor said the changes would address those issues, but critics say the changes would weaken the law’s effectiveness.
“This legislation would improve consumer options in the repair markets by giving them better access to the parts, tools and documents needed for repairs,” Hochul wrote. “Encouraging consumers to maximize the lifespan of their devices through repairs is a laudable goal to save money and reduce e-waste.”
New: Gov. Hochul has signed the “Right to Repair” bill into law – with the legislature approving a number of amendments as outlined in her approval notice. pic.twitter.com/GUBExlj5BD
— Jon Campbell (@JonCampbellNY) December 29, 2022
The amendments remove the “original equipment manufacturer” requirement of the bill. [or OEMs] provide the public with any passwords, security codes, or materials to override security features.” OEMs will also be able to bundle “assemblies of parts” rather than just the specific component actually needed for a home improvement repair , when “the risk of improper installation increases risk of injury.”
The rules only apply to devices originally built and first used or sold in New York after July 1st. There is also an exception for “digital products that are the subject of business-to-business or business-to-government sales that are not otherwise offered for sale by retailers.”
When Ars Technica As reported earlier this month, representatives from Microsoft and Apple have been pushing Hochul’s office for changes. So does the industry association TechNet, which represents many well-known technology companies, including Amazon, Google, Dell, HP and Engadget parent company Yahoo.
As a result, the revised wording of the bill excludes enterprise electronics that schools, hospitals, universities and data centers depend on, such as iFixit CEO Kyle Wiens wrote in a blog post. Previously, household appliances, motor vehicles, medical devices and off-road equipment were exempt.
“Such changes could limit the benefits for school computers and most products currently in use,” Public Interest Research Groups (PIRG), a collective of consumer rights organizations, said in a statement to Engadget. “More troubling is that the bill now excludes certain smartphone circuit boards from parts manufacturers are required to sell and requires repairers to post unwieldy warranty statements.”
“We knew it was going to be tough going up against the biggest and wealthiest companies in the world,” said Nathan Proctor, director of Right to Repair. “But, although slimmed down, a new Right to Repair Act has been signed. Now our work remains to strengthen this law and pass others until people have what they need to fix their stuff.”
When The edge Notes, repair technician and right-to-repair advocate Louis Rossmann said the changes watered down the law to the point where it was “functionally useless”. Rossmann, who spent seven years trying to pass the law, called Hochul’s claim that the changes are necessary to include protections from physical harm and safety hazards is “bullshit”, citing a Federal Trade Commission report on the subject.
The right-to-repair movement has gained momentum in recent years. Before the legislation came into effect, companies like Google, Apple, Samsung and Valve started providing repair manuals and selling parts for some of their products.
Last year, President Joe Biden signed an executive order aimed at increasing competition in the US, including in the technology industry. Among other things, she asked the FTC to ban “anti-competitive restrictions on the use of independent repair shops or the performance of home repairs on owned appliances and equipment.”
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