Hochul signs slimmed down ‘right to repair’ bill for electronic devices

ALBANY — Finding ways to fix smartphones and other electronic devices will soon be a little easier for New Yorkers.

Gov. Hochul signed a slimmed-down version of a bill that will eventually require manufacturers to make diagnostic manuals, tools and other parts necessary for repairs available to the public and independent service shops.

The measure, considered the first so-called “right to repair” law in the country, will only apply to products made or sold after July 1, 2023.

“This landmark law will save New Yorkers money, provide them with more convenient repair options, and cut down on waste,” said Marta Tellado, president and CEO of Consumer Reports. “When your device is broken, you should have more options than a high-priced service or the landfill.”

The new law will cover digital electronic products, such as phones, tablets and IT equipment, and require companies provide access to the parts, tools and information needed to repair equipment.

However, Hochul included several carve-outs to the final version, including an amendment that makes it so companies are not required to provide “passwords, security codes or materials” to bypass security features.

It also allows manufacturers to sell assemblies of parts instead of individual components “when the risk of improper installation heightens the risk for injury,” Hochul wrote in a memorandum accompanying the chapter amendments.

The final version also doesn’t cover digital products that are the subject of business-to-business or business-to-government sales and not offered by retailers to the public.

Despite the limitations, advocates and supporters applauded the final approval.

“Today is a critical milestone for repair and the Right to Repair campaign. I’ve pushed for repair reforms in dozens of states, and been told by industry lobbyists that we’d never see a floor vote, that we’d never pass a bill, that a governor would never sign it,” said Public Interest Research Group’s senior right to repair campaign director Nathan Proctor. “And while it’s not everything we wanted, it’s the first of its kind in the nation, and just the start.”

Google Pixel 3 smartphone is displayed on Oct. 9, 2018 in New York City.

Assemblywoman Patricia Fahy (D-Albany), the bill’s main sponsor, touted the environmental impacts of the new law, saying it will “help to reduce the flow of toxins found in cell phones and other common electronics that often seep into our groundwater and water table.

“All of these actions ensure that New Yorkers will be at the forefront of protecting the public’s health and reduction of exposure to dangerous and toxic classes of chemicals,” she added.

The bill was overwhelmingly approved by both houses of the Democrat-led Legislature earlier this year following other changes that stripped provisions requiring companies to provide repair information for farm equipment, medical devices, appliances and cars.

As other states eye similarly sweeping laws allowing independent repair shops and consumers more freedom to fix broken phones and electronics, some larger corporations have already started offering parts and components for sale.

Environmental advocates celebrated the legislative victory and said the new law will help reduce the threat from toxic chemicals found in many of the devices when they are prematurely discarded.

“Electronic waste is the fastest growing category of municipal solid waste, and simply put, it’s full of toxics,” said Bobbi Wilding, executive director of Clean+Healthy and co-chair of the JustGreen Partnership.

“When people can’t easily hire local repair shops to fix their damaged devices, they are often driven to dump their item and buy a new one. This results in too-frequent disposal of electronic devices that contain lead, PFAS, and bisphenols, all of which leach into the environment.”

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