Supporting the servicing and right to repair of certain products with digital electronics in a secure and reliable manner.

AN ACT Relating to supporting the servicing and right to repair 1 of certain products with digital electronics in a secure and reliable 2 manner to increase access and affordability for Washingtonians; and 3 adding a new chapter to Title 19 RCW. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 NEW SECTION. Sec. 1. (1) The legislature finds that:6 (a) Consumer access to affordable and reliable products that 7 contain digital electronics, including computers, cell phones, 8 appliances, and other nonexempted consumer products, is essential to 9 overcome digital inequities in Washington state and that broader 10 distribution of the information, parts, and tools necessary to repair 11 digital electronic products will shorten repair times, lengthen the 12 useful lives of digital electronic products, and lower costs for 13 consumers; 14 (b) Consumers increasingly rely on these products to conduct 15 personal and professional business daily. Many modern consumer 16 products contain digital components, such as microprocessors and 17 microchips, which can create barriers to repairs. In some United 18 States' households, everything from the coffee maker, to the washing 19 machine, vacuum, thermostat, or doorbell may have a digital component 20 S-0714.1 SENATE BILL 5423 State of Washington 69th Legislature 2025 Regular Session By Senators Stanford and Shewmake p. 1 SB 5423 as technology has evolved and smart products have increased in 1 popularity; 2 (c) The need for more accessible and affordable repair options is 3 felt more acutely among specific sectors of the population, notably 4 Washington residents in rural areas and people who earn low incomes. 5 Original manufacturer shops or authorized repair providers are often 6 located in urban areas requiring consumers to travel long distances 7 for repair or be without products for periods of time;8 (d) Small, independent businesses play a vital role in 9 Washington's economy. Providing access to information, parts, and 10 tools is essential in contributing to a competitive repair market, 11 allowing small repair shop employees to repair products more safely;12 (e) Certain electronic products are comprised of precious metals 13 that are finite, and unnecessary early disposal can be avoided with 14 greater accessibility to proper and affordable repair; and15 (f) Other states such as Minnesota, New York, California, and 16 Colorado have enacted right to repair legislation, recognizing the 17 need to increase access to the documentation, tools, and parts 18 necessary to facilitate multiple repair options for all kinds of 19 consumer products with digital electronics. 20 (2) Therefore, the legislature intends to broaden access to the 21 information and tools necessary to repair digital electronic 22 products, including computers, cell phones, appliances, and other 23 nonexempted products in a safe, secure, reliable, and sustainable 24 manner, thereby increasing access to appropriate and affordable 25 digital electronic products, supporting small businesses and jobs, 26 and making it easier for all residents of Washington state to connect 27 digitally. 28 NEW SECTION. Sec. 2. The definitions in this section apply 29 throughout this chapter unless the context clearly requires 30 otherwise.31 (1) "Authorized repair provider" means an individual or business 32 that is unaffiliated with an original manufacturer and that has an 33 arrangement with the original manufacturer to use the original 34 manufacturer's trade name, service mark, or other proprietary 35 identifier for the purpose of offering the services of diagnosis, 36 maintenance, or repair of digital electronic products under the name 37 of the original manufacturer, or that has an arrangement with the 38 original manufacturer under which the individual or business offers 39 p. 2 SB 5423 the services of diagnosis, maintenance, or repair of digital 1 electronic products on behalf of the original manufacturer. An 2 original manufacturer who offers the services of diagnosis, 3 maintenance, or repair of its own digital electronic products shall 4 be considered an authorized repair provider with respect to such 5 products. 6 (2) "Authorized third-party provider" means an individual or 7 business that is unaffiliated with an original manufacturer and that 8 has an arrangement with the original manufacturer to use the original 9 manufacturer's trade name, service mark, or other proprietary 10 identifier for the purpose of distributing parts, tools, or 11 documentation. 12 (3) "Diagnosis" means the process of identifying the issue or 13 issues that cause digital electronic products to not be in fully 14 working order. 15 (4) "Digital electronic product" or "products" means any product 16 or electronic that: 17 (a) Depends, in whole or in part, on digital electronics, such as 18 a microprocessor or microcontroller, embedded in or attached to the 19 product in order to function; 20 (b) Is tangible personal property; 21 (c) Is generally used for personal, family, or household 22 purposes; 23 (d) Is sold, used, or supplied in Washington 180 days or more 24 after the product was first manufactured and 180 days or more after 25 the product was first sold or used in Washington; and26 (e) Might be, but is not necessarily, capable of attachment to or 27 installation in real property. 28 (5) "Documentation" means any manual, maintenance procedures, 29 functional and wiring diagrams, reporting output, service code 30 description, circuit board schematics, security code, password, 31 training material, troubleshooting information, list of required 32 tools, parts list, or other guidance or information that enables a 33 person to diagnose, maintain, repair, or update a digital electronic 34 product. 35 (6) "Fair and reasonable terms" means each of the following, as 36 applicable: 37 (a)(i) For parts, at costs and terms that are equivalent to the 38 most fair and reasonable costs and terms under which the manufacturer 39 offers the part, tool, or documentation to an authorized repair 40 p. 3 SB 5423 provider, accounting for any discount, rebate, convenient and timely 1 means of delivery, means of enabling fully restored and updated 2 functionality, rights of use, or other incentive or preference the 3 manufacturer offers to an authorized repair provider, and is not 4 conditioned on or imposing a substantial obligation to use or 5 restrict the use of the part to diagnose, maintain, or repair digital 6 electronic products sold, leased, or otherwise supplied by the 7 original manufacturer; 8 (ii) For documentation, including any relevant updates, that the 9 documentation is made available at no charge, except that, when the 10 documentation is requested in physical printed form, a charge may be 11 included for the reasonable actual costs of preparing and sending the 12 copy; 13 (iii) For tools, that the tools are made available by the 14 manufacturer at no charge and without imposing impediments to access 15 or use of the tools to diagnose, maintain, or repair and enable full 16 functionality of the product, or in a manner that impairs the 17 efficient and cost-effective performance of any such diagnosis, 18 maintenance, or repair, except that, when a tool is requested in 19 physical form, a charge may be included for the reasonable, actual 20 costs of preparing and sending the tool; 21 (b) If a manufacturer does not use an authorized repair provider, 22 "fair and reasonable terms" means at a price that reflects the actual 23 cost to the manufacturer to prepare and deliver the part, tool, or 24 documentation, exclusive of any research and development costs 25 incurred. 26 (7) "Independent repair provider" means an individual or business 27 that engages in the services of diagnosis, maintenance, or repair of 28 digital electronic products in this state without an arrangement with 29 the original manufacturer of such products as described in subsection 30 (1) of this section or an affiliation with an authorized repair 31 provider for such products. "Independent repair provider" also means 32 an original manufacturer or an original manufacturer's authorized 33 repair provider that engages in the services of diagnosis, 34 maintenance, or repair of a digital electronic product that is not 35 manufactured by or on behalf of, sold by, or supplied by such 36 original manufacturer. 37 (8) "Maintenance" means any act necessary to keep currently 38 working digital electronic products in fully working order.39 p. 4 SB 5423 (9) "Modifications" or "modifying" means any alteration to 1 digital electronic products that is not maintenance or repair.2 (10) "Original manufacturer" means an individual or business 3 that, in the normal course of business, is engaged in the business of 4 selling, leasing, or otherwise supplying new digital electronic 5 products manufactured by or on behalf of itself, to any individual or 6 business. 7 (11) "Owner" means an individual or business that owns or leases 8 digital electronic products purchased or used in this state.9 (12) "Part" means any replacement part, either new or used, or 10 its equivalent, which is generally available or used by an original 11 manufacturer or an authorized repair provider for purposes of 12 effecting the services of maintenance or repair of digital electronic 13 products manufactured or sold by the original manufacturer.14 (13) "Parts pairing" means an original manufacturer's practice of 15 using software to identify component parts through a unique 16 identifier. 17 (14) "Repair" means any act needed to restore digital electronic 18 products to fully working order. 19 (15) "Tool" means any software program, hardware implement, or 20 other apparatus, used for diagnosis, maintenance, or repair of 21 digital electronic products, including software or other mechanisms 22 that provide, program, or pair a part, calibrate functionality, or 23 perform any other function required to bring the product or part back 24 to fully functional condition, including any updates.25 (16) "Trade secret" has the same meaning as defined in 18 U.S.C. 26 Sec. 1839, as that section existed on January 1, 2017.27 (17) "Video game console" means a computing device, such as a 28 console machine, a handheld console device, or another device or 29 system, and its components and peripherals, that is primarily used by 30 consumers for playing video games, but which is neither a general nor 31 an all-purpose computer, such as a desktop computer, laptop, tablet, 32 or cell phone. 33 NEW SECTION. Sec. 3. (1) Effective January 1, 2026:34 (a) An original manufacturer shall make available to any 35 independent repair provider or owner on fair and reasonable terms any 36 parts, tools, and documentation intended for the diagnosis, 37 maintenance, or repair of digital electronic products and parts that 38 are first manufactured, and first sold or used in Washington, on or 39 p. 5 SB 5423 after July 1, 2021. Such parts, tools, and documentation shall be 1 made available either directly by the original manufacturer or via an 2 authorized repair provider or authorized third-party provider.3 (b) For digital electronic products that are manufactured for the 4 first time, and first sold or used in this state, after January 1, 5 2025, an original manufacturer may not use parts pairing to:6 (i) Prevent or inhibit an independent repair provider or an owner 7 from installing or enabling the function of an otherwise functional 8 replacement part or a component of a digital electronic product, 9 including a replacement part or a component that the original 10 manufacturer has not approved; 11 (ii) Reduce the functionality or performance of a digital 12 electronic product; or 13 (iii) Cause a digital electronic product to display misleading 14 alerts or warnings about unidentified parts, which the owner cannot 15 immediately dismiss. 16 (2) Nothing in this chapter requires the original manufacturer to 17 sell parts if the parts are no longer made available to authorized 18 repair providers by the original manufacturer. 19 NEW SECTION. Sec. 4. Before accepting digital electronic 20 products for repair, authorized repair providers and independent 21 repair providers shall provide to customers a written or electronic 22 notice that contains the following information:23 (1) The steps taken by the authorized repair provider or the 24 independent repair provider to ensure the privacy and security of 25 products entrusted for repair or a statement that no such steps have 26 been taken; 27 (2) Recommended steps for the customer to take to safeguard 28 product data, including: 29 (a) If appropriate, backing up data prior to repair and either:30 (i) Factory resetting the product; or 31 (ii) Wiping backed-up data from the product; 32 (b) Sharing only the passwords or access to functions necessary 33 for the relevant repairs and changing those passwords to a temporary 34 password prior to sharing; and 35 (c) Logging out of applications or websites that contain 36 sensitive data or that otherwise pose a security risk, such as 37 electronic mail, banking, and social media accounts;38 p. 6 SB 5423 (3)(a) A statement about the customer's legal right to privacy, 1 which is protected under Article I, section 7 of the state 2 Constitution and under Washington law, which protects against:3 (i) Washington cybercrimes under chapter 9A.90 RCW, including 4 electronic data theft, electronic data tampering, spoofing, and 5 computer trespass; 6 (ii) The disclosing of intimate images under RCW 9A.86.010;7 (iii) The criminal impersonation of another under RCW 9A.60.040; 8 and 9 (iv) Identity crimes under chapter 9.35 RCW . 10 (b) Violations of privacy may be referred to law enforcement for 11 criminal prosecution, and violators may be liable for damages, 12 including mental pain and suffering, that a violation of privacy may 13 have caused to a customer's business, person, or reputation; and14 (4) For independent repair providers, whether the repair provider 15 uses any replacement parts that are used or provided by a supplier 16 other than the original manufacturer of the digital electronic 17 product. 18 NEW SECTION. Sec. 5. (1) Nothing in this chapter shall be 19 construed to require an original manufacturer to divulge a trade 20 secret to an independent repair provider, except as necessary to 21 provide parts, tools, and documentation on fair and reasonable terms.22 (2) Nothing in this chapter shall be construed to alter the terms 23 of any arrangement described in section 2 (1) of this act in force 24 between an authorized repair provider and an original manufacturer 25 including, but not limited to, the performance or provision of 26 warranty or recall repair work by an authorized repair provider on 27 behalf of an original manufacturer pursuant to such arrangement, 28 except that any provision in such terms that purports to waive, 29 avoid, restrict, or limit the original manufacturer's obligations to 30 comply with this section shall be void and unenforceable.31 (3) Nothing in this chapter shall be construed to require an 32 original manufacturer or an authorized repair provider to provide to 33 an owner or independent repair provider access to information, other 34 than documentation, that is provided by the original manufacturer to 35 an authorized repair provider pursuant to the terms of an arrangement 36 described in section 2 (1) of this act. 37 (4) Nothing in this chapter shall be construed to require an 38 original manufacturer or authorized repair provider to make available 39 p. 7 SB 5423 any parts, tools, or documentation for the purposes of modifying or 1 making modifications to any digital electronic products.2 (5) Nothing in this chapter shall be construed to require an 3 original manufacturer or authorized repair provider to make available 4 any parts, tools, or documentation required for the diagnosis, 5 maintenance, or repair of public safety communications equipment, the 6 intended use of which is for emergency response or prevention 7 purposes by an emergency service organization such as a police, fire, 8 or emergency medical services agency. 9 (6) Nothing in this chapter shall apply to manufacturers or 10 distributors of a medical device as defined in the federal food, 11 drug, and cosmetic act, Title 21 U.S.C. Sec. 301 et seq., a digital 12 electronic product, or embedded software manufactured primarily for 13 use in a medical setting, including diagnostic, monitoring, or 14 control equipment. 15 (7) Nothing in this chapter shall apply to a: 16 (a) Motor vehicle manufacturer, manufacturer of motor vehicle 17 equipment, or motor vehicle dealer acting in that capacity or to any 18 product or service of a motor vehicle manufacturer, manufacturer of 19 motor vehicle equipment, or motor vehicle dealer acting in that 20 capacity; 21 (b) Manufacturer, distributor, importer, or dealer of any power 22 generation or storage equipment, or equipment for fueling or charging 23 motor vehicles; 24 (c) Product that has never been available for retail sale to a 25 consumer; 26 (d) Product which is a system, mechanism, or series of mechanisms 27 that generates, stores, or combines generation and storage of 28 electrical energy from solar radiation; or 29 (e) Product which stores electrical energy for a period of time 30 and transmits the energy after storage, that is interconnected with a 31 transmission or distribution system and that is approved by an 32 electric utility or located on a customer's side of an electric 33 utility meter in accordance with an applicable utility tariff or 34 interconnection agreement. 35 (8) Nothing in this section applies to utility equipment; farm or 36 agricultural equipment; construction equipment; compact construction 37 equipment; road building equipment; electronic vehicle charging 38 infrastructure equipment; mining equipment; low earth orbit broadband 39 equipment manufactured before 2044; and any tools, technology, 40 p. 8 SB 5423 attachments, accessories, components, and repair parts for any of the 1 foregoing. 2 (9) Nothing in this section shall be construed to require any 3 original manufacturer or authorized repair provider to make available 4 any parts, tools, or documentation required for the diagnosis, 5 maintenance, or repair of a video game console and its components and 6 peripherals. 7 (10) Nothing in this section shall be construed to require any 8 original manufacturer or authorized repair provider to make available 9 documentation or tools used exclusively for repairs completed by 10 machines that operate on several digital electronic products 11 simultaneously, if the original manufacturer makes available to 12 owners of the product and independent repair providers sufficient, 13 alternative documentation and tools to effect the diagnosis, 14 maintenance, or repair of the digital electronic product.15 (11) Nothing in this section shall be construed to require an 16 original manufacturer to make available special documentation, tools, 17 parts, or other devices or implements that would disable or override, 18 without an owner's authorization, antitheft or privacy security 19 measures that the owner sets for digital electronic products.20 (12) Nothing in this section shall apply to set-top boxes, 21 modems, routers, or all-in-one devices delivering internet, video, 22 and voice systems that are distributed by a video, internet, or voice 23 service provider if the service provider offers equivalent or better, 24 readily available replacement equipment at no charge to the customer.25 (13) Nothing in this section shall apply to off-road equipment 26 including, but not limited to: Farm and utility tractors, farm 27 implements, farm machinery, forestry equipment, industrial equipment, 28 utility equipment, construction equipment, compact construction 29 equipment, road building equipment, mining equipment, turf, yard, and 30 garden equipment, outdoor power equipment, portable generators, 31 marine, all-terrain sports, racing, and recreational vehicles, stand-32 alone or integrated stationary or mobile internal combustion engines, 33 power sources, such as generator sets, electric batteries, and fuel 34 cell power, power tools, and any tools, technology, attachments, 35 accessories, components, and repair parts for any of the foregoing.36 NEW SECTION. Sec. 6. (1) No original manufacturer or authorized 37 repair provider shall be liable for any damage or injury to any 38 digital electronic product caused by an independent repair provider 39 p. 9 SB 5423 or owner which occurs during the course of repair, diagnosis, or 1 maintenance and is not attributable to the original manufacturer or 2 authorized repair provider other than if the failure is attributable 3 to design or manufacturing defects. 4 (2) The original manufacturer does not warrant any services 5 provided by independent repair providers. 6 NEW SECTION. Sec. 7. (1) The legislature finds that the 7 practices covered by this chapter are matters vitally affecting the 8 public interest for the purpose of applying the consumer protection 9 act, chapter 19.86 RCW. A violation of this chapter is not reasonable 10 in relation to the development and preservation of business and is an 11 unfair or deceptive act in trade or commerce and an unfair method of 12 competition for the purpose of applying the consumer protection act, 13 chapter 19.86 RCW .14 (2) This chapter may be enforced solely by the attorney general 15 under the consumer protection act, chapter 19.86 RCW .16 NEW SECTION. Sec. 8. Sections 1 through 7 and 9 of this act 17 constitute a new chapter in Title 19 RCW.18 NEW SECTION. Sec. 9. This chapter may be known and cited as the 19 right to repair act.20 --- END --- p. 10 SB 5423