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

CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 1483 Chapter 353, Laws of 2025 69th Legislature 2025 Regular Session DIGITAL ELECTRONICS —SERVICING AND RIGHT TO REPAIR EFFECTIVE DATE: July 27, 2025 Passed by the House April 17, 2025 Yeas 94 Nays 1 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 10, 2025 Yeas 48 Nays 1 JOHN LOVICK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1483 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 19, 2025 2:35 PM FILED May 20, 2025 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington 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 ENGROSSED SUBSTITUTE HOUSE BILL 1483 AS AMENDED BY THE SENATE Passed Legislature - 2025 Regular Session State of Washington 69th Legislature 2025 Regular Session By House Technology, Economic Development, & Veterans (originally sponsored by Representatives Gregerson, Reeves, Wylie, Berry, Doglio, Fitzgibbon, Davis, Reed, Ramel, Bergquist, Peterson, Macri, Fosse, Ormsby, Hill, and Simmons) READ FIRST TIME 02/13/25. p. 1 ESHB 1483.SL 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 ESHB 1483.SL 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, but only in instances where the original manufacturer does 6 not have an arrangement with an authorized repair provider covering 7 such products. 8 (2) "Authorized third-party provider" means an individual or 9 business that is unaffiliated with an original manufacturer and that 10 has an arrangement with the original manufacturer to use the original 11 manufacturer's trade name, service mark, or other proprietary 12 identifier for the purpose of distributing parts, tools, or 13 documentation. 14 (3) "Diagnosis" means the process of identifying the issue or 15 issues that cause digital electronic products to not be in fully 16 working order. 17 (4) "Digital electronic product" or "products" means any product 18 or electronic that: 19 (a) Depends, in whole or in part, on digital electronics, such as 20 a microprocessor or microcontroller, embedded in or attached to the 21 product in order to function; 22 (b) Is tangible personal property; 23 (c) Is generally used for personal, family, or household 24 purposes; 25 (d) Is sold, used, or supplied in Washington 180 days or more 26 after the product was first manufactured and 180 days or more after 27 the product was first sold or used in Washington; and28 (e) Might be, but is not necessarily, capable of attachment to or 29 installation in real property. 30 (5) "Documentation" means any manual, maintenance procedures, 31 functional and wiring diagrams, reporting output, service code 32 description, circuit board schematics, security code, password, 33 training material, troubleshooting information, list of required 34 tools, parts list, or other guidance or information that enables a 35 person to diagnose, maintain, repair, or update a digital electronic 36 product. 37 (6) "Fair and reasonable terms" means each of the following, as 38 applicable: 39 p. 3 ESHB 1483.SL (a)(i) For parts, at costs that are fair to both parties and at 1 terms that are equivalent to the most fair and reasonable terms under 2 which the manufacturer offers the part, tool, or documentation to an 3 authorized repair provider, accounting for any convenient and timely 4 means of delivery, means of enabling fully restored and updated 5 functionality, rights of use, or other preference the manufacturer 6 offers to an authorized repair provider, and is not conditioned on or 7 imposing a substantial obligation to use or restrict the use of the 8 part to diagnose, maintain, or repair digital electronic products 9 sold, leased, or otherwise supplied by the original manufacturer;10 (ii) For documentation, including any relevant updates, that the 11 documentation is made available at no charge, except that, when the 12 documentation is requested in physical printed form, a charge may be 13 included for the reasonable actual costs of preparing and sending the 14 copy; 15 (iii) For tools, that the tools are made available by the 16 manufacturer at no charge and without imposing impediments to access 17 or use of the tools to diagnose, maintain, or repair and enable full 18 functionality of the product, or in a manner that impairs the 19 efficient and cost-effective performance of any such diagnosis, 20 maintenance, or repair, except that, when a tool is requested in 21 physical form, a charge may be included for the reasonable, actual 22 costs of preparing and sending the tool; 23 (b) If a manufacturer does not use an authorized repair provider, 24 "fair and reasonable terms" means at a price that reflects the actual 25 cost to the manufacturer to prepare and deliver the part, tool, or 26 documentation, exclusive of any research and development costs 27 incurred. 28 (7) "Independent repair provider" means an individual or business 29 that engages in the services of diagnosis, maintenance, or repair of 30 digital electronic products in this state without an arrangement with 31 the original manufacturer of such products as described in subsection 32 (1) of this section or an affiliation with an authorized repair 33 provider for such products. "Independent repair provider" also means 34 an original manufacturer or an original manufacturer's authorized 35 repair provider that engages in the services of diagnosis, 36 maintenance, or repair of a digital electronic product that is not 37 manufactured by or on behalf of, sold by, or supplied by such 38 original manufacturer. 39 p. 4 ESHB 1483.SL (8) "Maintenance" means any act necessary to keep currently 1 working digital electronic products in fully working order.2 (9) "Modifications" or "modifying" means any alteration to 3 digital electronic products that is not maintenance or repair.4 (10) "Original manufacturer" means an individual or business 5 that, in the normal course of business, is engaged in the business of 6 selling, leasing, or otherwise supplying new digital electronic 7 products manufactured by or on behalf of itself, to any individual or 8 business. 9 (11) "Owner" means an individual or business that owns or leases 10 digital electronic products purchased or used in this state.11 (12) "Part" means any replacement part, either new or used, or 12 its equivalent, which is generally available or made available by an 13 original manufacturer to an authorized repair provider for purposes 14 of effecting the services of maintenance or repair of digital 15 electronic products manufactured or sold by the original 16 manufacturer. 17 (13) "Parts pairing" means an original manufacturer's practice of 18 using software to identify component parts through a unique 19 identifier. 20 (14) "Repair" means any act needed to restore digital electronic 21 products to fully working order. 22 (15) "Tool" means any software program, hardware implement, or 23 other apparatus, used for diagnosis, maintenance, or repair of 24 digital electronic products, including software or other mechanisms 25 that provide, program, or pair a part, calibrate functionality, or 26 perform any other function required to bring the product or part back 27 to fully functional condition, including any updates.28 (16) "Trade secret" has the same meaning as defined in 18 U.S.C. 29 Sec. 1839, as that section existed on January 1, 2017.30 (17) "Video game console" means a computing device, such as a 31 console machine, a handheld console device, or another device or 32 system, and its components and peripherals, that is primarily used by 33 consumers for playing video games, but which is neither a general nor 34 an all-purpose computer, such as a desktop computer, laptop, tablet, 35 or cell phone. 36 NEW SECTION. Sec. 3. (1) Effective January 1, 2026:37 (a) An original manufacturer shall make available to any 38 independent repair provider or owner on fair and reasonable terms any 39 p. 5 ESHB 1483.SL parts, tools, and documentation intended for the diagnosis, 1 maintenance, or repair of digital electronic products and parts that 2 are first manufactured, and first sold or used in Washington, on or 3 after July 1, 2021. Such parts, tools, and documentation shall be 4 made available either directly by the original manufacturer or via an 5 authorized repair provider or authorized third-party provider.6 (b) Except as provided in subsection (2) of this section, for 7 digital electronic products that are manufactured for the first time, 8 and first sold or used in this state, after January 1, 2026, an 9 original manufacturer may not use parts pairing to:10 (i) Prevent or inhibit an independent repair provider or an owner 11 from installing or enabling the function of an otherwise functional 12 replacement part or a component of a digital electronic product, 13 including a replacement part or a component that the original 14 manufacturer has not approved; 15 (ii) Reduce the functionality or performance of a digital 16 electronic product; or 17 (iii) Cause a digital electronic product to display misleading 18 alerts or warnings about unidentified parts, which the owner cannot 19 immediately dismiss. 20 (2) Nothing in this chapter prohibits parts pairing for stand-21 alone biometric components for authentication purposes on digital 22 electronic equipment, which components are not bundled in commonly 23 replaced parts, such as a device's screen, keyboard, ports, or 24 battery. 25 (3) Nothing in this chapter requires an original manufacturer to 26 make available a part or physical tool if it is no longer available 27 to the original manufacturer. 28 NEW SECTION. Sec. 4. Before accepting digital electronic 29 products for repair, authorized repair providers and independent 30 repair providers shall provide to customers a written or electronic 31 notice that contains the following information:32 (1) The steps taken by the authorized repair provider or the 33 independent repair provider to ensure the privacy and security of 34 products entrusted for repair or a statement that no such steps have 35 been taken; 36 (2) Recommended steps for the customer to take to safeguard 37 product data, including: 38 (a) If appropriate, backing up data prior to repair and either:39 p. 6 ESHB 1483.SL (i) Factory resetting the product; or 1 (ii) Wiping backed-up data from the product; 2 (b) Sharing only the passwords or access to functions necessary 3 for the relevant repairs and changing those passwords to a temporary 4 password prior to sharing; and 5 (c) Logging out of applications or websites that contain 6 sensitive data or that otherwise pose a security risk, such as 7 electronic mail, banking, and social media accounts;8 (3)(a) A statement about the customer's legal right to privacy, 9 which is protected under Article I, section 7 of the state 10 Constitution and under Washington law, which protects against:11 (i) Washington cybercrimes under chapter 9A.90 RCW, including 12 electronic data theft, electronic data tampering, spoofing, and 13 computer trespass; 14 (ii) The disclosing of intimate images under RCW 9A.86.010;15 (iii) The criminal impersonation of another under RCW 9A.60.040; 16 and 17 (iv) Identity crimes under chapter 9.35 RCW . 18 (b) Violations of privacy may be referred to law enforcement for 19 criminal prosecution, and violators may be liable for damages, 20 including mental pain and suffering, that a violation of privacy may 21 have caused to a customer's business, person, or reputation; and22 (4) For independent repair providers, whether the repair provider 23 uses any replacement parts that are used or provided by a supplier 24 other than the original manufacturer of the digital electronic 25 product. 26 NEW SECTION. Sec. 5. (1) Nothing in this chapter shall be 27 construed to require an original manufacturer to divulge a trade 28 secret to an independent repair provider, except as necessary to 29 provide parts, tools, and documentation on fair and reasonable terms.30 (2) Nothing in this chapter shall be construed to alter the terms 31 of any arrangement described in section 2 (1) of this act in force 32 between an authorized repair provider and an original manufacturer 33 including, but not limited to, the performance or provision of 34 warranty or recall repair work by an authorized repair provider on 35 behalf of an original manufacturer pursuant to such arrangement, 36 except that any provision in such terms that purports to waive, 37 avoid, restrict, or limit the original manufacturer's obligations to 38 comply with this chapter shall be void and unenforceable.39 p. 7 ESHB 1483.SL (3) Nothing in this chapter shall be construed to require an 1 original manufacturer or an authorized repair provider to provide to 2 an owner or independent repair provider access to information, other 3 than documentation, that is provided by the original manufacturer to 4 an authorized repair provider pursuant to the terms of an arrangement 5 described in section 2 (1) of this act. 6 (4) Nothing in this chapter shall be construed to require an 7 original manufacturer or authorized repair provider to make available 8 any parts, tools, or documentation for the purposes of modifying or 9 making modifications to any digital electronic products.10 (5) This chapter does not apply if the original manufacturer 11 provides an equivalent or better, readily available replacement 12 digital electronic product at no charge to the owner.13 (6) Nothing in this chapter shall be construed to require an 14 original manufacturer or authorized repair provider to make available 15 any parts, tools, or documentation required for the diagnosis, 16 maintenance, or repair of public safety communications equipment, the 17 intended use of which is for emergency response or prevention 18 purposes by an emergency service organization such as a police, fire, 19 or emergency medical services agency. 20 (7) Nothing in this chapter shall apply to manufacturers or 21 distributors of a medical device as defined in the federal food, 22 drug, and cosmetic act, Title 21 U.S.C. Sec. 301 et seq., or a 23 digital electronic product, or embedded software, if that product or 24 software is manufactured primarily for use in a medical setting, 25 including diagnostic, monitoring, or control equipment.26 (8) Nothing in this chapter shall apply to a: 27 (a) Motor vehicle manufacturer, manufacturer of motor vehicle 28 equipment, or motor vehicle dealer acting in that capacity or to any 29 product or service of a motor vehicle manufacturer, manufacturer of 30 motor vehicle equipment, or motor vehicle dealer acting in that 31 capacity; 32 (b) Manufacturer, distributor, importer, or dealer of any power 33 generation or storage equipment, or equipment for fueling or charging 34 motor vehicles; 35 (c) Product that has never been available for retail sale to a 36 consumer; 37 (d) Product which is a system, mechanism, or series of mechanisms 38 that generates, stores, or combines generation and storage of 39 electrical energy from solar radiation; 40 p. 8 ESHB 1483.SL (e) Product which stores electrical energy for a period of time 1 and transmits the energy after storage, that is interconnected with a 2 transmission or distribution system and that is approved by an 3 electric utility or located on a customer's side of an electric 4 utility meter in accordance with an applicable utility tariff or 5 interconnection agreement; or 6 (f) Life safety system, fire alarm system, or intrusion detection 7 device, including its components, that is provided or configured to 8 be provided with a security monitoring service; and physical access 9 control equipment, including electronic keypads and similar building 10 access control electronics. 11 (9) Nothing in this chapter applies to utility equipment; farm or 12 agricultural equipment; construction equipment; compact construction 13 equipment; road building equipment; electronic vehicle charging 14 infrastructure equipment; mining equipment; low earth orbit broadband 15 equipment manufactured before 2044; and any tools, technology, 16 attachments, accessories, components, and repair parts for any of the 17 foregoing. 18 (10) Nothing in this chapter shall be construed to require any 19 original manufacturer or authorized repair provider to make available 20 any parts, tools, or documentation required for the diagnosis, 21 maintenance, or repair of a video game console and its components and 22 peripherals. 23 (11) Nothing in this chapter shall be construed to require any 24 original manufacturer or authorized repair provider to make available 25 documentation or tools used exclusively for repairs completed by 26 machines that operate on several digital electronic products 27 simultaneously, if the original manufacturer makes available to 28 owners of the product and independent repair providers sufficient, 29 alternative documentation and tools to effect the diagnosis, 30 maintenance, or repair of the digital electronic product.31 (12) Nothing in this chapter shall be construed to require an 32 original manufacturer to make available special documentation, tools, 33 parts, or other devices or implements that would disable or override, 34 without an owner's authorization, antitheft or privacy security 35 measures that the owner sets for digital electronic products.36 (13) Nothing in this chapter shall apply to set-top boxes, 37 modems, routers, or all-in-one devices delivering internet, video, 38 and voice systems that are distributed by a video, internet, or voice 39 p. 9 ESHB 1483.SL service provider if the service provider offers equivalent or better, 1 readily available replacement equipment at no charge to the customer.2 (14) Nothing in this chapter shall apply to off-road equipment 3 including, but not limited to: Farm and utility tractors, farm 4 implements, farm machinery, forestry equipment, industrial equipment, 5 utility equipment, construction equipment, compact construction 6 equipment, road building equipment, mining equipment, turf, yard, and 7 garden equipment, outdoor power equipment, portable generators, 8 marine, all-terrain sports, racing, and recreational vehicles, stand-9 alone or integrated stationary or mobile internal combustion engines, 10 power sources, such as generator sets, electric batteries, and fuel 11 cell power, power tools, and any tools, technology, attachments, 12 accessories, components, and repair parts for any of the foregoing.13 NEW SECTION. Sec. 6. (1) No original manufacturer or authorized 14 repair provider shall be liable for any damage or injury to any 15 digital electronic product caused by an independent repair provider 16 or owner which occurs during the course of repair, diagnosis, or 17 maintenance and is not attributable to the original manufacturer or 18 authorized repair provider other than if the failure is attributable 19 to design or manufacturing defects.20 (2) The original manufacturer does not warrant any services 21 provided by independent repair providers. 22 NEW SECTION. Sec. 7. (1) The legislature finds that the 23 practices covered by this chapter are matters vitally affecting the 24 public interest for the purpose of applying the consumer protection 25 act, chapter 19.86 RCW. A violation of this chapter is not reasonable 26 in relation to the development and preservation of business and is an 27 unfair or deceptive act in trade or commerce and an unfair method of 28 competition for the purpose of applying the consumer protection act, 29 chapter 19.86 RCW .30 (2) This chapter may be enforced solely by the attorney general 31 under the consumer protection act, chapter 19.86 RCW .32 NEW SECTION. Sec. 8. Sections 1 through 7 and 9 of this act 33 constitute a new chapter in Title 19 RCW.34 NEW SECTION. Sec. 9. This chapter may be known and cited as the 35 right to repair act.36 p. 10 ESHB 1483.SL Passed by the House April 17, 2025. Passed by the Senate April 10, 2025. Approved by the Governor May 19, 2025. Filed in Office of Secretary of State May 20, 2025. --- END --- p. 11 ESHB 1483.SL