AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- AGRICULTURAL EQUIPMENT RIGHT TO REPAIR ACT (Provides that original equipment manufacturers of agricultural equipment would provide independent service providers repair information and tools to maintain and repair electronics of the agricultural equipment.)

2022 -- S 2518 ======== LC004549 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2022 ____________ A N A C T RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- AGRICULTURAL EQUIPMENT RIGHT TO REPAIR ACT Introduced By: Senators Sosnowski, DiPalma, Rogers, and Murray Date Introduced: March 01, 2022 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW - GENERAL 1 REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2 CHAPTER 59 3 AGRICULTURAL EQUIPMENT RIGHT TO REPAIR ACT 4 6-59-1. Short title. 5 This chapter shall be known and may be c ited as the "Agricultural Equipment Right to 6 Repair Act". 7 6-59-2. Definitions. 8 As used in this chapter: 9 (1) "Authorized repair provider" means an individual or business who is affiliated with an 10 original equipment manufacturer and who has an arrangement with the original equipment 11 manufacturer, for a definite or indefinite period, under which the original equipment manufacturer 12 grants to the individual or business a license to use a trade name, service mark, or other proprietary 13 identifier for the purposes of offering the services of diagnosis, maintenance, or repair of 14 electronics-enabled agricultural equipment under the name of the original equipment manufacturer, 15 or other arrangement with the original equipment manufacturer to offer such services on behalf of 16 the original equipment manufacturer. An original equipment manufacturer who offers the services 17 of diagnosis, maintenance, or repair of its own electronics-enabled agricultural equipment, shall be 18 LC004549 - Page 2 of 5 considered an authorized repair provider with respect to such equipment; 1 (2) "Documentation" means any manual, diagram, reporting output, service code 2 description, schematic, product guides, product service demonstrations, training seminars, clinics, 3 fleet management information, connected support, mobile applications, on -board diagnostics via 4 diagnostics port or wireless interface, or other guidance or information on service, parts, operation, 5 safety, electronic field diagnostic service tools, or training for use in effecting the services of 6 diagnosis, maintenance, or repair of electronics-enabled agricultural equipment; 7 (3) "Electronics-enabled agricultural equipment" or "equipment" means any product, part 8 of a product, or attachment to a product, when sold or leased for use in farming, ranching, or other 9 agriculture, that depends for its functioning, in whole or in part, on digital electronics embedded in 10 or attached to it. The term includes, but is not limited to, a tractor, trailer, combine, tillage, planting, 11 irrigation, or cultivating implement, baler, unmanned aircraft system, or off -road vehicle. 12 Electronics-enabled agricultural equipment or equipment does not include motor vehicles, and does 13 not include consumer electronic devices, including wireless communication devices and 14 computers; 15 (4) "Embedded software" means any programmable instructions provided on firmware 16 delivered with electronics-enabled agricultural equipment, or with a pa rt for such equipment, for 17 purposes of equipment operation, including all relevant patches and fixes made available by the 18 manufacturer of such equipment or part for such purposes; 19 (5) "Fair and reasonable terms for obtaining a part, a tool, documentation, or software" 20 means at fair and reasonable costs and terms that do not impair the contracts and agreements 21 between authorized repair providers affiliated with the original equipment manufacturer. Fair and 22 reasonable terms shall not include additional cost or burden not reasonably necessary, or designed 23 to be an impediment on the independent repair provider or equipment owner. 24 (6) "Fair and reasonable terms for software tools" means permitting or effecting the 25 diagnosis, maintenance, or repair and enabling full functionality of electronics-enabled agricultural 26 equipment without requiring authorization or Internet access, or in a manner that impairs the 27 efficient and cost-effective performance of any of those activities unless authorization is required 28 to prevent access to source code or infringement of intellectual property in software or hardware 29 that is owned and licensed to the original equipment manufacturer by a third party and subject to 30 terms of use; 31 (7) "Firmware" means a software program or set of ins tructions programmed on 32 electronics-enabled agricultural equipment, or on a part for such equipment, to allow the equipment 33 or part to communicate within itself or with other computer hardware; 34 LC004549 - Page 3 of 5 (8) "Independent repair provider" means an individual or business operating in this state, 1 that does not have an arrangement with an origin al equipment manufacturer, and is not affiliated 2 with any individual or business which has such an arrangement with an original equipment 3 manufacturer, and is engaged in the service of, diagnosis, maintenance, or repair of electronics -4 enabled agricultural equipment. An original equipment manufacturer, individual or business which 5 has a service or repair arrangement with another original equipment manufacturer, shall be 6 considered an independent repair provider for purposes of those instances in which it engages in 7 the service of, diagnosis, maintenance, or repair of electronics-enabled agricultural equipment that 8 is not manufactured by or sold under the independent repair provider's brand name; 9 (9) "Motor vehicle" shall have the same meaning as set forth in § 31-1-3; 10 (10) "Original equipment manufacturer " means a business engaged in the business of 11 selling, leasing, or other wise supplying new electronics -enabled agricultural equipment 12 manufactured by or on behalf of itself, to any individual or business; 13 (11) "Owner" means an individual or business that owns or has leased for use in this state 14 electronics-enabled agricultural equipment; 15 (12) "Part" means any replacement part, either new or used, made available by an original 16 equipment manufacturer for purposes of effecting the service, maintenance or repair of electronics-17 enabled agricultural equipment manufactured by or on behalf of, sold or otherwise supplied by the 18 original equipment manufacturer; 19 (13) "Repair" means to maintain, diagnose, and repair machinery that results in the machine 20 being returned to its original specifications. Repair does not include performing any activities that 21 result in the machine being modified outside of the original equipment manufacturer specifications. 22 Specifically, repair does not include the ability to: 23 (i) Reset an immobilizer system or security-related electronic modules; 24 (ii) Reprogram any electronic processing units or engine control units and parameters; 25 (iii) Change any equipment or engine settings that negatively affect emi ssions or safety 26 compliance; or 27 (iv) Download or access the source code of any proprietary embedded software or code. 28 (14) "Tool" means any software program, hardware implement, product service 29 demonstrations, training, seminars, clinics, on -board diagnostics via diagnostics port or wireless 30 interface, electronic field diagnostic service tools and training on how to use t hem, or other 31 apparatus used for diagnosis, maintenance, or repair of electronics-enabled agricultural equipment, 32 including software or other mechanisms that provision, program, or pair a new part, calibrate 33 functionality, or perform any other function required to bring the product back to specifications. 34 LC004549 - Page 4 of 5 (15) "Trade secret" shall have the same meaning as set forth in § 6-41-1. 1 6-59-3. Agricultural equipment manufacturer's duty. 2 For electronics-enabled agricultural equipment, and parts for such equipment, sold or used 3 in this state, an original equipment manufacturer shall make available, for purposes of diagnosis, 4 maintenance, or repair of such equipment, to any independent repair provider, or to the owner of 5 electronics-enabled agricultural equ ipment manufactured by or on behalf of, sold or otherwise 6 supplied by, the original equipment manufacturer, on fair and reasonable terms, documentation, 7 parts, and tools, inclusive of any updates to information or embedded software. Nothing in this 8 section requires an original equipment manufacturer to make available documentation, parts, and 9 tools if such documentation, parts, and /or tools are no longer available to the original equipment 10 manufacturer. 11 6-59-4. Trade secrets. 12 Nothing in this chapter sha ll be construed to require an original equipment manufacturer 13 to divulge a trade secret to an owner or an independent service provider except as necessary to 14 provide documentation, parts, and tools on fair and reasonable terms. 15 6-59-5. Warranty and recalls. 16 No provision in this chapter shall be construed to alter the terms of any arrangement in 17 force between an authorized repair provider and an original equipment manufacturer, including, 18 but not limited to, the performance or provision of warranty or recall repair work by an authorized 19 repair provider on behalf of an original equipment manufacturer pursuant to such arrangement, 20 except that any provision in such terms that purports to waive, avoid, restrict, or limit the original 21 equipment manufacturer's obligations to comply with the provision of this chapter shall be void 22 and unenforceable. 23 6-59-6. Enforcement. 24 (a) Any person suffering loss due to a violation of this chapter may recover actual damages, 25 reasonable attorneys' fees and court costs. 26 (b) The attorney general may enforce the provisions of this chapter in an action for an 27 injunction or other equitable relief. 28 (c) Any action for damages pursuant to this chapter or to enforce the provisions of this 29 chapter shall be filed within three (3) years of the violation. 30 SECTION 2. This act shall take effect upon passage. 31 ======== LC004549 ======== LC004549 - Page 5 of 5 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- AGRICULTURAL EQUIPMENT RIGHT TO REPAIR ACT *** This act would provide that original equipment manufacturers of agricultural equipment 1 would provide independent service providers repair information and tools to maintain and repair 2 the digital electronics embedded in or attached to the agricultural equipment. Failure to comply is 3 enforceable by the attorney general in an action for injunctive or other equitable relief or a civil 4 action to recover actual damages, courts costs and reasonable attorney fees. 5 This act would take effect upon passage. 6 ======== LC004549 ========