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, agricultural equipment, powered wheelchairs, and other 9 nonexempted products, is essential to overcome digital inequities in 10 Washington state and that broader distribution of the information, 11 parts, and tools necessary to repair digital electronic products will 12 shorten repair times, lengthen the useful lives of digital electronic 13 products, and lower costs for 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 create barriers to repairs. In some United States' 18 households, everything from the coffee maker, to the washing machine, 19 vacuum, thermostat, or doorbell may have a digital component as 20 H-2059.1 HOUSE BILL 1933 State of Washington 68th Legislature 2024 Regular Session By Representatives Gregerson and Kretz Prefiled 12/13/23. p. 1 HB 1933 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, agricultural 23 equipment, powered wheelchairs, and other nonexempted products in a 24 safe, secure, reliable, and sustainable manner, thereby increasing 25 access to appropriate and affordable digital electronic products, 26 supporting small businesses and jobs, and making it easier for all 27 residents of Washington state to connect 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) "Agricultural equipment" means a digital electronic product 32 that is designed primarily for use in a farm operation, including any 33 combine, tractor, sprayer, implement, or attachment, including 34 attachments and repair parts thereof used in the planting, 35 cultivating, irrigating, harvesting, or ranching of agricultural 36 products, excluding self-propelled machines designed primarily for 37 the transportation of persons or property on a street or highway.38 p. 2 HB 1933 (2) "Authorized repair provider" means an individual or business 1 that is unaffiliated with an original manufacturer and that has an 2 arrangement with the original manufacturer to use the original 3 manufacturer's trade name, service mark, or other proprietary 4 identifier for the purpose of offering the services of diagnosis, 5 maintenance, or repair of digital electronic products under the name 6 of the original manufacturer, or that has an arrangement with the 7 original manufacturer under which the individual or business offers 8 the services of diagnosis, maintenance, or repair of digital 9 electronic products on behalf of the original manufacturer. An 10 original manufacturer who offers the services of diagnosis, 11 maintenance, or repair of its own digital electronic products shall 12 be considered an authorized repair provider with respect to such 13 products. 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 depends, in whole or in part, on digital 19 electronics, such as a microprocessor or microcontroller, embedded in 20 or attached to the product in order to function. 21 (5) "Documentation" means any manual, maintenance procedures, 22 functional and wiring diagrams, reporting output, service code 23 description, circuit board schematics, security code, password, 24 training material, troubleshooting information, list of required 25 tools, parts list, or other guidance or information, or their 26 equivalent, used in effecting the services of diagnosis, maintenance, 27 or repair of digital electronic products. 28 (6) "Fair and reasonable terms" means each of the following, as 29 applicable: 30 (a)(i)(A) For parts, other than agricultural equipment parts, at 31 costs and terms that are equivalent to the most favorable costs and 32 terms under which the manufacturer offers the part, tool, or 33 documentation to an authorized repair provider, accounting for any 34 discount, rebate, convenient and timely means of delivery, means of 35 enabling fully restored and updated functionality, rights of use, or 36 other incentive or preference the manufacturer offers to an 37 authorized repair provider; 38 (B) For documentation, including any relevant updates, that the 39 documentation is made available at no charge, except that, when the 40 p. 3 HB 1933 documentation is requested in physical printed form, a charge may be 1 included for the reasonable actual costs of preparing and sending the 2 copy; 3 (C) For tools, that the tools are made available by the 4 manufacturer at no charge and without imposing impediments to access 5 or use of the tools to diagnose, maintain, or repair and enable full 6 functionality of the product, requiring internet access, or in a 7 manner that impairs the efficient and cost-effective performance of 8 any such diagnosis, maintenance, or repair, except that, when a tool 9 is requested in physical form, a charge may be included for the 10 reasonable, actual costs of preparing and sending the tool;11 (ii) If a manufacturer does not use an authorized repair 12 provider, "fair and reasonable terms" means at a price that reflects 13 the actual cost to the manufacturer to prepare and deliver the part, 14 tool, or documentation, exclusive of any research and development 15 costs incurred; 16 (b) For agricultural equipment parts: 17 (i) Costs that are fair to both parties, considering the agreed-18 upon conditions, promised quality, and timeliness of delivery; and19 (ii) Terms that: 20 (A) Do not impose on an owner or an independent repair provider 21 any substantial obligation to use or any restriction on the use of 22 the part to diagnose, maintain, or repair farm equipment sold, 23 leased, or otherwise supplied by the manufacturer, including a 24 condition that the owner or independent repair provider become an 25 authorized repair provider of the manufacturer, or a requirement that 26 a part be registered, paired with, or approved by the manufacturer or 27 an authorized repair provider before such part is operational; and28 (B) Prohibit a manufacturer from imposing any additional cost or 29 burden that is not reasonably necessary or is designed to be an 30 impediment on the owner or independent repair provider.31 (7) "Independent repair provider" means an individual or business 32 that engages in the services of diagnosis, maintenance, or repair of 33 digital electronic products in this state without an arrangement with 34 the original manufacturer of such products as described in subsection 35 (2) of this section or an affiliation with an authorized repair 36 provider for such products. "Independent repair provider" also means 37 an original manufacturer or an original manufacturer's authorized 38 repair provider that obtains and maintains a repair certification and 39 engages in the services of diagnosis, maintenance, or repair of a 40 p. 4 HB 1933 digital electronic product that is not manufactured by or on behalf 1 of, sold by, or supplied by such original manufacturer.2 (8) "Maintenance" means any act necessary to keep currently 3 working digital electronic products in fully working order.4 (9) "Modifications" or "modifying" means any alteration to 5 digital electronic products that is not maintenance or repair.6 (10) "Original manufacturer" means an individual or business 7 that, in the normal course of business, is engaged in the business of 8 selling, leasing, or otherwise supplying new digital electronic 9 products manufactured by or on behalf of itself, to any individual or 10 business. 11 (11) "Owner" means an individual or business that owns or leases 12 digital electronic products purchased or used in this state.13 (12) "Part" means any replacement part, either new or used, or 14 its equivalent, which is generally available or used by an original 15 manufacturer or an authorized repair provider for purposes of 16 effecting the services of maintenance or repair of digital electronic 17 products manufactured or sold by the original manufacturer.18 (13) "Powered wheelchair" means a motorized wheeled device 19 designed for use by a person with a physical disability.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, 2025, an original 37 manufacturer of digital electronic products and parts for such 38 products that are manufactured for the first time and first sold or 39 p. 5 HB 1933 leased in this state on or after January 1, 2021, shall make 1 available to any independent repair provider and owner, on fair and 2 reasonable terms, any parts, tools, and documentation required for 3 the diagnosis, maintenance, or repair of such products and parts for 4 such products. Such parts, tools, and documentation shall be made 5 available either directly by the original manufacturer or via an 6 authorized repair provider or authorized third-party provider. For a 7 product that requires deactivating a lock for purposes of repair, the 8 original manufacturer shall make available to any independent repair 9 provider or owner, with the express permission of the owner, on fair 10 and reasonable terms, any special parts, tools, and documentation 11 needed to access and reset the lock or function when disabled in the 12 course of diagnosis, maintenance, or repair of such product. Such 13 parts, tools, and documentation may be made available through an 14 appropriate secure release system. 15 (2) Nothing in this chapter requires the original manufacturer to 16 sell parts if the parts are no longer made available to authorized 17 repair providers by the original manufacturer. 18 NEW SECTION. Sec. 4. Before repairing digital electronic 19 products, authorized repair providers and independent repair 20 providers shall provide to customers, publish on their website, or 21 post at the place of business, a written notice that contains the 22 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; 26 (2) Recommended steps for the customer to take to safeguard 27 product data, including: 28 (a) If appropriate, backing up data prior to repair and wiping 29 backed-up data from a product; 30 (b) Sharing only the passwords or access to functions necessary 31 for the relevant repairs; and 32 (c) Logging out of applications or websites that contain 33 sensitive data or that otherwise pose a security risk, such as 34 electronic mail, banking, and social media accounts; and35 (3)(a) A statement about the customer's legal right to privacy, 36 which is protected under Article I, section 7 of the state 37 Constitution and under Washington law, which protects against:38 p. 6 HB 1933 (i) Washington cybercrimes under chapter 9A.90 RCW, including 1 electronic data theft, electronic data tampering, spoofing, and 2 computer trespass; 3 (ii) The disclosing of intimate images under RCW 9A.86.010;4 (iii) The criminal impersonation of another under RCW 9A.60.040; 5 and 6 (iv) Identity crimes under chapter 9.35 RCW . 7 (b) Violations of privacy may be referred to law enforcement for 8 criminal prosecution, and violators may be liable for damages, 9 including mental pain and suffering, that a violation of privacy may 10 have caused to a customer's business, person, or reputation.11 NEW SECTION. Sec. 5. (1) Nothing in this chapter shall be 12 construed to require an original manufacturer to divulge a trade 13 secret or license any intellectual property to an owner or to an 14 independent repair provider, except as necessary to provide parts, 15 tools, and documentation on fair and reasonable terms.16 (2) Nothing in this chapter shall be construed to alter the terms 17 of any arrangement described in section 2 (2) of this act in force 18 between an authorized repair provider and an original manufacturer 19 including, but not limited to, the performance or provision of 20 warranty or recall repair work by an authorized repair provider on 21 behalf of an original manufacturer pursuant to such arrangement, 22 except that any provision in such terms that purports to waive, 23 avoid, restrict, or limit the original manufacturer's obligations to 24 comply with this section shall be void and unenforceable.25 (3) Nothing in this chapter shall be construed to require an 26 original manufacturer or an authorized repair provider to provide to 27 an owner or independent repair provider access to information, other 28 than documentation, that is provided by the original manufacturer to 29 an authorized repair provider pursuant to the terms of an arrangement 30 described in section 2 (2) of this act. 31 (4) Nothing in this chapter shall be construed to require an 32 original manufacturer or authorized repair provider to make available 33 any parts, tools, or documentation for the purposes of modifying or 34 making modifications to any digital electronic products.35 (5) Nothing in this chapter shall be construed to require an 36 original manufacturer or authorized repair provider to make available 37 any parts, tools, or documentation required for the diagnosis, 38 maintenance, or repair of public safety communications equipment, the 39 p. 7 HB 1933 intended use of which is for emergency response or prevention 1 purposes by an emergency service organization such as a police, fire, 2 or emergency medical services agency. 3 (6) Nothing in this chapter shall apply to manufacturers or 4 distributors of a medical device, other than powered wheelchairs, as 5 defined in the federal food, drug, and cosmetic act, Title 21 U.S.C. 6 Sec. 301 et seq., a digital electronic product, or embedded software 7 manufactured primarily for use in a medical setting, including 8 diagnostic, monitoring, or control equipment. 9 (7) Nothing in this chapter shall apply to a: 10 (a) Motor vehicle manufacturer, manufacturer of motor vehicle 11 equipment, or motor vehicle dealer acting in that capacity or to any 12 product or service of a motor vehicle manufacturer, manufacturer of 13 motor vehicle equipment, or motor vehicle dealer acting in that 14 capacity; or 15 (b) Manufacturer, distributor, importer, or dealer of any power 16 generation or storage equipment, or equipment for fueling or charging 17 motor vehicles. 18 (8) Nothing in this section applies to utility equipment; 19 construction equipment; compact construction equipment; road building 20 equipment; electronic vehicle charging infrastructure equipment; 21 mining equipment; and any tools, technology, attachments, 22 accessories, components, and repair parts for any of the foregoing.23 (9) Nothing in this section shall be construed to require any 24 original manufacturer or authorized repair provider to make available 25 any parts, tools, or documentation required for the diagnosis, 26 maintenance, or repair of a video game console and its components and 27 peripherals. 28 NEW SECTION. Sec. 6. (1) No original manufacturer or 29 authorized repair provider shall be liable for any damage or injury 30 to any digital electronic product caused by an independent repair 31 provider or owner which occurs during the course of repair, 32 diagnosis, or maintenance and is not attributable to the original 33 manufacturer or authorized repair provider other than if the failure 34 is attributable to design or manufacturing defects.35 (2) The original manufacturer does not warrant any services 36 provided by independent repair providers. 37 p. 8 HB 1933 NEW SECTION. Sec. 7. (1) The legislature finds that the 1 practices covered by this chapter are matters vitally affecting the 2 public interest for the purpose of applying the consumer protection 3 act, chapter 19.86 RCW. A violation of this chapter is not reasonable 4 in relation to the development and preservation of business and is an 5 unfair or deceptive act in trade or commerce and an unfair method of 6 competition for the purpose of applying the consumer protection act, 7 chapter 19.86 RCW .8 (2) This chapter may be enforced solely by the attorney general 9 under the consumer protection act, chapter 19.86 RCW .10 NEW SECTION. Sec. 8. Sections 1 through 7 and 9 of this act 11 constitute a new chapter in Title 19 RCW.12 NEW SECTION. Sec. 9. This chapter may be known and cited as the 13 right to repair act.14 --- END --- p. 9 HB 1933