Right to repair becomes law in California

California Gov. Gavin Newsom signed the Right to Repair Act, or SB 244, into law Tuesday, Oct. 10. The state joins New York and Minnesota in enacting such legislation.

Effective July 1, 2024, the law requires manufacturers of electronic or appliance products with a wholesale price to the retailer of not less than $50 nor more than $99.99 to make available sufficient service literature and functional parts to affect the repair of a product for at least three years after the date a product model or type was manufactured, regardless of whether that period exceeds the warranty for the product. For products with a wholesale price to the retailer of $100 or more, manufacturers must make service literature and functional parts available for at least seven years after the date a product model or type was manufactured, regardless of whether the warranty period has been exceeded.

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The Right to Repair Act also authorizes a city, a county, a city and county or the state to bring an action in superior court to impose civil penalties on a person or entity for violating the law.

Apple and HP are among the organizations that supported the legislation, saying the bill is an "important way to slow the creation of electronic waste by providing independent repair shops and consumers with the repair materials they need to keep their stuff in use and out of the trash.”

However, device manufacturer trade associations, including the Consumer Technology Association, National Electronic Manufacturers Association and PRBA - the Rechargeable Battery Association, opposed the bill. “[The Right to Repair Act] mandates that OEMs [original equipment manufacturers] treat any independent repair provider in much the same way as authorized network providers—but without any contractual protections, requirements or restrictions," opponents say. "In doing so, the bill places consumers and their data at risk, undermines the business of California companies that are part of OEM-authorized networks and stifles innovation by putting hard-earned intellectual property in the hands of hundreds, if not thousands, of new entities. Further, the bill fails to account for the wide range of repair and refurbishment options currently available to California consumers from both OEM-authorized and independent repair sources. It also does not address advancements in sustainability by electronic product manufacturers.”

“California is the home of technological innovation and the nation’s most populous state. With the passage of a consumer electronics device repair law here, right-to-repair laws are poised to gain momentum in other states,” says Kelly McBee, circular economy senior coordinator at As You Sow, Berkeley, California. “Device manufacturers must mitigate regulatory and reputational risk by expediting product redesign for longevity and reparability, providing parts, tools and repair instructions in all markets and extending support for current and future device repair legislation, just as Apple has done in California.” 

The last year has seen an increase in support for right to repair legislation, with 30 states introducing bills on the topic, according to the U.S. Public Interest Research Group (PIRG). Passing this legislation in California, the home of Silicon Valley, should further energize the right to repair movement nationwide, U.S. PIRG says, especially because Apple, which had been a longtime opponent, supported California’s bill.

RELATED: Poised for breakthrough

“Not only is this a great day for California, it’s a great day for all of us who just want to fix our stuff,” Denver-based U.S. PIRG’s Right to Repair Senior Campaign Director Nathan Proctor says. “Right to Repair has come a long way—from an upstart campaign driven by repair enthusiasts to a broadly popular campaign winning landmark reforms in the fifth-largest economy in the world. I’m excited to see what comes next in our work to take on a throwaway system and make a more fixable world.” 

“This is a victory for consumers and the planet, and it just makes sense,” CALPIRG Director Jenn Engstrom adds. “Right now, we mine the planet’s precious minerals, use them to make amazing phones and other electronics, ship these products across the world, and then toss them away after just a few years’ use. What a waste. We should make stuff that lasts and be able to fix our stuff when it breaks, and now thanks to years of advocacy, Californians will finally be able to, with the Right to Repair.” 

However, as market research company the Freedonia Group, Cleveland, notes, the California Legislature added a number of exemptions, including for heavy equipment, reasoning that “retail distribution, sales and rental of agricultural, construction, utility, industrial, mining, outdoor power, forestry and lawn and garden equipment, utilizing independent dealers operating under contract with the supplier vitally affects the general economy of the state, the public interest and the public welfare.”

The Freedonia Group adds that “right to repair” has been debated for years in the construction, forestry, agricultural and mining equipment sectors, but little progress has been made. One key exception is Colorado’s “right to repair” law, which was adopted in mid-2023 and gives farmers the right to repair their own equipment.