PRINTER'S NO. 1986
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1757
Session of
2021
INTRODUCED BY HOWARD, KINSEY, BOBACK, DELLOSO, SANCHEZ, WARREN
AND OTTEN, JULY 30, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JULY 30, 2021
AN ACT
Providing for an index relating to diagnosis, maintenance and
repair of digital electronic equipment and for enforcement by
Attorney General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Repairability
Index Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Digital electronic equipment." A product that depends, for
its functioning, in whole or in part, on digital electronics
embedded in or attached to the product.
"Original equipment manufacturer." A company that
manufactures or contracts another company to manufacture digital
electronic equipment.
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"Part." A replacement part, either new or used, made
available by an original equipment manufacturer for purposes of
effecting the services of maintenance or repair of digital
electronic equipment manufactured or sold by the original
equipment manufacturer.
Section 3. Duties of original equipment manufacturers.
The following apply:
(1) For digital electronic equipment sold or used in
this Commonwealth, original equipment manufacturers shall
make available, for the purposes of diagnosis and consumer
information, a repairability score for the categories listed
under paragraph (2). The average repairability score required
under paragraph (3) shall be placed on the product packaging
by sticker or other printing. Quick response (QR) codes or
other codes may be used to guide a consumer to the full
repairability information available on the manufacturer's or
Attorney General's publicly accessible Internet website as
required under section 4.
(2) The original equipment manufacturer shall provide a
numeric score for each of the following criteria for the
digital electronic equipment. The repairability score shall
range from 1, least repairable, to 10, most repairable, and
shall be based on the ability to conduct maintenance or
repair on digital electronic equipment manufactured by, on
behalf of, or sold by, the original equipment manufacturer:
(i) Duration and availability of technical documents
and related advice on the use and maintenance of the
digital electronic equipment.
(ii) Ease of dismantling, tools required and other
characteristics of the fasteners used or other parts.
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(iii) Original equipment manufacturer's estimation
of the duration of parts for the product.
(iv) The amount of time the original equipment
manufacturer plans on manufacturing replacement parts for
the digital electronic equipment.
(v) Price ratio of replacement parts to the price of
new equipment.
(vi) Potential to recycle or dispose of the digital
electronic equipment.
(vii) Expertise required to safely effect the
repair.
(viii) Any other information deemed necessary by the
Attorney General.
(3) The original equipment manufacturer shall compile
the average repairability score. The average repairability
score shall be the average of each score criteria under
paragraph (2).
(4) The following information shall be included with the
repairability scores:
(i) Details of the digital electronic equipment:
(A) Model number.
(B) Manufacturer's suggested retail price
(MSRP).
(ii) Information on the nature of software updates
provided by the original equipment manufacturer.
(iii) Potential for a factory reset of the product.
(iv) Whether or not remote assistance is available
from the original equipment manufacturer and the price
charged for providing assistance.
(v) Other information deemed necessary by the
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Attorney General.
Section 4. Repairability score reporting.
Ninety days prior to selling digital electronic equipment in
this Commonwealth, an original equipment manufacturer must
submit the repairability scores, reasons given for how the
equipment meets the scores chosen and information required under
section 3 for the digital electronic equipment to the Attorney
General. The Attorney General shall post this information on the
Office of Attorney General's publicly accessible Internet
website.
Section 5. Enforcement by Attorney General.
The following apply:
(1) A violation of this act shall be considered an
unlawful practice under the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law. All remedies, penalties and
authority granted to the Attorney General by that act shall
be available to the Attorney General for the enforcement of
this act.
(2) The Attorney General is permitted to prosecute an
individual who knowingly falsifies information related to
this act, submits fraudulent information to the Office of
Attorney General related to this act or conspires to mislead
consumers.
Section 6. Applicability.
This act applies to digital electronic equipment sold on or
after the effective date of this section.
Section 7. Effective date.
This act shall take effect in 180 days.
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