PRINTER'S NO. 3566
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2535
Session of
2024
INTRODUCED BY MULLINS, PISCIOTTANO, WEBSTER, HILL-EVANS,
McANDREW, MADDEN, GALLAGHER, HOHENSTEIN, McNEILL, BRENNAN,
FIEDLER, VENKAT, SANCHEZ, KENYATTA, KHAN, JAMES, DALEY,
GREEN, GUENST, SHUSTERMAN, MUNROE, OTTEN, GILLEN, WAXMAN,
HOWARD, PIELLI, SALISBURY, FRANKEL AND HANBIDGE,
AUGUST 15, 2024
REFERRED TO COMMITTEE ON COMMERCE, AUGUST 15, 2024
AN ACT
Requiring manufacturers of digital electronic equipment to make
available to owners and independent repair providers, on fair
and reasonable terms, documentation, parts and tools used to
diagnose, maintain and repair digital electronic equipment;
and imposing a penalty.
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 Right-to-
Repair 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:
"Authorized repair provider." As follows:
(1) An individual or business entity that has an
arrangement with the OEM under which the OEM grants to the
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individual or business entity a license to use a trade name,
service mark or other proprietary identifier for the purposes
of offering the services of diagnosis, maintenance or repair
of equipment under the name of the OEM or other arrangement
with the OEM to offer the services on behalf of the OEM.
(2) An OEM that offers the services of diagnosis,
maintenance or repair of the OEM's own equipment and who does
not have an arrangement described under paragraph (1) with an
unaffiliated individual or business.
"Diagnosis." The process of identifying the issue that
causes digital electronic equipment to not be in full working
order.
"Digital electronic equipment." A product manufactured for
the first time, and first sold or used in this Commonwealth, on
or after July 1, 2021, and that depends for its functioning, in
whole or in part, on digital electronics embedded in or attached
to the product.
"Documentation." A manual, diagram, reporting output,
service code description, schematic diagram or other information
used in effecting the services of diagnosis, maintenance or
repair of equipment.
"Fair and reasonable terms." Terms that make documentation,
tools or parts available as follows:
(1) With respect to documentation, that the
documentation is made available by the OEM at no charge,
except that when the documentation is requested in physical
printed form, a charge may be included for the reasonable,
actual costs of preparing and sending the copy.
(2) With respect to tools, that the tools are made
available by the OEM at no charge and without imposing
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impediments to access or use of the tools to diagnose,
maintain or repair and enable full functionality of a device,
or in a manner that impairs the efficient and cost-effective
performance of the diagnosis, maintenance or repair, except
that, when the tool is requested in physical form, a charge
may be included for the reasonable, actual costs of preparing
and sending the tool.
(3) With respect to parts, that the parts are made
available by the OEM, either directly or through an
authorized repair provider, to independent repair providers
and owners at costs and terms that are equivalent to the most
reasonable costs and terms under which an OEM offers the
parts to an authorized repair provider and which:
(i) Accounts for any:
(A) discount, rebate, convenient and timely
means of delivery, means of enabling fully restored
and updated functionality, rights of use or other
incentive and preference the OEM offers to an
authorized repair provider; or
(B) additional cost, burden or impediment the
OEM imposes on an owner or independent repair
provider.
(ii) Is not conditioned on or imposing a substantial
obligation or restriction that is not reasonably
necessary for enabling the owner or independent repair
provider to engage in the diagnosis, maintenance or
repair of equipment made by or on behalf of the OEM.
(iii) Is not conditioned on an arrangement described
under paragraph (1) of the definition of "authorized
repair provider."
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"Independent repair provider." An individual or business
entity operating in this Commonwealth that is not an authorized
repair provider and that is engaged in the services of
diagnosis, maintenance or repair of equipment.
"Maintenance." An act necessary to keep currently working
digital electronic equipment in full working order.
"Medical device." An instrument apparatus, implement,
machine, contrivance, implant or other similar or related
article, including a component part or accessory, including a
device as defined under 21 U.S.C. § 321(h) (relating to
definitions; generally), which is intended for use in the
diagnosis of disease or other condition, or in the cure,
mitigation, treatment or prevention of disease in humans or
other animals.
"Motor vehicle." A vehicle that is designed for transporting
individuals or property on a street or highway and is certified
by the motor vehicle manufacturer under all applicable Federal
safety and emissions standards and requirements for distribution
and sale in the United States.
"Motor vehicle manufacturer." An individual or business
entity operating as a manufacturer, as defined under 75 Pa.C.S.
§ 102 (relating to definitions).
"Original equipment manufacturer" or "OEM." An individual or
business entity engaged in the selling, leasing or supplying of
new equipment manufactured by or on behalf of itself to an
individual or business entity.
"Owner." An individual or business entity that owns or
leases equipment purchased or used in this Commonwealth.
"Part." A new or used replacement part made available by or
to an OEM for the purpose of effecting the maintenance or repair
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of equipment manufactured by or on behalf of, sold or supplied
by the OEM.
"Parts pairing." A manufacturer's practice of using software
to identify component parts through a unique identifier.
"Tool." A software program, hardware implement or other
apparatus used for diagnosis, maintenance or repair of
equipment, including software or other mechanisms that:
(1) provision, program or pair a new part;
(2) calibrate functionality; or
(3) perform any other function required to make the
product fully functional, including any updates.
"Trade secret." As defined under 18 Pa.C.S. § 3930 (relating
to theft of trade secrets).
"Updates." Recommended corrections or adjustments to parts,
tools or information that are created and distributed by the OEM
and used in offering the services of diagnosis, maintenance or
repair of digital electronic equipment.
"Video game console." A computing device or system and the
components and peripherals that are primarily used by consumers
for playing video games. The term does not include a general or
all-purpose computer such as a desktop computer, laptop, tablet
or cell phone.
Section 3. Provision.
For equipment and parts for the equipment that are sold or
used in this Commonwealth:
(1) An OEM shall make available, on fair and reasonable
terms, documentation, parts and tools required for the
purpose of diagnosis, maintenance or repair, including
updates to information, to an independent repair provider or
to the owner of the equipment manufactured by or on behalf of
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or sold or supplied by the OEM. The documentation, parts and
tools reference may be made available either directly by an
OEM or via an authorized repair provider or authorized third-
party provider.
(2) Nothing under this subsection shall require an OEM
to make available parts or tools if the parts or tools are no
longer available to the OEM.
(3) For digital electronic equipment manufactured for
the first time and first sold or used in this Commonwealth
after July 1, 2021, an OEM may not use parts pairing to:
(i) Prevent or inhibit an independent repair
provider or an owner from installing or enabling the
function of an otherwise functional replacement part or a
component of digital electronic equipment, including a
replacement part or component, that the OEM has not
approved.
(ii) Reduce the functionality or performance of
digital electronic equipment.
(iii) Cause digital electronic equipment to display
misleading alerts or warnings about unidentified parts
which the owner cannot immediately dismiss.
Section 4. Civil penalty.
(a) Violation.--A person that violates a provision of this
act shall be subject to a civil penalty of not less than $1,000
nor more than $10,000 for each violation. A penalty imposed
under this section shall be paid to the Commonwealth.
(b) Enforcement.--The Attorney General shall institute a
proceeding to recover the civil penalty provided under
subsection (a) against any person liable to the Commonwealth for
the penalty.
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Section 5. Limitations and exclusions.
(a) Limitations.--Nothing in this act shall:
(1) Require an OEM to disclose a trade secret except as
necessary to provide, on fair and reasonable terms, any
documentation, tool, part or other device or implement used
to diagnose, maintain, repair or update digital electronic
equipment.
(2) Alter the terms of an arrangement in force between
an authorized repair provider and an OEM, including the
performance or provision of warranty or recall repair work by
an authorized repair provider on behalf of an OEM and
pursuant to the arrangement, except that a provision in the
terms that purports to waive, avoid, restrict or limit the
OEM's obligations to comply with this section shall be void
and unenforceable.
(3) Authorize a person to alter equipment in a manner
that the equipment operates in violation of an environmental,
safety or other law.
(4) Hold an OEM liable for damage or injury caused by an
independent repair provider or owner which occurs during the
course of the repair, diagnosis or maintenance, including
indirect, incidental, special or consequential damage, loss
of data, privacy or profits or liability to use or reduce
functionality of the equipment.
(5) Require an OEM to warrant repairs provided by
independent repair providers or owners.
(6) Require an OEM to provide documentation or tools
that the OEM uses to perform, at no cost, diagnostic services
virtually through telephone, Internet, chat, email or other
similar means that do not involve the OEM physically handling
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the digital electronic equipment, unless the OEM also makes
the documentation or tools available to an individual or
business that is unaffiliated with the OEM.
(7) Require an OEM to provide documentation or tools
used exclusively by the OEM for diagnosis, maintenance or
repairs completed by machines that operate on several digital
electronic equipment products simultaneously if the OEM makes
available to owners and independent repair providers
sufficient alternative documentation and tools to effect the
diagnosis, maintenance or repair of the digital electronic
equipment.
(8) Require an OEM to provide or make available source
code.
(9) Invalidate or alter the terms of any agreement
between an OEM and an authorized repair provider, including
the performance or provision of warranty or recall repair
work by an authorized repair provider on behalf of an OEM
pursuant to an authorized repair agreement, except that any
provision in an authorized repair agreement that purports to
waive, avoid, restrict or limit an original manufacturer's
compliance with this act shall be void and unenforceable.
(b) Exclusions.--Nothing under this act shall apply to:
(1) a motor vehicle manufacturer or a manufacturer of
motor vehicle equipment, acting in their capacity as a motor
vehicle manufacturer or a manufacturer of motor vehicle
equipment;
(2) a manufacturer or distributor of a medical device or
a digital electronic product or embedded software
manufactured for use in a medical setting, including
diagnostic, monitoring or control equipment, or a product or
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service that the manufacturer or distributor of a medical
device offers; or
(3) a manufacturer, distributor, importer or dealer of:
(i) off-road equipment, including farm and utility
tractors, farm implements and farm machinery;
(ii) forestry equipment;
(iii) industrial equipment;
(iv) utility equipment;
(v) construction equipment;
(vi) road-building equipment;
(vii) compact construction equipment;
(viii) mining equipment;
(ix) turf, yard and garden equipment;
(x) outdoor power equipment, including portable
generators;
(xi) marine, all-terrain sports and recreational
vehicles, including racing vehicles;
(xii) stand-alone or integrated stationary or mobile
internal combustion engines or other power sources,
including generator sets, electric/battery and fuel cell
power;
(xiii) tools, technology, attachments, accessories,
components and repair parts for any of the foregoing; and
(xiv) safety communications equipment, the intended
use of which is for emergency response or prevention
purposes by an emergency service organization such as a
police, fire or medical and emergency rescue services
agency.
(c) Construction.--Nothing in this act shall be construed
to:
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(1) Require an OEM or authorized repair provider to make
available parts, tools or documentation required for the
diagnosis, maintenance or repair of a video game console and
its components and peripherals.
(2) Require an OEM to make available special
documentation, tools and parts that would disable or override
privacy or antitheft security measures set by the owner of
the product.
(3) Alter any federally recognized copyright protection
or patent rights granted to the OEM.
Section 6. Effective date.
This act shall take effect in 180 days.
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