Unpacking California
SB 244 – the “Right to Repair Act” is now law. Time to unpack the law and its implications:
The Right to Repair Act is grounded in the principle that when you buy something – its yours to use, fix, or resell as you like. Owning things is fundamentally different from rental. If we don’t have the option to choose whom we trust for hiring the service of repair, we aren’t truly owners.
California is a very big state, and by itself this law would have outside influence. But they are one of several laws already on the books with more to follow. Manufacturers will see more laws passed covering more equipment categories and possibly more limitations on details - such as how parts-pairing (aka VIN burning) can be accomplished or banned. States are the “innovators” of our system, and legislative innovation has just begun.
The California legislature made political choices along the way about which kinds of equipment should be covered by this law – so it's no surprise that the business interests of Silicon Valley were considered. As a result, some of the requirements are less comprehensive than in Minnesota, which clearly includes business-scale computing. Some requirements are far more comprehensive than New York with their very tight focus on consumer electronics.
Whole categories of digitally driven equipment were exempted in order to make it possible for unambiguous support for repair of largely consumer and household products. It is not an accident that California, which has previously considered legislation for both medical and agricultural equipment, didn’t include these categories in SB #244.
More states are going to make sure their constituents have similar and broader protections. Repairs need to be local to be practical – so while it's possible to buy parts in a repair friendly state and ship them anywhere – states will enact their own laws so that repair business activity remains in-state. A total of 45 states plus Puerto Rico have already introduced bills. We expect each state will make their own political choices for scope, enforcement, and effective dates. There will be small variations by state – just as there are variations in tax laws, liquor laws, criminal laws, teacher credentials and just about everything else.
Manufacturers seeking advice on compliance can look first at removing their artificial policy limitations on repair. Changing restrictive policies on selling parts and tools can be done easily, even if adapting an existing distribution system lags behind. Those that hide documentation and repair firmware behind a paywall can just remove the paywall. OEMs that make great products and make sure they can be repaired will delight their customers.