House Bill 1483 — Right to Repair Act, Washington Legislature, 2025 Regular Session

Summary

House Bill 1483, State of Washington, 69th Legislature, 2025 Regular Session (H-0041.2), read first time 01/21/25 and referred to the Committee on Technology, Economic Development, & Veterans. Its title describes an act relating to supporting the servicing and right to repair of certain products with digital electronics, adding a new chapter to Title 19 RCW. Section 1 sets out legislative findings on access to repair, and Section 2 defines terms including “Digital electronic product” and “Fair and reasonable terms.” Section 6 says no original manufacturer or authorized repair provider is liable for damage caused by an independent repair provider or owner unless attributable to design or manufacturing defects. Section 7 provides that the chapter may be enforced solely by the attorney general, and Section 9 gives the short title right to repair act.

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Full text

     H-0041.2

                                HOUSE BILL 1483


     State of Washington        69th Legislature         2025 Regular Session

     By   Representatives   Gregerson, Reeves,  Wylie,  Berry,  Doglio,
     Fitzgibbon, Davis, Reed, Ramel, Bergquist, Peterson, Macri, Fosse,
     Ormsby, Hill, and Simmons

     Read first time 01/21/25.      Referred   to   Committee   on   Technology,
     Economic Development, & Veterans.




 1       AN ACT Relating to supporting the servicing and right to repair
 2   of certain products with digital electronics in a secure and reliable
 3   manner to increase access and affordability for Washingtonians; and
 4   adding a new chapter to Title 19 RCW.


 5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 6       NEW SECTION. Sec. 1. (1) The legislature finds that:
 7       (a) Consumer access to affordable and reliable products that
 8   contain digital electronics, including computers, cell phones,
 9   appliances, and other nonexempted consumer products, is essential to
10   overcome digital inequities in Washington state and that broader
11   distribution of the information, parts, and tools necessary to repair
12   digital electronic products will shorten repair times, lengthen the
13   useful lives of digital electronic products, and lower costs for
14   consumers;
15       (b) Consumers increasingly rely on these products to conduct
16   personal and professional business daily. Many modern consumer
17   products contain digital components, such as microprocessors and
18   microchips, which can create barriers to repairs. In some United
19   States' households, everything from the coffee maker, to the washing
20   machine, vacuum, thermostat, or doorbell may have a digital component


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 1   as technology has evolved and smart products have increased in
 2   popularity;
 3       (c) The need for more accessible and affordable repair options is
 4   felt more acutely among specific sectors of the population, notably
 5   Washington residents in rural areas and people who earn low incomes.
 6   Original manufacturer shops or authorized repair providers are often
 7   located in urban areas requiring consumers to travel long distances
 8   for repair or be without products for periods of time;
 9       (d) Small, independent businesses play a vital role in
10   Washington's economy. Providing access to information, parts, and
11   tools is essential in contributing to a competitive repair market,
12   allowing small repair shop employees to repair products more safely;
13       (e) Certain electronic products are comprised of precious metals
14   that are finite, and unnecessary early disposal can be avoided with
15   greater accessibility to proper and affordable repair; and
16       (f) Other states such as Minnesota, New York, California, and
17   Colorado have enacted right to repair legislation, recognizing the
18   need to increase access to the documentation, tools, and parts
19   necessary to facilitate multiple repair options for all kinds of
20   consumer products with digital electronics.
21       (2) Therefore, the legislature intends to broaden access to the
22   information and tools necessary to repair digital electronic
23   products, including computers, cell phones, appliances, and other
24   nonexempted products in a safe, secure, reliable, and sustainable
25   manner, thereby increasing access to appropriate and affordable
26   digital electronic products, supporting small businesses and jobs,
27   and making it easier for all residents of Washington state to connect
28   digitally.

29       NEW SECTION.   Sec. 2.    The definitions in this section apply
30   throughout   this  chapter  unless  the   context  clearly  requires
31   otherwise.
32       (1) "Authorized repair provider" means an individual or business
33   that is unaffiliated with an original manufacturer and that has an
34   arrangement with the original manufacturer to use the original
35   manufacturer's trade name, service mark, or other proprietary
36   identifier for the purpose of offering the services of diagnosis,
37   maintenance, or repair of digital electronic products under the name
38   of the original manufacturer, or that has an arrangement with the
39   original manufacturer under which the individual or business offers
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 1   the services of diagnosis, maintenance, or repair of digital
 2   electronic products on behalf of the original manufacturer. An
 3   original   manufacturer  who  offers   the  services   of  diagnosis,
 4   maintenance, or repair of its own digital electronic products shall
 5   be considered an authorized repair provider with respect to such
 6   products.
 7       (2) "Authorized third-party provider" means an individual or
 8   business that is unaffiliated with an original manufacturer and that
 9   has an arrangement with the original manufacturer to use the original
10   manufacturer's trade name, service mark, or other proprietary
11   identifier for the purpose of distributing parts, tools, or
12   documentation.
13       (3) "Diagnosis" means the process of identifying the issue or
14   issues that cause digital electronic products to not be in fully
15   working order.
16       (4) "Digital electronic product" or "products" means any product
17   or electronic that:
18       (a) Depends, in whole or in part, on digital electronics, such as
19   a microprocessor or microcontroller, embedded in or attached to the
20   product in order to function;
21       (b) Is tangible personal property;
22       (c) Is generally used for personal, family, or household
23   purposes;
24       (d) Is sold, used, or supplied in Washington 180 days or more
25   after the product was first manufactured and 180 days or more after
26   the product was first sold or used in Washington; and
27       (e) Might be, but is not necessarily, capable of attachment to or
28   installation in real property.
29       (5) "Documentation" means any manual, maintenance procedures,
30   functional and wiring diagrams, reporting output, service code
31   description, circuit board schematics, security code, password,
32   training material, troubleshooting information, list of required
33   tools, parts list, or other guidance or information that enables a
34   person to diagnose, maintain, repair, or update a digital electronic
35   product.
36       (6) "Fair and reasonable terms" means each of the following, as
37   applicable:
38       (a)(i) For parts, at costs and terms that are equivalent to the
39   most fair and reasonable costs and terms under which the manufacturer
40   offers the part, tool, or documentation to an authorized repair
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 1   provider, accounting for any discount, rebate, convenient and timely
 2   means of delivery, means of enabling fully restored and updated
 3   functionality, rights of use, or other incentive or preference the
 4   manufacturer offers to an authorized repair provider, and is not
 5   conditioned on or imposing a substantial obligation to use or
 6   restrict the use of the part to diagnose, maintain, or repair digital
 7   electronic products sold, leased, or otherwise supplied by the
 8   original manufacturer;
 9       (ii) For documentation, including any relevant updates, that the
10   documentation is made available at no charge, except that, when the
11   documentation is requested in physical printed form, a charge may be
12   included for the reasonable actual costs of preparing and sending the
13   copy;
14       (iii) For tools, that the tools are made available by the
15   manufacturer at no charge and without imposing impediments to access
16   or use of the tools to diagnose, maintain, or repair and enable full
17   functionality of the product, or in a manner that impairs the
18   efficient and cost-effective performance of any such diagnosis,
19   maintenance, or repair, except that, when a tool is requested in
20   physical form, a charge may be included for the reasonable, actual
21   costs of preparing and sending the tool;
22       (b) If a manufacturer does not use an authorized repair provider,
23   "fair and reasonable terms" means at a price that reflects the actual
24   cost to the manufacturer to prepare and deliver the part, tool, or
25   documentation, exclusive of any research and development costs
26   incurred.
27       (7) "Independent repair provider" means an individual or business
28   that engages in the services of diagnosis, maintenance, or repair of
29   digital electronic products in this state without an arrangement with
30   the original manufacturer of such products as described in subsection
31   (1) of this section or an affiliation with an authorized repair
32   provider for such products. "Independent repair provider" also means
33   an original manufacturer or an original manufacturer's authorized
34   repair provider that engages in the services of diagnosis,
35   maintenance, or repair of a digital electronic product that is not
36   manufactured by or on behalf of, sold by, or supplied by such
37   original manufacturer.
38       (8) "Maintenance" means any act necessary to keep currently
39   working digital electronic products in fully working order.


                                     p. 4                          HB 1483
 1       (9) "Modifications" or "modifying" means any alteration to
 2   digital electronic products that is not maintenance or repair.
 3       (10) "Original manufacturer" means an individual or business
 4   that, in the normal course of business, is engaged in the business of
 5   selling, leasing, or otherwise supplying new digital electronic
 6   products manufactured by or on behalf of itself, to any individual or
 7   business.
 8       (11) "Owner" means an individual or business that owns or leases
 9   digital electronic products purchased or used in this state.
10       (12) "Part" means any replacement part, either new or used, or
11   its equivalent, which is generally available or used by an original
12   manufacturer or an authorized repair provider for purposes of
13   effecting the services of maintenance or repair of digital electronic
14   products manufactured or sold by the original manufacturer.
15       (13) "Parts pairing" means an original manufacturer's practice of
16   using software to identify component parts through a unique
17   identifier.
18       (14) "Repair" means any act needed to restore digital electronic
19   products to fully working order.
20       (15) "Tool" means any software program, hardware implement, or
21   other apparatus, used for diagnosis, maintenance, or repair of
22   digital electronic products, including software or other mechanisms
23   that provide, program, or pair a part, calibrate functionality, or
24   perform any other function required to bring the product or part back
25   to fully functional condition, including any updates.
26       (16) "Trade secret" has the same meaning as defined in 18 U.S.C.
27   Sec. 1839, as that section existed on January 1, 2017.
28       (17) "Video game console" means a computing device, such as a
29   console machine, a handheld console device, or another device or
30   system, and its components and peripherals, that is primarily used by
31   consumers for playing video games, but which is neither a general nor
32   an all-purpose computer, such as a desktop computer, laptop, tablet,
33   or cell phone.

34       NEW SECTION. Sec. 3. (1) Effective January 1, 2026:
35       (a) An original manufacturer shall make available to any
36   independent repair provider or owner on fair and reasonable terms any
37   parts,   tools,  and  documentation   intended  for   the  diagnosis,
38   maintenance, or repair of digital electronic products and parts that
39   are first manufactured, and first sold or used in Washington, on or
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 1   after July 1, 2021. Such parts, tools, and documentation shall be
 2   made available either directly by the original manufacturer or via an
 3   authorized repair provider or authorized third-party provider.
 4       (b) For digital electronic products that are manufactured for the
 5   first time, and first sold or used in this state, after January 1,
 6   2025, an original manufacturer may not use parts pairing to:
 7       (i) Prevent or inhibit an independent repair provider or an owner
 8   from installing or enabling the function of an otherwise functional
 9   replacement part or a component of a digital electronic product,
10   including a replacement part or a component that the original
11   manufacturer has not approved;
12       (ii) Reduce the functionality or performance of a digital
13   electronic product; or
14       (iii) Cause a digital electronic product to display misleading
15   alerts or warnings about unidentified parts, which the owner cannot
16   immediately dismiss.
17       (2) Nothing in this chapter requires the original manufacturer to
18   sell parts if the parts are no longer made available to authorized
19   repair providers by the original manufacturer.


20       NEW SECTION.     Sec. 4.    Before accepting digital electronic
21   products for repair, authorized repair providers and independent
22   repair providers shall provide to customers a written or electronic
23   notice that contains the following information:
24       (1) The steps taken by the authorized repair provider or the
25   independent repair provider to ensure the privacy and security of
26   products entrusted for repair or a statement that no such steps have
27   been taken;
28       (2) Recommended steps for the customer to take to safeguard
29   product data, including:
30       (a) If appropriate, backing up data prior to repair and either:
31       (i) Factory resetting the product; or
32       (ii) Wiping backed-up data from the product;
33       (b) Sharing only the passwords or access to functions necessary
34   for the relevant repairs and changing those passwords to a temporary
35   password prior to sharing; and
36       (c) Logging out of applications or websites that contain
37   sensitive data or that otherwise pose a security risk, such as
38   electronic mail, banking, and social media accounts;


                                     p. 6                          HB 1483
 1       (3)(a) A statement about the customer's legal right to privacy,
 2   which is protected under Article I, section 7 of the state
 3   Constitution and under Washington law, which protects against:
 4       (i) Washington cybercrimes under chapter 9A.90 RCW, including
 5   electronic data theft, electronic data tampering, spoofing, and
 6   computer trespass;
 7       (ii) The disclosing of intimate images under RCW 9A.86.010;
 8       (iii) The criminal impersonation of another under RCW 9A.60.040;
 9   and
10       (iv) Identity crimes under chapter 9.35 RCW.
11       (b) Violations of privacy may be referred to law enforcement for
12   criminal prosecution, and violators may be liable for damages,
13   including mental pain and suffering, that a violation of privacy may
14   have caused to a customer's business, person, or reputation; and
15       (4) For independent repair providers, whether the repair provider
16   uses any replacement parts that are used or provided by a supplier
17   other than the original manufacturer of the digital electronic
18   product.


19       NEW SECTION.    Sec. 5.   (1) Nothing in this chapter shall be
20   construed to require an original manufacturer to divulge a trade
21   secret to an independent repair provider, except as necessary to
22   provide parts, tools, and documentation on fair and reasonable terms.
23       (2) Nothing in this chapter shall be construed to alter the terms
24   of any arrangement described in section 2(1) of this act in force
25   between an authorized repair provider and an original manufacturer
26   including, but not limited to, the performance or provision of
27   warranty or recall repair work by an authorized repair provider on
28   behalf of an original manufacturer pursuant to such arrangement,
29   except that any provision in such terms that purports to waive,
30   avoid, restrict, or limit the original manufacturer's obligations to
31   comply with this section shall be void and unenforceable.
32       (3) Nothing in this chapter shall be construed to require an
33   original manufacturer or an authorized repair provider to provide to
34   an owner or independent repair provider access to information, other
35   than documentation, that is provided by the original manufacturer to
36   an authorized repair provider pursuant to the terms of an arrangement
37   described in section 2(1) of this act.
38       (4) Nothing in this chapter shall be construed to require an
39   original manufacturer or authorized repair provider to make available
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 1   any parts, tools, or documentation for the purposes of modifying or
 2   making modifications to any digital electronic products.
 3       (5) Nothing in this chapter shall be construed to require an
 4   original manufacturer or authorized repair provider to make available
 5   any parts, tools, or documentation required for the diagnosis,
 6   maintenance, or repair of public safety communications equipment, the
 7   intended use of which is for emergency response or prevention
 8   purposes by an emergency service organization such as a police, fire,
 9   or emergency medical services agency.
10       (6) Nothing in this chapter shall apply to manufacturers or
11   distributors of a medical device as defined in the federal food,
12   drug, and cosmetic act, Title 21 U.S.C. Sec. 301 et seq., a digital
13   electronic product, or embedded software manufactured primarily for
14   use in a medical setting, including diagnostic, monitoring, or
15   control equipment.
16       (7) Nothing in this chapter shall apply to a:
17       (a) Motor vehicle manufacturer, manufacturer of motor vehicle
18   equipment, or motor vehicle dealer acting in that capacity or to any
19   product or service of a motor vehicle manufacturer, manufacturer of
20   motor vehicle equipment, or motor vehicle dealer acting in that
21   capacity;
22       (b) Manufacturer, distributor, importer, or dealer of any power
23   generation or storage equipment, or equipment for fueling or charging
24   motor vehicles;
25       (c) Product that has never been available for retail sale to a
26   consumer;
27       (d) Product which is a system, mechanism, or series of mechanisms
28   that generates, stores, or combines generation and storage of
29   electrical energy from solar radiation; or
30       (e) Product which stores electrical energy for a period of time
31   and transmits the energy after storage, that is interconnected with a
32   transmission or distribution system and that is approved by an
33   electric utility or located on a customer's side of an electric
34   utility meter in accordance with an applicable utility tariff or
35   interconnection agreement.
36       (8) Nothing in this section applies to utility equipment; farm or
37   agricultural equipment; construction equipment; compact construction
38   equipment; road building equipment; electronic vehicle charging
39   infrastructure equipment; mining equipment; low earth orbit broadband
40   equipment manufactured before 2044; and any tools, technology,
                                     p. 8                          HB 1483
 1   attachments, accessories, components, and repair parts for any of the
 2   foregoing.
 3       (9) Nothing in this section shall be construed to require any
 4   original manufacturer or authorized repair provider to make available
 5   any parts, tools, or documentation required for the diagnosis,
 6   maintenance, or repair of a video game console and its components and
 7   peripherals.
 8       (10) Nothing in this section shall be construed to require any
 9   original manufacturer or authorized repair provider to make available
10   documentation or tools used exclusively for repairs completed by
11   machines that operate on several digital electronic products
12   simultaneously, if the original manufacturer makes available to
13   owners of the product and independent repair providers sufficient,
14   alternative documentation and tools to effect the diagnosis,
15   maintenance, or repair of the digital electronic product.
16       (11) Nothing in this section shall be construed to require an
17   original manufacturer to make available special documentation, tools,
18   parts, or other devices or implements that would disable or override,
19   without an owner's authorization, antitheft or privacy security
20   measures that the owner sets for digital electronic products.
21       (12) Nothing in this section shall apply to set-top boxes,
22   modems, routers, or all-in-one devices delivering internet, video,
23   and voice systems that are distributed by a video, internet, or voice
24   service provider if the service provider offers equivalent or better,
25   readily available replacement equipment at no charge to the customer.
26       (13) Nothing in this section shall apply to off-road equipment
27   including, but not limited to: Farm and utility tractors, farm
28   implements, farm machinery, forestry equipment, industrial equipment,
29   utility equipment, construction equipment, compact construction
30   equipment, road building equipment, mining equipment, turf, yard, and
31   garden equipment, outdoor power equipment, portable generators,
32   marine, all-terrain sports, racing, and recreational vehicles, stand-
33   alone or integrated stationary or mobile internal combustion engines,
34   power sources, such as generator sets, electric batteries, and fuel
35   cell power, power tools, and any tools, technology, attachments,
36   accessories, components, and repair parts for any of the foregoing.

37       NEW SECTION. Sec. 6. (1) No original manufacturer or authorized
38   repair provider shall be liable for any damage or injury to any
39   digital electronic product caused by an independent repair provider
                                     p. 9                          HB 1483
1    or owner which occurs during the course of repair, diagnosis, or
2    maintenance and is not attributable to the original manufacturer or
3    authorized repair provider other than if the failure is attributable
4    to design or manufacturing defects.
5        (2) The original manufacturer does not warrant any services
6    provided by independent repair providers.

 7       NEW SECTION.    Sec. 7.    (1) The legislature finds that the
 8   practices covered by this chapter are matters vitally affecting the
 9   public interest for the purpose of applying the consumer protection
10   act, chapter 19.86 RCW. A violation of this chapter is not reasonable
11   in relation to the development and preservation of business and is an
12   unfair or deceptive act in trade or commerce and an unfair method of
13   competition for the purpose of applying the consumer protection act,
14   chapter 19.86 RCW.
15       (2) This chapter may be enforced solely by the attorney general
16   under the consumer protection act, chapter 19.86 RCW.


17       NEW SECTION.   Sec. 8.   Sections 1 through 7 and 9 of this act
18   constitute a new chapter in Title 19 RCW.


19       NEW SECTION. Sec. 9.   This chapter may be known and cited as the
20   right to repair act.

                                  --- END ---




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