After years of trying, a Right to Repair proposal proceeds in the legislature

Apple, headquartered in California, generally doesn’t make it easy for consumers to turn to third parties to fix its products. But California legislators nonetheless are moving forward with a proposal to make such repairs a veritable right for residents.

Advocates have been trying for the last five years to get lawmakers to approve a so-call “Right to Repair” law, which would grant consumers and independent repair shops access to parts and tools to fix consumer electronics and appliances, including cell phones and refrigerators.

Intense industry lobbying has so far doomed these proposals every time. This year, however, the latest Right to Repair proposal, Senate Bill 244, by Sen. Susan Eggman, (D-Stockton), has made it out of its house of origin, riding the momentum of similar bills that were approved this year in New York, Colorado and Minnesota. SB 244 passed out of the Senate on a 38-0, bipartisan vote in late May. It’s since been referred to the Assembly Committee on Privacy and Consumer Protection and the Assembly Judiciary Committee.

“This is a huge victory for anyone who’s ever been faced with limited options when their phone, fridge or other household electronics break down,” said Jenn Engstrom, state director of California Public Interest Research Group or CALPIRG, in a statement released after the Senate vote. CALPIRG is one of SB 244’s sponsors.

“It’s due time that California fixed its laws so that we can fix our stuff. For the hundreds of advocates and repair businesses and the untold number of consumers supporting Right to Repair, we’re one huge step closer to making that happen,” Engstrom said.

Advocates have been trying for the last five years to get lawmakers to approve a so-call “Right to Repair” law, which would grant consumers and independent repair shops access to parts and tools to fix consumer electronics and appliances, including cell phones and refrigerators.

Eggman said the proposal is doing better this year because there’s national momentum for the Right to Repair – “The president’s been talking about it, too,” she said – and because the opponents of the bill have been somewhat more cooperative this go around. Also, she said, persistence helps.

“We’ve worn members down,” Eggman said wryly.

CALPIRG says SB 244 could not only save Californian households roughly $5 billion per year but also could help protect the environment by keeping electronics in use longer (and out of landfills), which in turn could reduce the need for mining. The organization says Californians throw away 46,000 cell phones a day and 772,00 tons of electronic waste each year.

SB 244 has the support of 82 independent repair shops, 109 local elected officials and 49 environmental groups. This year, 28 states have either considered or are considering similar Right to Repair proposals. CALPIRG says approving a Right to Repair law in California, the home of Silicon Valley, would be a major win for the nationwide movement.

Yet, SB 244 still faces considerable headwinds. More than a dozen organizations have registered their opposition, including the California Chamber of Commerce, the California Manufacturers and Technology Association, the Consumer Technology Association and the Telecommunications Industry Association.

“One of our chief concerns with this legislation is its potential to weaken the privacy and security features of various electronic products,” opponents wrote in a March letter to Senate Committee on the Judiciary.  “The security of user information on these products is of the utmost importance to consumers that rely on them. Computers, tablets, and smartphones are at risk of hacking, and weakening of the privacy and security protections of those products will increase risks to consumers. With access to technical information, criminals can more easily circumvent security protections, harming not only the product owner but also everyone who shares their network. In an era of sophisticated cyberattacks, we should not make it easier for criminals to hack security provisions.”

Opponents also expressed in the letter their concern that SB 244 would open up repairs to providers that have not received the proper training or competency certifications.

“Most consumer technology products are comprised of complex electronics which require specialized training and sophisticated test instruments to repair safely,” the letter said. “Some types of repairs can be extremely detailed, complicated, and dangerous to anyone without proper training.”

The letter continued: “Manufacturers want to ensure that their products are serviced by professionals who understand the intricacies of their products and have spent time procuring the knowledge necessary to safely repair them and return them to consumers without compromising those standards or undermining the safety and security of their products. Authorized repair networks not only include training requirements but also have the technical skills and test instruments to verify that repair parts meet all necessary performance and safety specifications. Consumers can be protected by warranties or other means of recourse. The legislation provides no such protections for consumers, repair shops, or manufacturers.”

Eggman dismissed the arguments against the Right to Repair as spurious – but said industry has succeeded in killing the proposal behind closed doors before. Now that the bill is being heard in committee, however, she said, it’s much harder to derail the legislation, because expert witnesses refute the opponents’ concerns.

The difference this year, Eggman said, is that the Right to Repair proposal is getting a transparent vetting in the legislature.

“It’s always harder killing things in the light,” she said.