A cracked cell phone screen or dead iPhone battery could be easier to fix starting next year in California after the approval of a new consumer rights law signed by Gov. Gavin Newsom.
Newsom signed the bill, authored by Sen. Susan Talamantes Eggman (D-Stockton), on Oct. 10, making California the fourth state since last year, following New York, Colorado, and Minnesota, to enact such a measure.
Currently, only electronic manufacturers or their authorized technicians can fix broken gadgets, sometimes leading to higher costs and lengthy repair time. Instead of paying extra or waiting for a repair, many consumers buy new devices, leading to more waste, according to Ms. Eggman.
The governor’s approval ended a six-year effort to bring the law to California, Ms. Eggman said in a social media statement Oct. 11. The new law goes into effect in July 2024.
At least four key components to repair electronics are often not available to consumers, she added.
According to Ms. Eggman, these include authentic parts provided by the manufacturer, and regarding repairs—the appropriate tools needed, a written manual explaining how to make such, and the software needed to reset or recalibrate the product afterward.
“Missing even one of these components can make repair more challenging, less safe, and less reliable,” she said in the statement.
According to the new law, manufacturers of electronics or appliances that cost wholesalers $50 to $99 are to make available to owners, repair shops, and service dealers documents, parts, and tools, including any updates, for “fair and reasonable terms” for at least three years after the last date a product model or type was manufactured, regardless of any warranties.
Electronics or appliance manufacturers of products with a wholesale price of $100 or more are required to make these items available for at least seven years, according to a legislative analysis of the bill.
The new law also includes a provision that allows a city, county, or the state to sue manufacturers who knowingly violate it. The governmental agencies can seek civil fines from $1,000 per day for the first violation, to $2,000 per day for the second, and $5,000 per day for violating the law a third time or more.
An amendment to the bill, added by the Assembly, places a three-year statute of limitation on legal action against any violations.
SB 244 includes a provision that precludes a manufacturer from divulging trade secrets or intellectual property.
The measure passed the Assembly 65–1 Sept. 12, with 14 members abstaining, and the Senate unanimously on May 30 with a 38–0 vote, with two senators not voting.
Californians Against Waste, a nonprofit organization that works to reduce pollution and waste, the California Public Interest Research Group, and iFixit, a global online repair community, sponsored the legislation.
Nick Lapis, director of advocacy for Californians Against Waste, said replacing electronics impacts people in many ways.
A coalition of associations representing businesses and manufacturers opposed the legislation, including the Association of Home Appliance Manufacturers, the California Chamber of Commerce, the Civil Justice Association of California, the Internet Coalition, and others.
The opposing coalition asserted the bill put customers and their data at risk. The groups also said it undermined the business of companies that are part of an authorized network of original equipment manufacturers that take measures to avoid counterfeit components.
The opponents also said the bill would stifle innovation by putting “hard-earned intellectual property in the hands of hundreds, if not thousands, of new entities,” according to a statement provided to the Legislature. “It also does not address advancements in sustainability by electronic product manufacturers.”
