Digital electronics/repair

AN ACT Relating to supporting the servicing and right to repair 1
of certain products with digital electronics in a secure and reliable 2
manner to increase access and affordability for Washingtonians; and 3
adding a new chapter to Title 19 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1) The legislature finds that:6
(a) Consumer access to affordable and reliable products that 7
contain digital electronics, including computers, cell phones, 8
appliances, and other nonexempted consumer products, is essential to 9
overcome digital inequities in Washington state and that broader 10
distribution of the information, parts, and tools necessary to repair 11
digital electronic products will shorten repair times, lengthen the 12
useful lives of digital electronic products, and lower costs for 13
consumers; 14
(b) Consumers increasingly rely on these products to conduct 15
personal and professional business daily. Many modern consumer 16
products contain digital components, such as microprocessors and 17
microchips, which can create barriers to repairs. In some United 18
States' households, everything from the coffee maker, to the washing 19
machine, vacuum, thermostat, or doorbell may have a digital component 20
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.
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as technology has evolved and smart products have increased in 1
popularity; 2
(c) The need for more accessible and affordable repair options is 3
felt more acutely among specific sectors of the population, notably 4
Washington residents in rural areas and people who earn low incomes. 5
Original manufacturer shops or authorized repair providers are often 6
located in urban areas requiring consumers to travel long distances 7
for repair or be without products for periods of time;8
(d) Small, independent businesses play a vital role in 9
Washington's economy. Providing access to information, parts, and 10
tools is essential in contributing to a competitive repair market, 11
allowing small repair shop employees to repair products more safely;12
(e) Certain electronic products are comprised of precious metals 13
that are finite, and unnecessary early disposal can be avoided with 14
greater accessibility to proper and affordable repair; and15
(f) Other states such as Minnesota, New York, California, and 16
Colorado have enacted right to repair legislation, recognizing the 17
need to increase access to the documentation, tools, and parts 18
necessary to facilitate multiple repair options for all kinds of 19
consumer products with digital electronics. 20
(2) Therefore, the legislature intends to broaden access to the 21
information and tools necessary to repair digital electronic 22
products, including computers, cell phones, appliances, and other 23
nonexempted products in a safe, secure, reliable, and sustainable 24
manner, thereby increasing access to appropriate and affordable 25
digital electronic products, supporting small businesses and jobs, 26
and making it easier for all residents of Washington state to connect 27
digitally. 28
NEW SECTION. Sec. 2. The definitions in this section apply 29
throughout this chapter unless the context clearly requires 30
otherwise.31
(1) "Authorized repair provider" means an individual or business 32
that is unaffiliated with an original manufacturer and that has an 33
arrangement with the original manufacturer to use the original 34
manufacturer's trade name, service mark, or other proprietary 35
identifier for the purpose of offering the services of diagnosis, 36
maintenance, or repair of digital electronic products under the name 37
of the original manufacturer, or that has an arrangement with the 38
original manufacturer under which the individual or business offers 39
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the services of diagnosis, maintenance, or repair of digital 1
electronic products on behalf of the original manufacturer. An 2
original manufacturer who offers the services of diagnosis, 3
maintenance, or repair of its own digital electronic products shall 4
be considered an authorized repair provider with respect to such 5
products. 6
(2) "Authorized third-party provider" means an individual or 7
business that is unaffiliated with an original manufacturer and that 8
has an arrangement with the original manufacturer to use the original 9
manufacturer's trade name, service mark, or other proprietary 10
identifier for the purpose of distributing parts, tools, or 11
documentation. 12
(3) "Diagnosis" means the process of identifying the issue or 13
issues that cause digital electronic products to not be in fully 14
working order. 15
(4) "Digital electronic product" or "products" means any product 16
or electronic that: 17
(a) Depends, in whole or in part, on digital electronics, such as 18
a microprocessor or microcontroller, embedded in or attached to the 19
product in order to function; 20
(b) Is tangible personal property; 21
(c) Is generally used for personal, family, or household 22
purposes; 23
(d) Is sold, used, or supplied in Washington 180 days or more 24
after the product was first manufactured and 180 days or more after 25
the product was first sold or used in Washington; and26
(e) Might be, but is not necessarily, capable of attachment to or 27
installation in real property. 28
(5) "Documentation" means any manual, maintenance procedures, 29
functional and wiring diagrams, reporting output, service code 30
description, circuit board schematics, security code, password, 31
training material, troubleshooting information, list of required 32
tools, parts list, or other guidance or information that enables a 33
person to diagnose, maintain, repair, or update a digital electronic 34
product. 35
(6) "Fair and reasonable terms" means each of the following, as 36
applicable: 37
(a)(i) For parts, at costs and terms that are equivalent to the 38
most fair and reasonable costs and terms under which the manufacturer 39
offers the part, tool, or documentation to an authorized repair 40
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provider, accounting for any discount, rebate, convenient and timely 1
means of delivery, means of enabling fully restored and updated 2
functionality, rights of use, or other incentive or preference the 3
manufacturer offers to an authorized repair provider, and is not 4
conditioned on or imposing a substantial obligation to use or 5
restrict the use of the part to diagnose, maintain, or repair digital 6
electronic products sold, leased, or otherwise supplied by the 7
original manufacturer; 8
(ii) For documentation, including any relevant updates, that the 9
documentation is made available at no charge, except that, when the 10
documentation is requested in physical printed form, a charge may be 11
included for the reasonable actual costs of preparing and sending the 12
copy; 13
(iii) For tools, that the tools are made available by the 14
manufacturer at no charge and without imposing impediments to access 15
or use of the tools to diagnose, maintain, or repair and enable full 16
functionality of the product, or in a manner that impairs the 17
efficient and cost-effective performance of any such diagnosis, 18
maintenance, or repair, except that, when a tool is requested in 19
physical form, a charge may be included for the reasonable, actual 20
costs of preparing and sending the tool; 21
(b) If a manufacturer does not use an authorized repair provider, 22
"fair and reasonable terms" means at a price that reflects the actual 23
cost to the manufacturer to prepare and deliver the part, tool, or 24
documentation, exclusive of any research and development costs 25
incurred. 26
(7) "Independent repair provider" means an individual or business 27
that engages in the services of diagnosis, maintenance, or repair of 28
digital electronic products in this state without an arrangement with 29
the original manufacturer of such products as described in subsection 30
(1) of this section or an affiliation with an authorized repair 31
provider for such products. "Independent repair provider" also means 32
an original manufacturer or an original manufacturer's authorized 33
repair provider that engages in the services of diagnosis, 34
maintenance, or repair of a digital electronic product that is not 35
manufactured by or on behalf of, sold by, or supplied by such 36
original manufacturer. 37
(8) "Maintenance" means any act necessary to keep currently 38
working digital electronic products in fully working order.39
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(9) "Modifications" or "modifying" means any alteration to 1
digital electronic products that is not maintenance or repair.2
(10) "Original manufacturer" means an individual or business 3
that, in the normal course of business, is engaged in the business of 4
selling, leasing, or otherwise supplying new digital electronic 5
products manufactured by or on behalf of itself, to any individual or 6
business. 7
(11) "Owner" means an individual or business that owns or leases 8
digital electronic products purchased or used in this state.9
(12) "Part" means any replacement part, either new or used, or 10
its equivalent, which is generally available or used by an original 11
manufacturer or an authorized repair provider for purposes of 12
effecting the services of maintenance or repair of digital electronic 13
products manufactured or sold by the original manufacturer.14
(13) "Parts pairing" means an original manufacturer's practice of 15
using software to identify component parts through a unique 16
identifier. 17
(14) "Repair" means any act needed to restore digital electronic 18
products to fully working order. 19
(15) "Tool" means any software program, hardware implement, or 20
other apparatus, used for diagnosis, maintenance, or repair of 21
digital electronic products, including software or other mechanisms 22
that provide, program, or pair a part, calibrate functionality, or 23
perform any other function required to bring the product or part back 24
to fully functional condition, including any updates.25
(16) "Trade secret" has the same meaning as defined in 18 U.S.C. 26
Sec. 1839, as that section existed on January 1, 2017.27
(17) "Video game console" means a computing device, such as a 28
console machine, a handheld console device, or another device or 29
system, and its components and peripherals, that is primarily used by 30
consumers for playing video games, but which is neither a general nor 31
an all-purpose computer, such as a desktop computer, laptop, tablet, 32
or cell phone. 33
NEW SECTION. Sec. 3. (1) Effective January 1, 2026:34
(a) An original manufacturer shall make available to any 35
independent repair provider or owner on fair and reasonable terms any 36
parts, tools, and documentation intended for the diagnosis, 37
maintenance, or repair of digital electronic products and parts that 38
are first manufactured, and first sold or used in Washington, on or 39
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after July 1, 2021. Such parts, tools, and documentation shall be 1
made available either directly by the original manufacturer or via an 2
authorized repair provider or authorized third-party provider.3
(b) For digital electronic products that are manufactured for the 4
first time, and first sold or used in this state, after January 1, 5
2025, an original manufacturer may not use parts pairing to:6
(i) Prevent or inhibit an independent repair provider or an owner 7
from installing or enabling the function of an otherwise functional 8
replacement part or a component of a digital electronic product, 9
including a replacement part or a component that the original 10
manufacturer has not approved; 11
(ii) Reduce the functionality or performance of a digital 12
electronic product; or 13
(iii) Cause a digital electronic product to display misleading 14
alerts or warnings about unidentified parts, which the owner cannot 15
immediately dismiss. 16
(2) Nothing in this chapter requires the original manufacturer to 17
sell parts if the parts are no longer made available to authorized 18
repair providers by the original manufacturer. 19
NEW SECTION. Sec. 4. Before accepting digital electronic 20
products for repair, authorized repair providers and independent 21
repair providers shall provide to customers a written or electronic 22
notice that contains the following information:23
(1) The steps taken by the authorized repair provider or the 24
independent repair provider to ensure the privacy and security of 25
products entrusted for repair or a statement that no such steps have 26
been taken; 27
(2) Recommended steps for the customer to take to safeguard 28
product data, including: 29
(a) If appropriate, backing up data prior to repair and either:30
(i) Factory resetting the product; or 31
(ii) Wiping backed-up data from the product; 32
(b) Sharing only the passwords or access to functions necessary 33
for the relevant repairs and changing those passwords to a temporary 34
password prior to sharing; and 35
(c) Logging out of applications or websites that contain 36
sensitive data or that otherwise pose a security risk, such as 37
electronic mail, banking, and social media accounts;38
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(3)(a) A statement about the customer's legal right to privacy, 1
which is protected under Article I, section 7 of the state 2
Constitution and under Washington law, which protects against:3
(i) Washington cybercrimes under chapter 9A.90 RCW, including 4
electronic data theft, electronic data tampering, spoofing, and 5
computer trespass; 6
(ii) The disclosing of intimate images under RCW 9A.86.010;7
(iii) The criminal impersonation of another under RCW 9A.60.040; 8
and 9
(iv) Identity crimes under chapter 9.35 RCW. 10
(b) Violations of privacy may be referred to law enforcement for 11
criminal prosecution, and violators may be liable for damages, 12
including mental pain and suffering, that a violation of privacy may 13
have caused to a customer's business, person, or reputation; and14
(4) For independent repair providers, whether the repair provider 15
uses any replacement parts that are used or provided by a supplier 16
other than the original manufacturer of the digital electronic 17
product. 18
NEW SECTION. Sec. 5. (1) Nothing in this chapter shall be 19
construed to require an original manufacturer to divulge a trade 20
secret to an independent repair provider, except as necessary to 21
provide parts, tools, and documentation on fair and reasonable terms.22
(2) Nothing in this chapter shall be construed to alter the terms 23
of any arrangement described in section 2 (1) of this act in force 24
between an authorized repair provider and an original manufacturer 25
including, but not limited to, the performance or provision of 26
warranty or recall repair work by an authorized repair provider on 27
behalf of an original manufacturer pursuant to such arrangement, 28
except that any provision in such terms that purports to waive, 29
avoid, restrict, or limit the original manufacturer's obligations to 30
comply with this section shall be void and unenforceable.31
(3) Nothing in this chapter shall be construed to require an 32
original manufacturer or an authorized repair provider to provide to 33
an owner or independent repair provider access to information, other 34
than documentation, that is provided by the original manufacturer to 35
an authorized repair provider pursuant to the terms of an arrangement 36
described in section 2(1) of this act. 37
(4) Nothing in this chapter shall be construed to require an 38
original manufacturer or authorized repair provider to make available 39
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any parts, tools, or documentation for the purposes of modifying or 1
making modifications to any digital electronic products.2
(5) Nothing in this chapter shall be construed to require an 3
original manufacturer or authorized repair provider to make available 4
any parts, tools, or documentation required for the diagnosis, 5
maintenance, or repair of public safety communications equipment, the 6
intended use of which is for emergency response or prevention 7
purposes by an emergency service organization such as a police, fire, 8
or emergency medical services agency. 9
(6) Nothing in this chapter shall apply to manufacturers or 10
distributors of a medical device as defined in the federal food, 11
drug, and cosmetic act, Title 21 U.S.C. Sec. 301 et seq., a digital 12
electronic product, or embedded software manufactured primarily for 13
use in a medical setting, including diagnostic, monitoring, or 14
control equipment. 15
(7) Nothing in this chapter shall apply to a: 16
(a) Motor vehicle manufacturer, manufacturer of motor vehicle 17
equipment, or motor vehicle dealer acting in that capacity or to any 18
product or service of a motor vehicle manufacturer, manufacturer of 19
motor vehicle equipment, or motor vehicle dealer acting in that 20
capacity; 21
(b) Manufacturer, distributor, importer, or dealer of any power 22
generation or storage equipment, or equipment for fueling or charging 23
motor vehicles; 24
(c) Product that has never been available for retail sale to a 25
consumer; 26
(d) Product which is a system, mechanism, or series of mechanisms 27
that generates, stores, or combines generation and storage of 28
electrical energy from solar radiation; or 29
(e) Product which stores electrical energy for a period of time 30
and transmits the energy after storage, that is interconnected with a 31
transmission or distribution system and that is approved by an 32
electric utility or located on a customer's side of an electric 33
utility meter in accordance with an applicable utility tariff or 34
interconnection agreement. 35
(8) Nothing in this section applies to utility equipment; farm or 36
agricultural equipment; construction equipment; compact construction 37
equipment; road building equipment; electronic vehicle charging 38
infrastructure equipment; mining equipment; low earth orbit broadband 39
equipment manufactured before 2044; and any tools, technology, 40
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attachments, accessories, components, and repair parts for any of the 1
foregoing. 2
(9) Nothing in this section shall be construed to require any 3
original manufacturer or authorized repair provider to make available 4
any parts, tools, or documentation required for the diagnosis, 5
maintenance, or repair of a video game console and its components and 6
peripherals. 7
(10) Nothing in this section shall be construed to require any 8
original manufacturer or authorized repair provider to make available 9
documentation or tools used exclusively for repairs completed by 10
machines that operate on several digital electronic products 11
simultaneously, if the original manufacturer makes available to 12
owners of the product and independent repair providers sufficient, 13
alternative documentation and tools to effect the diagnosis, 14
maintenance, or repair of the digital electronic product.15
(11) Nothing in this section shall be construed to require an 16
original manufacturer to make available special documentation, tools, 17
parts, or other devices or implements that would disable or override, 18
without an owner's authorization, antitheft or privacy security 19
measures that the owner sets for digital electronic products.20
(12) Nothing in this section shall apply to set-top boxes, 21
modems, routers, or all-in-one devices delivering internet, video, 22
and voice systems that are distributed by a video, internet, or voice 23
service provider if the service provider offers equivalent or better, 24
readily available replacement equipment at no charge to the customer.25
(13) Nothing in this section shall apply to off-road equipment 26
including, but not limited to: Farm and utility tractors, farm 27
implements, farm machinery, forestry equipment, industrial equipment, 28
utility equipment, construction equipment, compact construction 29
equipment, road building equipment, mining equipment, turf, yard, and 30
garden equipment, outdoor power equipment, portable generators, 31
marine, all-terrain sports, racing, and recreational vehicles, stand-32
alone or integrated stationary or mobile internal combustion engines, 33
power sources, such as generator sets, electric batteries, and fuel 34
cell power, power tools, and any tools, technology, attachments, 35
accessories, components, and repair parts for any of the foregoing.36
NEW SECTION. Sec. 6. (1) No original manufacturer or authorized 37
repair provider shall be liable for any damage or injury to any 38
digital electronic product caused by an independent repair provider 39
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or owner which occurs during the course of repair, diagnosis, or 1
maintenance and is not attributable to the original manufacturer or 2
authorized repair provider other than if the failure is attributable 3
to design or manufacturing defects. 4
(2) The original manufacturer does not warrant any services 5
provided by independent repair providers. 6
NEW SECTION. Sec. 7. (1) The legislature finds that the 7
practices covered by this chapter are matters vitally affecting the 8
public interest for the purpose of applying the consumer protection 9
act, chapter 19.86 RCW. A violation of this chapter is not reasonable 10
in relation to the development and preservation of business and is an 11
unfair or deceptive act in trade or commerce and an unfair method of 12
competition for the purpose of applying the consumer protection act, 13
chapter 19.86 RCW.14
(2) This chapter may be enforced solely by the attorney general 15
under the consumer protection act, chapter 19.86 RCW.16
NEW SECTION. Sec. 8. Sections 1 through 7 and 9 of this act 17
constitute a new chapter in Title 19 RCW.18
NEW SECTION. Sec. 9. This chapter may be known and cited as the 19
right to repair act.20
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