S 4655: Modifies what qualifies as an original equipment manufacturer and the manufacture date when hardware must comply with the right to repair law; repeals certain limitations on the right to repair law.

  
  STATE OF NEW YORK ________________________________________________________________________ 4655 2025-2026 Regular Sessions  IN SENATE February 10, 2025 ___________ Introduced by Sen. FAHY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the sale of digital electronic equipment and providing diagnostic and repair information; and to amend chapter 810 of the laws of 2022 amending the general business law relating to the sale of digital electronic equip- ment and providing diagnostic and repair information, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b), and (m) of subdivision 1, paragraphs 2 (a), (g), (h), (i) and (j) of subdivision 3, paragraphs (d) and (e) of 3 subdivision 4, and the opening paragraph of subdivision 6 of section 4 399-nn of the general business law, paragraphs (a), (b) and (m) of 5 subdivision 1, paragraphs (a) and (g) of subdivision 3, and the opening 6 paragraph of subdivision 6, as amended and paragraphs (h), (i) and (j) 7 of subdivision 3, and paragraphs (d) and (e) of subdivision 4, as added 8 by chapter 48 of the laws of 2023, are amended to read as follows: 9 (a) "Authorized repair provider" means an individual or business who 10 has an arrangement with the original equipment manufacturer under which 11 the original equipment manufacturer grants to the individual or business 12 a license to use a trade name, service mark, or other proprietary iden- 13 tifier for the purposes of offering the services of diagnosis, mainte- 14 nance, or repair of digital electronic equipment under the name of the 15 original equipment manufacturer, or other arrangement with the original 16 equipment manufacturer to offer such services on behalf of the original 17 equipment manufacturer. An original equipment manufacturer who offers 18 the services of diagnosis, maintenance, or repair of its own digital 19 electronic equipment shall be considered an authorized repair provider 20 with respect to such equipment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09271-01-5 
 S. 4655 2 1 (b) "Digital electronic equipment" or "equipment" means any hardware 2 product manufactured for the first time, and first sold or used in New 3 York on or after July first, two thousand [twenty-three, that depends 4 for its functioning, in whole or in part, on digital electronics embed- 5 ded in or attached to the product] twenty-one, for which the original 6 equipment manufacturer makes available tools, parts, and documentation 7 either through authorized repair providers, its own employees, or any 8 authorized third-party providers ["Digital electronic equipment" or 9 "equipment" does not include any product sold under a specific busi- 10 ness-to-government or business-to-business contract, which is not other- 11 wise offered for sale directly by a retail seller]. 12 (m) "Part" or "parts" means any replacement part or assembly of parts, 13 either new or used, made available by an original equipment manufacturer 14 for purposes of effecting the services of maintenance or repair of 15 digital electronic equipment manufactured or sold by the original equip- 16 ment manufacturer. [Part does not include printed board assemblies that 17 may allow device cloning in violation of 18 U.S.C. Section 1029 or other 18 applicable law.] 19 (a) [Nothing] Except as necessary to comply with this section, nothing 20 in this section shall be construed to require an original equipment 21 manufacturer to divulge [any] a trade secret or license any intellectual 22 property, including copyrights or patents, to any owner or independent 23 service provider. 24 (g) Nothing in this section shall be construed to require any original 25 equipment manufacturer or authorized repair provider to make available 26 any parts, tools, or documentation required for the diagnosis, mainte- 27 nance, or repair of any [home appliance that has a digital electronic 28 product embedded within it, including, but not limited to, refrigera- 29 tors, ovens, microwaves, air conditioning, heating units, and] security 30 devices or alarm systems including any related software and components. 31 (h) Nothing in this section shall prevent an original equipment 32 manufacturer from establishing reasonable training and certification 33 programs for independent repair providers, however, no independent 34 repair provider shall be required to complete any such training or 35 certification program as a condition to be covered by the rights granted 36 under this chapter. 37 (i) [Nothing in this section shall prevent an original equipment 38 manufacturer from offering parts, such as integrated batteries, to inde- 39 pendent repair providers or owners pre-assembled with other parts rather 40 than as individual components, where the individual components may pose 41 a heightened safety risk if installed improperly. 42 (j)] Nothing in this section shall require an original equipment 43 manufacturer to make available special documentation, tools, and parts 44 that would disable or override anti-theft security measures set by the 45 owner of the equipment without the owner's authorization. 46 (d) outside the meter commercial and industrial electrical equipment 47 [(]including power distribution equipment, [such as medium/low voltage 48 switchgear and transformers, power control equipment, such as medium/low 49 voltage motor control and drives, power quality equipment, such as unin- 50 terruptable power supplies, remote power panels, power distribution 51 units and static/transfer switches)] and any tools, technology, attach- 52 ments, accessories, components and repair parts for any of the forego- 53 ing. 54 (e) an electronic bicycle manufacturer, distributor, importer, retail- 55 er or dealer. 
 S. 4655 3 1 Before repairing digital electronic equipment, independent repair 2 providers shall provide to any customer, [and] or publish on their 3 website and the place of business, a written notice that contains the 4 following information: 5 § 2. Section 3 of chapter 810 of the laws of 2022 amending the general 6 business law relating to the sale of digital electronic equipment and 7 providing diagnostic and repair information, as amended by chapter 48 of 8 the laws of 2023, is amended to read as follows: 9 § 3. This act shall take effect one year after it shall have become a 10 law and shall apply to digital electronic equipment, manufactured for 11 the first time, and first sold or used in New York on or after July 1, 12 [2023] 2021. 13 § 3. This act shall take effect immediately.