Minnesota Incorporates Digital Devices into Right-to-Repair Laws
Minnesota has instituted a pioneering right-to-repair bill for digital devices, positioning it as the second state in the U.S. to adopt such laws. This was accomplished through including language from prior pieces of legislation into its current budget.
The Gopher state enacted the right-to-repair principle into its budget, SF 2744, this year. This came after Senate File 1598 and House File 1337, both electronics right-to-repair bills, failed to pass out of their respective chambers. However, on May 24th, Governor Tim Walz signed off on the budget, SF 2744.
New York became the first state to enact legislation on digital right to repair in 2022, yet some argued that this bill had been weakened before its implementation.
The digital right to repair bill, “fills in many of the loopholes that watered down the New York Right to Repair legislation,” Nathan Proctor, the senior director for the Public Interest Research Group’s right-to-repair campaign, stated in a post.
“Fair and Reasonable”
Tucked away within the Minnesota budget, the Digital Fair Repair Act can be found written in section 11, line 167.8. This act ensures that OEMs make available all necessary documentation, parts and tools for diagnosis, maintenance or repair to independent repair providers and owners at fair and reasonable terms.
The phrase “fair and reasonable terms” denotes a cost equal to that of an OEM’s authorized repair provider, without necessitating the independent repair provider become authorized. Additionally, there is no stipulation that the part needs to be registered or paired with an OEM for approval.
OEMs also need not disclose confidential business information or intellectual property, unless it is for the purpose of delivering documentation, components, and tools. Further, OEMs will not be required to provide any extra documents, tools, or parts to circumvent anti-theft security functions.
“Nothing in this section shall apply if the original equipment manufacturer provides equivalent or better, readily available replacement equipment at no charge to the customer,” the bill language transcripts.
Beginning July 1, 2024, any devices purchased on or after July 1, 2021, will be subject to the new legislation.
Exemption List Finalized
The budget terms encompass a variety of alterations from both the Senate and House bills. For instance, an element of the Senate bill called for OEMs to supply devices necessary for reactivating any electronic security lock or other type of security-related task.
Under this budgetary provision, any devices acquired before Jan. 1, 2024, will be included in SF 1598. Prior to this change, only purchases made after that date would have been eligible for coverage.
The final exemption list also features items not included in either the Senate or House files. For instance, agricultural equipment was excluded from HF 1337 and video game consoles were also kept from SF 2744.
The final budget language omits any vehicles, medical equipment, agricultural machinery, nonroad or off-road equipment, EV charging infrastructure gear, gaming consoles and energy storage systems.
As reported by Repair.org, there are currently 25 other states with active repair bills in 2023. To further this mission, President Biden has urged federal agencies, including the Department of Agriculture and Federal Trade Commission, to review existing policies that could impede successful repairs.
