CC SR 20230905 D - SB 244 (Eggman) Right to Repair
CITY COUNCIL MEETING DATE: 09/05/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to support Senate Bill (SB) No. 244 (Right to Repair
Act).
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter supporting SB 244 (Right to Repair Act ).
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Shaunna Hunter, MPA, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft support letter for SB 244 (page A-1)
B. Text of SB 244 (as amended June 29, 2023) (page B-1)
C. Assembly Appropriations Analysis, August 13, 2023 (page C-1)
BACKGROUND AND DISCUSSION:
SB 244, known as the Right to Repair Act, seeks to establish essential requirements for
manufacturers of electronic or appliance products, ensuring access to repair information
and tools for consumers, service facilities, and service dealers. By doing so, the bill aims
to foster equitable and reasonable repair choices, independent of any existing warranties,
thereby enhancing clarity in the repair process. SB 244 builds upon the foundation set by
the 1970 Song-Beverly Consumer Warranty Act, expanding the obligations for
manufacturers of electronic devices and appliances. This move is aligned with a broader
trend, as 24 states have contemplated legislation to support consumers' right to repair,
and three states have successfully enacted similar protective measures.
Senator Eggman, the bill’s author, aims to simplify and decrease the financial burden on
consumers seeking repairs for electronics and appliances. Notably, the bill has gained
1
recent support from Apple, Inc., headquartered in Cupertino. A recent communication
dated August 23, 2023, from Apple, Inc., underlines the company's endorsement of
California's Right to Repair Act, emphasizing the imperative of enhancing repair
accessibility while upholding safety, security, and privacy.
Under the proposed legislation, manufacturers of electronics designed for personal,
household, or home office use would be required to maintain repair documentation for
appliances surpassing a $100 valuation threshold, up to seven years sold after July 1,
2021. This measure is poised to streamline and optimize the repair process for
consumers.
Manufacturer obligations and possible outcomes if SB 244 is enacted:
• Access to Repair Information and Tools: The bill would require manufacturers to
provide access to diagnostic, maintenance, and repair information, as well as
necessary tools, to product owners, service and repair facilities, and service
dealers. This access must be provided on fair and reasonable te rms, even if no
express warranty exists.
• Notification and Disclosure: Service and repair facilities or service dealers not
authorized by the manufacturer must inform customers in writing about their non -
authorized status before performing repairs on an electronic or appliance product.
Additionally, if non-manufacturer replacement parts are used, this fact must be
disclosed to the customer.
• Civil Penalties: The bill would allow cities, counties, or the state to bring legal action
to impose civil penalties on individuals or entities found in violation of the Right to
Repair Act.
CONCLUSION:
Given the potential impacts of SB 244 on consumer rights, repair industries, and local
jurisdictions, Staff therefore recommends the City Council authorize the Mayor to sign a
letter of support , as drafted, or with revisions.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
2
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275 -5391 / (310) 544-5207 / FAX (310) 544 -5291 / WWW.RPVCA.GOV
September 5, 2023 Via Email
The Honorable Susan Talamantes Eggman
California State Senate
1021 O Street, Ste. 8530
Sacramento, CA 95814
SUBJECT: Notice of Support for Senate Bill 244 (Right to Repair Act )
Dear Senator Eggman,
On behalf of the City of Rancho Palos Verdes, I write to express our support for Senate
Bill 244, the Right to Repair Act. We commend your efforts in championing this legislation,
which aims to enhance, protect consumer rights, and promote transparency in the
electronics and appliance repair industry.
In today's rapidly advancing technological landscape, access to repair information and
tools for electronic and appliance products is of paramount importance to consumers.
Through repair, consumers are extending the life of valuable products and reducing waste
while promoting sustainable practices. SB 244 aligns with our City's commitment to
fostering equitable and sustainable practices that benefit our residents and the
community. By establishing fair and reasonable repair options, this legislation ensures
that Californians can make informed choices when it comes to maintaining and repairing
their electronic devices and appliances.
We acknowledge the significant support that SB 244 has garnered, including the
endorsement from Apple, Inc. This level of backing underscores the importance of striking
a balance between consumer convenience, safety, and environmental considerations.
The Right to Repair Act not only empowers individuals to exercise greater control over
their purchases but also aligns with our City's values of responsible resource
management and waste reduction.
We urge the Committee to carefully consider the positive impact SB 244 can have on all
residents and communities across the state. As local leaders, we believe that this
legislation will contribute to a more sustainable and equitable future, benefiting both
consumers and the environment.
A-1
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275 -5391 / (310) 544-5207 / FAX (310) 544 -5291 / WWW.RPVCA.GOV
Thank you for your dedication to advancing policies that promote sustainability.
Sincerely,
Barbara Ferraro
Mayor
cc: Ben Allen, Senator, 24th State Senate District
Al Muratsuchi, Assemblymember, 66th Assembly District
Jeff Kiernan, Cal Cities
Sharon Gonsalves, RPPG
Rancho Palos Verdes City Council and City Manager
A-2
AMENDED IN ASSEMBLY JUNE 29, 2023
AMENDED IN ASSEMBLY JUNE 21, 2023
AMENDED IN ASSEMBLY JUNE 15, 2023
AMENDED IN SENATE MAY 18, 2023
AMENDED IN SENATE APRIL 13, 2023
AMENDED IN SENATE MARCH 27, 2023
SENATE BILL No. 244
Introduced by Senator Eggman
(Coauthors: Senators Dodd and Skinner)
(Coauthors: Assembly Members Haney, Bennett, and Wicks Wicks,
Kalra, and Lowenthal)
January 25, 2023
An act to amend and renumber the heading of Chapter 8.6
(commencing with Section 42490) of, and to add Chapter 8.6
(commencing with Section 42488) to, Part 3 of Division 30 of, the
Public Resources Code, relating to solid waste management.
legislative counsel’s digest
SB 244, as amended, Eggman. Right to Repair Act.
Existing law, the Song-Beverly Consumer Warranty Act, provides a
comprehensive set of procedures for the enforcement of express and
implied warranties on consumer goods, as defined. Under existing law,
every manufacturer making an express warranty with respect to an
electronic or appliance product, including televisions, radios, audio or
video recording equipment, major home appliances, antennas, and
rotators, with a wholesale price to the retailer of not less than $50 nor
Revised 7-6-23—See last page.93 B-1
more than $99.99 is required to make available to service and repair
facilities sufficient service literature and functional parts to effect the
repair of the product for at least 3 years after the date a product model
or type was manufactured, regardless of whether the 3-year period
exceeds the warranty period for the product. Existing law also requires
every manufacturer making an express warranty with respect to an
electronic or appliance product, as described above, with a wholesale
price to the retailer of $100 or more, to make available to service and
repair facilities sufficient service literature and functional parts to effect
the repair of the product for at least 7 years after the date a product
model or type was manufactured, regardless of whether the 7-year
period exceeds the warranty period for the product.
This bill would enact the Right to Repair Act. The bill would require,
except as specified and regardless of whether any express warranty is
made, the manufacturer of an above-described electronic or appliance
product, in the above-described circumstances, and in those same
circumstances but sold to others outside of direct retail sales, to make
available, on fair and reasonable terms, to product owners, service and
repair facilities, and service dealers, the means, as described, to effect
the diagnosis, maintenance, or repair of the product, as provided. The
bill would also require a service and repair facility or service dealer
that is not an authorized repair provider, as defined, of a manufacturer
to provide a written notice of that fact to any customer seeking repair
of an electronic or appliance product before the repair facility or service
dealer repairs the product, and to disclose if it uses replacement parts
that are used or from a supplier that is not the manufacturer. The bill
would also authorize a city, a county, a city and county, or the state to
bring an action in superior court to impose civil penalties on a person
or entity for violating the Right to Repair Act, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 8.6 (commencing with Section 42488)
line 2 is added to Part 3 of Division 30 of the Public Resources Code, to
line 3 read:
93
— 2 — SB 244 B-2
line 1 Chapter 8.6. Right to Repair Act
line 2
line 3 42488. This chapter shall be known, and may be cited, as the
line 4 Right to Repair Act.
line 5 42488.1. It is the intent of the Legislature to provide a fair
line 6 marketplace for the repair of electronic and appliance products
line 7 and to prohibit intentional barriers and limitations to third-party
line 8 repair.
line 9 42488.2. (a) Notwithstanding any other law, every
line 10 manufacturer of an electronic or appliance product with a wholesale
line 11 price to the retailer, or to others outside of direct retail sale, of not
line 12 less than fifty dollars ($50) and not more than ninety-nine dollars
line 13 and ninety-nine cents ($99.99), shall make available to owners of
line 14 the product, service and repair facilities, and service dealers,
line 15 sufficient documentation and functional parts and tools, inclusive
line 16 of any updates, on fair and reasonable terms, to effect the diagnosis,
line 17 maintenance, or repair of a product for at least three years after
line 18 the last date a product model or type was manufactured, regardless
line 19 of whether the three-year period exceeds the warranty period for
line 20 the product.
line 21 (b) Notwithstanding any other law, every manufacturer of an
line 22 electronic or appliance product with a wholesale price to the
line 23 retailer, or to others outside of direct retail sale, of one hundred
line 24 dollars ($100) or more, shall make available to owners of the
line 25 product, service and repair facilities, and service dealers sufficient
line 26 documentation and functional parts and tools, inclusive of any
line 27 updates, on fair and reasonable terms, to effect the diagnosis,
line 28 maintenance, or repair of a product for at least seven years after
line 29 the last date a product model or type was manufactured, regardless
line 30 of whether the seven-year period exceeds the warranty period for
line 31 the product.
line 32 (c) Except as necessary to comply with this section, this section
line 33 does not require a manufacturer to divulge a trade secret or license
line 34 any intellectual property, including copyrights or patents.
line 35 (d) This section does not require the distribution of a product’s
line 36 source code.
line 37 (e) A service and repair facility or service dealer that is not an
line 38 authorized repair provider of a manufacturer shall provide a written
line 39 notice to any customer seeking repair of an electronic or appliance
line 40 product before the repair facility or service dealer repairs the
93
SB 244 — 3 — B-3
line 1 product that informs the customer that it is not an authorized repair
line 2 provider for the product, and shall disclose if it uses any used
line 3 replacement parts or replacement parts provided by a supplier other
line 4 than the manufacturer of the product.
line 5 (f) Nothing in this section shall be construed to require a
line 6 manufacturer to make available special documentation, tools, and
line 7 parts that would disable or override antitheft security measures set
line 8 by the owner of the product without the owner’s authorization.
line 9 (g) Nothing in this section shall be construed to require a
line 10 manufacturer to sell service parts if the service parts are no longer
line 11 provided by the manufacturer or made available to an authorized
line 12 repair provider.
line 13 (h) (1) No manufacturer or authorized repair provider shall
line 14 be liable for any damage or injury caused to any electronic or
line 15 appliance product, person, or property that occurs as a result of
line 16 repair, diagnosis, maintenance, or modification performed by a
line 17 service dealer or owner, including, but not limited to, any of the
line 18 following:
line 19 (A) Any indirect, incidental, special, or consequential damages.
line 20 (B) Any loss of data, privacy, or profits.
line 21 (C) Any inability to use, or reduced functionality of, the
line 22 electronic product or appliance.
line 23 (2) Paragraph (1) does not apply to a design defect or
line 24 manufacturing flaw that existed prior to, or independent of, the
line 25 repair, diagnosis, maintenance, or modification performed
line 26 pursuant to this section.
line 27 (h)
line 28 (i) For purposes of this section, the following definitions apply:
line 29 (1) “Authorized repair provider” means an individual or business
line 30 that is unaffiliated with a manufacturer and that has an arrangement
line 31 with the manufacturer, for a definite or indefinite period, under
line 32 which the manufacturer grants to the individual or business a
line 33 license to use a trade name, service mark, or other proprietary
line 34 identifier to offer diagnostic, maintenance, or repair services for
line 35 electronic or appliance products under the name of the
line 36 manufacturer or an arrangement with the manufacturer to offer
line 37 diagnostic, maintenance, or repair services for electronic or
line 38 appliance products on behalf of the manufacturer. A manufacturer
line 39 that offers diagnostic, maintenance, or repair services for the
line 40 manufacturer’s electronic or appliance products is considered an
93
— 4 — SB 244 B-4
line 1 authorized repair provider with respect to the electronic or
line 2 appliance products if the manufacturer does not have an
line 3 arrangement described in this paragraph with an unaffiliated
line 4 individual or business.
line 5 (2) “Documentation” means any electronic or appliance product
line 6 manual, diagram, reporting output, service code description,
line 7 schematic, or similar information that is provided by a
line 8 manufacturer to an authorized repair provider, or that is for use by
line 9 the manufacturer if the manufacturer does not have any authorized
line 10 repair providers, for purposes of effecting the services of diagnosis,
line 11 maintenance, or repair of the electronic or appliance product.
line 12 (3) (A) “Electronic or appliance product” or “product” means
line 13 a product, manufactured for the first time time, and first sold or
line 14 used in California California, on or after July 1, 2021, described
line 15 in subdivision (h), (i), (j), or (k) of Section 9801 of the Business
line 16 and Professions Code for which the manufacturer makes available
line 17 tools, parts, and documentation to authorized repair providers, and
line 18 includes products described in those subdivisions that are sold to
line 19 schools, businesses, local governments, or in other methods outside
line 20 of direct retail sale.
line 21 (B) “Electronic or appliance product” or “product” does not
line 22 include any of the following:
line 23 (i) Equipment or repair parts as defined in Chapter 28
line 24 (commencing with Section 22900) of Division 8 of the Business
line 25 and Professions Code.
line 26 (ii) A product or component of an “alarm system” as defined
line 27 in subdivision (c) of Section 7590.1 of the Business and Professions
line 28 Code. Code, including a fire protection system, as defined in the
line 29 California Fire Code.
line 30 (iii) A video game console.
line 31 (4) (A) “Fair and reasonable terms” means at costs and terms
line 32 that are equivalent to the most favorable costs and terms under
line 33 which the manufacturer offers the part, tool, or documentation to
line 34 an authorized repair provider, accounting for any discount, rebate,
line 35 convenient and timely means of delivery, means of enabling fully
line 36 restored and updated functionality, rights of use, or other incentive
line 37 or preference the manufacturer offers to an authorized repair
line 38 provider.
line 39 (B) For documentation, including any relevant updates, “fair
line 40 and reasonable terms” also means at no charge, except that, when
93
SB 244 — 5 — B-5
line 1 the documentation is requested in physical printed form, a charge
line 2 may be included for the reasonable actual costs of preparing and
line 3 sending the copy.
line 4 (C) “Fair and reasonable” also means tools shall be made
line 5 available by the manufacturer at no charge and without imposing
line 6 impediments to access or use of the tools to diagnose, maintain,
line 7 or repair and enable full functionality of the product, or in a manner
line 8 that impairs the efficient and cost-effective performance of any
line 9 such diagnosis, maintenance, or repair, except that, when a tool is
line 10 requested in physical form, a charge may be included for the
line 11 reasonable, actual costs of preparing and sending the tool.
line 12 (D) If a manufacturer does not use an authorized repair provider,
line 13 “fair and reasonable terms” means at a price that reflects the actual
line 14 cost to the manufacturer to prepare and deliver the part, tool, or
line 15 documentation, exclusive of any research and development costs
line 16 incurred.
line 17 (5) “Part” means any replacement part or assembly of parts,
line 18 either new or used, made available by a manufacturer of an
line 19 electronic or appliance product to an authorized repair provider to
line 20 facilitate the maintenance or repair of a product sold by the
line 21 manufacturer.
line 22 (6) “Service dealer” has the same meaning as defined in Section
line 23 9801 of the Business and Professions Code.
line 24 (7) “Tool” means any software program, hardware implement,
line 25 or other apparatus made available by a manufacturer of an
line 26 electronic or appliance product to an authorized repair provider
line 27 for the diagnosis, maintenance, or repair of the product, including
line 28 software or other mechanisms that provision, program, pair a part,
line 29 provide or calibrate functionality, or perform any other function
line 30 required to repair the product or part back to fully functional
line 31 condition, including any updates.
line 32 (8) “Trade secret” has the same meaning as set forth in
line 33 subdivision (d) of Section 3426.1 of the Civil Code, or paragraph
line 34 (9) of subdivision (a) of Section 499c of the Penal Code.
line 35 (9) “Video game console” means a computing device, including
line 36 its components and peripherals, that is primarily used by consumers
line 37 for playing video games, such as a console machine, a handheld
line 38 console device, or another device or system. “Video game console”
line 39 does not include a general or an all-purpose computer, which
93
— 6 — SB 244 B-6
line 1 includes, but is not limited to, a desktop computer, laptop, tablet,
line 2 or cell phone.
line 3 42488.3. (a) A city, a county, a city and county, or the state
line 4 may bring an action in superior court to impose civil liability on
line 5 a person or entity that knowingly violated this chapter, or
line 6 reasonably should have known that it violated this chapter, in the
line 7 amount of one thousand dollars ($1,000) per day for the first
line 8 violation of this chapter, two thousand dollars ($2,000) per day
line 9 for the second violation, and five thousand dollars ($5,000) per
line 10 day for the third and subsequent violations.
line 11 (b) Any civil penalties collected pursuant to subdivision (a)
line 12 shall be paid to the office of the city attorney, county counsel,
line 13 district attorney, or Attorney General, whichever office brought
line 14 the action. The penalties collected pursuant to this section by the
line 15 Attorney General may be expended by the Attorney General, upon
line 16 appropriation by the Legislature, to enforce this chapter. shall be
line 17 deposited into the Public Rights Law Enforcement Special Fund.
line 18 SEC. 2. The heading of Chapter 8.6 (commencing with Section
line 19 42490) of Part 3 of Division 30 of the Public Resources Code is
line 20 amended and renumbered to read:
line 21
line 22 Chapter 8.7. Cell Phone Recycling Act of 2004
line 23
line 24
line 25 REVISIONS:
line 26 Heading—Line 3.
line 27
O
93
SB 244 — 7 — B-7
SB 244
Page 1
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SB 244 (Eggman) – As Amended June 29, 2023
Policy Committee: Privacy and Consumer Protection Vote: 7 - 0
Judiciary 8 - 0
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill creates a right to repair for certain consumer appliances and electronic products,
allowing owners and independent repair providers to obtain from a qualifying product’s
manufacturer, on fair and reasonable terms, the documentation, parts, software, and tools needed
to repair the product.
The bill authorizes a city, a county, a city and county, or the state to bring an action in superior
court to impose civil penalties on a person or entity that knew or reasonably should have known
they violated this bill’s provisions.
FISCAL EFFECT:
1) Costs (Public Rights Law Enforcement Special Fund) to the Department of Justice (DOJ) in
the hundreds of thousands of dollars annually to bring actions authorized by the bill. DOJ
reports that its Consumer Protection Section will need an additional attorney, a legal
secretary, and funding for expert consultants, for costs of $241,000 in fiscal year 2023-24
and $409,000 in fiscal year 2024-25 and ongoing.
2) Costs (Trial Court Trust Fund, General Fund) of an unknown but potentially significant
amount to the courts to adjudicate civil actions brought under this bill. This bill allows
public prosecutors to file a civil lawsuit to enforce the right to repair created by the bill.
Actual costs will depend on the number of violations, the number of cases filed, and the
amount of court time needed to resolve each case. It costs approximately $1,000 to operate a
courtroom for one hour. Although courts are not funded on the basis of workload, increased
pressure on the Trial Court Trust Fund may create a need for increased funding for courts
from the General Fund. The 2023-24 budget includes $105 million from the General Fund to
backfill declining revenue to the Trial Court Trust Fund.
COMMENTS:
1) Purpose. According to the author:
SB 244 would make it easier and cheaper to get our consumer
electronics and appliances fixed. Manufacturers currently have broad
authority to restrict who can access repair information, replacement
parts, and the specialized tools that they design devices and products to
require. This is authority that we know they are using despite little
C-1
SB 244
Page 2
evidence of the harms they claim to protect against, according to a
report to Congress by the Federal Trade Commission. Restrictions on
repair have direct costs to consumers when they have to pay exorbitant
prices to have devices repaired through manufacturer-authorized
networks or replace the product entirely. These restrictions also ripple
out into the economy, hurting local, regulated repair shops,
contributing to our growing e-waste crisis, and stifling the practicality
of product owners to resell their property if they choose to do so.
Electronic devices have become an essential part of our lives, and we
need access to more choices when it comes to the inevitable repairs
that will be needed. Providing independent repair shops and product
owners with the correct information and parts to make repairs
efficiently will stimulate jobs within the communities where repairs
are needed, reduce the need to replace products with simple fixes, and
save money for consumers.
2) Background. Many products have become more difficult for consumers to repair,
particularly products that require special tools, scarce parts, or proprietary diagnostic
software or instructional information to fix. When these products break, consumers have
very few options for obtaining repairs and must often turn to manufacturers or a limited
number of certified repair providers who are authorized by the manufacturers. As a result,
consumers are at the mercy of manufacturers and face lengthy waits and expensive repairs, or
are forced to purchase new products because they cannot repair their existing goods. In
response to this issue, there is a growing “right to repair” movement, which seeks to provide
consumers the legal right to access timely, affordable repairs for products like household
appliances, cars, agricultural equipment, cellphones, and other consumer electronics.
This bill creates a right to repair for specified consumer electronics and appliances. Under
the bill, the manufacturer of a qualifying product must provide, on “fair and reasonable
terms,” the product’s owner or an independent repair shop with sufficient documentation,
tools, and parts needed to repair the product. The duration of the manufacturer’s obligation
depends on the price of the product; for products that cost more than $100, the manufacturer
must make documentation, parts, and tools available for seven years, with shorter time
periods for cheaper products.
The right to repair applies to specified electronics and appliances that are normally used or
sold for personal, family, household, or home office use, including products sold outside of
direct retail sale, including televisions, computers, cellphones, tablets, microwaves,
refrigerators, washers, dryers, and dishwashers. Alarm systems, video game consoles, and
heavy machinery are expressly exempt from the right to repair. The bill covers products with
a wholesale price of at least $50 that have been first sold or used in California on or after July
1, 2021, including products sold outside of direct retail sale. The bill authorizes a city,
county, city and county, and the state to bring litigation to enforce a violation of the right to
repair and specifies available civil penalties.
3) Related Legislation. SB 271 (Dodd) creates a right to repair for powered wheelchairs,
which is enforceable by specified public prosecutors and a private right of action. SB 271 is
pending in this committee.
C-2
SB 244
Page 3
4) Prior Legislation. SB 983 (Eggman), of the 2021-2022 session, would have created a right
to repair for specified appliances and electronic products similar to the right created by this
bill. SB 983 was held on the Senate Appropriations Committee’s suspense file.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
C-3