Apple Reverses Course On SB 244 Right To Repair Bill

A bill to require companies provide consumers with the necessary materials to repair products that were purchased from a manufacturer received major backing from tech companies this weeks, with long-time “right-to-repair” opponent Apple now formally in favor of the legislation.

Senate Bill 244, authored by Senator Susan Talamantes Eggman (D-Stockton), would require, except in certain situations with express warranties, manufacturers to make available the means to effect the diagnosis, maintenance, or repair of products they make. Under SB 244, also known as the Right to Repair Act, it would also be required for the companies to make available to owners of the product, service and repair facilities, and service dealers any documentation, tools, software, and parts needed to disable and reset any electronic security lock or other security-related function.

While the bill does allow for the right to repair, any trade secrets would be protected under the bill, and for any tech company, any source code for the product would not need to be distributed. Fines for violating SB 244 would also be high, with first violations coming to $1,000 a day for companies, second violations racking up $2,000 a day, and $5,000 a day for violations after that.

Since 2018, Senator Eggman has attempted to pass different variations of her Right To Repair Act. However, opposition from companies who don’t want to lose control of their products fought back hard each year. Even as recently as last year, right to repair bills were routinely killed in Committee votes.

While the right to repair movement has been ongoing in the U.S. for decades in various industries, legislation has been slow to pass. The first successful right to repair act law was passed in Massachusetts in 2012 over the automotive right to repair. Electronic right to repair was first passed in a state in 2014. Consumer electronics didn’t have a successful bill until last year in New York, and farming equipment didn’t have a successful state-level bill until earlier this year.

With right to repair laws slowly being passed, companies have had to change their stances and prepare for new right to repair bills coming into law to protect their products. With New York, Minnesota, and other states now with laws on the books for repairing consumer electronics, companies have thus softened their stances, with many switching from only allowing repairs to take place at designated locations to allowing “self-service at-home” repairs. Many, including Apple, have even maintained some control by renting the repair tools necessary themselves.

The shifting lines of thought, as well as Eggman adding enough tweaks to her longstanding bill, finally brought the change in support needed for her right to repair bill. While last year it did not even get past one committee, SB 244 gained support from both parties in the Senate this session, passing 38-0 in a Senate vote in May. While some remained opposed in the Assembly and chose to simply not vote, the bill nevertheless moved on and is now expected to go before a full Assembly vote later this month, with the bill expected now to make it to the Governor’s desk in September.

Apple shifts position on right to repair

With Apple now more prepared, and facing the fact that SB 244 is likely to become law soon, the company announced a drastic shift in policy this week, coming out in favor of right to repair.

“Apple supports California’s Right to Repair Act so all Californians have even greater access to repairs while also protecting their safety, security, and privacy,” said Apple in a statement. “We create our products to last and, if they ever need to be repaired, Apple customers have a growing range of safe, high-quality repair options.”

Senator Eggman praised Apple’s decision on Wednesday, saying in a press release that “Apple’s support for California’s Right to Repair Act demonstrates the power of the movement that has been building for years and the ability for industries to partner with us to make good policy to benefit the people of California. I’m grateful for their engagement on this issue and for leading among their peers when it comes to supporting access to repair.”

I've been working on the #RightToRepair in California for the past six years and I'm so appreciative that @Apple has stepped up to support this important consumer and environmental protection policy. This is an historic day for the movement! https://t.co/F1L4Sj4iXj

— Senator Susan Eggman (@SenSusanEggman) August 23, 2023

Tech experts told the Globe on Thursday that tech companies, as well as companies in other industries, have seen the writing on the wall for some time, and that they would still likely have some sort of control when it comes to repairing products in California.

“It’s not just Apple, but a lot of other companies have been figuring out ways to work around right to repair,” said Martin Gamal, a smart phone repair specialist in the Bay Area. “So, yes, they have  to allow repairs and must give everything needed to make them, but they can own everything around that. The software, the special tools, you name it. And they can rent those out and do whatever with. These companies would still be fighting tooth and nail against right to repair if they hadn’t found a solution around it. They’ve had years to figure it out.”

SB 244 is expected to come to an Assembly vote soon.