Gov. Newsom Signs Right To Repair Bill Into Law

A bill to require companies to provide consumers with the necessary materials to repair products that were purchased from a manufacturer was signed into law by Governor Gavin Newsom earlier this week, capping off a nearly six-year legislative battle to pass similar “right to repair” legislation.

Senate Bill 244, authored by Senator Susan Talamantes Eggman (D-Stockton), will 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, the Right to Repair Act, it will 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, trade secrets will be protected under the bill, and for any tech company, any source code for the product will not need to be distributed. Fines for violating SB 244 will 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 Legislative Committees. Dozens of other states have attempted to pass similar legislation since the early 2010’s, with only Massachusetts, Minnesota, and New York being successful.

At the beginning of the year, SB 244 appeared to be shelved again, as in years past. However, many tech companies, pressured by the rising number of right to repair bills nationwide, started supporting the bill after wording ensured that companies would have some control in the matter, and would allow them to protect technology while also making money. Republican lawmakers, who largely opposed past bills because of right to repair being seen as damaging to businesses, and many Democratic lawmakers, who wished to protect tech companies in and around Silicon Valley, reversed course almost overnight.

A Senate vote in May saw SB 244 passed 38-0. And after long-time holdout Apple switched to supporting the bill in August, the Assembly followed the next month with a 65-1 vote in favor of the bill. With the bill going to the Governor, many industry insiders said that that it was all but certain Newsom would ultimately sign by the October 14th deadline. This proved to be true earlier this week following Newsom’s signing of SB 244.

Newsom signs SB 244 into law

In a statement, Senator Eggman said, “I’m thrilled that the Governor has signed the Right to Repair Act into law. As I’ve said all along, I’m so grateful to the advocates fueling this movement with us for the past six years, and the manufacturers that have come along to support Californians’ Right to Repair. This is a common sense bill that will help small repair shops, give choice to consumers, and protect the environment.”

Eggman also added in a tweet on Tuesday: “I often hear folks ask when they hear “right to repair,” “Don’t we already have the ability to fix our stuff?” And the answer is that it really depends!”

This afternoon the California Right to Repair Act (#SB244) was signed into law. I often hear folks ask when they hear "right to repair," "don't we already have the ability to fix our stuff?" And the answer is that it really depends! https://t.co/WjNWdvd4tL

— Senator Susan Eggman (@SenSusanEggman) October 10, 2023

Jenn Engstrom, the president of the California Public Interest Research Group (CALPIRG) also released a statement following the signing, saying that  “This is a victory for consumers and the planet, and it just makes sense. Right now, we mine the planet’s precious minerals, use them to make amazing phones and other electronics, ship these products across the world, and then toss them away after just a few years’ use. What a waste. We should make stuff that lasts and be able to fix our stuff when it breaks, and now thanks to years of advocacy, Californians will finally be able to, with the Right to Repair.”

Tech experts told the Globe on Thursday that the bill would also likely have nationwide repercussions, with California’s now-law likely to reinvigorate right to repair laws in other states.

“To be clear, California was not the first state,” said Tony Park, a tech executive who has advised on right to repair bills in other states. “Several others had right to repair for at least one sector before. But California’s covers a lot. And this was only signed a few days ago, and we are already seeing it help out efforts in other states.”

“The big one has been in the farming community, as some farming equipment manufacturers have long refused to allow self repair on high tech machines. I’ve heard back from a few state representatives in the plains, and they said the California bill, SB 244, just became a vital precedent, especially with Apple approving it. They may not trust California on everything they do in the Midwest, believe me, but this is one they really like. Well, at least when it comes to helping out with farm equipment right to repair bills.”

“As big as this is for people in California, the state is pulling their “So goes California, So goes the nation” card for other states with similar legislation coming up. Tech companies are in California and allowed it to go. It will be really hard to justify not passing similar laws in other states now.”

As of Thursday, Governor Newsom has yet to give his reasons for signing SB 244 into law, with his office only releasing a standard signed bills release on Tuesday.