Newsom Signs California Right to Repair Act Into Law

On October 10, 2023, California Governor Gavin Newsom signed the state's Right to Repair Act (the "Act") into law. While California is not the first state to enact a "right to repair" law (New York and Minnesota also enacted legislation in the last year), the Act is significant because it covers a significantly broader scope of products than similar state laws already on the books.

The California law, which builds on the already existing Song-Beverly Consumer Warranty Act, applies to electronics and appliances that are first manufactured and sold or used in California on or after July 1, 2021, effective July 1, 2024.

Overview of the Law

Manufacturers must make available to covered product owners, service and repair facilities, and service dealers sufficient documentation and functional parts and tools on "fair and reasonable" terms for diagnosis, maintenance, and repair of electronics and appliance products. For products with a wholesale price between $50 and $99.99, this requirement is applicable for at least three years after the last date the product was manufactured; and for products with a wholesale price of $100 or more, for at least seven years after the last date of manufacture, in each case regardless of whether such period exceeds the product's warranty period.

California's law also includes a notice requirement for independent service and repair facilities and service dealers. Any service or repair facility or service dealer that is not an authorized repair provider of a manufacturer must provide written notice to customers before any repair, informing the consumer of any used or non-OEM parts to be used, and the fact that it is not an authorized repair provider.

Comparisons to New York and Minnesota Laws

The Act is broader than its current counterparts passed in other states: it explicitly covers appliances (including major appliances such as refrigerators, dishwashers, and stoves) and is not specific to digital electronics products.

However, there are exceptions to the Act's requirements: it does not, for example, apply to agricultural, construction, utility, industrial, mining, outdoor power, forestry, and lawn and garden equipment; or to repair parts, products, or components of alarm systems; and video game consoles. And, as in other state right-to-repair laws, the Act contains a limitation on requiring manufacturers to reveal trade secrets or license any intellectual property, and on providing special documentation, tools, and parts that would disable or override antitheft security measures set by the owner of the product without the owner's authorization.

Manufacturers also receive a benefit in the form of protection from liability for damage and injury caused as a result of a repair performed by an independent repair provider or owner, as with both the New York and Minnesota state laws. In addition, a manufacturer may alternatively comply with the Act by providing an equivalent or better, readily available replacement product at no charge to the customer.

Enforcement and Next Steps

Enforcement power is given to any city or county, or the state, and the Act provides for fines in the amount of $1,000 per day for the first violation of the act, $2,000 per day for the second violation, and $5,000 per day for the third and subsequent violations.

This law solidifies and expands the scope of the growing trend of state right-to-repair laws. Appliance manufacturers, as well as electronics manufacturers, should review their product repair manuals for updates and begin planning for making parts, tools, and documentation more widely available to owners and to independent service and repair facilities.

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Please contact the DWT technology practice group for additional guidance on right-to-repair laws or other upcoming legislation.