Pennsylvania HB 1512: An Act requiring manufacturers of digital electronic equipment to make available to owners and independent repair providers, on fair and reasonable terms, documentation, parts and tools used to diagnose, maintain and repair digital electronic equipment; and imposing a penalty.

Bill Text

PRINTER'S NO. 1768
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1512
Session of
2025
INTRODUCED BY MULLINS, OLSOMMER, BRENNAN, HOHENSTEIN, OTTEN,
RABB, WAXMAN, T. DAVIS, PIELLI, VITALI, SANCHEZ, MERSKI,
VENKAT, GUZMAN, HILL-EVANS, FRANKEL, SHUSTERMAN AND MALAGARI,
MAY 28, 2025
REFERRED TO COMMITTEE ON COMMERCE, MAY 29, 2025
AN ACT
Requiring manufacturers of digital electronic equipment to make
available to owners and independent repair providers, on fair
and reasonable terms, documentation, parts and tools used to
diagnose, maintain and repair digital electronic equipment;
and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Right-to-
Repair Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Authorized repair provider." As follows:
(1) An individual or business entity that has an
arrangement with the OEM under which the OEM grants to the
individual or business entity a license to use a trade name,
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service mark or other proprietary identifier for the purposes
of offering the services of diagnosis, maintenance or repair
of equipment under the name of the OEM or other arrangement
with the OEM to offer the services on behalf of the OEM.
(2) An OEM that offers the services of diagnosis,
maintenance or repair of the OEM's own equipment and who does
not have an arrangement described under paragraph (1) with an
unaffiliated individual or business.
"Diagnosis." The process of identifying the issue that
causes digital electronic equipment to not be in full working
order.
"Digital electronic equipment." A product manufactured for
the first time, and first sold or used in this Commonwealth, on
or after July 1, 2021, and that depends for its functioning, in
whole or in part, on digital electronics embedded in or attached
to the product.
"Documentation." A manual, diagram, reporting output,
service code description, schematic diagram or other information
used in effecting the services of diagnosis, maintenance or
repair of equipment.
"Fair and reasonable terms." Terms that make documentation,
tools or parts available as follows:
(1) With respect to documentation, that the
documentation is made available by the OEM at no charge,
except that when the documentation is requested in physical
printed form, a charge may be included for the reasonable,
actual costs of preparing and sending the copy.
(2) With respect to tools, that the tools are made
available by the OEM at no charge and without imposing
impediments to access or use of the tools to diagnose,
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maintain or repair and enable full functionality of a device,
or in a manner that impairs the efficient and cost-effective
performance of the diagnosis, maintenance or repair, except
that, when the tool is requested in physical form, a charge
may be included for the reasonable, actual costs of preparing
and sending the tool.
(3) With respect to parts, that the parts are made
available by the OEM, either directly or through an
authorized repair provider, to independent repair providers
and owners at costs and terms that are equivalent to the most
reasonable costs and terms under which an OEM offers the
parts to an authorized repair provider and which:
(i) Accounts for any:
(A) discount, rebate, convenient and timely
means of delivery, means of enabling fully restored
and updated functionality, rights of use or other
incentive and preference the OEM offers to an
authorized repair provider; or
(B) additional cost, burden or impediment the
OEM imposes on an owner or independent repair
provider.
(ii) Is not conditioned on or imposing a substantial
obligation or restriction that is not reasonably
necessary for enabling the owner or independent repair
provider to engage in the diagnosis, maintenance or
repair of equipment made by or on behalf of the OEM.
(iii) Is not conditioned on an arrangement described
under paragraph (1) of the definition of "authorized
repair provider."
"Independent repair provider." An individual or business
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entity operating in this Commonwealth that is not an authorized
repair provider and that is engaged in the services of
diagnosis, maintenance or repair of equipment.
"Maintenance." An act necessary to keep currently working
digital electronic equipment in full working order.
"Medical device." An instrument, apparatus, implement,
machine, contrivance, implant or other similar or related
article, including a component part or accessory, including a
device as defined under 21 U.S.C. § 321(h) (relating to
definitions; generally), which is inte