Monday, December 11, 2023

Apple Pivots On ‘Right to Repair’ Act: What Does California’s SB 244 Mean for Consumers?

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California tech giant Apple has become the first major tech manufacturer to back SB 244 — the state’s Right to Repair legislation.

Tech behemoth Apple has done an about-face on California’s SB 244 — the bill aimed at expanding the rights of consumers and independent repair shops to fix electronic devices and appliances. The company conveyed its endorsement through a letter to Senator Susan Talamantes Eggman, marking a dramatic shift in its stance on the “right to repair” legislation.

“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,” the company commented in a statement shared with TechCrunch. Apple is the first major manufacturer to openly back the legislation.

This public backing is likely to energize Senator Eggman and her co-author Senator Nancy Skinner in pushing the bill forward. “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,” said Senator Eggman. Apple’s move is noteworthy, given its $3 trillion valuation and roots in California since its launch in the 1970s.

man on phone
Photo courtesy Ilias Chebbi

SB 244 is expansive in scope, encompassing a range of consumer electronics, such as laptops and phones, as well as household appliances like washing machines. Certain exceptions like game consoles and alarm systems have been excluded due to piracy and security concerns. The bill has already secured unanimous support in a Senate vote held in May and is now waiting for assembly appropriation approval before a full assembly vote.

If passed, the legislation could set a precedent for similar efforts across the nation. Already, 14 states have proposed comparable legislation, with New York successfully implementing the Digital Fair Repair Act last year, though it included some concessions to the manufacturing sector.

The legislation dovetails with the existing California Song-Beverly Consumer Warranty Act from 1970, mandating that manufacturers must offer consumers and repair facilities the tools and information needed for repairing products. This applies irrespective of whether the product is under warranty. The legislation also requires unauthorized repair shops to inform consumers if they use parts that aren’t from the original manufacturer.

Apple’s endorsement could be viewed as an extension of its recent efforts to adapt to the increasing public and legislative demand for repairability. Last year, the company initiated a Self Service Repair program that offers rental tools for customers to fix iPhones and Macs at home, which many saw as an anticipatory move against possible legislation.

What is California’s Right to Repair Act?

Spearheaded by Senator Eggman of Stockton, the legislation was unanimously endorsed with a 38-0 vote in May, marking the farthest this type of bill has progressed within the Golden State.

The law aims to broaden the reach of consumers and independent repair shops, allowing them easier access to essential repair materials such as parts, tools, and service guidelines for consumer electronics and household appliances.

“This is a huge victory for anyone who’s ever been faced with limited options when their phone, fridge or other household electronics break down.” California Public Interest Research Group (CALPIRG) State Director Jenn Engstrom said in a statement.

“It’s due time that California fixed its laws so that we can fix our stuff. For the hundreds of advocates and repair businesses and the untold number of consumers supporting Right to Repair, we’re one huge step closer to making that happen.”

working at computer
Photo courtesy Christin Hume

This legislative advancement came after five years of advocacy for the Right to Repair within California. Earlier attempts have been stifled in the Senate Appropriations Committee, largely due to fierce lobbying from various industries and stakeholders, including Apple. However, support for the initiative has ballooned in recent years, partly driven by similar laws gaining traction in states like New York, Colorado, and Minnesota.

Senator Eggman, who initiated the bill, expressed optimism, noting, “Advancing SB 244, the Right to Repair Act, off the Senate floor is an important milestone and a real testament to the energy and activism behind this movement. Enshrining access to repair in California law will help small businesses, consumers, and our environment, and I’m hopeful that we can deliver that this year.”

The legislation doesn’t just benefit consumers; it also has environmental implications. Passage of the act is expected to save California households roughly five billion dollars annually, by opening up a more competitive repair market. It will also contribute to reducing electronic waste, which currently includes 46,000 discarded cell phones and 772,000 tons of toxic e-waste each day and year, respectively.

woman phone
Photo courtesy Keren Levand

Nick Lapis, Director of Advocacy for Californians Against Waste, praised the Senate’s action: “It’s great to see the California Senate stand-up for consumers and the environment over the opposition of some of the state’s largest businesses. Senator Eggman’s persistent advocacy and the dedicated efforts of activists will allow California to finally lead the way on creating a Right to Repair.”

The bill boasts extensive support, including backing from 82 independent repair shops, more than 50 environmental and consumer organizations, as well as 109 local elected officials, among others.

With 28 states already mulling similar legislation this year, California’s initiative could serve as a catalyst for the national Right to Repair movement. Jenn Engstrom summed it up: “There is a growing movement for the Right to Repair spreading across the country, and we’ll keep working to get California to be the next state to act. It’s common sense: the Right to Repair is an idea whose time has come.”

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