Assembly Bill A3058A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3058
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced by M. of A. R. CARROLL, GALLAGHER, LEVENBERG, HYNDMAN -- read
   once and referred to the Committee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to promoting
   consumer choice  by  requiring  manufacturers  of  digital  electronic
   equipment  to  provide  retail  sellers  with a one through ten repair
   score that will be displayed to consumers at point of sale
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as "The Electron-
 ics Repair Scores Act".
   § 2. Subdivision 1 of section 399-nn of the general  business  law  is
 amended by adding two new paragraphs (s) and (t) to read as follows:
   (S) "REPAIR SCORE" OR "SCORE" MEANS A ONE THROUGH TEN SCORE CALCULATED
 BY  THE  MANUFACTURER  BASED ON THE REPAIR SCORING CRITERIA DEVELOPED BY
 THE ATTORNEY GENERAL.
   (T) "DETAILED SCORE" MEANS THE INFORMATION REGARDING  THE  CALCULATION
 AND  MEANING  OF  THE  REPAIR  SCORE  AS DEFINED BY THE SCORING CRITERIA
 DEVELOPED BY THE ATTORNEY GENERAL.
   § 3. Subdivision 2 of section 399-nn of the general business  law,  as
 amended  by  chapter  48  of  the  laws  of  2023, is amended to read as
 follows:
   2. Requirements. (A) An original  equipment  manufacturer  shall  make
 available  to any independent repair provider and owner of digital elec-
 tronic equipment manufactured by  or  on  behalf  of  or  sold  by  such
 original  equipment  manufacturer,  on  fair  and  reasonable terms, any
 documentation, parts, and tools required for the diagnosis, maintenance,
 or repair of such digital electronic equipment and parts that are  manu-
 factured  for  the  first time, and first sold or used in New York on or
 after July first, two thousand twenty-three. Such documentation,  parts,
 and  tools shall be made available either directly by an original equip-
 ment manufacturer or via an  authorized  repair  provider.  An  original
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01447-01-5
              

 A. 3058                             2
 
 equipment manufacturer who, in the regular course of business, offers to
 an  owner  the  services  of diagnosis, maintenance or repair of its own
 digital electronic equipment, and  who  does  not  have  an  arrangement
 described  in  paragraph  (a) of subdivision one of this section with an
 unaffiliated individual or business, shall be considered  an  authorized
 repair provider with respect to such equipment.
   (B)  (I) FOR DIGITAL ELECTRONIC EQUIPMENT THAT IS SOLD OR USED IN THIS
 STATE, AN ORIGINAL EQUIPMENT MANUFACTURER SHALL MAKE  AVAILABLE  TO  ANY
 RETAIL  SELLERS  AND  THE ATTORNEY GENERAL THE REPAIR SCORE AND DETAILED
 SCORE FOR SUCH DIGITAL ELECTRONIC EQUIPMENT, INCLUSIVE OF ANY UPDATES TO
 INFORMATION.
   (II) WHEN DISPLAYED BY RETAILERS AND MANUFACTURERS NEAR PRICING INFOR-
 MATION, THE SCORE SHALL INCLUDE THE LOGO REPRESENTATION OF THE SCORE  AS
 DEVELOPED BY THE ATTORNEY GENERAL.
   (III)  A  RETAIL  SELLER  THAT RECEIVES NOTIFICATION FROM THE ORIGINAL
 EQUIPMENT MANUFACTURER OR THE ATTORNEY GENERAL REGARDING  THE  PRODUCT'S
 REPAIR  SCORE  SHALL  ENSURE  THAT, WITHIN NINETY DAYS OF RECEIPT OF THE
 NOTIFICATION:
   (A) PROMINENTLY DISPLAY REPAIR SCORES ON THE PRODUCT OR NEAR THE PRIC-
 ING INFORMATION FOR THE PRODUCT FOR SUCH  DIGITAL  ELECTRONIC  EQUIPMENT
 WITHIN ALL RETAIL LOCATIONS LOCATED WITHIN THE STATE AND INTERNET RETAIL
 WEBSITES.
   (B)  MAKE THE DETAILED SCORE AVAILABLE TO A POTENTIAL PURCHASER OF THE
 PRODUCT ON THE RETAIL SELLER'S WEBSITE NEAR PRICING INFORMATION.
   (IV) ORIGINAL EQUIPMENT MANUFACTURERS  SHALL  CLEARLY  DISPLAY  REPAIR
 SCORES FOR SUCH PRODUCTS ON THEIR WEBSITE PRODUCT LISTING PAGES, AS WELL
 AS  MAKE  PUBLICLY AVAILABLE DETAILED SCORES TO ALL POTENTIAL PURCHASERS
 ON EACH PRODUCT LISTING PAGE.
   (V) SCORING CRITERIA WILL BE DETERMINED BY THE ATTORNEY GENERAL, WHICH
 SHALL PERIODICALLY UPDATE SUCH CRITERIA, AND A  LOGO  REPRESENTATION  OF
 SCORES.  SCORING CRITERIA SHALL INCLUDE, BUT IS NOT LIMITED TO: THE FREE
 AND PUBLIC AVAILABILITY OF TECHNICAL DOCUMENTS  REGARDING  THE  PRODUCT;
 EASE  OF DISASSEMBLY OF THE PRODUCT; AVAILABILITY OF SPARE PARTS FOR THE
 PRODUCT; THE PRICE OF SPARE PARTS FOR THE PRODUCT;  LENGTH  OF  SOFTWARE
 SUPPORT  BY THE MANUFACTURER OF THE PRODUCT; AND OTHER CRITERIA SPECIFIC
 TO THE CATEGORY OF THE PRODUCT AS DETERMINED BY THE ATTORNEY GENERAL.
   § 4. This act shall take effect one year after it shall have become  a
 law.