Assembly Bill A3058

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3058--A
 
                        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, REYES
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01447-02-5
              

 A. 3058--A                          2
 
 and  tools shall be made available either directly by an original equip-
 ment manufacturer or via an  authorized  repair  provider.  An  original
 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) ORIGINAL EQUIPMENT MANUFACTURERS SHALL PRINT THE REPAIR SCORE AND
 DETAILED SCORE ON PACKAGING OF SUCH DIGITAL  ELECTRONIC  EQUIPMENT,  THE
 SCORE SHALL INCLUDE THE LOGO REPRESENTATION OF THE SCORE AS DEVELOPED BY
 THE ATTORNEY GENERAL.
   (III)  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.
   (IV)  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 PROD-
 UCT; EASE OF DISASSEMBLY OF THE PRODUCT; AVAILABILITY OF SPARE PARTS FOR
 THE PRODUCT; THE PRICE OF SPARE PARTS FOR THE PRODUCT; LENGTH  OF  SOFT-
 WARE  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3058--B
                                                         Cal. No. 101
 
                        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, REYES,
   ROSENTHAL,  SANTABARBARA -- read once and referred to the Committee on
   Consumer Affairs and Protection -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01447-04-5
 A. 3058--B                          2
 
 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
 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) ORIGINAL EQUIPMENT MANUFACTURERS SHALL PRINT THE REPAIR SCORE AND
 DETAILED  SCORE  ON  PACKAGING OF SUCH DIGITAL ELECTRONIC EQUIPMENT, THE
 SCORE SHALL INCLUDE THE LOGO REPRESENTATION OF THE SCORE AS DEVELOPED BY
 THE ATTORNEY GENERAL.
   (III) 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.
   (IV) SCORING CRITERIA WILL BE  DETERMINED  BY  THE  ATTORNEY  GENERAL,
 WHICH SHALL PERIODICALLY UPDATE SUCH CRITERIA, AND A LOGO REPRESENTATION
 OF  SCORES.  SCORING  CRITERIA  SHALL  APPLY  ONLY TO DIGITAL ELECTRONIC
 EQUIPMENT MANUFACTURED FOR THE FIRST TIME, AND FIRST SOLD OR USED IN NEW
 YORK ON OR AFTER ONE YEAR FROM THE EFFECTIVE DATE OF THIS PARAGRAPH, AND
 WHICH ARE ALREADY SUBJECT TO WIDELY ACCEPTED REPAIRABILITY INDEX  STAND-
 ARDS IN OTHER JURISDICTIONS, INCLUDING INTERNATIONAL STANDARDS.  SCORING
 CRITERIA MAY INCLUDE, BUT IS NOT LIMITED TO: THE FREE  AND PUBLIC AVAIL-
 ABILITY  OF  TECHNICAL DOCUMENTS REGARDING REPAIR AND MAINTENANCE OF THE
 PRODUCT; EASE OF DISASSEMBLY OF THE PRODUCT; AVAILABILITY OF  TOOLS  FOR
 REPAIR  AND  MAINTENANCE OF THE PRODUCT; AVAILABILITY OF SPARE PARTS FOR
 THE PRODUCT; LENGTH OF SOFTWARE SUPPORT BY  THE  MANUFACTURER    OF  THE
 PRODUCT;  THE  REPAIR  OPTIONS  AVAILABLE  FOR  THE EQUIPMENT; AND OTHER
 CRITERIA CONSIDERED BY WIDELY ACCEPTED REPAIRABILITY INDEX STANDARDS  IN
 OTHER  JURISDICTIONS.  THE  ATTORNEY  GENERAL SHALL MAKE EVERY EFFORT TO
 INCORPORATE THE STANDARDS FROM EXISTING  REPAIRABILITY  INDEX  STANDARDS
 IMPLEMENTED  IN  THE  U.S.  AND INTERNATIONALLY, TO AVOID DUPLICATIVE OR
 INCONSISTENT REGULATORY STANDARDS, UNLESS THERE ARE  COMPELLING  REASONS
 TO ADOPT NEW OR DIFFERING STANDARDS.
   §  4. This act shall take effect one year after it shall have become a
 law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3058--C
                                                         Cal. No. 101
 
                        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, REYES,
   ROSENTHAL,  SANTABARBARA -- read once and referred to the Committee on
   Consumer Affairs and Protection -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading  --  again  amended  on  third
   reading,  ordered reprinted, retaining its place on the order of third
   reading
 
 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  NUMERICAL,  ALPHANUMERICAL,  OR
 ALPHABETICAL  SCORE  CALCULATED  BY THE MANUFACTURER BASED ON THE REPAIR
 SCORING CRITERIA DEVELOPED BY THE DEPARTMENT OF STATE.
   (T) "DETAILED SCORE" MEANS THE INFORMATION REGARDING  THE  CALCULATION
 AND  MEANING  OF  THE  REPAIR  SCORE  AS DEFINED BY THE SCORING CRITERIA
 DEVELOPED BY THE DEPARTMENT OF STATE.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01447-06-6
 A. 3058--C                          2
 
 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
 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 DEPARTMENT OF STATE THE REPAIR SCORE AND DETAILED
 SCORE FOR SUCH DIGITAL ELECTRONIC EQUIPMENT, INCLUSIVE OF ANY UPDATES TO
 INFORMATION.
   (II) ORIGINAL EQUIPMENT MANUFACTURERS SHALL PRINT THE REPAIR SCORE AND
 DETAILED SCORE ON PACKAGING OF SUCH DIGITAL  ELECTRONIC  EQUIPMENT,  THE
 SCORE SHALL INCLUDE THE LOGO REPRESENTATION OF THE SCORE AS DEVELOPED BY
 THE DEPARTMENT OF STATE.
   (III)  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.
   (IV)  SCORING  CRITERIA WILL BE DETERMINED BY THE DEPARTMENT OF STATE,
 WHICH SHALL PERIODICALLY UPDATE SUCH CRITERIA, AND A LOGO REPRESENTATION
 OF SCORES. SCORING CRITERIA  SHALL  APPLY  ONLY  TO  DIGITAL  ELECTRONIC
 EQUIPMENT MANUFACTURED FOR THE FIRST TIME, AND FIRST SOLD OR USED IN NEW
 YORK ON OR AFTER ONE YEAR FROM THE EFFECTIVE DATE OF THIS PARAGRAPH, AND
 WHICH  ARE ALREADY SUBJECT TO WIDELY ACCEPTED REPAIRABILITY INDEX STAND-
 ARDS IN OTHER JURISDICTIONS, INCLUDING INTERNATIONAL STANDARDS.  SCORING
 CRITERIA MAY INCLUDE, BUT IS NOT LIMITED TO: THE FREE  AND PUBLIC AVAIL-
 ABILITY OF TECHNICAL DOCUMENTS REGARDING REPAIR AND MAINTENANCE  OF  THE
 PRODUCT;  EASE  OF DISASSEMBLY OF THE PRODUCT; AVAILABILITY OF TOOLS FOR
 REPAIR AND MAINTENANCE OF THE PRODUCT; AVAILABILITY OF SPARE  PARTS  FOR
 THE  PRODUCT;  LENGTH  OF  SOFTWARE SUPPORT BY THE MANUFACTURER   OF THE
 PRODUCT; THE REPAIR OPTIONS  AVAILABLE  FOR  THE  EQUIPMENT;  AND  OTHER
 CRITERIA  CONSIDERED BY WIDELY ACCEPTED REPAIRABILITY INDEX STANDARDS IN
 OTHER JURISDICTIONS. THE DEPARTMENT OF STATE SHALL MAKE EVERY EFFORT  TO
 INCORPORATE  THE  STANDARDS  FROM EXISTING REPAIRABILITY INDEX STANDARDS
 IMPLEMENTED IN THE U.S. AND INTERNATIONALLY,  TO  AVOID  DUPLICATIVE  OR
 INCONSISTENT  REGULATORY  STANDARDS, UNLESS THERE ARE COMPELLING REASONS
 TO ADOPT NEW OR DIFFERING STANDARDS.
   § 4. This act shall take effect one year after it shall have become  a
 law.