S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8405
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to the sale of
   digital electronic  equipment  and  providing  diagnostic  and  repair
   information; and to amend chapter 810 of the laws of 2022 amending the
   general business law relating to the sale of digital electronic equip-
   ment  and  providing diagnostic and repair information, in relation to
   the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a), (b), and (m) of subdivision 1, paragraphs
 (a), (g), (h), (i) and (j) of subdivision 3, paragraphs (d) and  (e)  of
 subdivision  4,  and  the  opening paragraph of subdivision 6 of section
 399-nn of the general business law,  paragraphs  (a),  (b)  and  (m)  of
 subdivision  1, paragraphs (a) and (g) of subdivision 3, and the opening
 paragraph of subdivision 6, as amended and paragraphs (h), (i)  and  (j)
 of  subdivision 3, and paragraphs (d) and (e) of subdivision 4, as added
 by chapter 48 of the laws of 2023, are amended to read as follows:
   (a) "Authorized repair provider" means an individual or  business  who
 has  an arrangement with the original equipment manufacturer under which
 the original equipment manufacturer grants to the individual or business
 a license to use a trade name, service mark, or other proprietary  iden-
 tifier  for  the purposes of offering the services of diagnosis, mainte-
 nance, or repair of digital electronic equipment under the name  of  the
 original  equipment manufacturer, or other arrangement with the original
 equipment manufacturer to offer such services on behalf of the  original
 equipment  manufacturer.  AN  ORIGINAL EQUIPMENT MANUFACTURER WHO OFFERS
 THE SERVICES OF DIAGNOSIS, MAINTENANCE, OR REPAIR  OF  ITS  OWN  DIGITAL
 ELECTRONIC  EQUIPMENT  SHALL BE CONSIDERED AN AUTHORIZED REPAIR PROVIDER
 WITH RESPECT TO SUCH EQUIPMENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09271-01-5
 A. 8405                             2
              

 
   (b) "Digital electronic equipment" or "equipment" means  any  hardware
 product  manufactured  for the first time, and first sold or used in New
 York on or after July first, two thousand  [twenty-three,  that  depends
 for  its functioning, in whole or in part, on digital electronics embed-
 ded  in  or  attached to the product] TWENTY-ONE, for which the original
 equipment manufacturer makes available tools, parts,  and  documentation
 either  through  authorized  repair providers, its own employees, or any
 authorized third-party  providers  ["Digital  electronic  equipment"  or
 "equipment"  does  not  include  any product sold under a specific busi-
 ness-to-government or business-to-business contract, which is not other-
 wise offered for sale directly by a retail seller].
   (m) "Part" or "parts" means any replacement part or assembly of parts,
 either new or used, made available by an original equipment manufacturer
 for purposes of effecting the  services  of  maintenance  or  repair  of
 digital electronic equipment manufactured or sold by the original equip-
 ment  manufacturer. [Part does not include printed board assemblies that
 may allow device cloning in violation of 18 U.S.C. Section 1029 or other
 applicable law.]
   (a) [Nothing] EXCEPT AS NECESSARY TO COMPLY WITH THIS SECTION, NOTHING
 in this section shall be construed  to  require  an  original  equipment
 manufacturer to divulge [any] A trade secret or license any intellectual
 property,  INCLUDING  COPYRIGHTS OR PATENTS, to any owner or independent
 service provider.
   (g) Nothing in this section shall be construed to require any original
 equipment manufacturer or authorized repair provider to  make  available
 any  parts,  tools, or documentation required for the diagnosis, mainte-
 nance, or repair of any [home appliance that has  a  digital  electronic
 product  embedded  within  it, including, but not limited to, refrigera-
 tors, ovens, microwaves, air conditioning, heating units, and]  security
 devices or alarm systems including any related software and components.
   (h)  Nothing  in  this  section  shall  prevent  an original equipment
 manufacturer from establishing  reasonable  training  and  certification
 programs  for  independent  repair  providers,  however,  no independent
 repair provider shall be required  to  complete  any  such  training  or
 certification program as a condition to be covered by the rights granted
 under this chapter.
   (i)  [Nothing  in  this  section  shall  prevent an original equipment
 manufacturer from offering parts, such as integrated batteries, to inde-
 pendent repair providers or owners pre-assembled with other parts rather
 than as individual components, where the individual components may  pose
 a heightened safety risk if installed improperly.
   (j)]  Nothing  in  this  section  shall  require an original equipment
 manufacturer to make available special documentation, tools,  and  parts
 that  would  disable or override anti-theft security measures set by the
 owner of the equipment without the owner's authorization.
   (d) OUTSIDE THE METER commercial and industrial  electrical  equipment
 [(]including  power  distribution equipment, [such as medium/low voltage
 switchgear and transformers, power control equipment, such as medium/low
 voltage motor control and drives, power quality equipment, such as unin-
 terruptable power supplies,  remote  power  panels,  power  distribution
 units  and static/transfer switches)] and any tools, technology, attach-
 ments, accessories, components and repair parts for any of  the  forego-
 ing.
   (e) an electronic bicycle manufacturer, distributor, importer, retail-
 er or dealer.
 A. 8405                             3
 
   Before  repairing  digital  electronic  equipment,  independent repair
 providers shall provide to any  customer,  [and]  OR  publish  on  their
 website  and  the  place of business, a written notice that contains the
 following information:
   § 2. Section 3 of chapter 810 of the laws of 2022 amending the general
 business  law  relating  to the sale of digital electronic equipment and
 providing diagnostic and repair information, as amended by chapter 48 of
 the laws of 2023, is amended to read as follows:
   § 3. This act shall take effect one year after it shall have become  a
 law  and  shall  apply to digital electronic equipment, manufactured for
 the first time, and first sold or used in New York on or after  July  1,
 [2023] 2021.
   § 3. This act shall take effect immediately.