NY State Senate Bill 2025-S4655

Senate Bill S4655

2025-2026 Legislative Session

Relates to the sale of digital electronic equipment and providing diagnostic and repair information

download bill text pdf

Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2025	2nd report cal.
May 28, 2025	1st report cal.1409
Feb 10, 2025	referred to consumer protection

Votes

- May 28, 2025 - Consumer Protection Committee Vote
  S4655
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 28, 2025
      
      aye (6)
      
      Bynoe
      
      Gonzalez
      
      May
      
      Myrie
      
      Ryan
      
      Weber
      
      aye wr (1)
      
      Canzoneri-Fitzpatrick

2025-S4655 (ACTIVE) - Details

See Assembly Version of this Bill:: A8405
Law Section:: General Business Law
Laws Affected:: Amd §399-nn, Gen Bus L; amd §3, Chap 810 of 2022
Versions Introduced in 2023-2024 Legislative Session:: S8492, A8955

2025-S4655 (ACTIVE) - Summary

Modifies what qualifies as an original equipment manufacturer and the manufacture date when hardware must comply with the right to repair law; repeals certain limitations on the right to repair law.

2025-S4655 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4655

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the general business law, in relation to the sale of
digital electronic equipment and providing diagnostic and repair infor-
mation; and to amend chapter 810 of the laws of 2022 amending the gener-
al business law relating to the sale of digital electronic equipment and
providing diagnostic and repair information, in relation to the effec-
tiveness thereof

 
PURPOSE:

To amend the General Business Law, Sale of Digital Electronic Equipment;
Diagnostic and Repair Information, to expand the covered products to
include home appliances, and to make other changes to enhance repair
options for owners of electronic equipment consistent with similar laws
in other states.

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 1. Amends § 399-nn (a) by adding to the definition of authorized
repair provider, an Original Equipment Manufacturers (OEM) that offers
the repair of its own equipment. Amends § 399-nn (b) to cover digital
electronic equipment sold or used in the state on or after July 1, 2021,
and includes products sold to schools, businesses, local governments,
and other methods outside of retail. Amends § 399-nn (m) to remove the
exclusion of "printed board assemblies" from the definition of "parts."
Amends § 399-nn (3)(a) to add "copyrights or patients" to "trade
secrets", as what is not required of OEMs to divulge, except as neces-
sary to comply with repair. Amends § 399-nn (3) by removing (h) and (i)
and renumbering these paragraphs to add home appliances and to prevent
OEMs from limiting sales of parts to preassembled components rather than
individual components. Amends § 399-nn (6) by making a technical amend-
ment to the repair provider notification to the equipment owner require-
ment. § 2. Effective date:  December 28, 2023.

 
JUSTIFICATION:

New York was the first state to enact a comprehensive equipment owner
right-to-repair law (Chapter 810, L.2022 and Chapter 48, L.2023). New
York State's right-to-repair law is paving the way for other states and
the federal government to adopt similar laws. Since 2022, states such as
Minnesota and California have enacted the right-to-repair legislation
containing valuable owner-protection language missing from New York's
current statute. President Joe Biden, in an Executive Order issued in
July 2021, declared his support for making it easier and cheaper to
repair items by preventing manufacturers from barring self-repairs or
third-party repairs of their products. New York should align with the
spirit of the Biden Administration's directive and other states' actions
by enhancing owner protections and extending those protections to owners
of home appliances, as this bill proposes to do for residents in this
state. The bill also seeks to extend coverage to digital product sales
to schools, businesses, and local governments, which were excluded from
the New York law. The New York law goes into effect December 23, 2023,
so the passage of this legislation is timely for our state's owners to
enjoy the same benefits of having more options to repair their electron-
ic devices and appliances that are/will be available to consumers, busi-
nesses, and government entities and other product owners in other
states.

 
LEGISLATIVE HISTORY:

2023/24: S8492

2022 - S.4104-A/A.7006-B - Chapter 810 2023 - S.1320/A.1285 - Chapter 48

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that section
one of this act shall take effect on the same day and in the same manner
as Chapter. 810 of the laws of 2022.

2025-S4655 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4655
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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
 S. 4655                             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.
 S. 4655                             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.

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