The rules are stricter than in other US states, although it will be some time before their impact can be assessed and quantified
Bill clears legislative hurdles
On 12 September 2023, California’s Right to Repair Act (otherwise known as Bill 244) was approved, receiving unanimous votes in favour from both the state’s Assembly and Senate. While the bill still awaits the signature of the Governor before it can officially enter into law, securing support from the relevant legislative bodies means that California becomes the third US state (after Minnesota and New York) to pass right to repair rules covering electronic equipment. These are all expected to come into effect during 2024. While it will therefore be some time before the impact of right to repair legislation can be assessed, iFixit – an “online repair community” – has nevertheless described the progress of Bill 244 as like knocking down “the Berlin Wall of tech repair monopolies”.
Apple has reversed years of opposition and fallen in line to support the bill
While the Californian bill isn’t the first of its kind, it’s notable because of the number of consumers (>39m) it will affect and because it goes further than similar laws passed in Minnesota and New York. Manufacturers will be required to keep repair materials, including parts, tools, software and documentation, available for extended periods post-production: Three years for products costing between $50-$99.99 and seven years for those priced $100 or above. This obligation applies to electronic devices and appliances made and sold after 1 July 2021. California’s Right to Repair Act is also remarkable due to the backing it has received from Apple, with the tech giant reversing its position having lobbied against the bill in the past. In a letter to Senator Susan Eggman, Apple says it supports Bill 244 because it includes requirements that protect users’ safety and security, as well as manufacturers’ intellectual property.
There are other ways policymakers can contribute to sustainability efforts
Right to repair legislation is not the only way Apple will be affected, with the EU’s common charger rules already having an extraterritorial effect by instigating the switch to USB-C from its proprietary Lightning port. The EC expects these rules to have a positive impact on consumer frustration, e-waste and carbon emissions. We recently outlined several ways regulators can support industry’s journey to net zero, including through data collection, collaboration and encouraging end user engagement in the circular economy. For telecoms operators, eliminating barriers to legacy network retirement would deliver significant benefits from both a cost and an environmental standpoint.
