Digital electronic equipment may be considered a product that depends, in whole or in part, on digital electronics embedded in or attached to the product for the product to function. An original equipment manufacturer (OEM) may be considered a company that manufactures or contracts another company to manufacture digital electronic equipment.
Original equipment manufacturers of digital electronic equipment generally control and can restrict access to information, components, and tools necessary to diagnose, service, and repair their products, which may make their products difficult or impractical to repair by end users and independent repair shops.
A digital electronic equipment repairability task force is established. The task force is comprised of the following membership:
Commerce must select and contract with a third-party entity by August 1, 2022, to administer and provide staff support and facilitation services to the task force. Commerce must select the entity based on the following criteria:
The entity may, when deemed necessary by the task force, subcontract with one or more appropriate consultants to provide additional data analysis, research, drafting, and other services. The entity must convene the initial meeting of the task force by October 1, 2022. The task force must elect a chair from among its legislative members at the initial meeting by a majority vote. The task force must provide a public comment period at every meeting.
The task force must submit annual reports to the Governor and the Legislature on the status and development of local, national, and global repairability standards for digital electronic equipment, and provide recommendations regarding the creation, implementation, management, and enforcement of repairability standards for digital electronic equipment in Washington, with a focus on achieving compatibility with emerging national and global repairability standards. The task force's recommendations must include the following subjects:
The task force must submit its initial report and recommendations by July 1, 2023. The task force must submit its updated report and recommendations by July 1, 2024. The task force must submit its final report and recommendations by July 1, 2025. The task force expires on August 1, 2025.
The substitute bill: (1) eliminates all provisions related to the creation and enforcement of repairability score labeling requirements; (2) establishes a digital electronic equipment repairability task force, rather than a commission, to research, analyze, and prepare reports and recommendations related to the status and development of local, national, and global repairability standards for digital electronic equipment; (3) requires the Department of Commerce to select and contract with a third-party entity by August 1, 2022, to administer and provide staff support and facilitation services to the task force and subcontract with appropriate consultants when deemed necessary; and (4) requires the task force to submit annual reports and recommendations to the Governor and Legislature until the task force expires on August 1, 2025.
(In support) The best way to achieve zero waste is to delay buying new products by continuing to repair and use old ones. However, it is difficult to distinguish between nearly identical products that only differ in terms of repairability. Without systematically dismantling a product, there is no way for a consumer to know how long that product will last. Knowing the repairability of a product allows consumers to make educated purchasing decisions based on their needs. Many manufacturers are looking at the repairability index developed in France as a possible model for other jurisdictions. Emulating a familiar, trusted labeling system like the Environmental Protection Agency's Energy Star program could be an effective option. A future amendment to this bill is forthcoming and will create a task force, rather than a commission, to further explore possible solutions for repairability labeling.
There is some concern that this bill does not do enough to address consumer repairability concerns. Repairability standards should be established and regulated by an independent standards body, not by manufacturers. Manufacturers have fought against repairability legislation for years and will not give their products honest scores. A small fine is nothing to a billion dollar company. It is unclear how consumers will see repairability scores for products sold online.
(Opposed) Although there is some industry-wide recognition of the repairability index developed in France, this bill goes too far in implementing that model at the state level. Repairability is only one aspect of a product that may matter to consumers. For example, a product with a high repairability score might be less durable or lack other important features. This bill would give consumers an incomplete picture of the quality of electronic devices, require the release of sensitive information prior to a product going on sale, and create state-level policies that are better implemented at the national or international level. Any model that Washington adopts should be consistent with global standards and a work group is the right way to approach developing and integrating those standards.
There is some concern that the definition of digital electronic equipment includes electronics found in automobiles. The auto industry is the gold standard in terms of fostering a competitive marketplace for repair options. Since the auto industry serves as a model for repairability solutions and already has a national framework, auto manufacturers should be excluded from the scope of this bill.
The Department of Commerce (Commerce) does not have the right experience to take on the regulatory role described in the bill. Commerce can help support a work group to inform the best approach to developing a repairability index.