Right to repair notches a big win in Colorado

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The big picture

TINKER AWAY — Colorado farmers will now be able to diagnose and fix their own tractors under a new, first-of-its-kind state law that proponents hope could set a national precedent for more than just agriculture equipment.

More than a dozen states are considering agricultural repair legislation that mirrors the bill Gov. Jared Polis (D) signed into law Tuesday.

States are increasingly considering bills to promote repair of other types of products, too: In 2023, at least 28 states have considered legislation advancing consumer repair, ranging from cell phones to home appliances to wheelchairs, though few have so far become law.

Consumer advocates are also taking to the courts: Farmers brought a class action suit in federal court in Illinois alleging that Deere & Co. is illegally restricting repair. The Department of Justice weighed in in support of farmers’ arguments. A class-action suit filed in March against Tesla alleges the automaker discourages customers from using independent repair shops.

“Seems we are now at the ‘Me Too’ stage where legislators want the same for their citizens as elsewhere,” said Gay Gordon-Byrne, executive director of The Repair Association, a member-funded advocacy group. But the gains have not come without some compromise.

In New York, lawmakers pared back a sweeping “Right to Repair” bill, removing agricultural equipment and other provisions, after a successful lobbying effort by manufacturers and dealerships. A bipartisan coalition in Congress has introduced two bills this session to improve auto repair. It’s not the first time Congress has considered repair legislation. Sen. Jon Tester introduced an agricultural repair bill last year, but it’s unclear if he intends to reintroduce this Congress.

The Colorado law, which will take effect in 2025, requires manufacturers to provide farmers the tools, software and information they need to repair agricultural equipment. It’s the third “right to repair” bill that’s passed a state legislative body in the last two years, following laws covering digital and auto repairs. But dozens of other similar bills have died in statehouses in recent years.

The Biden administration has also taken steps to address the issue, including a reference to “right to repair” in the president’s 2021 executive order on competition. To wit, the Federal Trade Commission has documented repair restrictions across industries and tried to increase enforcement of laws related to repair restrictions.

But manufacturers and dealerships have staunchly opposed such legislation, arguing that it’s unnecessary and could even introduce cybersecurity threats or enable farmers to flout environmental rules.

“When you get beyond the slogan to what the bill actually does, it’s an intervention into the free market and it has unintended consequences,” said Eric Wareham, senior vice president of the North American Equipment Dealers Association.

Advocates say making repair easier will save farmers and ranchers billions of dollars annually and help build more resilient agricultural supply chains.

“Colorado is only the beginning,” said Willie Cade, an advocate for agricultural repair. “There’s absolutely no resting on our laurels. We really are going to need to go and see how effective [the laws] are and see if the manufacturers will comply or will they try to do some end runs.”

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