STATE OF NEW YORK
        ________________________________________________________________________

                                          8332

                    IN SENATE

                                    January 18, 2024
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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  promoting
          consumer  choice  by  requiring  manufacturers  of  digital electronic
          equipment to provide retail sellers with  a  one  through  ten  repair
          score that will be displayed to consumers at point of sale

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as "The  Electron-
     2  ics Repair Scores Act".
     3    §  2.  Subdivision  1 of section 399-nn of the general business law is
     4  amended by adding two new paragraphs (s) and (t) to read as follows:
     5    (s) "Repair score" or "score" means a one through ten score calculated
     6  by the manufacturer based on the repair scoring  criteria  developed  by
     7  the attorney general.
     8    (t)  "Detailed  score" means the information regarding the calculation
     9  and meaning of the repair score  as  defined  by  the  scoring  criteria
    10  developed by the attorney general.
    11    §  3.  Subdivision 2 of section 399-nn of the general business law, as
    12  amended by chapter 48 of the  laws  of  2023,  is  amended  to  read  as
    13  follows:
    14    2.  Requirements.  (a)  An  original equipment manufacturer shall make
    15  available to any independent repair provider and owner of digital  elec-
    16  tronic  equipment  manufactured  by  or  on  behalf  of  or sold by such
    17  original equipment manufacturer,  on  fair  and  reasonable  terms,  any
    18  documentation, parts, and tools required for the diagnosis, maintenance,
    19  or  repair of such digital electronic equipment and parts that are manu-
    20  factured for the first time, and first sold or used in New  York  on  or
    21  after  July first, two thousand twenty-three. Such documentation, parts,
    22  and tools shall be made available either directly by an original  equip-
    23  ment  manufacturer  or  via  an  authorized repair provider. An original
    24  equipment manufacturer who, in the regular course of business, offers to
    25  an owner the services of diagnosis, maintenance or  repair  of  its  own
    26  digital  electronic  equipment,  and  who  does  not have an arrangement

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13840-01-3

        S. 8332                             2

     1  described in paragraph (a) of subdivision one of this  section  with  an
     2  unaffiliated  individual  or business, shall be considered an authorized
     3  repair provider with respect to such equipment.
     4    (b)  (i) For digital electronic equipment that is sold or used in this
     5  state, an original equipment manufacturer shall make  available  to  any
     6  retail  sellers  and  the attorney general the repair score and detailed
     7  score for such digital electronic equipment, inclusive of any updates to
     8  information.
     9    (ii) When displayed by retailers and manufacturers near pricing infor-
    10  mation, the score shall include the logo representation of the score  as
    11  developed by the attorney general.
    12    (iii)  A  retail  seller  that receives notification from the original
    13  equipment manufacturer or the attorney general regarding  the  product's
    14  repair  score  shall  ensure  that, within ninety days of receipt of the
    15  notification:
    16    (A) prominently display repair scores on the product or near the pric-
    17  ing information for the product for such  digital  electronic  equipment
    18  within all retail locations located within the state and internet retail
    19  websites.
    20    (B)  make the detailed score available to a potential purchaser of the
    21  product on the retail seller's website near pricing information.
    22    (iv) Original equipment manufacturers  shall  clearly  display  repair
    23  scores for such products on their website product listing pages, as well
    24  as  make  publicly available detailed scores to all potential purchasers
    25  on each product listing page.
    26    (v) Scoring criteria will be determined by the attorney general, which
    27  shall periodically update such criteria, and a  logo  representation  of
    28  scores.  Scoring criteria shall include, but is not limited to: the free
    29  and public availability of technical documents  regarding  the  product;
    30  ease  of disassembly of the product; availability of spare parts for the
    31  product; the price of spare parts for the product;  length  of  software
    32  support  by the manufacturer of the product; and other criteria specific
    33  to the category of the product as determined by the attorney general.
    34    § 4. This act shall take effect one year after it shall have become  a
    35  law;  provided,  however,  that if chapter 810 of the laws of 2022 shall
    36  not have taken effect on or before such date then sections two and three
    37  of this act shall take effect on the same date and in the same manner as
    38  such chapter of the laws of 2022, takes effect.