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HOUSE DOCKET, NO. 397 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 452
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Francisco E. Paulino
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the right to repair for agricultural equipment.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Francisco E. Paulino16th Essex1/8/2025Lindsay N. Sabadosa1st Hampshire2/6/2025 1 of 9
HOUSE DOCKET, NO. 397 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 452
By Representative Paulino of Methuen, a petition (accompanied by bill, House, No. 452) of
Francisco E. Paulino and Lindsay N. Sabadosa relative to the right to repair for agricultural
equipment. Consumer Protection and Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to the right to repair for agricultural equipment.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1 . The General Laws are hereby amended by inserting after chapter 93K the
2following chapter:-
3 Chapter 93K½
4 RIGHT TO REPAIR FOR AGRICULTURAL EQUIPMENT
5 Section 1 . For the purposes of this section, the following words shall, unless the context
6clearly requires otherwise, have the following meanings:-
7 “Agricultural equipment” or “equipment”, equipment that is primarily designed
8for use in a farm or ranch operation including: (i) a tractor, trailer, combine, sprayer, tillage
9implement, baler and other equipment used to plant, cultivate or harvest agricultural products or
10to ranch; and (ii) attachments to and repair parts for equipment described in clause (i).
11Agricultural equipment shall not include: (i) a self-propelled vehicle designed primarily for the 2 of 9
12transportation of individuals or property on a street or highway; (ii) a off-highway vehicle; (iii)
13personal watercraft; (iv) a snowmobile; (v) any aircraft used in an agricultural aircraft operation;
14or (vi) any equipment designed and used primarily for irrigation purposes.
15 “Authorized repair provider”, a person that is unaffiliated with a manufacturer other than
16through an arrangement with the manufacturer, whether for a definite or an indefinite period, in
17which the manufacturer, for the purpose of offering to provide services to an equipment owner
18regarding the owner's equipment or a part, grants the person: (i) a license to use a trade name,
19service mark or other proprietary identifier; or (ii) authorization under any other arrangement to
20act on behalf of the manufacturer. An authorized repair provider shall include a manufacturer
21that offers to provide services to an owner of the manufacturer's equipment regarding the owner's
22equipment or a part if the manufacturer does not have an arrangement with an unaffiliated
23person.
24 “Data”, transmitted or compiled information, with the consent of the owner, arising from
25the operation of an owner's agricultural equipment or its parts.
26 “Documentation”, a manual, diagram, including a schematic diagram, reporting output,
27service code description, security code or password or similar type of guidance or information,
28whether in an electronic or tangible format, that a manufacturer provides to an authorized repair
29provider to assist the authorized repair provider with services performed on the manufacturer's
30equipment or a part.
31 “Embedded software”, programmable instructions provided on firmware delivered with
32an electronic component of equipment or with any part for the purpose of restoring or improving
33operation of the equipment or part. Embedded software shall include all relevant patches and 3 of 9
34fixes that the manufacturer makes to equipment or to any part for the purpose of restoring or
35improving the equipment or part.
36 “Embedded software for agricultural equipment”, any programmable instructions
37provided on firmware delivered with or loaded to the agricultural equipment, with respect to
38agricultural equipment operation. Embedded software for agricultural equipment shall include all
39relevant patches and fixes that the manufacturer makes, including, but not limited to, items
40described as: basic internal operating system, internal operating system, machine code, assembly
41code, root code and microcode.
42 “Equipment dealer”, any person, partnership, corporation, association or other form of
43business enterprise that is primarily engaged in the retail sale of agricultural equipment.
44 “Fair and reasonable terms and costs”, shall have the following meanings:
45 (i) with respect to obtaining documentation, parts, embedded software, firmware or tools
46from a manufacturer to provide services, fair and reasonable terms and costs shall mean terms
47that are equivalent to the most favorable terms that the manufacturer offers to an authorized
48repair provider and costs that are no greater than the manufacturer's suggested retail price;
49provided that, except as set forth in clause (iv), costs shall be calculated using net costs incurred,
50accounting for any discounts, rebates or incentives offered.
51 (ii) with respect to documentation, fair and reasonable terms and costs shall mean that the
52manufacturer provides the documentation, including any relevant updates to the documentation,
53at no charge; except that the manufacturer may charge a fee for a printed copy of the
54documentation if the amount of the fee covers only the manufacturer's actual cost to prepare and
55send the printed copy of the documentation. 4 of 9
56 (iii) with respect to tools that are software programs, fair and reasonable terms and costs
57shall mean that the manufacturer provides the tools that are software programs: (A) at no charge
58and without requiring authorization or internet access or otherwise imposing impediments to
59access or use; (B) in the course of effectuating the diagnosis, maintenance or repair and enabling
60the full functionality of the equipment or part; and (C) in a manner that does not impair the
61efficient and cost-effective performance of the equipment or part.
62 (iv) with respect to parts for agricultural equipment, fair and reasonable terms and costs
63shall mean that, notwithstanding clause (i), parts shall be sold to an owner or an independent
64repair provider under equitable terms for access to or receipt of any part pertaining to agricultural
65equipment and in a manner that: (A) is fair to both parties in light of any agreed-upon conditions,
66the promised quality, and the timeliness of the delivery; or (B) does not discourage or
67disincentivize repairs to be made by an owner or an independent repair provider; provided that,
68terms shall be considered fair for purposes of this clause if the terms do not impose on an owner
69or independent repair provider any: (1) substantial obligation to use, or any restriction on the use
70of, a part, embedded software, embedded software for agricultural equipment, firmware or tool,
71including a condition that the owner or independent repair provider become an authorized repair
72provider of the manufacturer; or (2) requirement that a part, embedded software, embedded
73software for agricultural equipment, firmware or tool be registered or paired with or approved by
74the manufacturer or an authorized repair provider before the part, embedded software, embedded
75software for agricultural equipment, firmware or tool is operational.
76 “Firmware”, a software program or set of instructions programmed on equipment or a
77part to allow the equipment or part to function or communicate with itself or with other computer
78hardware. 5 of 9
79 “Independent repair provider”, a person in the commonwealth that is: (i) neither a
80manufacturer's authorized repair provider nor affiliated with a manufacturer's authorized repair
81provider; and (ii) engaged in offering or providing services. An independent repair provider shall
82include: (A) an authorized repair provider if the authorized repair provider is offering or
83providing services for a manufacturer other than a manufacturer with which the authorized repair
84provider has an arrangement; and (B) a manufacturer with respect to offering or providing
85services for another manufacturer's equipment or part.
86 “Original equipment manufacturer” or “manufacturer”, a person doing business in the
87commonwealth and engaged in the business of selling, leasing or otherwise supplying new
88equipment or parts manufactured by or on behalf of itself to any individual, business or other
89entity.
90 “Owner”, a person that owns equipment or an agent of the owner.
91 “Part”, a new or used replacement part for equipment that a manufacturer offers for sale
92or otherwise makes available for the purpose of providing services.
93 “Services”, diagnostic, maintenance or repair services performed on equipment or a part.
94 “Tools”, any software program, hardware implement or other apparatus used for
95diagnosis, maintenance or repair of equipment or parts, including software or other mechanism
96that provides: (i) programs, or pairs a new part; (ii) calibrates functionality; or (iii) performs any
97other function required to return the equipment or part to fully functional condition.
98 “Trade secret”, the whole or any portion or phase of any scientific or technical
99information, design, process, procedure, formula, improvement, confidential business or 6 of 9
100financial information, listing of names, addresses, or telephone numbers, or other information
101relating to any business or profession which is secret and of value. To be a trade secret the owner
102thereof must have taken measures to prevent the secret from becoming available to persons other
103than those selected by the owner to have access thereto for limited purposes.
104 Section 2 . (a) For the purpose of providing services for equipment in the commonwealth,
105an original equipment manufacturer shall, with fair and reasonable terms and costs, make
106available to an independent repair provider or owner of the manufacturer's equipment any
107documentation, parts, embedded software, embedded software for agricultural equipment,
108firmware, tools or, with owner authorization, data that are intended for use with the equipment or
109any part, including updates to documentation, parts, embedded software, embedded software for
110agricultural equipment, firmware, tools or, with owner authorization, data.
111 (b) With respect to equipment that contains an electronic security lock or other security
112related functions, a manufacturer shall, with fair and reasonable terms and costs, make available
113to independent repair providers and owners any documentation, parts, embedded software,
114embedded software for agricultural equipment, firmware, tools or, with owner authorization, data
115needed to reset the lock or function when disabled in the course of providing services. The
116manufacturer may make the documentation, parts, embedded software, embedded software for
117agricultural equipment, firmware, tools or, with owner authorization, data available to
118independent repair providers and owners through appropriate secure release systems.
119 (c) Subsections (a) and (b) shall not apply to: (i) a part that is no longer available to the
120original equipment manufacturer; and (ii) conduct that would require the manufacturer to divulge
121a trade secret; except that a manufacturer shall not refuse to make available to an independent 7 of 9
122repair provider or owner any documentation, part, embedded software, embedded software for
123agricultural equipment, firmware, tool or, with owner authorization, data necessary to provide
124services on grounds that the documentation, part, embedded software, embedded software for
125agricultural equipment, firmware, tool or, with owner authorization, data itself is a trade secret.
126 (d)(1) A manufacturer may redact documentation to remove trade secrets from the
127documentation before providing access to the documentation if the usability of the redacted
128documentation for the purpose of providing services is not diminished.
129 (2) A manufacturer may withhold information regarding a component of, design of,
130functionality of, or process of developing a part, embedded software, embedded software for
131agricultural equipment, firmware or a tool if the information is a trade secret and the usability of
132the part, embedded software, embedded software for agricultural equipment, firmware, or tool
133for the purpose of providing services is not diminished.
134 (e) Neither an original equipment manufacturer nor an equipment dealer is liable for
135faulty or otherwise improper repairs provided by independent repair providers or owners,
136including faulty or otherwise improper repairs that cause: (i) damage to agricultural equipment
137that occurs during such repairs; (ii) any indirect, incidental, special or consequential damages; or
138(iii) an inability to use, or a reduced functionality of a piece of agricultural equipment resulting
139from the faulty or otherwise improper repair.
140 (f) A manufacturer that provides data to an independent repair provider in compliance
141with this section is neither responsible nor liable to the owner, the independent repair provider or
142another party for any action that the independent repair provider or another party takes while
143using or relying on the data. 8 of 9
144 Section 3. (a) No contract or other arrangement, or renewal of a contract or existing
145arrangement, that an agricultural equipment original equipment manufacturer enters into shall:
146 (i) alter the terms of any contract or other arrangement in force between an original
147equipment manufacturer and an authorized repair provider, including the performance or
148provision of warranty or recall repair work and any exclusivity or noncompete clause in a
149contract;
150 (ii) authorize an independent repair provider or owner to: (A) make any modification to
151agricultural equipment that deactivates a safety notification system, except as necessary to
152provide services; (B) access any function of a tool that enables the independent repair provider or
153owner to change the settings for a piece of agricultural equipment in a manner that brings the
154equipment out of compliance with any applicable federal, state, or local safety or emissions law,
155except as necessary to provide services; (C) evade emissions, copyright, trademark or patent
156laws; or (D) engage in any other illegal equipment modification activities;
157 (iii) require a manufacturer to provide an independent repair provider or owner access to
158information, other than documentation, that the manufacturer provides to an authorized repair
159provider pursuant to a contract or other arrangement with the authorized repair provider; or
160 (iv) exempt a manufacturer from a products liability claim that is otherwise authorized in
161law.
162 (b)(1) With respect to a contract or other arrangement, or renewal of a contract or existing
163arrangement, that an original equipment manufacturer enters into after January 1, 2027 any
164contract term, provision, agreement or language in the contract or arrangement that waives, 9 of 9
165avoids, restricts or limits the manufacturer's obligations under this chapter shall be void and
166unenforceable.
167 (2) If an agricultural equipment manufacturer enters into, or is covered under, a
168nationwide memorandum of understanding regarding a right to repair agricultural equipment, the
169memorandum of understanding governs an owner's right to provide services, or to engage the
170services of an independent repair provider, for that manufacturer's brand of agricultural
171equipment; except that, if compliance with the memorandum of understanding would deny the
172owner any rights afforded to the owner in this chapter, including any rights to documentation,
173data, tools or embedded software for agricultural equipment necessary for the diagnosis,
174maintenance or repair of the owner's agricultural equipment, the owner is entitled to the
175documentation, data, tools or embedded software for agricultural equipment in accordance with
176this chapter. An agricultural equipment manufacturer that enters into a memorandum of
177understanding is still obligated to meet the requirements established under this chapter.
178 SECTION 2 . This act shall take effect on January 1, 2027.