Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H452 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 397 FILED ON: 1/8/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 452
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Francisco E. Paulino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the right to repair for agricultural equipment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Francisco E. Paulino16th Essex1/8/2025Lindsay N. Sabadosa1st Hampshire2/6/2025 1 of 9
16	16	HOUSE DOCKET, NO. 397 FILED ON: 1/8/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 452
18	18	By Representative Paulino of Methuen, a petition (accompanied by bill, House, No. 452) of
19	19	Francisco E. Paulino and Lindsay N. Sabadosa relative to the right to repair for agricultural
20	20	equipment. Consumer Protection and Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to the right to repair for agricultural equipment.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1 . The General Laws are hereby amended by inserting after chapter 93K the
30	30	2following chapter:-
31	31	3 Chapter 93K½
32	32	4 RIGHT TO REPAIR FOR AGRICULTURAL EQUIPMENT
33	33	5 Section 1 . For the purposes of this section, the following words shall, unless the context
34	34	6clearly requires otherwise, have the following meanings:-
35	35	7 “Agricultural equipment” or “equipment”, equipment that is primarily designed
36	36	8for use in a farm or ranch operation including: (i) a tractor, trailer, combine, sprayer, tillage
37	37	9implement, baler and other equipment used to plant, cultivate or harvest agricultural products or
38	38	10to ranch; and (ii) attachments to and repair parts for equipment described in clause (i).
39	39	11Agricultural equipment shall not include: (i) a self-propelled vehicle designed primarily for the 2 of 9
40	40	12transportation of individuals or property on a street or highway; (ii) a off-highway vehicle; (iii)
41	41	13personal watercraft; (iv) a snowmobile; (v) any aircraft used in an agricultural aircraft operation;
42	42	14or (vi) any equipment designed and used primarily for irrigation purposes.
43	43	15 “Authorized repair provider”, a person that is unaffiliated with a manufacturer other than
44	44	16through an arrangement with the manufacturer, whether for a definite or an indefinite period, in
45	45	17which the manufacturer, for the purpose of offering to provide services to an equipment owner
46	46	18regarding the owner's equipment or a part, grants the person: (i) a license to use a trade name,
47	47	19service mark or other proprietary identifier; or (ii) authorization under any other arrangement to
48	48	20act on behalf of the manufacturer. An authorized repair provider shall include a manufacturer
49	49	21that offers to provide services to an owner of the manufacturer's equipment regarding the owner's
50	50	22equipment or a part if the manufacturer does not have an arrangement with an unaffiliated
51	51	23person.
52	52	24 “Data”, transmitted or compiled information, with the consent of the owner, arising from
53	53	25the operation of an owner's agricultural equipment or its parts.
54	54	26 “Documentation”, a manual, diagram, including a schematic diagram, reporting output,
55	55	27service code description, security code or password or similar type of guidance or information,
56	56	28whether in an electronic or tangible format, that a manufacturer provides to an authorized repair
57	57	29provider to assist the authorized repair provider with services performed on the manufacturer's
58	58	30equipment or a part.
59	59	31 “Embedded software”, programmable instructions provided on firmware delivered with
60	60	32an electronic component of equipment or with any part for the purpose of restoring or improving
61	61	33operation of the equipment or part. Embedded software shall include all relevant patches and 3 of 9
62	62	34fixes that the manufacturer makes to equipment or to any part for the purpose of restoring or
63	63	35improving the equipment or part.
64	64	36 “Embedded software for agricultural equipment”, any programmable instructions
65	65	37provided on firmware delivered with or loaded to the agricultural equipment, with respect to
66	66	38agricultural equipment operation. Embedded software for agricultural equipment shall include all
67	67	39relevant patches and fixes that the manufacturer makes, including, but not limited to, items
68	68	40described as: basic internal operating system, internal operating system, machine code, assembly
69	69	41code, root code and microcode.
70	70	42 “Equipment dealer”, any person, partnership, corporation, association or other form of
71	71	43business enterprise that is primarily engaged in the retail sale of agricultural equipment.
72	72	44 “Fair and reasonable terms and costs”, shall have the following meanings:
73	73	45 (i) with respect to obtaining documentation, parts, embedded software, firmware or tools
74	74	46from a manufacturer to provide services, fair and reasonable terms and costs shall mean terms
75	75	47that are equivalent to the most favorable terms that the manufacturer offers to an authorized
76	76	48repair provider and costs that are no greater than the manufacturer's suggested retail price;
77	77	49provided that, except as set forth in clause (iv), costs shall be calculated using net costs incurred,
78	78	50accounting for any discounts, rebates or incentives offered.
79	79	51 (ii) with respect to documentation, fair and reasonable terms and costs shall mean that the
80	80	52manufacturer provides the documentation, including any relevant updates to the documentation,
81	81	53at no charge; except that the manufacturer may charge a fee for a printed copy of the
82	82	54documentation if the amount of the fee covers only the manufacturer's actual cost to prepare and
83	83	55send the printed copy of the documentation. 4 of 9
84	84	56 (iii) with respect to tools that are software programs, fair and reasonable terms and costs
85	85	57shall mean that the manufacturer provides the tools that are software programs: (A) at no charge
86	86	58and without requiring authorization or internet access or otherwise imposing impediments to
87	87	59access or use; (B) in the course of effectuating the diagnosis, maintenance or repair and enabling
88	88	60the full functionality of the equipment or part; and (C) in a manner that does not impair the
89	89	61efficient and cost-effective performance of the equipment or part.
90	90	62 (iv) with respect to parts for agricultural equipment, fair and reasonable terms and costs
91	91	63shall mean that, notwithstanding clause (i), parts shall be sold to an owner or an independent
92	92	64repair provider under equitable terms for access to or receipt of any part pertaining to agricultural
93	93	65equipment and in a manner that: (A) is fair to both parties in light of any agreed-upon conditions,
94	94	66the promised quality, and the timeliness of the delivery; or (B) does not discourage or
95	95	67disincentivize repairs to be made by an owner or an independent repair provider; provided that,
96	96	68terms shall be considered fair for purposes of this clause if the terms do not impose on an owner
97	97	69or independent repair provider any: (1) substantial obligation to use, or any restriction on the use
98	98	70of, a part, embedded software, embedded software for agricultural equipment, firmware or tool,
99	99	71including a condition that the owner or independent repair provider become an authorized repair
100	100	72provider of the manufacturer; or (2) requirement that a part, embedded software, embedded
101	101	73software for agricultural equipment, firmware or tool be registered or paired with or approved by
102	102	74the manufacturer or an authorized repair provider before the part, embedded software, embedded
103	103	75software for agricultural equipment, firmware or tool is operational.
104	104	76 “Firmware”, a software program or set of instructions programmed on equipment or a
105	105	77part to allow the equipment or part to function or communicate with itself or with other computer
106	106	78hardware. 5 of 9
107	107	79 “Independent repair provider”, a person in the commonwealth that is: (i) neither a
108	108	80manufacturer's authorized repair provider nor affiliated with a manufacturer's authorized repair
109	109	81provider; and (ii) engaged in offering or providing services. An independent repair provider shall
110	110	82include: (A) an authorized repair provider if the authorized repair provider is offering or
111	111	83providing services for a manufacturer other than a manufacturer with which the authorized repair
112	112	84provider has an arrangement; and (B) a manufacturer with respect to offering or providing
113	113	85services for another manufacturer's equipment or part.
114	114	86 “Original equipment manufacturer” or “manufacturer”, a person doing business in the
115	115	87commonwealth and engaged in the business of selling, leasing or otherwise supplying new
116	116	88equipment or parts manufactured by or on behalf of itself to any individual, business or other
117	117	89entity.
118	118	90 “Owner”, a person that owns equipment or an agent of the owner.
119	119	91 “Part”, a new or used replacement part for equipment that a manufacturer offers for sale
120	120	92or otherwise makes available for the purpose of providing services.
121	121	93 “Services”, diagnostic, maintenance or repair services performed on equipment or a part.
122	122	94 “Tools”, any software program, hardware implement or other apparatus used for
123	123	95diagnosis, maintenance or repair of equipment or parts, including software or other mechanism
124	124	96that provides: (i) programs, or pairs a new part; (ii) calibrates functionality; or (iii) performs any
125	125	97other function required to return the equipment or part to fully functional condition.
126	126	98 “Trade secret”, the whole or any portion or phase of any scientific or technical
127	127	99information, design, process, procedure, formula, improvement, confidential business or 6 of 9
128	128	100financial information, listing of names, addresses, or telephone numbers, or other information
129	129	101relating to any business or profession which is secret and of value. To be a trade secret the owner
130	130	102thereof must have taken measures to prevent the secret from becoming available to persons other
131	131	103than those selected by the owner to have access thereto for limited purposes.
132	132	104 Section 2 . (a) For the purpose of providing services for equipment in the commonwealth,
133	133	105an original equipment manufacturer shall, with fair and reasonable terms and costs, make
134	134	106available to an independent repair provider or owner of the manufacturer's equipment any
135	135	107documentation, parts, embedded software, embedded software for agricultural equipment,
136	136	108firmware, tools or, with owner authorization, data that are intended for use with the equipment or
137	137	109any part, including updates to documentation, parts, embedded software, embedded software for
138	138	110agricultural equipment, firmware, tools or, with owner authorization, data.
139	139	111 (b) With respect to equipment that contains an electronic security lock or other security
140	140	112related functions, a manufacturer shall, with fair and reasonable terms and costs, make available
141	141	113to independent repair providers and owners any documentation, parts, embedded software,
142	142	114embedded software for agricultural equipment, firmware, tools or, with owner authorization, data
143	143	115needed to reset the lock or function when disabled in the course of providing services. The
144	144	116manufacturer may make the documentation, parts, embedded software, embedded software for
145	145	117agricultural equipment, firmware, tools or, with owner authorization, data available to
146	146	118independent repair providers and owners through appropriate secure release systems.
147	147	119 (c) Subsections (a) and (b) shall not apply to: (i) a part that is no longer available to the
148	148	120original equipment manufacturer; and (ii) conduct that would require the manufacturer to divulge
149	149	121a trade secret; except that a manufacturer shall not refuse to make available to an independent 7 of 9
150	150	122repair provider or owner any documentation, part, embedded software, embedded software for
151	151	123agricultural equipment, firmware, tool or, with owner authorization, data necessary to provide
152	152	124services on grounds that the documentation, part, embedded software, embedded software for
153	153	125agricultural equipment, firmware, tool or, with owner authorization, data itself is a trade secret.
154	154	126 (d)(1) A manufacturer may redact documentation to remove trade secrets from the
155	155	127documentation before providing access to the documentation if the usability of the redacted
156	156	128documentation for the purpose of providing services is not diminished.
157	157	129 (2) A manufacturer may withhold information regarding a component of, design of,
158	158	130functionality of, or process of developing a part, embedded software, embedded software for
159	159	131agricultural equipment, firmware or a tool if the information is a trade secret and the usability of
160	160	132the part, embedded software, embedded software for agricultural equipment, firmware, or tool
161	161	133for the purpose of providing services is not diminished.
162	162	134 (e) Neither an original equipment manufacturer nor an equipment dealer is liable for
163	163	135faulty or otherwise improper repairs provided by independent repair providers or owners,
164	164	136including faulty or otherwise improper repairs that cause: (i) damage to agricultural equipment
165	165	137that occurs during such repairs; (ii) any indirect, incidental, special or consequential damages; or
166	166	138(iii) an inability to use, or a reduced functionality of a piece of agricultural equipment resulting
167	167	139from the faulty or otherwise improper repair.
168	168	140 (f) A manufacturer that provides data to an independent repair provider in compliance
169	169	141with this section is neither responsible nor liable to the owner, the independent repair provider or
170	170	142another party for any action that the independent repair provider or another party takes while
171	171	143using or relying on the data. 8 of 9
172	172	144 Section 3. (a) No contract or other arrangement, or renewal of a contract or existing
173	173	145arrangement, that an agricultural equipment original equipment manufacturer enters into shall:
174	174	146 (i) alter the terms of any contract or other arrangement in force between an original
175	175	147equipment manufacturer and an authorized repair provider, including the performance or
176	176	148provision of warranty or recall repair work and any exclusivity or noncompete clause in a
177	177	149contract;
178	178	150 (ii) authorize an independent repair provider or owner to: (A) make any modification to
179	179	151agricultural equipment that deactivates a safety notification system, except as necessary to
180	180	152provide services; (B) access any function of a tool that enables the independent repair provider or
181	181	153owner to change the settings for a piece of agricultural equipment in a manner that brings the
182	182	154equipment out of compliance with any applicable federal, state, or local safety or emissions law,
183	183	155except as necessary to provide services; (C) evade emissions, copyright, trademark or patent
184	184	156laws; or (D) engage in any other illegal equipment modification activities;
185	185	157 (iii) require a manufacturer to provide an independent repair provider or owner access to
186	186	158information, other than documentation, that the manufacturer provides to an authorized repair
187	187	159provider pursuant to a contract or other arrangement with the authorized repair provider; or
188	188	160 (iv) exempt a manufacturer from a products liability claim that is otherwise authorized in
189	189	161law.
190	190	162 (b)(1) With respect to a contract or other arrangement, or renewal of a contract or existing
191	191	163arrangement, that an original equipment manufacturer enters into after January 1, 2027 any
192	192	164contract term, provision, agreement or language in the contract or arrangement that waives, 9 of 9
193	193	165avoids, restricts or limits the manufacturer's obligations under this chapter shall be void and
194	194	166unenforceable.
195	195	167 (2) If an agricultural equipment manufacturer enters into, or is covered under, a
196	196	168nationwide memorandum of understanding regarding a right to repair agricultural equipment, the
197	197	169memorandum of understanding governs an owner's right to provide services, or to engage the
198	198	170services of an independent repair provider, for that manufacturer's brand of agricultural
199	199	171equipment; except that, if compliance with the memorandum of understanding would deny the
200	200	172owner any rights afforded to the owner in this chapter, including any rights to documentation,
201	201	173data, tools or embedded software for agricultural equipment necessary for the diagnosis,
202	202	174maintenance or repair of the owner's agricultural equipment, the owner is entitled to the
203	203	175documentation, data, tools or embedded software for agricultural equipment in accordance with
204	204	176this chapter. An agricultural equipment manufacturer that enters into a memorandum of
205	205	177understanding is still obligated to meet the requirements established under this chapter.
206	206	178 SECTION 2 . This act shall take effect on January 1, 2027.