Advocates Applaud Governor Hochul For Signing the Nation’s First Right to Repair Bill

Broken devices drive early disposal, clogging landfills, and dumping toxics into air and water

New law will require device makers to share diagnostic and tool information to enable electronics to last longer

(Albany, NY) Advocates applauded Governor Kathy Hochul as she signed the Digital Fair Repair bill. The new law - first of its kind in the nation - will give independent technicians access to diagnostic and repair information from original electronic device manufacturers. This bill was sponsored by Senator Neil Breslin (D, District 44) and Assemblymember Patricia Fahy (D, District 109).  Electronic devices contain many toxic materials, including heavy metals, toxic flame retardants, and PFAS. When improperly disposed of, these toxic chemicals wind up in landfills, leaching into nearby soil and groundwater, and incinerators, getting into the air.

Electronic waste, the fastest growing sector or municipal waste, increases when consumers can't easily fix devices and discard and replace them instead. Product owners and independent repair technicians need information and tool information from manufacturers to repair these devices, which this new law requires. By passing this law, Governor Hochul brings New York a step closer to a circular economy, which ensures that items can be repaired and remanufactured, before requiring an upgrade.

Advocates highlighted the triple benefits of the new law: supporting local independent repair businesses, saving device owners money by letting them keep devices longer, and protecting the environment from e-waste.

“This year was another marked by strong action taken by New York State on reducing the public’s exposure to dangerous and toxic chemicals,” said Assemblymember Patricia Fahy. “Governor Hochul’s signature of my legislation banning toxic PFAS chemicals in common forms of apparel will continue New York’s reputation as a national leader in PFAS action. Additionally, her approval of my Right to Repair legislation, the Digital Fair Repair Act, will help to reduce the flow of toxins found in cell phones and other common electronics that often seep into our groundwater and water table. All of these actions ensure that New Yorkers will be at the forefront of protecting the public’s health and reduction of exposure to dangerous and toxic classes of chemicals.”

“Electronic waste is the fastest growing category of municipal solid waste, and simply put, it's full of toxics. When people can't easily hire local repair shops to fix their damaged devices, they are often driven to dump their item and buy a new one. This results in too-frequent disposal of electronic devices that contain lead, PFAS, and bisphenols, all of which leach into the environment. The Digital Fair Repair law will ensure that independent technicians (and handy DIYers) have access to diagnostic information from original manufacturers to repair damaged electronic devices, sparing us from having to buy new items so often, and protecting the environment from toxic chemicals,” said Bobbi Wilding, Executive Director of Clean+Healthy and Co-Chair of the JustGreen Partnership. “Thank you to Governor Hochul for signing this bill into law, and to Senator Breslin and Assemblymember Fahy’s leadership in bringing it forward to lead New Yorkers into an environmentally conscious circular economy.”

"Removing barriers to repair prevents premature disposal of electronic devices that are often built using toxic materials,” said Caitlin Ferrante, Conservation Program Manager at Sierra Club Atlantic Chapter. “It’s common sense, and it's good for our planet and our communities. The Sierra Club is grateful for the leadership of Assemblymember Fahy and Senator Breslin in getting this bill passed and we applaud Governor Hochul for signing it into law.”

“New York City alone sends more than 14 million tons of trash to landfills each year, which is almost 5 percent of the nation’s total waste. And increasingly that waste includes cellphones, tablets, laptops, and other consumer electronics that contain a dangerous mix of toxic substances such as lead, mercury, phthalates, and brominated flame retardants – chemicals that we are trying to keep out of our homes, soil, and water,” explained Sonal Jessel, MPH, Director of Policy at WE ACT for Environmental Justice and Co-Chair of the JustGreen Partnership. “Because most electronics cannot be repaired and have such short lifecycles, they are increasingly ending up in landfills, which are disproportionately sited in communities of color. As such, our communities – already overburdened by toxic chemicals and other forms of pollution – are being exposed to even more from this exponentially expanding flow of e-waste. The Digital Fair Repair bill will give consumers a chance to repair, refurbish, or reuse these devices, creating jobs in the process, and reduce the flow of this waste – and the toxic chemicals they contain – into our landfills and communities.”

“A healthy environment and citizenry is essential to a strong economy,” said Bob Rossi, Executive Director of the New York Sustainable Business Council (NYSBC). “As many businesses depend heavily on healthy water sources, this bill represents a critical step in reducing toxic heavy metals from electronic waste which end up in landfills and contaminate groundwater. Giving independent repair technicians access to diagnostic and repair information from the original manufacturers will also provide opportunities to small businesses in New York State. The business community applauds Governor Hochul for signing this bill into law.”

“The tried and true path to achieving zero waste is to reduce and reuse–not discard–and the Right to Repair bill removes one of the major hindrances to upholding that tenet. It’s simple: freedom to choose who fixes your electronic devices means a less expensive and less cumbersome process, which translates into fewer of these toxic items in our waste stream. The New York League of Conservation Voters applauds Governor Hochul for signing the Right to Repair bill into law and banking another environmental win for New York,” said Andrew Williams, Deputy Director of State Policy, New York League of Conservation Voters.

"The Digital Fair Repair Act is a win for New Yorkers because now they'll be able to repair broken electronic devices quicker and cheaper than ever before," said Rich Schrader, New York Legislative and Policy Director for NRDC (Natural Resources Defense Council). "Not only does the Act protect our pocketbooks, but it will go a long way toward reducing New York State's growing electronic waste problem. Too often broken electronics are incinerated or end up in landfills, which leaches lead and mercury into the soil and pollutes groundwater."

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The JustGreen Partnership is a coalition of about 50 groups representing nearly a million New Yorkers, all working together for environmental health and justice for New York’s people and communities.