S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5771
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  enacting  the
   "farm equipment fair repair act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "farm equipment fair repair act".
   §  2. The general business law is amended by adding a new article 33-C
 to read as follows:
 
                               ARTICLE 33-C
                  AGRICULTURAL EQUIPMENT RIGHT TO REPAIR
 
 SECTION 698. DEFINITIONS.
         698-A. AGRICULTURAL EQUIPMENT REPAIR; RIGHTS OF CONSUMERS.
   § 698. DEFINITIONS. FOR THE PURPOSES OF THIS  SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AUTHORIZED  REPAIR  PROVIDER" MEANS AN INDIVIDUAL OR BUSINESS WHO
 HAS AN ARRANGEMENT WITH THE ORIGINAL EQUIPMENT MANUFACTURER UNDER  WHICH
 SUCH  ORIGINAL EQUIPMENT MANUFACTURER GRANTS TO SUCH INDIVIDUAL OR BUSI-
 NESS A LICENSE TO USE A TRADE NAME, SERVICE MARK, OR  OTHER  PROPRIETARY
 IDENTIFIERS  FOR  THE  PURPOSES  OF  OFFERING THE SERVICES OF DIAGNOSIS,
 MAINTENANCE, OR REPAIR OF AGRICULTURAL EQUIPMENT UNDER THE NAME OF  SUCH
 ORIGINAL EQUIPMENT MANUFACTURER, OR OTHER ARRANGEMENT WITH SUCH ORIGINAL
 EQUIPMENT  MANUFACTURER  TO  OFFER  SUCH SERVICES ON BEHALF OF, OR UNDER
 CONTRACT TO, SUCH ORIGINAL EQUIPMENT MANUFACTURER. AN ORIGINAL EQUIPMENT
 MANUFACTURER WHO OFFERS  THE  SERVICES  OF  DIAGNOSIS,  MAINTENANCE,  OR
 REPAIR  OF ITS OWN AGRICULTURAL EQUIPMENT SHALL BE CONSIDERED AN AUTHOR-
 IZED REPAIR PROVIDER WITH RESPECT TO SUCH EQUIPMENT.
   2. "AGRICULTURAL EQUIPMENT" OR "EQUIPMENT" MEANS ANY  DEVICE,  INSTRU-
 MENT  OR MACHINERY USED IN AGRICULTURE, HORTICULTURE, VITICULTURE, DAIRY
 FARMING, LIVESTOCK FARMING, POULTRY AND/OR BEEF RAISING, FORESTRY, PROP-
 ERTY MAINTENANCE AND IN THE PRODUCTION OF ANY AND ALL PRODUCTS RAISED OR
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09107-01-5
 S. 5771                             2
 
 PRODUCED ON FARMS AND PROCESSED OR MANUFACTURED PRODUCTS THEREOF, TRANS-
 PORTED OR INTENDED  TO  BE  TRANSPORTED  IN  INTERSTATE  AND/OR  FOREIGN
 COMMERCE.
   3.  "DOCUMENTATION"  MEANS  ANY  MANUAL, MAINTENANCE PROCEDURES, FUNC-
 TIONAL AND WIRING DIAGRAMS, REPORTING OUTPUT, SERVICE CODE  DESCRIPTION,
 BOARD  VIEW  FILE  OR COMPLETE PCB LAYOUT, PCB SCHEMATIC, SECURITY CODE,
 PASSWORD, TRAINING MATERIAL, TROUBLESHOOTING INFORMATION, FULL  LIST  OF
 REQUIRED  TOOLS, FULL PARTS LIST, AND OTHER GUIDANCE OR INFORMATION USED
 IN EFFECTING THE SERVICES OF DIAGNOSIS, MAINTENANCE, OR REPAIR OF  AGRI-
 CULTURAL EQUIPMENT.
   4. "EMBEDDED SOFTWARE" MEANS ANY PROGRAMMABLE INSTRUCTIONS PROVIDED ON
 FIRMWARE  DELIVERED  WITH  OR  LOADED  TO  AGRICULTURAL  EQUIPMENT, WITH
 RESPECT TO SUCH AGRICULTURAL EQUIPMENT'S OPERATION, INCLUDING ALL  RELE-
 VANT  PATCHES  AND  FIXES  MADE  BY  THE MANUFACTURER, INCLUDING BUT NOT
 LIMITED TO ITEMS DESCRIBED AS A  BASIC  INTERNAL  OPERATING  SYSTEM,  AN
 INTERNAL  OPERATING  SYSTEM,  A  MACHINE  CODE, AN ASSEMBLY CODE, A ROOT
 CODE, OR A MICROCODE.
   5. "FAIR AND REASONABLE TERMS" MEANS:
   (A) WITH RESPECT TO PARTS, MADE AVAILABLE BY  THE  ORIGINAL  EQUIPMENT
 MANUFACTURER,  EITHER DIRECTLY OR THROUGH AN AUTHORIZED REPAIR PROVIDER,
 IN A MANNER THAT:
   (I) IS NOT CONDITIONED ON OR  IMPOSING  A  SUBSTANTIAL  OBLIGATION  OR
 RESTRICTION  THAT  IS NOT REASONABLY NECESSARY FOR ENABLING THE OWNER OR
 INDEPENDENT REPAIR PROVIDER TO ENGAGE IN THE DIAGNOSIS, MAINTENANCE,  OR
 REPAIR  OF  AGRICULTURAL  EQUIPMENT MADE BY OR ON BEHALF OF THE ORIGINAL
 EQUIPMENT MANUFACTURER;
   (II) DOES NOT REQUIRE A MINIMUM OR  MAXIMUM  QUANTITY  OF  PARTS  THAT
 OWNERS AND INDEPENDENT REPAIR PROVIDERS CAN PURCHASE; AND
   (III)  DOES  NOT  CONDITION ACCESS TO PARTS ON ANY ADDITIONAL CONTRACT
 OTHER THAN A PURCHASE ORDER;
   (B) WITH RESPECT TO DOCUMENTATION,  MADE  AVAILABLE  BY  THE  ORIGINAL
 EQUIPMENT  MANUFACTURER  WITHOUT  REQUIRING  ANY  CONTRACT  AGREEMENT OR
 ACCOUNT CREATION AND AT NO CHARGE EXCEPT THAT, WHEN  SUCH  DOCUMENTATION
 IS  REQUESTED IN PHYSICAL PRINTED FORM, A CHARGE MAY BE INCLUDED FOR THE
 REASONABLE ACTUAL COSTS OF PREPARING AND SENDING SUCH DOCUMENTATION; OR
   (C) WITH RESPECT TO TOOLS, MADE AVAILABLE BY  THE  ORIGINAL  EQUIPMENT
 MANUFACTURER:
   (I)  AT  NO  CHARGE, EXCEPT THAT, WHEN A TOOL IS REQUESTED IN PHYSICAL
 FORM, A CHARGE MAY BE INCLUDED  FOR  THE  REASONABLE,  ACTUAL  COSTS  OF
 PREPARING AND SENDING SUCH TOOL;
   (II) WITHOUT REQUIRING AUTHORIZATION OR INTERNET ACCESS FOR THE USE OR
 OPERATION OF SUCH TOOLS, OR IMPOSING IMPEDIMENTS TO ACCESS OR USE OF THE
 TOOLS  TO DIAGNOSE, MAINTAIN, OR REPAIR AND ENABLE FULL FUNCTIONALITY OF
 AGRICULTURAL EQUIPMENT; AND
   (III) IN A MANNER THAT DOES NOT IMPAIR THE EFFICIENT  AND  COST-EFFEC-
 TIVE PERFORMANCE OF ANY SUCH DIAGNOSIS, MAINTENANCE, OR REPAIR.
   6.  "FIRMWARE"  MEANS  A  SOFTWARE  PROGRAM  OR  SET  OF  INSTRUCTIONS
 PROGRAMMED ON AGRICULTURAL EQUIPMENT, OR ON A PART OF SUCH  AGRICULTURAL
 EQUIPMENT,  TO  ALLOW SUCH AGRICULTURAL EQUIPMENT OR PART TO COMMUNICATE
 WITHIN ITSELF OR WITH OTHER COMPUTER HARDWARE.
   7. "INDEPENDENT REPAIR PROVIDER" MEANS AN INDIVIDUAL OR BUSINESS OPER-
 ATING IN THE STATE THAT DOES NOT HAVE AN ARRANGEMENT DESCRIBED IN SUBDI-
 VISION ONE OF THIS SECTION WITH AN ORIGINAL EQUIPMENT MANUFACTURER,  AND
 WHO  IS  ENGAGED IN THE SERVICES OF DIAGNOSIS, MAINTENANCE, OR REPAIR OF
 AGRICULTURAL EQUIPMENT.
 S. 5771                             3
 
   8. "ORIGINAL EQUIPMENT MANUFACTURER" OR "MANUFACTURER" MEANS  A  BUSI-
 NESS ENGAGED IN THE BUSINESS OF SELLING, LEASING, OR OTHERWISE SUPPLYING
 NEW  AGRICULTURAL  EQUIPMENT  MANUFACTURED BY OR ON BEHALF OF ITSELF, TO
 ANY INDIVIDUAL OR BUSINESS.
   9. "OWNER" MEANS AN INDIVIDUAL OR BUSINESS WHO OWNS OR LEASES AGRICUL-
 TURAL EQUIPMENT PURCHASED OR USED IN THIS STATE.
   10. "PART" MEANS ANY REPLACEMENT PART, EITHER NEW OR USED, MADE AVAIL-
 ABLE  OR  USED  BY  AN ORIGINAL EQUIPMENT MANUFACTURER OR ITS AUTHORIZED
 REPAIR PROVIDERS FOR PURPOSES OF EFFECTING THE SERVICES  OF  MAINTENANCE
 OR  REPAIR  OF  AGRICULTURAL  EQUIPMENT MANUFACTURED BY OR ON BEHALF OF,
 SOLD OR OTHERWISE SUPPLIED BY THE ORIGINAL EQUIPMENT MANUFACTURER.
   11. "PARTS PAIRING" REFERS TO THE PRACTICE BY MANUFACTURERS  OF  USING
 SOFTWARE TO IDENTIFY COMPONENT PARTS THROUGH A UNIQUE IDENTIFIER.
   12.  "TOOL"  MEANS  ANY SOFTWARE PROGRAM, HARDWARE IMPLEMENT, OR OTHER
 APPARATUS USED FOR DIAGNOSIS, MAINTENANCE,  OR  REPAIR  OF  AGRICULTURAL
 EQUIPMENT,  INCLUDING  SOFTWARE  OR  OTHER  MECHANISMS  THAT  PROVISION,
 PROGRAM, OR PAIR A NEW PART, CALIBRATE  FUNCTIONALITY,  OR  PERFORM  ANY
 OTHER  FUNCTION  REQUIRED  TO BRING THE PRODUCT BACK TO FULLY FUNCTIONAL
 CONDITION, INCLUDING ANY UPDATES.
   13. "TRADE SECRET" MEANS PROPRIETARY  INFORMATION  OF  A  MANUFACTURER
 THAT IS PROTECTED FROM DISCLOSURE PURSUANT TO STATE OR FEDERAL LAW.
   14.  "UPDATES"  MEANS RECOMMENDED CORRECTIONS OR ADJUSTMENTS TO PARTS,
 TOOLS OR INFORMATION THAT ARE CREATED AND DISTRIBUTED  BY  THE  ORIGINAL
 EQUIPMENT  MANUFACTURER  AND USED IN OFFERING THE SERVICES OF DIAGNOSIS,
 MAINTENANCE OR REPAIR OF AGRICULTURAL EQUIPMENT.
   § 698-A. AGRICULTURAL  EQUIPMENT  REPAIR;  RIGHTS  OF  CONSUMERS.   1.
 REQUIREMENTS.  (A)  AN  ORIGINAL  EQUIPMENT MANUFACTURER OF AGRICULTURAL
 EQUIPMENT AND PARTS FOR SUCH EQUIPMENT THAT ARE SOLD OR USED IN NEW YORK
 STATE SHALL MAKE AVAILABLE TO ANY  INDEPENDENT  REPAIR  PROVIDER  AND/OR
 OWNER OF AGRICULTURAL EQUIPMENT MANUFACTURED BY OR ON BEHALF OF, OR SOLD
 BY  SUCH  ORIGINAL EQUIPMENT MANUFACTURER, ON FAIR AND REASONABLE TERMS,
 ANY DOCUMENTATION, PARTS, AND TOOLS, REQUIRED FOR THE DIAGNOSIS, MAINTE-
 NANCE, OR REPAIR OF SUCH  AGRICULTURAL  EQUIPMENT  AND  PARTS  FOR  SUCH
 EQUIPMENT, INCLUSIVE OF ANY UPDATES. SUCH DOCUMENTATION, PARTS AND TOOLS
 SHALL  BE  MADE  AVAILABLE  EITHER  DIRECTLY  BY SUCH ORIGINAL EQUIPMENT
 MANUFACTURER OR VIA AN AUTHORIZED REPAIR PROVIDER OR DISTRIBUTOR.
   (B) AN ORIGINAL EQUIPMENT MANUFACTURER SHALL NOT USE PARTS PAIRING  OR
 ANY OTHER MECHANISM TO:
   (I) PREVENT THE INSTALLATION OR FUNCTIONING OF ANY OTHERWISE-FUNCTION-
 AL  PART,  INCLUDING  A  NON-MANUFACTURER  APPROVED  REPLACEMENT PART OR
 COMPONENT;
   (II) INHIBIT OR REDUCE THE FUNCTIONING  OF  ANY  PART  OR  BOARD-LEVEL
 COMPONENT,  SUCH  THAT  REPLACEMENT BY AN INDEPENDENT REPAIR PROVIDER OR
 THE DEVICE OWNER MAY CAUSE THE DEVICE TO OPERATE WITH REDUCED  FUNCTION-
 ALITY OR PERFORMANCE;
   (III)  CREATE  FALSE, MISLEADING, DECEPTIVE, OR NON-DISMISSIBLE ALERTS
 OR WARNINGS ABOUT PARTS;
   (IV) CHARGE ADDITIONAL FEES OR INCREASED PRICES FOR FUTURE REPAIRS; OR
   (V) LIMIT WHO CAN PURCHASE DOCUMENTATION, PARTS, AND TOOLS OR  PERFORM
 REPAIR SERVICES.
   (C)  THE  ORIGINAL  EQUIPMENT  MANUFACTURER OF EQUIPMENT THAT REQUIRES
 DEACTIVATING AN ELECTRONIC LOCK FOR PURPOSES OF REPAIR SHALL MAKE AVAIL-
 ABLE TO ANY OWNER, OR INDEPENDENT  REPAIR  PROVIDER,  WITH  THE  EXPRESS
 PERMISSION  OF  THE  OWNER,  ON  FAIR  AND REASONABLE TERMS, ANY SPECIAL
 DOCUMENTATION, TOOLS, AND PARTS NEEDED TO ACCESS AND  RESET  SUCH  ELEC-
 TRONIC  LOCK  WHEN  DISABLED IN THE COURSE OF DIAGNOSIS, MAINTENANCE, OR
 S. 5771                             4
 
 REPAIR OF SUCH EQUIPMENT. SUCH DOCUMENTATION, TOOLS, AND  PARTS  MAY  BE
 MADE AVAILABLE THROUGH AN APPROPRIATE SECURE RELEASE SYSTEM.
   2.  LIMITATIONS.  (A)  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO
 REQUIRE AN ORIGINAL EQUIPMENT MANUFACTURER TO DIVULGE ANY  TRADE  SECRET
 TO  ANY  OWNER  OR  INDEPENDENT SERVICE PROVIDER, EXCEPT AS NECESSARY TO
 PERFORM DIAGNOSIS, MAINTENANCE, OR REPAIR ON FAIR AND REASONABLE TERMS.
   (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER THE  TERMS  OF
 ANY  ARRANGEMENT  MADE  FOR COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION
 ONE OF THIS SECTION IN FORCE BETWEEN AN AUTHORIZED REPAIR  PROVIDER  AND
 AN  ORIGINAL  EQUIPMENT MANUFACTURER, INCLUDING, BUT NOT LIMITED TO, THE
 PERFORMANCE OR PROVISION OF WARRANTY OR RECALL REPAIR WORK BY AN AUTHOR-
 IZED REPAIR PROVIDER ON BEHALF OF AN ORIGINAL EQUIPMENT MANUFACTURER AND
 PURSUANT TO SUCH ARRANGEMENT, EXCEPT THAT ANY PROVISION  IN  SUCH  TERMS
 THAT  PURPORTS TO WAIVE, AVOID, RESTRICT OR LIMIT THE ORIGINAL EQUIPMENT
 MANUFACTURER'S OBLIGATIONS TO COMPLY WITH THIS SECTION SHALL BE VOID AND
 UNENFORCEABLE.
   (C) NO ORIGINAL EQUIPMENT MANUFACTURER OR AUTHORIZED  REPAIR  PROVIDER
 SHALL  BE  LIABLE FOR ANY DAMAGE OR INJURY TO ANY AGRICULTURAL EQUIPMENT
 CAUSED BY AN INDEPENDENT REPAIR PROVIDER OR OWNER  WHICH  OCCURS  DURING
 THE  COURSE OF REPAIR, DIAGNOSIS, OR MAINTENANCE AND IS NOT ATTRIBUTABLE
 TO SUCH ORIGINAL EQUIPMENT MANUFACTURER OR  AUTHORIZED  REPAIR  PROVIDER
 OTHER  THAN  IF SUCH DAMAGE OR INJURY IS ATTRIBUTABLE TO DESIGN OR MANU-
 FACTURING DEFECTS.
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  A  MANUFAC-
 TURER  TO  MAKE  AVAILABLE  SPECIAL  DOCUMENTATION, TOOLS, OR PARTS THAT
 WOULD DISABLE OR OVERRIDE ANTI-THEFT SECURITY MEASURES SET BY THE  OWNER
 OF THE EQUIPMENT WITHOUT SUCH OWNER'S AUTHORIZATION.
   (E)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MANUFAC-
 TURER TO SELL A PART IF  SUCH  PART  IS  NO  LONGER  AVAILABLE  TO  SUCH
 MANUFACTURER.
   (F)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MANUFAC-
 TURER TO SELL ANY SERVICE MATERIALS THAT WOULD BE ILLEGAL TO  USE  UNDER
 FEDERAL OR STATE LAW.
   (G)  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO PREVENT A PARTS
 DEALER FROM PRICING GOODS OVER THE WHOLESALE PRICE OF SUCH GOODS.
   3. ENFORCEMENT. IF THE ATTORNEY GENERAL DETERMINES THAT A  FAILURE  TO
 PROVIDE  DOCUMENTATION,  PARTS,  OR  TOOLS  AS  DESCRIBED REQUIRED UNDER
 SUBDIVISION ONE OF THIS SECTION CONSTITUTES AN UNFAIR METHOD OF COMPETI-
 TION, FALSE ADVERTISING, OR UNFAIR OR DECEPTIVE  TRADE  PRACTICES  UNDER
 SECTION  THREE  HUNDRED FORTY-NINE OF THIS CHAPTER, ALL REMEDIES, PENAL-
 TIES, AND AUTHORITY GRANTED TO THE  ATTORNEY  GENERAL  BY  SUCH  SECTION
 THREE  HUNDRED FORTY-NINE SHALL BE AVAILABLE TO THE ATTORNEY GENERAL FOR
 THE ENFORCEMENT OF THIS SECTION.
   4. EXCLUSIONS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   (A) A MOTOR VEHICLE THAT IS DESIGNED TO TRANSPORT INDIVIDUALS OR PROP-
 ERTY ON A STREET OR HIGHWAY AND IS CERTIFIED BY A MOTOR VEHICLE MANUFAC-
 TURER UNDER ALL REQUIREMENTS FOR THE  DISTRIBUTION  AND  SALE  OF  MOTOR
 VEHICLES IN THE UNITED STATES; OR
   (B)  INDUSTRIAL,  CONSTRUCTION,  COMPACT CONSTRUCTION, MINING OR ROAD-
 BUILDING EQUIPMENT.
   5. APPLICABILITY. THIS SECTION SHALL APPLY TO EQUIPMENT FIRST MANUFAC-
 TURED AND SOLD ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.