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Committee reviews H.161 (Vermont Fair Repair Act) covering agriculture, electronic, and forestry equipment

3295267 · May 14, 2025
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Summary

Lawmakers discussed H.161, an omnibus right-to-repair bill that would extend repair rights to agricultural, electronic, and forestry equipment, exempt medical devices and motor vehicles, prohibit unreasonable burdens by OEMs, and include AG enforcement and a January 1, 2026 effective date.

The White House Committee on Commerce and Economic Development reviewed H.161, labeled in the meeting as the proposed "Vermont Fair Repair Act," which would require original equipment manufacturers to make parts, tools, and documentation available to independent repair providers and owners of agricultural, electronic, and forestry equipment. Rick Segal, Office of Legislative Council, described the bill as broader than the medical-device draft and said it "would be called the Vermont Fair Repair Act, also in chapter 160."

The draft sets definitions for "agricultural equipment," "electronic equipment," "forestry equipment," "authorized repair provider," "independent repair provider," "parts pairing," and "embedded software." It would require OEMs to offer parts, tools, and documentation on the same terms they provide to authorized repair providers and forbids imposing additional costs or restrictions that are not "reasonably necessary within the ordinary course of business." The draft also allows OEMs to satisfy obligations through authorized repair providers that consent to sell or make available parts and documentation on the manufacturer's behalf.

Committee members probed how the bill balances trade-secret protection against the obligation to provide repair information. Segal acknowledged OEMs regard documentation as a "big sticking point" and said the bill attempts to require access while preserving trade-secret protections. Members also raised questions about the phrase "ordinary course of business" and whether that standard will require judicial resolution; Segal said litigation history is limited and reasonableness will be fact-specific.

H.161 explicitly exempts medical devices (which H.160 addresses separately), motor vehicle manufacturers and dealers, and states that the chapter "shall not require a manufacturer of a medical device to implement a provision in this chapter that is not permitted under the federal Food, Drug, and Cosmetic Act or any other federal law that supersedes this section." The bill also addresses MOUs, noting that if an OEM is party to an MOU (for example, past agreements between John Deere and agricultural groups), the OEM remains obligated to meet the chapter's requirements and the attorney general would be notified in writing within 30 days after an MOU expires or is terminated. Segal read an intended effective date of Jan. 1, 2026.

Committee members did not take a vote. Members asked for further testimony and comment, particularly about trade-secret limits, the meaning of "reasonable" costs and burdens, and how MOUs should factor into compliance.