The Capital

‘Right to repair’ equipment on farms is gaining traction

- By Jesse Bedayn

DENVER — On Colorado’s northeaste­rn plains, where the horizon divides golden fields and blue sky, a farmer named Danny Wood scrambles to plant and harvest proso millet, dryland corn and winter wheat in short, seasonal windows. That is until his high-tech Steiger 370 tractor conks out.

The tractor’s manufactur­er doesn’t allow Wood to make certain fixes, and last spring his fertilizin­g operations were stalled for three days before the servicer arrived to add a few lines of computer code for $950.

“That’s where they have us over the barrel, it’s more like we are renting it than buying it,” said Wood, who spent $300,000 on the used tractor.

Wood’s plight, echoed by farmers across the country, has pushed lawmakers in Colorado and 10 other states to introduce bills that would force manufactur­ers to provide the tools, software, parts and manuals needed for farmers to do their own repairs — thereby avoiding steep labor costs and delays that imperil profits.

“The manufactur­ers and the dealers have a monopoly on that repair market because it’s lucrative,” said Rep. Brianna Titone, a Democrat and one of the bill’s sponsors. “(Farmers) just want to get their machine going again.”

In Colorado, the legislatio­n largely is being pushed by Democrats while Republican­s find themselves stuck in a tough spot: torn between right-leaning farming constituen­ts asking to be able to repair their own machines and the manufactur­ing businesses that oppose the idea.

The manufactur­ers argue that changing the current practice with this type of legislatio­n would force companies to expose trade secrets. They also say it would make it easier for farmers to tinker with the software and illegally crank up the horsepower and bypass the emissions controller — risking operators’ safety and the environmen­t.

Similar arguments concerning intellectu­al property have been leveled against the broader campaign called “right to repair,” which has picked up steam across the country, crusading for the right to fix everything from iPhones to hospital ventilator­s during the pandemic.

In 2011, Congress tried passing a right to repair law for car owners and independen­t servicers. That bill did not pass, but a few years later, automotive industry groups agreed to a memorandum of understand­ing to give them access to tools and informatio­n to fix problems.

In 2021, the Federal Trade Commission pledged to beef up its right to repair enforcemen­t at the direction of President Joe Biden. And last year, Titone sponsored and passed Colorado’s first right to repair law, empowering those who use wheelchair­s with the tools and informatio­n to fix them.

For the right to repair farm equipment — from thin tractors used between grape vines to behemoth combines for harvesting grain that can cost over half a million dollars — Colorado is joined by 10 states including Florida, Maryland, Missouri, New Jersey, Texas and Vermont.

Many of the bills are finding bipartisan support, said Nathan Proctor, who leads Public Interest Research Group’s national right to repair campaign. But in Colorado’s House committee on agricultur­e, Democrats pushed the bill forward in a 9-4 vote along party lines, with Republican­s in opposition even though the bill’s second sponsor is Republican Rep. Ron Weinberg.

“That’s really surprising, and that upset me,” said Wood, a Republican.

Rep. Richard Holtorf, the Republican who represents Wood’s district and is a farmer himself, said he’s being pulled between his constituen­ts and the dealership­s in his district. He voted against the measure because he believes it will financiall­y impact local dealership­s in rural areas and could jeopardize trade secrets.

 ?? DANNY WOOD 2022 ?? Danny Wood’s tractor last spring on his farm in Colorado. Wood’s tractor broke down, but the manufactur­er doesn’t allow him to make certain repairs.
DANNY WOOD 2022 Danny Wood’s tractor last spring on his farm in Colorado. Wood’s tractor broke down, but the manufactur­er doesn’t allow him to make certain repairs.

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