Colorado Politics

‘Right to repair’ makes sense for Colorado consumers, but critical infrastructure is different | OPINION

By Chris Bresee

For many consumer products, the case for “right to repair” is easy to understand. If a phone, tractor, or household device breaks, people want fair access to the tools, parts and information needed to fix it.

But critical infrastructure is different.

As Colorado lawmakers consider Senate Bill 26-090, the goal should be to preserve these strong consumer protections while recognizing not all technologies carry the same risks.

The sophisticated equipment and systems that deliver electricity and support other essential services are not consumer gadgets. They are complex, specialized, often networked technologies operating in environments where a faulty repair or unauthorized access can create immediate and cascading safety, reliability and cybersecurity risks.

The bill would create a narrow exemption to ensure certain information technology equipment used in critical infrastructure is not treated the same as consumer devices under Colorado’s repair law.

This is not an argument against repair or against consumer rights. It is a recognition that fixing a smartphone is not the same as modifying the systems that keep the lights on.

Modern infrastructure depends on networked equipment, digital monitoring systems, industrial communications technologies and software-enabled controls, all operating within tightly managed environments that must meet strict safety, reliability and cybersecurity standards.

Improper repair, modification or unauthorized access could create risks far beyond a single device, with consequences for broader system operations and the delivery of essential services.

Consider a simple scenario: A third-party attempt to repair or modify a networked control device used in an electrical substation or industrial facility without access to the full system architecture or cybersecurity protocols. A seemingly minor change — a firmware update, a replacement component, or a configuration adjustment — introduces a vulnerability or causes the device to malfunction. The result may not be immediate, but over time it could disrupt operations, expose systems to cyber intrusion, or compromise the reliable delivery of power to homes and businesses.

For that reason, infrastructure equipment is typically maintained by trained technicians operating within established technical and safety protocols. It should remain that way.

Colorado has been an early leader in adopting right-to-repair policies, and those protections can play a significant role in empowering consumers.

But strong consumer policy should also recognize when a different framework is appropriate.

A targeted exemption for critical infrastructure equipment would allow Colorado’s consumer repair law to continue serving its intended purpose while avoiding unintended risks to the systems that support communities and power the state’s economy.

Consumer repair rights and infrastructure reliability do not have to be in conflict, but they do require clear lines. With a carefully tailored approach, policymakers can protect both.

Chris Bresee is the Denver-based director of state government affairs at the National Electrical Manufacturers Association.

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