As state legislatures convene across the country, issues affecting the agricultural community are at the forefront of state legislative agendas. From land ownership to innovation and safety in the industry, this year’s legislative landscape will affect critical aspects of agricultural practices.
The right-to-repair movement, built around the concept that consumers and independent repair businesses should have equal access to manufacturer materials for equipment repair, has gained momentum across various sectors, including the agriculture and irrigation industries, advocating for consumers’ ability to fix their own equipment without facing legal or technical barriers, according to the Repair Association, New York. This movement has found a significant battleground in agriculture, where some farmers seek autonomy over repairing their machinery.
Efforts to enact right-to-repair legislation have spanned industries beyond agriculture and included consumer electronics, health care equipment and medical devices. Critics of bills supporting the right to repair, such as Apple, argue that allowing consumers or repair businesses to work with proprietary parts could pose safety concerns for individuals undertaking repairs on complex equipment without the proper training.
According to Nathan Bowen, Irrigation Association, Fairfax, Virginia, advocacy and public affairs vice president, this is also true of agricultural equipment where the sophisticated nature of modern farming machinery, which often includes advanced technology, high-voltage electronics and software, raises the risk of accidents and malfunctions if not handled by trained professionals.
“After acknowledging the legitimate concerns around safety and the complexity of modern agricultural machinery, it’s important that any pathway that increases farmers’ ability to maintain and repair their own equipment, doesn’t compromise safety, regulatory compliance or manufacturers’ intellectual property,” says Bowen. “Our goal is to advocate for solutions that balance the need for innovation in agricultural technology and intellectual property protections with the practical, day-to-day requirements of those who feed the world.”
Our goal is to advocate for solutions that balance the need for innovation in agricultural technology and intellectual property protections with the practical, day-to-day requirements of those who feed the world.” – Nathan Bowen
In 2023, more than 20 states introduced legislation regarding the right to repair. That May, Governor Jared Polis of Colorado signed the nation’s first agricultural equipment right-to-repair legislation into law on April 25. The law specifically excludes irrigation equipment.
“I am proud to sign this important bipartisan legislation that saves hardworking farmers and ranchers time and money on repairs, and supports Colorado’s thriving agriculture industry,” Polis said in a statement at the time the bill was signed into law. “This is a common-sense bipartisan bill to help people avoid unnecessary delays from equipment repairs.”
In 2024, there are 21 right-to-repair-related bills introduced in state legislatures from Alaska to West Virginia.
In 2024, there are 21 right-to-repair-related bills introduced in state legislatures from Alaska to West Virginia.
The debate over the right to repair also intersects with the issue of intellectual property. Manufacturers of agricultural equipment argue that allowing unrestricted access to repair information and tools could lead to the infringement of their IP rights. One such example includes John Deere and its engine control unit, which, according to the National Agriculture Law Center, contains intellectual property that the manufacturer does not want made public. This includes proprietary software and technology that they say are integral to the functionality and efficiency of modern farming equipment. The tension between protecting these innovations and supporting farmers’ autonomy highlights the complex relationship between IP rights and the right to repair.
“In the context of irrigation equipment, where technology plays a crucial role in water efficiency and crop yield, it’s imperative to find a middle ground,” says Bowen. “We are committed to ensuring manufacturers’ intellectual property is protected, while also recognizing the needs of farmers to maintain equipment and keep their operations going.”
Ongoing legal action in the space includes court proceedings in an antitrust lawsuit filed against John Deere by a group of farmers. According to Progressive Farmer, attorneys for a group of more than 17 farmers who sued John Deere in the U.S. District Court for the District of Northern Illinois have asked the company for structured data available on Deere’s EQUIP system.
The case is delayed as Deere pursues information the farmers requested. According to the farmers’ motion, Deere is intentionally delaying the process.
“Deere is attempting to run the clock out on plaintiffs and deny their experts the time needed to discover and analyze critical structured data concerning Deere and authorized dealer pricing for parts and repair services that are critically important to establishing class-wide damages and antitrust liability,” the farmers said in their motion as reported by Progressive Farmer.
State legislatures across the United States are grappling with these issues, with varying approaches and policies. Colorado, for example, has been in the spotlight for its legislative efforts to limit the use of turf in landscaping through Senate Bill 24-005, which proposes significant changes in landscaping practices, especially those involving plant installation choice to manage water use.
“At the Irrigation Association, we’re closely monitoring a range of state legislative actions beyond the right-to-repair bills, understanding their potential impact on the agriculture and irrigation industries,” says Bowen. “With gridlock in Washington, it’s becoming even more important to stay informed and engage at the state level. That’s where we are seeing a tremendous amount of legislative activity that could shape water usage, land management practices and the future of sustainable agriculture.”
The topic of foreign ownership of agricultural land has emerged as another state-level contentious issue. With increasing instances of foreign entities acquiring significant tracts of U.S. farmland — foreign investment in U.S. agricultural land grew to about 40 million acres in 2021, per U.S. Department of Agriculture estimates — lawmakers and agricultural stakeholders are questioning the implications for national security, food sovereignty and local economies. This concern has prompted a closer examination of existing policies and the potential for new regulations to ensure that land ownership aligns with national interests.
Indiana, for example, recently introduced House Bill 1183, which seeks to restrict land ownership near military bases by entities from six adversarial nations, including China and Russia, and includes provisions regarding dual citizenship and proximity restrictions to military installations. As the bill aimed at protecting Indiana’s farmland from ownership by foreign adversaries nears final approval, it has sparked a late debate over economic development implications. Senate sponsors, voiced concerns regarding exemptions for a specific agricultural venture in northern Indiana amid revelations that 11 Chinese companies are eyeing projects within the state.
Senator Jean Leising, R-Indiana, a key proponent of the bill, emphasized the statewide importance of security over individual agricultural opportunities, highlighting a potential homeland security risk with exemptions. State Lt. Gov. Suzanne Crouch, echoing these sentiments and highlighting the bill’s national security stakes, urged for its passage.
“As [State] Secretary of Agriculture, I urge the Senate to pass HB 1183 to prohibit foreign adversaries from buying our farmland and land near military bases. China can buy our crops, not our farmland. We must act to protect our national security and agricultural freedom,” Crouch’s campaign wrote on X.
The Government Accountability Office also researched the issue and made six recommendations to the Department of Agriculture aimed at enhancing oversight and transparency of foreign investments in agricultural land. These include
These steps are intended to strengthen the framework for managing foreign investments, safeguarding national interests in the agricultural sector, according to the GAO’s report.
Engaging with the Irrigation Association offers a direct route for those interested in state legislative issues particularly within agriculture, says Nathan Bowen, Irrigation Association, Fairfax, Virginia, advocacy and public affairs vice president. By participating in IA initiatives, individuals can join efforts to influence policy, access educational resources and collaborate on solutions that advance water stewardship and enhance agricultural productivity. This involvement provides a platform for stakeholders to shape a sustainable future for agriculture, advocating for policies and practices that ensure the health of the industry and the safety of its community.
“As we navigate these complex discussions, our focus remains steadfast on empowering the agricultural community for the future,” says Bowen. “It’s about creating a framework where innovation, farmer autonomy and safety converge to foster a sustainable and secure agricultural landscape.”
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