WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) "Aggregate consumer informationAggregate consumer information"Aggregate consumer information" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. "Aggregate consumer information" does not mean one or more individual consumer records that have been deidentified.Sec. 1(1)" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. "Aggregate consumer informationAggregate consumer information"Aggregate consumer information" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. "Aggregate consumer information" does not mean one or more individual consumer records that have been deidentified.Sec. 1(1)" does not mean one or more individual consumer records that have been deidentified.
(2) "Artificial intelligence system or serviceArtificial intelligence system or service"Artificial intelligence system or service" means an engineered or machine-based system or service that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Sec. 1(2)" means an engineered or machine-based system or service that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(3) "DeveloperDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3)" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or serviceArtificial intelligence system or service"Artificial intelligence system or service" means an engineered or machine-based system or service that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Sec. 1(2) intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.
(4) "Generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4)" means an artificial intelligence system or serviceArtificial intelligence system or service"Artificial intelligence system or service" means an engineered or machine-based system or service that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Sec. 1(2) that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.
(5) "Security and integritySecurity and integrity"Security and integrity" means the ability of: (a) Networks or information systems to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information; (b) Developers, users, or businesses to detect security incidents, resist malicious, deceptive, fraudulent, or illegal actions and to help prosecute those responsible for those actions; and (c) Developers, users, or businesses to ensure the physical safety of natural persons.Sec. 1(5)" means the ability of: (a) Networks or information systems to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information; (b) DevelopersDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3), users, or businesses to detect security incidents, resist malicious, deceptive, fraudulent, or illegal actions and to help prosecute those responsible for those actions; and (c) DevelopersDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3), users, or businesses to ensure the physical safety of natural persons.
(6) "Substantially modifiesSubstantially modifies"Substantially modifies" or "substantial modification" means a new version, new release, or other update to a generative artificial intelligence system or service that materially changes its functionality or performance, including the results of retraining or fine tuning.Sec. 1(6)" or "substantial modification" means a new version, new release, or other update to a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4) that materially changes its functionality or performance, including the results of retraining or fine tuning.
(7) "Synthetic data generationSynthetic data generation"Synthetic data generation" means a process in which original data are used to create artificial data that have some of the statistical characteristics of the original data.Sec. 1(7)" means a process in which original data are used to create artificial data that have some of the statistical characteristics of the original data.
(8) "Train a generative artificial intelligence system or serviceTrain a generative artificial intelligence system or service"Train a generative artificial intelligence system or service" includes testing, validating, or fine tuning by the developer of the generative artificial intelligence system or service.Sec. 1(8)" includes testing, validating, or fine tuning by the developer of the generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4).
Section 1 establishes the definitional framework for the chapter. Key definitions include developer (broadly inclusive of persons, partnerships, and government agencies, but excluding internal-use, research-only, and API-without-modification users), generative artificial intelligence system or service (any AI system that generates synthetic content emulating training data), and substantial modification (any update materially changing functionality or performance, including retraining and fine-tuning). The definition of train is expansive, encompassing testing, validating, and fine-tuning.
(1)(a)(i)–(x) 1 On or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4), or a substantial modification to a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4), released on or after January 1, 2022, is made publicly available to Washingtonians for use, regardless of whether the terms of that use include compensation, the developer of the system or service shall post on the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3)'s internet website documentation regarding the data used by the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3) to train the generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4) including, but not limited to: (a) A high-level summary of the datasets used in the development of the generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4) including, but not limited to: (i) The sources or owners of the datasets; (ii) A description of how the datasets further the intended purpose of the generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4); (iii) The number of data points included in the datasets, which may be in general ranges, and with estimated figures for dynamic datasets; (iv) A description of the types of data points within the datasets; (v) Whether the datasets were purchased or licensed by the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3) or if the datasets were publicly available; (vi) Whether the datasets include personal information, as defined in RCW 19.373.010; (vii) Whether the datasets include aggregate consumer informationAggregate consumer information"Aggregate consumer information" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. "Aggregate consumer information" does not mean one or more individual consumer records that have been deidentified.Sec. 1(1); (viii) Whether there was any cleaning, processing, or other modification to the datasets by the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3), including the intended purpose of those efforts in relation to the generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4); (ix) The dates the datasets were first trained or the date of the last significant update to the datasets during the development of the generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4); and (x) Whether the generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4) used or continuously uses synthetic data generationSynthetic data generation"Synthetic data generation" means a process in which original data are used to create artificial data that have some of the statistical characteristics of the original data.Sec. 1(7) in its development. A developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3) may include a description of the functional need or desired purpose of the synthetic data in relation to the intended purpose of the system or service. (b) For purposes of this subsection, the following definitions apply: (i) As applied to datasets that include labels, "types of data points" means the types of labels used; and (ii) As applied to datasets without labeling, "types of data points" refers to the general characteristics.
(2)(a)–(c) 1 A developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3) is not required to post documentation regarding the data used to train a generative artificial intelligence system or serviceTrain a generative artificial intelligence system or service"Train a generative artificial intelligence system or service" includes testing, validating, or fine tuning by the developer of the generative artificial intelligence system or service.Sec. 1(8) for any of the following: (a) A generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4) whose sole purpose is to help ensure security and integritySecurity and integrity"Security and integrity" means the ability of: (a) Networks or information systems to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information; (b) Developers, users, or businesses to detect security incidents, resist malicious, deceptive, fraudulent, or illegal actions and to help prosecute those responsible for those actions; and (c) Developers, users, or businesses to ensure the physical safety of natural persons.Sec. 1(5); (b) A generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4) whose sole purpose is the operation of aircraft in the national airspace; and (c) A generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means an artificial intelligence system or service that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence system's or service's training data.Sec. 1(4) developed for national security, military, or defense purposes that is made available only to a federal entity.
Section 2 is the bill's sole operative provision, requiring developers to publicly post training data documentation on their website before making a generative AI system or service available to Washington residents. The disclosure obligation is triggered both for initial releases and for each substantial modification, and applies retroactively to systems released on or after January 1, 2022. Initial compliance is required by January 1, 2026.
The required disclosure is granular: developers must provide a high-level summary covering ten enumerated data categories — sources, purpose, volume, data types, IP status, personal information presence, aggregate consumer information, processing modifications, training dates, and synthetic data usage. Subsection (2) carves out three categories of systems from the disclosure requirement: security-and-integrity-only systems, aircraft-operation-only systems, and national security/military/defense systems available only to federal entities.
(1) The attorney general shall enforce this chapter, and a developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3) who is found in violation of this chapter is liable for a civil penalty in the amount of $5,000 per day of being in violation of this chapter. Civil penalties must be collected in a civil action filed by the attorney general.
(2) Before bringing an action under subsection (1) of this section, the attorney general shall notify a developer of the alleged violation if the attorney general determines that a cure is possible. If the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation primarily engaged in designing, coding, producing, or substantially modifying an artificial intelligence system or service intended for commercial distribution or public use. For the purposes of this definition, "members of the public" does not include an affiliate as defined in RCW 19.146.010 or a hospital's medical staff member. This definition excludes individuals or entities that develop artificial intelligence systems or services solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification.Sec. 1(3) fails to cure the violation within 45 days after receiving notice of the violation, the attorney general may bring a civil action without further notice.
Section 3 vests enforcement authority exclusively in the Washington Attorney General via civil action. The penalty is $5,000 per day of violation — a continuing-violation structure that incentivizes prompt cure. Before bringing suit, the attorney general must notify the developer and allow a 45-day cure period if the attorney general determines a cure is possible. If the developer fails to cure within 45 days, the attorney general may file a civil action without further notice.
No private right of action is created. The cure-period requirement is conditional on the attorney general's determination that a cure is possible, meaning it does not apply in all cases.
Sections 1 through 3 of this act constitute a new chapter in Title 19 RCW.
Section 4 is a codification directive establishing Sections 1 through 3 as a new chapter in Title 19 RCW (Regulation of Business). No substantive obligations are created.