Laws & Statutes › WA › WA-HB-1168
HB-1168
WA · State · USA
WA
USA
● Pending
Proposed Effective Date
2026-01-01
Washington Substitute House Bill 1168 — An Act Relating to increasing transparency in artificial intelligence; adding a new chapter to Title 19 RCW; and prescribing penalties
Requires developers of generative AI systems or services made publicly available to Washington residents to post training data documentation on their website before deployment and before each substantial modification. The documentation must cover dataset sources, data types, volume, IP status, presence of personal information, processing methods, collection timeframes, and use of synthetic data. Exempts systems used solely for security and integrity, aircraft operations in national airspace, or national security/military/defense purposes available only to federal entities. Enforced exclusively by the Washington Attorney General with a 45-day cure period and civil penalties of $5,000 per day of violation.
Passage Likelihood
Medium
Chamber No passage
Committee Passed
Majority party Yes
Bipartisan No
Prior session None
Legislative History
2025-01-06 introduced Prefiled for introduction.
2025-01-13 introduced First reading, referred to Technology, Economic Development, & Veterans.
2025-01-17 Public hearing in the House Committee on Technology, Economic Development, & Veterans at 10:30 AM. Public hearing in the House Committee on Technology, Economic Development, & Veterans at 10:30 AM.
2025-01-28 committee passage TEDV - Majority; 1st substitute bill be substituted, do pass.
2025-01-28 Executive action taken in the House Committee on Technology, Economic Development, & Veterans at 10:30 AM. Executive action taken in the House Committee on Technology, Economic Development, & Veterans at 10:30 AM.
2025-01-28 Minority; do not pass. Minority; do not pass.
2025-01-31 committee referral Referred to Appropriations.
2025-02-25 Public hearing in the House Committee on Appropriations at 1:30 PM. Public hearing in the House Committee on Appropriations at 1:30 PM.
2026-01-12 introduced By resolution, reintroduced and retained in present status.
2026-01-12 committee referral Referred to Technology, Economic Development, & Veterans.
2026-01-12 Committee relieved of further consideration. Committee relieved of further consideration.
Mapped Requirements
T-03 Training Data Disclosure
Official Sources
Full Text ↗
Entry Last Reviewed
2026-04-02
AI generated
Summary

Requires developers of generative AI systems or services made publicly available to Washington residents to post training data documentation on their website before deployment and before each substantial modification. The documentation must cover dataset sources, data types, volume, IP status, presence of personal information, processing methods, collection timeframes, and use of synthetic data. Exempts systems used solely for security and integrity, aircraft operations in national airspace, or national security/military/defense purposes available only to federal entities. Enforced exclusively by the Washington Attorney General with a 45-day cure period and civil penalties of $5,000 per day of violation.

Enforcement & Penalties
Enforcement Authority
Attorney general has exclusive enforcement authority. Enforcement is agency-initiated via civil action filed by the attorney general. Before bringing an action, the attorney general must notify the developer of the alleged violation if the attorney general determines a cure is possible. The developer has a 45-day cure period after receiving notice; if the violation is not cured within 45 days, the attorney general may bring a civil action without further notice. No private right of action.
Penalties
Civil penalty of $5,000 per day of being in violation. Civil penalties are collected in a civil action filed by the attorney general. No provision for actual damages, injunctive relief, or attorney fees for private parties. Statutory penalties do not require proof of actual harm.
Who Is Covered
"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.
What Is Covered
"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.
Compliance Obligations 2 obligations · click obligation ID to open requirement page
T-03 Training Data Disclosure · T-03.2 · Developer · Foundation Model
Sec. 2(1)(a)(i)-(x), (b)
Plain Language
Developers of generative AI systems or services must post detailed training data documentation on their website by January 1, 2026, and again before each subsequent release or substantial modification of a system released on or after January 1, 2022. The documentation must include a high-level summary covering ten enumerated categories: dataset sources/owners, how datasets relate to the system's intended purpose, data point counts (ranges and estimates permitted), data point types, whether data was purchased/licensed/public, presence of personal information, presence of aggregate consumer information, cleaning or processing applied, training or update dates, and use of synthetic data generation. The definition of 'training' is broad — it includes testing, validating, and fine-tuning. This is a public disclosure obligation, not a regulator-only submission.
Statutory Text
(1) On or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or service, or a substantial modification to a generative artificial intelligence system or service, 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 developer's internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service including, but not limited to: (a) A high-level summary of the datasets used in the development of the generative artificial intelligence system or service 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 service; (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 developer 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 information; (viii) Whether there was any cleaning, processing, or other modification to the datasets by the developer, including the intended purpose of those efforts in relation to the generative artificial intelligence system or service; (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 service; and (x) Whether the generative artificial intelligence system or service used or continuously uses synthetic data generation in its development. A developer 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.
T-03 Training Data Disclosure · T-03.2 · Developer · Foundation Model
Sec. 2(2)(a)-(c)
Plain Language
Three categories of generative AI systems are exempt from the training data disclosure requirement: (1) systems whose sole purpose is security and integrity (broadly defined to cover cybersecurity, fraud detection, law enforcement assistance, and physical safety); (2) systems whose sole purpose is aircraft operation in national airspace; and (3) systems developed for national security, military, or defense purposes that are available only to federal entities. The 'sole purpose' limitation is narrow — a multi-purpose system that also serves security functions would not qualify for the exemption. This provision modifies the obligation in Sec. 2(1) and creates no independent compliance obligation.
Statutory Text
(2) A developer is not required to post documentation regarding the data used to train a generative artificial intelligence system or service for any of the following: (a) A generative artificial intelligence system or service whose sole purpose is to help ensure security and integrity; (b) A generative artificial intelligence system or service whose sole purpose is the operation of aircraft in the national airspace; and (c) A generative artificial intelligence system or service developed for national security, military, or defense purposes that is made available only to a federal entity.