WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.Sec. 1(1)" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.
(2) "Covered providerCovered provider"Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.Sec. 1(2)" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video.Sec. 1(3) system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered providerCovered provider"Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.Sec. 1(2)" does not include state, local, and tribal governments.
(3) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video.Sec. 1(3)" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video.
(4) "Provenance dataProvenance data"Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.Sec. 1(4)" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.
Section 1 establishes the definitions used throughout the new Title 19 RCW chapter. The four defined terms set the bill's scope: covered provider is limited to entities producing generative AI systems with over one million monthly users accessible in Washington for personal consumer use, explicitly excluding state, local, and tribal governments. Generative artificial intelligence is defined by output modality — images, audio, or video — and does not expressly cover text-only generation. Provenance data is defined broadly to include both embedded data and metadata.
(1) 1 To the extent commercially and technically reasonable, a covered providerCovered provider"Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.Sec. 1(2) shall include provenance dataProvenance data"Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.Sec. 1(4) in any video, image, or audio content, or content that is any combination thereof, created or materially alteredMaterially altered"Materially altered" means a significant change that substantially alters the data in content. "Materially altered" does not include minor modifications that do not lead to significant changes to the perceived content or meaning of the content. Minor modifications include: Changes to brightness, contrast, or color; sharpening; saturating; applying filters; resizing; scaling; cropping; format conversions; resampling; denoising; and removal of background noise in audio.Sec. 2(4) by the covered providerCovered provider"Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.Sec. 1(2)'s generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video.Sec. 1(3) system and that is subject to the terms of this chapter. The provenance dataProvenance data"Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.Sec. 1(4) must allow a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or materially alteredMaterially altered"Materially altered" means a significant change that substantially alters the data in content. "Materially altered" does not include minor modifications that do not lead to significant changes to the perceived content or meaning of the content. Minor modifications include: Changes to brightness, contrast, or color; sharpening; saturating; applying filters; resizing; scaling; cropping; format conversions; resampling; denoising; and removal of background noise in audio.Sec. 2(4) by the covered providerCovered provider"Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.Sec. 1(2)'s generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video.Sec. 1(3) system.
(2) 2 A covered providerCovered provider"Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.Sec. 1(2) must use commercially and technically reasonable methods to make the provenance dataProvenance data"Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.Sec. 1(4) difficult to remove or tamper with. The use of a commonly supported technical standard for watermarking or metadata, such as the coalition for content provenance and authenticity specification, for provenance dataProvenance data"Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.Sec. 1(4) is considered compliant with this subsection.
(3) A covered providerCovered provider"Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.Sec. 1(2) may not be required under this section to include any information relating to an identified or reasonably identifiable individual in provenance dataProvenance data"Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.Sec. 1(4) included in content created or content materially alteredMaterially altered"Materially altered" means a significant change that substantially alters the data in content. "Materially altered" does not include minor modifications that do not lead to significant changes to the perceived content or meaning of the content. Minor modifications include: Changes to brightness, contrast, or color; sharpening; saturating; applying filters; resizing; scaling; cropping; format conversions; resampling; denoising; and removal of background noise in audio.Sec. 2(4) by the covered providerCovered provider"Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.Sec. 1(2)'s generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video.Sec. 1(3) system.
(4) For the purposes of this section, "materially alteredMaterially altered"Materially altered" means a significant change that substantially alters the data in content. "Materially altered" does not include minor modifications that do not lead to significant changes to the perceived content or meaning of the content. Minor modifications include: Changes to brightness, contrast, or color; sharpening; saturating; applying filters; resizing; scaling; cropping; format conversions; resampling; denoising; and removal of background noise in audio.Sec. 2(4)" means a significant change that substantially alters the data in content. "Materially alteredMaterially altered"Materially altered" means a significant change that substantially alters the data in content. "Materially altered" does not include minor modifications that do not lead to significant changes to the perceived content or meaning of the content. Minor modifications include: Changes to brightness, contrast, or color; sharpening; saturating; applying filters; resizing; scaling; cropping; format conversions; resampling; denoising; and removal of background noise in audio.Sec. 2(4)" does not include minor modifications that do not lead to significant changes to the perceived content or meaning of the content. Minor modifications include: Changes to brightness, contrast, or color; sharpening; saturating; applying filters; resizing; scaling; cropping; format conversions; resampling; denoising; and removal of background noise in audio.
Section 2 is the bill's core operative provision. It imposes two related but distinct obligations on covered providers. First, subsection (1) requires embedding provenance data in any AI-generated or materially altered image, video, or audio content, to the extent commercially and technically reasonable. The provenance data must allow users to assess whether the content was AI-generated or materially altered. Second, subsection (2) requires covered providers to use commercially and technically reasonable methods to make the provenance data difficult to remove or tamper with, with a safe harbor for commonly supported standards such as C2PA.
Subsection (3) provides a privacy carve-out: provenance data may not be required to include personally identifiable information. Subsection (4) defines materially altered with a carve-out for minor modifications such as brightness, contrast, cropping, and format conversions.
(1) Nothing in this chapter may be construed to require the disclosure of a trade secret or confidential or proprietary information about the design or use of an artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.Sec. 1(1) system.
(2) Nothing in this chapter may be construed to apply to any business-to-business uses, sales, licensing, or distribution of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video.Sec. 1(3) systems.
Section 3 contains two savings clauses. Subsection (1) protects trade secrets and confidential or proprietary information about AI system design or use from compelled disclosure under this chapter. Subsection (2) excludes all business-to-business uses, sales, licensing, or distribution of generative AI systems from the chapter's scope. Neither provision creates an affirmative compliance obligation.
(1) Any waiver of the provisions of this chapter is contrary to public policy and is void and unenforceable.
(2) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce this chapter. For actions brought by the attorney general to enforce this chapter, the legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. For actions brought by the attorney general to enforce this chapter, a violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act, chapter 19.86 RCW.
(3) Only the attorney general can bring an action under the consumer protection act, chapter 19.86 RCW, pursuant to this section.
Section 4 establishes the enforcement framework. Subsection (1) voids any waiver of the chapter's provisions as contrary to public policy. Subsection (2) authorizes the Attorney General to bring actions in the name of the state or as parens patriae under the Consumer Protection Act (ch. 19.86 RCW), designating violations as unfair or deceptive acts. Subsection (3) expressly limits CPA enforcement to AG-initiated actions — no private right of action exists. These are enforcement mechanics and do not create standalone compliance obligations.
(1) This chapter does not apply to any product, service, internet website, or application that provides exclusively video game or interactive experiences including, but not limited to, the sale of goods or services directly to consumers through the internet, allowing customers to browse, select, and purchase items virtually.
(2) This chapter does not apply to systems used solely for upscaling, noise reduction, or compression.
Section 5 carves out two categories from the chapter's scope. Subsection (1) exempts products, services, websites, or applications that exclusively provide video game or interactive experiences, including e-commerce. Subsection (2) exempts systems used solely for upscaling, noise reduction, or compression. These are scope limitations, not affirmative obligations.
(1)(a)–(c) 3 A government agency that makes available an artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.Sec. 1(1) system intended to interact with consumers must disclose to each consumer, before or at the time of interaction, that the consumer is interacting with an artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.Sec. 1(1) system. The disclosure must be: (a) Clear and conspicuously posted; (b) Written in plain language; and (c) May not use a dark pattern.
(2) 3 The disclosure may be provided by using a hyperlink to direct a consumer to a separate web page.
(3) 3 An agency is required to make the disclosure under subsection (1) of this section regardless of whether it would be obvious to a reasonable consumer that the consumer is interacting with an artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.Sec. 1(1) system.
(4) For the purposes of this section, "artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.Sec. 1(1) system" has the same meaning as in section 1 of this act.
Section 6 creates a separate chapter in Title 42 RCW imposing an unconditional AI identity disclosure obligation on government agencies. Any government agency that makes available an AI system intended to interact with consumers must disclose to each consumer, before or at the time of interaction, that the consumer is interacting with AI. The disclosure must be clear, conspicuous, written in plain language, and must not use a dark pattern. Critically, subsection (3) makes this obligation unconditional — it applies regardless of whether a reasonable consumer would already recognize the system as AI. The disclosure may be provided via hyperlink to a separate web page.
Sections 1 through 5 and 9 of this act constitute a new chapter in Title 19 RCW.
Section 7 is a codification directive placing Sections 1 through 5 and 9 into a new chapter in Title 19 RCW (business regulations and consumer protection). No substantive obligation is created.
Section 6 of this act constitutes a new chapter in Title 42 RCW.
Section 8 is a codification directive placing Section 6 (government agency AI disclosure) into a new chapter in Title 42 RCW (public officers and agencies). No substantive obligation is created.
This act takes effect February 1, 2027.
Section 9 sets the effective date for the entire act at February 1, 2027.