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)–(8) "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 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(2)" 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. (3) "DeveloperDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3)" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop 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(2) systems solely for internal use or research purposes or those that utilize third-party 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(2) systems via application programming interface without substantial modificationSubstantial modification"Substantial modification" means a new version, new release, or substantial update from the developer, or an intentional and deliberate change to a generative artificial intelligence system by a deployer, that materially changes its functionality or performance in a manner that was not reasonably foreseeable to the developer at the time the artificial intelligence system was made publicly available by the developer.Sec. 1(6). This definition also excludes public entities and tribal nations. (4) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4)" means 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(2) system that generates novel data or content based on a foundation model. (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, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.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, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3), users, or businesses to ensure the physical safety of natural persons. (6) "Substantial modificationSubstantial modification"Substantial modification" means a new version, new release, or substantial update from the developer, or an intentional and deliberate change to a generative artificial intelligence system by a deployer, that materially changes its functionality or performance in a manner that was not reasonably foreseeable to the developer at the time the artificial intelligence system was made publicly available by the developer.Sec. 1(6)" means a new version, new release, or substantial update from the developerDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3), or an intentional and deliberate change to a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system by a deployer, that materially changes its functionality or performance in a manner that was not reasonably foreseeable to the developerDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3) at the time the 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(2) system was made publicly available by the developerDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3). (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 systemTrain a generative artificial intelligence system"Train a generative artificial intelligence system" includes testing, validating, or fine tuning by the developer of the generative artificial intelligence system.Sec. 1(8)" includes testing, validating, or fine tuning by the developer of the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system.
Section 1 establishes the defined terms used throughout the chapter. The Developer definition is notable for its breadth — it covers any person, partnership, or corporation primarily engaged in developing or substantially modifying a generative AI system for commercial distribution or public use — and for its carve-outs: internal-use-only developers, pure API consumers without substantial modification, public entities, and tribal nations are all excluded. The definition of train expressly encompasses testing, validating, and fine-tuning, broadening the disclosure trigger beyond initial training runs. Substantial modification captures new versions, releases, and material deployer changes, creating a re-disclosure trigger each time a system is meaningfully updated.
(1) 1 On or before January 1, 2027, and before each time thereafter that a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system, or a substantial modificationSubstantial modification"Substantial modification" means a new version, new release, or substantial update from the developer, or an intentional and deliberate change to a generative artificial intelligence system by a deployer, that materially changes its functionality or performance in a manner that was not reasonably foreseeable to the developer at the time the artificial intelligence system was made publicly available by the developer.Sec. 1(6) to a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system, 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 shall post on the developerDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3)'s internet website documentation regarding the data used by the developerDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3) to train the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system including, but not limited to, a high-level summary of the datasets used in the development of the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system including, but not limited to: (a) The sources of the datasets; (b) A general description of how the datasets further the intended purpose of the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system; (c) The number of data points included in the datasets, which may be in general ranges, and with estimated figures for dynamic datasets; (d) A high-level description of the types of data points within the datasets; (e) Whether the datasets include any data protected by copyright, trademark, or patent, or whether the datasets are entirely in the public domain; (f) Whether the datasets were purchased or licensed by the developerDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3); (g) Whether the datasets include personal information, as defined in RCW 19.373.010; (h) 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); (i) Whether there was any cleaning, processing, or other modification to the datasets by the developerDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3), including the intended purpose of those efforts in relation to the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system; (j) 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 intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system; (k) Whether the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system 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, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.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; and (l) A detailed description of steps taken to eliminate child sexual abuse material from new datasets used to train a generative artificial intelligence systemTrain a generative artificial intelligence system"Train a generative artificial intelligence system" includes testing, validating, or fine tuning by the developer of the generative artificial intelligence system.Sec. 1(8), as well as steps taken to remove child sexual abuse material from existing training datasets.
(2) A developerDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3) is not required to post documentation regarding the data used to train a generative artificial intelligence systemTrain a generative artificial intelligence system"Train a generative artificial intelligence system" includes testing, validating, or fine tuning by the developer of the generative artificial intelligence system.Sec. 1(8) for any of the following: (a) A generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system 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 intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system whose sole purpose is the operation of aircraft in the national airspace; and (c) A generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) system developed for national security, military, or defense purposes that is made available only to a federal entity.
(3) The requirements in this chapter do not apply to generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.Sec. 1(4) systems that are subject to applicable requirements under the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq., as amended.
Section 2 is the operative core of the bill. Subsection (1) requires developers to publish training data documentation on their website before making a generative AI system — or any substantial modification — publicly available to Washington residents. The obligation is retrospective, capturing systems released on or after January 1, 2022, with initial compliance due by January 1, 2027. The disclosure covers twelve enumerated categories of information, including dataset sources, data types, volume, IP status, personal information presence, processing methods, training dates, synthetic data use, and — notably — a detailed description of CSAM elimination steps.
Subsections (2) and (3) carve out security-only systems, aviation systems, national-security/defense systems made available only to federal entities, and systems regulated under the federal Food, Drug, and Cosmetic Act.
Section 2 of this act shall be construed to require developersDeveloper"Developer" means a person, partnership, or corporation primarily engaged in developing or substantially modifying a generative artificial intelligence system intended for commercial distribution or public use. For the purposes of this subsection, "public use" does not include use by an affiliate as defined in RCW 19.146.010. This definition excludes individuals or entities that develop artificial intelligence systems solely for internal use or research purposes or those that utilize third-party artificial intelligence systems via application programming interface without substantial modification. This definition also excludes public entities and tribal nations.Sec. 1(3) to comply based on the generally acknowledged state of the art, which may include, but is not limited to, guidance issued by the national institute of standards and technology, without compromising their own intellectual property rights or trade secrets.
Section 3 provides a compliance-standard construction rule: the disclosure requirements of Section 2 are to be applied in accordance with the generally acknowledged state of the art, which may include NIST guidance. The section also includes an express trade-secret and intellectual-property savings clause — developers need not compromise proprietary information to comply. This effectively creates a reasonableness ceiling on the disclosure obligation and may function as a safe harbor for developers who follow NIST guidance.
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. 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.
Section 4 incorporates violations of the chapter into the Washington Consumer Protection Act (RCW 19.86) by declaring them per se unfair or deceptive acts in trade or commerce and unfair methods of competition. This is significant because the per se designation eliminates the need for the Attorney General or a private plaintiff to independently prove the unfair-or-deceptive element — a violation of the training data disclosure requirement automatically satisfies that element. Enforcement is available both through AG action and through the CPA's private right of action.
Sections 1 through 4 of this act constitute a new chapter in Title 19 RCW.
Section 5 is a codification directive placing Sections 1 through 4 as a new chapter in Title 19 RCW (Businesses — Certain Activities). This is a ministerial provision creating no compliance obligation.