Use restrictions/food, med.

AN ACT Relating to prohibiting negative use restrictions on real 1
property that have the effect of limiting consumer access to food and 2
medicine; and adding a new chapter to Title 19 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The definitions in this section apply 5
throughout this chapter unless the context clearly requires 6
otherwise.7
(1) "Drug store" means a retail establishment or portion of a 8
retail establishment that sells nonprescription medication and may 9
also sell a wide range of consumer products for health, beauty, 10
personal care, and household use, and that includes a pharmacy within 11
the establishment. 12
(2) "Grocery store" means a retail establishment or portion of a 13
retail establishment that sells a wide range of groceries intended 14
primarily for home preparation and consumption, including fresh, 15
packaged, canned, dry, prepared or frozen food or beverage products, 16
and similar items. 17
(3) "Pharmacy" means an establishment that securely stores and 18
sells prescription medications. 19
(4) "Retail center" means a retail development with multiple 20
owners or tenants and that has at least one shared common area and is 21
H-2537.1
HOUSE BILL 2294
State of Washington 69th Legislature 2026 Regular Session
By Representatives Farivar, Zahn, Berry, Parshley, Ryu, Tharinger,
Reeves, Reed, Ramel, Obras, Cortes, Nance, Street, Duerr, Kloba,
Taylor, Doglio, Gregerson, Scott, Goodman, Macri, Fosse, Thai,
Pollet, Bernbaum, and Salahuddin
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Consumer Protection & Business.
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subject to common management or common control through one or more 1
restrictive covenants or easements. 2
NEW SECTION. Sec. 2. (1) Except as provided in subsection (3) 3
of this section, a private agreement that imposes a negative use 4
restriction upon real property in this state so as to prohibit or 5
restrict the use of such real property for a grocery store or 6
pharmacy when the use would otherwise be permitted under applicable 7
land use ordinances, including as a conditional use, is against 8
public policy, is prohibited, and is void and unenforceable. It is 9
unlawful for any person to enter an agreement that is prohibited by 10
this section or for any person who is the beneficiary of a negative 11
use restriction imposed by such an agreement to allow such a 12
restriction to remain or to refuse to release it.13
(2) Except as provided in subsection (3) of this section, the 14
prohibition in subsection (1) of this section: 15
(a) Applies to any private agreement incorporated into a 16
contract, deed restriction, restrictive covenant, lease, memorandum 17
of lease, or any other recorded or unrecorded instrument;18
(b) Includes a private agreement limiting the size of a grocery 19
store or pharmacy; and 20
(c) Applies to negative use restrictions that prohibit or 21
restrict the use of real property for a pharmacy alone and to 22
negative use restrictions that prohibit or restrict the use of real 23
property for a drug store. 24
(3) This section does not apply to: 25
(a) An agreement imposing a negative use restriction that became 26
effective prior to the effective date of this section;27
(b) An agreement that imposes a negative use restriction to 28
prohibit or restrict use of real property for a grocery store or 29
pharmacy after an owner or operator of a grocery store or pharmacy 30
discontinues operations of the grocery store or pharmacy on the 31
property for the purpose of relocating the grocery store or pharmacy, 32
if the following conditions are met: 33
(i) When compared to the discontinued store, the relocated store 34
or pharmacy is similar in size or larger and similar in the scope of 35
products sold; 36
(ii) The relocated grocery store or pharmacy is located within 37
one-half mile of the discontinued site, except as provided in section 38
3 of this act; 39
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(iii) Relocation and the commencement of operations at the new 1
site occurs within one year following the discontinued store's 2
closure, except as provided in section 3 of this act; and3
(iv) The negative use restriction imposed on the prior site does 4
not have a term in excess of three years from the date of the 5
closure, except as provided in section 3 of this act; or6
(c)(i) Except as provided in (c)(ii) of this subsection, an 7
agreement that imposes a negative use restriction to prohibit or 8
restrict use of real property for a grocery store or pharmacy in 9
order to limit competition or conflicting uses within the confines of 10
a retail center by allowing only a limited number of grocery stores 11
or pharmacies within the retail center. 12
(ii) It remains unlawful for any owner or operator who 13
discontinues grocery store or pharmacy use at a site within a retail 14
center for a period exceeding one year, or the time period under 15
section 3 of this act, to seek to enforce a negative use restriction 16
prohibiting or restricting grocery store or pharmacy uses within the 17
retail center. 18
NEW SECTION. Sec. 3. (1) A city, town, or county may establish 19
that upon the written request of an owner or operator and the 20
requestor's presentation of evidence establishing extenuating 21
circumstances that demonstrate good cause for the extension, the 22
city, town, or county may, by written determination, extend the 23
following as they apply to the requestor:24
(a) The distance limit in section 2 (b)(ii) of this act to no more 25
than one mile; 26
(b) The time requirement in section 2(b)(iii) of this act;27
(c) The term limit in section 2(b)(iv) of this act; and28
(d) The time period in section 2(c)(ii) of this act.29
(2) Factors for considering good cause include but are not 30
limited to: 31
(a) Maintaining or increasing food and medicine access in the 32
surrounding area, including the area around the discontinued site;33
(b) Needs related to financing and construction for the new 34
location; and 35
(c) Promoting private investment in the surrounding area.36
NEW SECTION. Sec. 4. (1) The attorney general may enforce this 37
chapter through chapter 19.86 RCW.38
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(2)(a) A city, town, or county may enforce this chapter through a 1
cause of action in a court of competent jurisdiction including 2
declaratory relief, injunctive relief, or other legal or equitable 3
remedy as appropriate to carry out the purpose and intent of this 4
chapter. 5
(b) A city or town may enforce this chapter with respect to real 6
property located in the city or town. A county may only enforce this 7
chapter with respect to real property located in an unincorporated 8
area of the county. 9
(c) Nothing in this chapter prevents a city, town, or county from 10
enacting or enforcing an ordinance imposing a civil penalty, or 11
authorizing other relief, for a violation of a local ordinance that 12
is similar to the prohibition in section 2 of this act.13
NEW SECTION. Sec. 5. (1) The legislature finds that the 14
practices covered by this chapter are matters vitally affecting the 15
public interest for the purpose of applying the consumer protection 16
act, chapter 19.86 RCW. A violation of this chapter is not reasonable 17
in relation to the development and preservation of business and is an 18
unfair or deceptive act in trade or commerce, an unfair method of 19
competition, and a restraint of trade or commerce for the purpose of 20
applying the consumer protection act, chapter 19.86 RCW.21
(2) Enforcement of section 2 of this act through chapter 19.86 22
RCW is solely the authority of the attorney general.23
NEW SECTION. Sec. 6. If any provision of this act or its 24
application to any person or circumstance is held invalid, the 25
remainder of the act or the application of the provision to other 26
persons or circumstances is not affected.27
NEW SECTION. Sec. 7. Sections 1 through 5 of this act 28
constitute a new chapter in Title 19 RCW.29
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