AI consumer protections

AN ACT Relating to consumer protections for artificial 1
intelligence systems; amending 2024 c 163 s 2 (uncodified); adding a 2
new chapter to Title 19 RCW; adding a new chapter to Title 42 RCW; 3
creating a new section; and providing expiration dates.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that artificial 6
intelligence is a dynamic technology that is changing the way 7
Washingtonians live, learn, and work. Emerging artificial 8
intelligence technologies seek to enhance information gathering and 9
decision making, create new efficiencies throughout the economy, and 10
advance scientific discovery. The legislature also recognizes that 11
there are potential risks associated with the rapid development and 12
deployment of artificial intelligence systems, including the 13
generation of bias and unintentional discrimination. These risks are 14
especially profound when an artificial intelligence system is used to 15
make decisions that have a material or legal impact on someone's 16
life.17
The legislature recognizes Washington's role as a leader and 18
innovator within the high-technology economy. The legislature intends 19
to adopt an artificial intelligence regulatory framework that 20
continues to promote innovation, reduce risk, and protect residents 21
H-3135.1
HOUSE BILL 2667
State of Washington 69th Legislature 2026 Regular Session
By Representatives Shavers, Barnard, and Hill
Read first time 01/26/26. Referred to Committee on Technology,
Economic Development, & Veterans.
p. 1 HB 2667
from discriminatory actions. The legislature further recognizes that 1
regulatory frameworks that align with national standards and specify 2
clear compliance requirements provide developers with certainty to 3
support continued innovation while also protecting consumers from 4
unfair or unclear artificial intelligence decisions.5
Therefore, it is the intent of the legislature to protect 6
Washingtonians from algorithmic discrimination by establishing a 7
comprehensive risk-based approach to artificial intelligence 8
accountability. The legislature intends to regulate deployers of 9
artificial intelligence under the presumption that they are acting in 10
good faith when they comply with the provisions of this act. The 11
legislature also intends to ensure that government agencies are 12
transparent and accountable by requiring disclosure when consumer 13
interactions are supported by an artificial intelligence system. 14
Finally, the legislature intends to extend and expand the work of the 15
artificial intelligence task force to develop a framework for the 16
adoption of artificial intelligence in the workplace in a way that 17
centers workers and protects fairness and opportunity.18
NEW SECTION. Sec. 2. The definitions in this section apply 19
throughout this chapter unless the context clearly requires 20
otherwise.21
(1) "Algorithmic discrimination": 22
(a) Means the use of an artificial intelligence system which 23
results in any unlawful differential impact that disfavors any 24
individual or group of individuals on the basis of chapter 49.60 RCW 25
or federal law; and 26
(b) Does not include the following: 27
(i) Any offer, license, or use of a high-risk artificial 28
intelligence system by a developer or deployer for the sole purpose 29
of: (A) The developer's or deployer's testing to identify, mitigate, 30
or prevent discrimination or otherwise ensure compliance with state 31
and federal law; or (B) expanding an applicant, customer, or 32
participant pool to increase diversity or redress historic 33
discrimination; or 34
(ii) Any act or omission by or on behalf of a private club or 35
other establishment not in fact open to the public, as set forth in 36
Title II of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000a (e), as 37
amended. 38
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(2) "Artificial intelligence" means the use of machine learning 1
and related technologies that use data to train statistical models 2
for the purpose of enabling computer systems to perform tasks 3
normally associated with human intelligence or perception, such as 4
computer vision, speech or natural language processing, and content 5
generation. 6
(3) "Consequential decision" means any decision that has a 7
material legal or similarly significant effect on the provision or 8
denial of any consumer's access to: 9
(a) Pardon, parole, probation, or release; 10
(b) Education enrollment or opportunity; 11
(c) Employment; 12
(d) A financial or lending service; 13
(e) An essential government service; 14
(f) Health care services; 15
(g) Housing; 16
(h) Insurance; or 17
(i) Legal service. 18
(4) "Consumer" means any individual who is a resident of this 19
state. 20
(5) "Deploys" or "deployed" means to put a high-risk artificial 21
intelligence system into use. 22
(6) "Deployer" means any person doing business in this state that 23
deploys a high-risk artificial intelligence system in the state.24
(7) "Developer" means any person doing business in this state 25
that develops, or intentionally and substantially modifies, a high-26
risk artificial intelligence system intended for use within the 27
state. 28
(8) "High-risk artificial intelligence system":29
(a) Means any artificial intelligence system designed by its 30
developer to, when deployed, make, or is a substantial factor in 31
making, a consequential decision; and 32
(b) Does not include: 33
(i) Any artificial intelligence system that is intended to:34
(A) Perform any narrow procedural task; 35
(B) Improve the result of a previously completed human activity;36
(C) Perform a preparatory task to an assessment relevant to a 37
consequential decision; or 38
(D) Detect any decision-making pattern, or any deviation from any 39
preexisting decision-making pattern; 40
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(ii) Any antifraud technology, antimalware, antivirus, 1
calculator, cybersecurity, database, data storage, firewall, internet 2
domain registration, internet website loading, networking, robocall-3
filtering, spam-filtering, spellchecking, spreadsheet, webcaching, 4
webhosting, search engine, or similar technology; or5
(iii) Any technology that communicates in natural language for 6
the purpose of providing users with information, making referrals or 7
recommendations, answering questions, or generating other content, 8
and is subject to an acceptable use policy that prohibits generating 9
content that is unlawful. 10
(9) "Intentional and substantial modification" or "intentionally 11
and substantially modifies" means a deliberate change made to an 12
artificial intelligence system that materially increases the risk of 13
algorithmic discrimination. 14
(10) "Person" means any individual, association, corporation, 15
limited liability company, partnership, trust, or other legal entity.16
(11) "Substantial factor" means a factor that is:17
(a) Considered when making a consequential decision;18
(b) Likely to alter the outcome of a consequential decision; and19
(c) Weighed more heavily by a deployer of the applicable high-20
risk artificial intelligence system than any other factor 21
contributing to the consequential decision. 22
NEW SECTION. Sec. 3. (1)(a) Beginning July 1, 2027, each 23
deployer of a high-risk artificial intelligence system must use 24
industry-standard means to protect consumers from any known or 25
reasonably foreseeable risks of algorithmic discrimination.26
(b) In any enforcement action brought on or after July 1, 2027, 27
by the attorney general pursuant to section 9 of this act, there is a 28
rebuttable presumption that a deployer of a high-risk artificial 29
intelligence system used reasonable care as required under this 30
section if the deployer complied with this chapter.31
(2)(a) By July 1, 2027, and at least annually thereafter, a 32
deployer or third party contracted by the deployer shall review the 33
deployment of each high-risk artificial intelligence system deployed 34
by the deployer to ensure that the high-risk artificial intelligence 35
system is not causing algorithmic discrimination. 36
(b) If a deployer subsequently discovers that the high-risk 37
artificial intelligence system has caused algorithmic discrimination, 38
the deployer, without unreasonable delay, but no later than 90 days 39
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after the date of the discovery, shall send to the attorney general, 1
in a form and manner prescribed by the attorney general, a notice 2
disclosing the discovery. 3
(3) Nothing in this section may be construed to require a 4
deployer to disclose any trade secret, or other confidential or 5
proprietary information. 6
NEW SECTION. Sec. 4. (1) Beginning July 1, 2027, and except as 7
provided in section 5 (6) of this act, each deployer of a high-risk 8
artificial intelligence system shall implement and maintain a risk 9
management policy and program to govern the deployer's deployment of 10
a high-risk artificial intelligence system.11
(2)(a) The risk management policy and program must specify and 12
incorporate the principles, processes, and personnel that the 13
deployer uses to identify, document, and mitigate known or reasonably 14
foreseeable risks of algorithmic discrimination. The risk management 15
policy and program must include an iterative process that is planned, 16
implemented, and regularly and systematically reviewed and updated 17
over the lifecycle of the high-risk artificial intelligence system.18
(b) A risk management policy and program implemented and 19
maintained pursuant to this subsection must be reasonable, 20
considering: 21
(i) The size and complexity of the deployer; 22
(ii) The nature and scope of the high-risk artificial 23
intelligence systems deployed by the deployer including, but not 24
limited to, the intended uses of such high-risk artificial 25
intelligence systems; 26
(iii) The sensitivity and volume of data processed in connection 27
with the high-risk artificial intelligence systems deployed by the 28
deployer; and 29
(iv) A risk management framework that either: 30
(A) Adheres to the guidance and standards set forth in the latest 31
version of the artificial intelligence risk management framework 32
published by the national institute of standards and technology, 33
ISO/IEC 42001, or another nationally or internationally recognized 34
risk management framework for artificial intelligence systems, if the 35
standards are substantially equivalent to or more stringent than the 36
requirements; or 37
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(B) Complies with any risk management framework for artificial 1
intelligence systems that the attorney general, in the attorney 2
general's discretion, may designate. 3
(c) A risk management policy and program implemented and 4
maintained pursuant to this subsection (2) may cover multiple high-5
risk artificial intelligence systems deployed by the deployer.6
(3) Nothing in this section may be construed to require a 7
deployer to disclose any trade secret, or other confidential or 8
proprietary information. 9
NEW SECTION. Sec. 5. (1) Except as provided in subsection (6) 10
of this section, a deployer that deploys a high-risk artificial 11
intelligence system on or after July 1, 2027, or a third party 12
contracted by the deployer for such purposes, shall complete an 13
impact assessment for:14
(a) The high-risk artificial intelligence system; and15
(b) A deployed high-risk artificial intelligence system no later 16
than 90 days after any intentional and substantial modification to 17
such high-risk artificial intelligence system is made available.18
(2) Each impact assessment completed pursuant to this section 19
must include, at a minimum, and to the extent reasonably known by, or 20
available to, the deployer: 21
(a) A statement by the deployer disclosing the purpose, intended 22
use cases and deployment context of, and benefits afforded by, the 23
high-risk artificial intelligence system; 24
(b) An analysis of whether the deployment of the high-risk 25
artificial intelligence system poses any known or reasonably 26
foreseeable risks of algorithmic discrimination and, if so, the 27
nature of such algorithmic discrimination and the steps that have 28
been taken to mitigate such risks; 29
(c) A description of the following: 30
(i) The categories of data the high-risk artificial intelligence 31
system processes as inputs; 32
(ii) The outputs the high-risk artificial intelligence system 33
produces; 34
(iii) Any metrics used to evaluate the performance and known 35
limitations of the high-risk artificial intelligence system;36
(iv) A description of any transparency measures taken concerning 37
the high-risk artificial intelligence system, such as any measures 38
taken to disclose to a consumer that such high-risk artificial 39
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intelligence system is in use when such high-risk artificial 1
intelligence system is in use; and 2
(v) A description of the postdeployment monitoring and user 3
safeguards provided concerning such high-risk artificial intelligence 4
system, such as the oversight process established by the deployer to 5
address issues arising from deployment of such high-risk artificial 6
intelligence system. 7
(3) In addition to the information required under subsection 8
(2)(c) of this section, each impact assessment completed following an 9
intentional and substantial modification made to a high-risk 10
artificial intelligence system on or after July 1, 2027, must include 11
a statement disclosing the extent to which the high-risk artificial 12
intelligence system was used in a manner that was consistent with, or 13
varied from, the developer's intended uses of such high-risk 14
artificial intelligence system. 15
(4) A single impact assessment may address a comparable set of 16
high-risk artificial intelligence systems deployed by a deployer.17
(5) If a deployer, or a third party contracted by the deployer, 18
completes an impact assessment for the purpose of complying with 19
another applicable law or regulation, such impact assessment 20
satisfies the requirements established in this section if such impact 21
assessment is reasonably similar in scope and effect to the impact 22
assessment that would otherwise be completed pursuant to this 23
subsection. 24
(6) A deployer shall maintain the most recently completed impact 25
assessment for a high-risk artificial intelligence system as required 26
under this section, relevant records supporting the impact 27
assessment, and prior impact assessments, if any, for a period of at 28
least three years following the final deployment of the high-risk 29
artificial intelligence system. 30
(7) Nothing in this section may be construed to require a 31
deployer to disclose any trade secret, or other confidential or 32
proprietary information. 33
NEW SECTION. Sec. 6. (1) The requirements in section 5 (1) 34
through (3) of this act and section 3 (2) of this act do not apply to 35
a deployer if, at the time the deployer deploys a high-risk 36
artificial intelligence system and at all times while the high-risk 37
artificial intelligence system is deployed:38
(a) The deployer: 39
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(i) Employs fewer than 50 full-time equivalent employees; and1
(ii) Does not use the deployer's own data to train the high-risk 2
artificial intelligence system; 3
(b) The high-risk artificial intelligence system:4
(i) Is used for the intended uses that are disclosed by the 5
deployer; and 6
(ii) Continues learning based on data derived from sources other 7
than the deployer's own data; and 8
(c) The deployer makes available to consumers any impact 9
assessment that: 10
(i) The developer of the high-risk artificial intelligence system 11
has completed and provided to the deployers; and 12
(ii) Includes information that is substantially similar to the 13
information in the impact assessment required under section 5 of this 14
act. 15
(2) Nothing in this section may be construed to require a 16
deployer to disclose any trade secret, or other confidential or 17
proprietary information. 18
NEW SECTION. Sec. 7. Beginning July 1, 2026, each time a 19
deployer deploys a high-risk artificial intelligence system to make, 20
or be a substantial factor in making, a consequential decision 21
concerning a consumer, the deployer shall:22
(1) Notify the consumer that the deployer has deployed a high-23
risk artificial intelligence system to make, or be a substantial 24
factor in making, a consequential decision before the decision is 25
made; and 26
(2) Provide to the consumer a statement disclosing:27
(a) The purpose of the high-risk artificial intelligence system 28
and the nature of the consequential decisions; 29
(b) The contact information for the deployer; and30
(c) A description, in plain language, of the high-risk artificial 31
intelligence system. 32
NEW SECTION. Sec. 8. (1) Nothing in this chapter may be 33
construed to:34
(a) Restrict a developer's, deployer's, or other person's ability 35
to: 36
(i) Comply with federal, state, or municipal law;37
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(ii) Comply with a civil, criminal, or regulatory inquiry, 1
investigation, subpoena, or summons by federal, state, municipal, or 2
other governmental authorities; 3
(iii) Cooperate with law enforcement agencies concerning conduct 4
or activity that the developer, deployer, or other person reasonably 5
and in good faith believes may violate federal, state, or municipal 6
law; 7
(iv) Investigate, establish, exercise, prepare for, or defend 8
legal claims; 9
(v) Take immediate steps to protect an interest that is essential 10
for the life or physical safety of a consumer or another individual;11
(vi) Engage in public or peer-reviewed scientific or statistical 12
research in the public interest that adheres to all other applicable 13
ethics and privacy laws and is conducted in accordance with 45 C.F.R. 14
Part 46, as amended from time to time, or relevant requirements 15
established by the federal food and drug administration;16
(vii) Conduct any research, testing, or development activities 17
regarding any artificial intelligence system or model, other than 18
testing conducted under real world conditions, before such artificial 19
intelligence system or model is placed on the market, deployed, or 20
put into service, as applicable; 21
(viii) Effectuate a product recall; 22
(ix) Identify and repair technical errors that impair existing or 23
intended functionality; or 24
(x) Assist another developer, deployer, or person with any of the 25
obligations imposed under this chapter; 26
(b) Impose any obligation on a developer, deployer, or other 27
person that adversely affects the rights or freedoms of any person 28
including, but not limited to, the rights of any person to freedom of 29
speech or freedom of the press guaranteed in the First Amendment to 30
the United States Constitution; 31
(c) Apply to any developer, deployer, or other person:32
(i) Insofar as such developer, deployer, or other person 33
develops, deploys, puts into service, or intentionally and 34
substantially modifies, as applicable, a high-risk artificial 35
intelligence system that has been approved, authorized, certified, 36
cleared, or granted: 37
(A) By a federal agency, such as the federal food and drug 38
administration or the federal aviation administration, acting within 39
the scope of such federal agency's authority; or 40
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(B) In compliance with standards established by any federal 1
agency including, but not limited to, standards established by the 2
federal office of the national coordinator for health information 3
technology; 4
(ii) Conducting any research to support an application for 5
approval or certification from any federal agency including, but not 6
limited to, the federal aviation administration, the federal 7
communications commission, or the federal food and drug 8
administration, or otherwise subject to review by such federal 9
agency; 10
(iii) Performing work under, or in connection with, a contract 11
with the United States department of commerce, the United States 12
department of defense, or the national aeronautics and space 13
administration, unless such developer, deployer, or other person is 14
performing such work on a high-risk artificial intelligence system 15
that is used to make, or as a substantial factor in making, a 16
decision concerning employment or housing; or 17
(iv) That is a covered entity within the meaning of the health 18
insurance portability and accountability act of 1996, P.L. 104-191, 19
and the regulations promulgated thereunder, as both may be amended 20
from time to time, and providing health care recommendations that:21
(A) Are generated by an artificial intelligence system;22
(B) Require a health care provider to take action to implement 23
such recommendations; and 24
(C) Are not considered to be high risk; or 25
(d) Apply to any artificial intelligence system that is acquired 26
by or for the federal government or any federal agency or department 27
including, but not limited to, the United States department of 28
commerce, the United States department of defense, or the national 29
aeronautics and space administration, unless such artificial 30
intelligence system is a high-risk artificial intelligence system 31
that is used to make, or as a substantial factor in making, a 32
decision concerning employment or housing. 33
(2) If a developer, deployer, or other person engages in any 34
action pursuant to an exemption set forth in this section, the 35
developer, deployer, or other person bears the burden of 36
demonstrating that such action qualifies for such exemption.37
NEW SECTION. Sec. 9. (1)(a) The attorney general may bring an 38
action in the name of the state, or as parens patriae on behalf of 39
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persons residing in the state, to enforce this chapter. For actions 1
brought by the attorney general to enforce this chapter, a violation 2
of this chapter is an unfair or deceptive act in trade or commerce 3
for the purpose of applying the consumer protection act, chapter 4
19.86 RCW. An action to enforce this chapter may not be brought under 5
RCW 19.86.090. 6
(b) The office of the attorney general, before commencing an 7
action under the consumer protection act, chapter 19.86 RCW, must 8
provide 45 days' written notice to a deployer or developer of the 9
alleged violation of this chapter. For the first violation, the 10
developer or deployer may cure the noticed violation within 60 days 11
of receiving the written notice. 12
(2) Nothing in this chapter may be construed to limit or 13
otherwise affect the obligations of developers and deployers under 14
applicable laws, rules, or regulations relating to data privacy or 15
security. 16
NEW SECTION. Sec. 10. (1) A government agency that makes 17
available an artificial intelligence system intended to interact with 18
consumers must disclose to each consumer, before or at the time of 19
interaction, that the consumer is interacting with an artificial 20
intelligence system. The disclosure must be:21
(a) Clear and conspicuously posted; 22
(b) Written in plain language; and 23
(c) May not use a dark pattern. 24
(2) The disclosure may be provided by using a hyperlink to direct 25
a consumer to a separate web page. 26
(3) A person is required to make the disclosure under subsection 27
(1) of this section regardless of whether it would be obvious to a 28
reasonable consumer that the consumer is interacting with an 29
artificial intelligence system. 30
NEW SECTION. Sec. 11. Sections 1 through 9 of this act 31
constitute a new chapter in Title 19 RCW.32
NEW SECTION. Sec. 12. Section 10 of this act constitutes a new 33
chapter in Title 42 RCW.34
Sec. 13. 2024 c 163 s 2 (uncodified) is amended to read as 35
follows: 36
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(1) ((Subject to the availability of amounts appropriated for 1
this specific purpose, a )) A task force to assess current uses and 2
trends and make recommendations to the legislature regarding 3
guidelines and potential legislation for the use of artificial 4
intelligence systems is established. 5
(2) The task force is composed of an executive committee 6
consisting of members as provided in this subsection.7
(a) The president of the senate shall appoint one member from 8
each of the two largest caucuses of the senate. 9
(b) The speaker of the house of representatives shall appoint one 10
member from each of the two largest caucuses of the house of 11
representatives. 12
(c) The attorney general shall appoint the following members, 13
selecting only individuals with experience in technology policy:14
(i) One member from the office of the governor;15
(ii) One member from the office of the attorney general;16
(iii) One member from Washington technology solutions;17
(iv) One member from the Washington state auditor;18
(v) One member representing universities or research institutions 19
that are experts in the design and effect of an algorithmic system;20
(vi) One member representing private technology industry groups;21
(vii) One member representing business associations;22
(viii) Three members representing community advocate 23
organizations that represent communities that are disproportionately 24
vulnerable to being harmed by algorithmic bias; 25
(ix) One member representing the LGBTQ+ community;26
(x) One member representing the retail industry;27
(xi) One member representing the hospitality industry;28
(xii) One member representing statewide labor organizations; and29
(xiii) One member representing public safety. 30
(d) The task force may meet in person or by telephone conference 31
call, videoconference, or other similar telecommunications method, or 32
a combination of such methods. 33
(e) The executive committee may convene subcommittees to advise 34
the task force on the recommendations and findings set out in 35
subsection (4) of this section. 36
(i) The executive committee shall define the scope of activity 37
and subject matter focus required of the subcommittees including, but 38
not limited to: Education and workforce development; public safety 39
and ethics; health care and accessibility; labor; government and 40
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public sector efficiency; state security and cybersecurity; consumer 1
protection and privacy; and industry and innovation.2
(ii) Subcommittees and their members may be invited to 3
participate on an ongoing, recurring, or one-time basis.4
(iii) The executive committee in collaboration with the attorney 5
general shall appoint members to the subcommittees that must be 6
comprised of industry participants, subject matter experts, 7
representatives of federally recognized tribes, or other relevant 8
stakeholders. 9
(iv) Each subcommittee must contain at least one member 10
possessing relevant industry expertise and at least one member from 11
an advocacy organization that represents communities that are 12
disproportionately vulnerable to being harmed by algorithmic bias 13
including, but not limited to: African American; Hispanic American; 14
Native American; Asian American; Native Hawaiian and Pacific Islander 15
communities; religious minorities; individuals with disabilities; and 16
other vulnerable communities. 17
(v) Meeting summaries and reports delivered by the subcommittees 18
to the executive committee must be made available on the attorney 19
general's website within 30 days of delivery. 20
(3) The office of the attorney general must administer and 21
provide staff support for the task force. The office of the attorney 22
general may, when deemed necessary by the task force, retain 23
consultants to provide data analysis, research, recommendations, 24
training, and other services to the task force for the purposes 25
provided in subsection (4) of this section. The office of the 26
attorney general may work with the task force to determine 27
appropriate subcommittees as needed. 28
(4) The executive committee and subcommittees of the task force 29
shall examine the development and use of artificial intelligence by 30
private and public sector entities and make recommendations to the 31
legislature regarding guidelines and potential legislation for the 32
use and regulation of artificial intelligence systems to protect 33
Washingtonians' safety, privacy, and civil and intellectual property 34
rights. The task force findings and recommendations must include:35
(a) A literature review of public policy issues with artificial 36
intelligence, including benefits and risks to the public broadly, 37
historically excluded communities, and other identifiable groups, 38
racial equity considerations, workforce impacts, and ethical 39
concerns; 40
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(b) A review of existing protections under state and federal law 1
for individual data and privacy rights, safety, civil rights, and 2
intellectual property rights, and how federal, state, and local laws 3
relating to artificial intelligence align, differ, conflict, and 4
interact across levels of government; 5
(c) A recommended set of guiding principles for artificial 6
intelligence use informed by standards established by relevant 7
bodies, including recommending a definition for ethical artificial 8
intelligence and guiding principles; 9
(d) Identification of high-risk uses of artificial intelligence, 10
including those that may negatively affect safety or fundamental 11
rights; 12
(e) Opportunities to support and promote the innovation of 13
artificial intelligence technologies through grants and incentives;14
(f) Recommendations on appropriate uses of and limitations on the 15
use of artificial intelligence by state and local governments and the 16
private sector; 17
(g) Recommendations relating to the appropriate and legal use of 18
training data; 19
(h) Algorithmic discrimination issues which may occur when 20
artificial intelligence systems are used and contribute to 21
unjustified differential treatment or impacts disfavoring people on 22
the basis of race, color, national origin, citizen or immigration 23
status, families with children, creed, religious belief or 24
affiliation, sex, marital status, the presence of any sensory, 25
mental, or physical disability, age, honorably discharged veteran or 26
military status, sexual orientation, gender expression or gender 27
identity, or any other protected class under RCW 49.60.010 and 28
recommendations to mitigate and protect against algorithmic 29
discrimination; 30
(i) Recommendations on minimizing unlawful discriminatory or 31
biased outputs or applications; 32
(j) Recommendations on prioritizing transparency so that the 33
behavior and functional components artificial intelligence can be 34
understood in order to enable the identification of performance 35
issues, safety and privacy concerns, biases, exclusionary practices, 36
and unintended outcomes; 37
(k) Racial equity issues posed by artificial intelligence systems 38
and ways to mitigate the concerns to build equity into the systems;39
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(l) Civil liberties issues posed by artificial intelligence 1
systems and civil rights and civil liberties protections to be 2
incorporated into artificial intelligence systems; 3
(m) Recommendations as to how the state should educate the public 4
on the development and use of artificial intelligence, including 5
information about data privacy and security, data collection and 6
retention practices, use of individual data in machine learning, and 7
intellectual property considerations regarding generative artificial 8
intelligence; 9
(n) A review of protections of personhood, including replicas of 10
voice or likeness, in typical contract structures, and a review of 11
artificial intelligence tools used to support employment decisions;12
(o) Proposed state guidelines for the use of artificial 13
intelligence to inform the development, deployment, and use of 14
artificial intelligence systems to: 15
(i) Retain appropriate human agency and oversight;16
(ii) Be subject to internal and external security testing of 17
systems before public release for high-risk artificial intelligence 18
systems; 19
(iii) Protect data privacy and security; 20
(iv) Promote appropriate transparency for consumers when they 21
interact with artificial intelligence systems or products created by 22
artificial intelligence; and 23
(v) Ensure accountability, considering oversight, impact 24
assessment, auditability, and due diligence mechanisms;25
(p) A review of existing civil and criminal remedies for 26
addressing potential harms resulting from the use of artificial 27
intelligence systems and recommendations, if needed, for new means of 28
enforcement and remedies; and 29
(q) Recommendations for establishing an ongoing committee that 30
must study emerging technologies not limited to artificial 31
technology. 32
(5) The executive committee of the task force must hold its first 33
meeting within 45 days of final appointments to the task force and 34
must meet at least twice each year thereafter. The task force must 35
submit reports to the governor and the appropriate committees of the 36
legislature detailing its findings and recommendations. A preliminary 37
report must be delivered by December 31, 2024, an interim report by 38
December 1, 2025, and a final report by July 1, ((2026)) 2027. 39
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Meeting summaries must be posted to the website of the attorney 1
general's office within 30 days of any meeting by the task force.2
(6) Legislative members of the task force shall be reimbursed for 3
travel expenses in accordance with RCW 44.04.120. Nonlegislative 4
members are not entitled to be reimbursed for travel expenses if they 5
are elected officials or are participating on behalf of an employer, 6
governmental entity, or other organization. Any reimbursement for 7
other nonlegislative members is subject to chapter 43.03 RCW.8
(7) To ensure that the task force has diverse and inclusive 9
representation of those affected by its work, task force members, 10
including subcommittee members, whose participation in the task force 11
may be hampered by financial hardship and may be compensated as 12
provided in RCW 43.03.220. 13
(8) The definitions in this subsection apply throughout this 14
section unless the context clearly requires otherwise.15
(a) "Artificial intelligence" means the use of machine learning 16
and related technologies that use data to train statistical models 17
for the purpose of enabling computer systems to perform tasks 18
normally associated with human intelligence or perception, such as 19
computer vision, speech or natural language processing, and content 20
generation. 21
(b) "Generative artificial intelligence" means an artificial 22
intelligence system that generates novel data or content based on a 23
foundation model. 24
(c) "Machine learning" means the process by which artificial 25
intelligence is developed using data and algorithms to draw 26
inferences therefrom to automatically adapt or improve its accuracy 27
without explicit programming. 28
(d) "Training data" means labeled data that is used to teach 29
artificial intelligence models or machine learning algorithms to make 30
proper decisions. Training data may include, but is not limited to, 31
annotated text, images, video, or audio. 32
(9) This section expires June 30, ((2027)) 2028.33
NEW SECTION. Sec. 14. The artificial intelligence workplace 34
advisory group is established for the purpose of developing 35
artificial intelligence policy related to the workplace. The 36
artificial intelligence workplace advisory group shall report to the 37
artificial intelligence task force established in section 2, chapter 38
163, Laws of 2024 as prescribed in subsection (4) of this section.39
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(2) The attorney general shall appoint the following members to 1
the artificial intelligence workplace advisory group:2
(a) Two members representing different statewide labor 3
organizations; 4
(b) Two members representing the business community;5
(c) One member representing public sector employees;6
(d) One member representing private sector employees;7
(e) One member representing higher education institutions with 8
expertise in artificial intelligence and the workforce;9
(f) One member with expertise in ethics and artificial 10
intelligence; and 11
(g) Other members as deemed appropriate by the attorney general.12
(3) The artificial intelligence workplace advisory group is 13
responsible for developing guiding principles for the use of 14
artificial intelligence in the workplace. At a minimum, the guiding 15
principles must prioritize the responsible and ethical use of 16
artificial intelligence tools in ways that protect an individual's 17
privacy and minimize the risk of bias in the workplace.18
(4) The artificial intelligence workplace advisory group shall 19
deliver an interim report on the development of guiding principles 20
for artificial intelligence in the workplace to the artificial 21
intelligence task force by December 1, 2026, and a final report by 22
March 1, 2027. The final report must be included in the artificial 23
intelligence task force's final report as required by section 2 (5), 24
chapter 163, Laws of 2024. 25
(5) This section expires June 30, 2028. 26
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