Grocery estab. closures

AN ACT Relating to notice requirements for grocery establishment 1
closures; adding a new chapter to Title 49 RCW; and creating a new 2
section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that grocery 5
establishments are vital points of distribution for food and daily 6
necessities across Washington. The closure of a grocery establishment 7
can have widespread effects on a community's well-being by reducing 8
access to food and creating food insecurity.9
The legislature finds that food insecurity contributes to poor 10
health and health disparities. Grocery establishment closures can 11
have an especially dire impact on senior citizens, people with 12
disabilities, and people who lack the means to travel by car or 13
public transportation to grocery establishments located outside their 14
neighborhood. 15
The legislature finds that in 2024 state law was amended to 16
provide safeguards during the merger of certain grocery 17
establishments until the employer provides written notice to the city 18
council, county council, local health department, and attorney 19
general 180 days before the closure. 20
S-3788.3
SENATE BILL 6147
State of Washington 69th Legislature 2026 Regular Session
By Senators Conway, Valdez, Alvarado, Hasegawa, Lovelett, Nobles,
Saldaña, and Trudeau
Read first time 01/14/26. Referred to Committee on Labor & Commerce.
p. 1 SB 6147
The legislature recognizes the value of advance knowledge of a 1
closure in addition to mergers so a community can work with employers 2
on alternatives to closure and sale to proprietors seeking to 3
continue grocery service in a given location. 4
Therefore, the legislature resolves to create additional notice 5
requirements and certain employer requirements to protect communities 6
that rely on reasonable access to grocery establishments' products 7
and services. 8
NEW SECTION. Sec. 2. The definitions in this section apply 9
throughout this chapter unless the context clearly requires 10
otherwise.11
(1) "Close for business" or "closure" means to permanently 12
discontinue operation as a grocery establishment at a given location.13
(2) "Customer" means a person who purchased groceries from a 14
grocery establishment subject to this chapter within the 12 months 15
preceding the date on which the employer gives notice of closure 16
under this chapter. 17
(3) "Employee" means an individual employed by a grocery 18
establishment as defined in this section. 19
(4) "Employer" means any person or entity that owns, controls, or 20
operates a grocery establishment and employs one or more individuals. 21
"Employer" includes any successor or assignee. 22
(5)(a) "Food desert" means a low-income and low-access census 23
tract with a substantial number or share of residents with low levels 24
of access to a grocery establishment. 25
(b)(i) A census tract is low income if it has a poverty rate of 26
20 percent or greater, or a median family income at or below 80 27
percent of the statewide or metropolitan area median family income.28
(ii) A census tract is low access if at least 500 persons or at 29
least 33 percent of the population lives more than one mile from a 30
grocery establishment in the case of a nonrural area, or more than 10 31
miles from a grocery establishment in the case of a rural area.32
(6) "Grocery establishment" means a retail store in this state 33
that is primarily engaged in the sale of groceries for home 34
preparation and consumption, including fresh or packaged foods, and 35
that occupies at least 10,000 square feet of floor area. "Grocery 36
establishment" includes a retail store of at least 5,000 square feet 37
of floor area if the store devotes a majority of its selling area to 38
the sale of groceries. 39
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(7) "Neighborhood organization" means a nonprofit association or 1
organization that represents residents or customers of the 2
neighborhood served by the closing grocery establishment.3
(8) "Rural area" means any area other than: 4
(a) A city or town that has a population of greater than 50,000 5
inhabitants; and 6
(b) Any urbanized area contiguous and adjacent to a city or town 7
described in (a) of this subsection. 8
NEW SECTION. Sec. 3. (1) This section only applies to grocery 9
establishments that are:10
(a) Located in geographic areas designated by the United States 11
department of agriculture as food deserts, based on the original food 12
desert measure contained in the food access research atlas; or13
(b) Located in a low-income census tract at least one mile from 14
another grocery establishment in a nonrural area, or located in a 15
low-income census tract at least 10 miles from another grocery 16
establishment in a rural area. 17
(2) A grocery establishment subject to this section may not close 18
for business unless, for at least six months before the date of 19
closure, the employer has: 20
(a) Provided written notice of the grocery establishment's 21
intended closure to its respective city council, county council or 22
commission, local health department, and the attorney general; and23
(b) Provided notice of the grocery establishment's intention to 24
close to its customers and the public by posting prominent written 25
notices at all public entries and exits to the grocery establishment.26
(3) Notwithstanding subsection (2) of this section, a grocery 27
establishment may close for business having provided less than the 28
required six months' notice if: 29
(a) The closure is due to a natural emergency or disaster; or30
(b) As of the time that notice would have been required, the 31
grocery establishment was actively seeking capital or business which, 32
if obtained, would have enabled the grocery establishment to avoid or 33
postpone the closure, and the grocery establishment reasonably and in 34
good faith believed that giving the notice required would have 35
precluded obtaining the needed capital or business.36
(4) A grocery establishment relying on subsection (3) of this 37
section to provide less than six months' notice shall give as much 38
notice as is practicable and, at the time notice is given, shall 39
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articulate in writing the basis for having reduced the notification 1
period. 2
NEW SECTION. Sec. 4. (1) During the closure notice period 3
required by section 3 of this act, the grocery establishment shall, 4
upon reasonable request, meet and work in good faith with the local 5
city council, county council or commission, health department, 6
collective bargaining organization if applicable, and the attorney 7
general's office to find alternative outcomes allowing for the 8
continued availability of grocery establishment products and services 9
at the closure location.10
(2) During the closure notice period required by section 3 of 11
this act, the grocery establishment shall meet and work in good faith 12
to find alternative outcomes allowing for the continued availability 13
of grocery establishment products and services at the closure 14
location. This requirement may be satisfied by attending at least one 15
community meeting convened by a neighborhood association or 16
neighborhood organization representing the interests of neighborhood 17
residents and one meeting with a collective bargaining organization, 18
if applicable. 19
(3) Alternative outcomes under this section may include, but are 20
not limited to, identifying strategies or resources to allow the 21
grocery establishment to remain open, helping residents organize and 22
open a cooperative, and identifying another grocery establishment 23
capable of continuing similar sale of products and services at or 24
near the closure location. 25
NEW SECTION. Sec. 5. (1) The office of the attorney general may 26
institute civil proceedings for injunctive and monetary relief, 27
including civil penalties, against any employer for violations of the 28
notice requirements under section 3 of this act or the obligations 29
under section 4 of this act.30
(2) In addition to the authority of the attorney general under 31
subsection (1) of this section, any of the following may bring a 32
civil action in superior court to enforce compliance with sections 3 33
and 4 of this act: 34
(a) A collective bargaining organization representing employees 35
impacted by the grocery establishment closure; or 36
(b) The city attorney or county prosecuting attorney for the 37
jurisdiction in which the closing grocery establishment is located.38
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(3) A civil action under subsection (2) of this section may seek 1
one or more of the following remedies: 2
(a) Injunctive or declaratory relief; and 3
(b) A writ of mandamus compelling compliance with sections 3 and 4
4 of this act. 5
(4) In an action brought under subsection (2) of this section, 6
the court may award reasonable attorneys' fees and costs to a 7
prevailing plaintiff. 8
NEW SECTION. Sec. 6. (1) The notice and obligations required 9
under sections 3 and 4 of this act are in addition to, and do not 10
limit, any notice or other obligations imposed on an employer under 11
chapter 49.45 RCW or under any other state or local law.12
(2) Compliance with chapter 49.45 RCW or any other state or local 13
law does not relieve an employer of its obligations under this 14
chapter. 15
(3) Nothing in this chapter may be construed to limit or restrict 16
any right or remedy available to a person under any other law.17
NEW SECTION. Sec. 7. (1) Except as provided in subsection (3) 18
of this section, a private agreement that imposes a negative use 19
restriction upon real property in this state so as to prohibit or 20
restrict the use of such real property for a grocery establishment 21
when the use would otherwise be permitted under applicable land use 22
ordinances, including as a conditional use, is against public policy, 23
is prohibited, and is void and unenforceable. It is unlawful for any 24
person to enter an agreement that is prohibited by this section or 25
for any person who is the beneficiary of a negative use restriction 26
imposed by such an agreement to allow such a restriction to remain or 27
to refuse to release it.28
(2) Except as provided in subsection (3) of this section, the 29
prohibition in subsection (1) of this section: 30
(a) Applies to any private agreement incorporated into a 31
contract, deed restriction, restrictive covenant, lease, memorandum 32
of lease, or any other recorded or unrecorded instrument; and33
(b) Includes a private agreement limiting the size of a grocery 34
establishment. 35
(3) This section does not apply to: 36
(a) An agreement imposing a negative use restriction that became 37
effective prior to the effective date of this section;38
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(b) An agreement that imposes a negative use restriction to 1
prohibit or restrict use of real property for a grocery establishment 2
after an owner or operator of a grocery establishment discontinues 3
operations of the grocery establishment on the property for the 4
purpose of relocating the grocery establishment, if the following 5
conditions are met: 6
(i) When compared to the discontinued grocery establishment, the 7
relocated grocery establishment is similar in size or larger and 8
similar in the scope of products sold; 9
(ii) The relocated grocery establishment is located within one-10
half mile of the discontinued site, except as provided in section 8 11
of this act; 12
(iii) Relocation and the commencement of operations at the new 13
site occurs within one year following the discontinued grocery 14
establishment's closure, except as provided in section 8 of this act; 15
and 16
(iv) The negative use restriction imposed on the prior site does 17
not have a term in excess of three years from the date of the 18
closure, except as provided in section 8 of this act; or19
(c)(i) Except as provided in (c)(ii) of this subsection, an 20
agreement that imposes a negative use restriction to prohibit or 21
restrict use of real property for a grocery establishment in order to 22
limit competition or conflicting uses within the confines of a retail 23
center by allowing only a limited number of grocery establishments 24
within the retail center. 25
(ii) It remains unlawful for any owner or operator who 26
discontinues grocery establishment use at a site within a retail 27
center for a period exceeding one year, or the time period under 28
section 8 of this act, to seek to enforce a negative use restriction 29
prohibiting or restricting grocery establishment uses within the 30
retail center. 31
NEW SECTION. Sec. 8. (1) A city, town, or county may establish 32
that upon the written request of an owner or operator and the 33
requestor's presentation of evidence establishing extenuating 34
circumstances that demonstrate good cause for the extension, the 35
city, town, or county may, by written determination, extend the 36
following as they apply to the requestor:37
(a) The distance limit in section 7 (3)(b)(ii) of this act to no 38
more than one mile; 39
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(b) The time requirement in section 7(3)(b)(iii) of this act;1
(c) The term limit in section 7(3)(b)(iv) of this act; and2
(d) The time period in section 7(3)(c)(ii) of this act.3
(2) Factors for considering good cause include but are not 4
limited to: 5
(a) Maintaining or increasing food access in the surrounding 6
area, including the area around the discontinued site;7
(b) Needs related to financing and construction for the new 8
location; and 9
(c) Promoting private investment in the surrounding area.10
NEW SECTION. Sec. 9. (1) The attorney general may enforce 11
section 7 of this act through chapter 19.86 RCW.12
(2)(a) A city, town, or county may enforce this chapter through a 13
cause of action in a court of competent jurisdiction including 14
declaratory relief, injunctive relief, or other legal or equitable 15
remedy as appropriate to carry out the purpose and intent of this 16
chapter. 17
(b) A city or town may enforce this chapter with respect to real 18
property located in the city or town. A county may only enforce this 19
chapter with respect to real property located in an unincorporated 20
area of the county. 21
(c) Nothing in this chapter prevents a city, town, or county from 22
enacting or enforcing an ordinance imposing a civil penalty, or 23
authorizing other relief, for a violation of a local ordinance that 24
is similar to the prohibition in section 7 of this act.25
NEW SECTION. Sec. 10. If any provision of this act or its 26
application to any person or circumstance is held invalid, the 27
remainder of the act or the application of the provision to other 28
persons or circumstances is not affected.29
NEW SECTION. Sec. 11. Sections 2 through 9 of this act 30
constitute a new chapter in Title 49 RCW.31
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