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House Bill 2157 — State of Washington, 69th Legislature, 2026 Regular Session

Summary

House Bill 2157, State of Washington, 69th Legislature, 2026 Regular Session, by Representatives Ryu, Stearns, Ramel, and others, prefiled 12/16/25, read first time 01/12/26 and referred to the Committee on Technology, Economic Development, & Veterans. The bill is an act relating to regulating high-risk artificial intelligence system development, deployment, and use, adding a new chapter to Title 19 RCW, and providing an effective date. The opening text defines terms including algorithmic discrimination, artificial intelligence system, and consequential decision.

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“House Bill 2157 — State of Washington, 69th Legislature, 2026 Regular Session.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-01-14-a33628-bill-2157-e3ee7462d8/, SHA-256 3f401c114f047acde8fcf0963823dcc5e222213a2396ca8cdd59518600a27d89.

Full text

     H-2556.1

                                 HOUSE BILL 2157


     State of Washington        69th Legislature        2026 Regular Session

     By Representatives Ryu, Stearns, Ramel, Parshley, Reeves, Reed,
     Santos, Zahn, Street, Duerr, Gregerson, Ormsby, Scott, Shavers, Thai,
     Macri, Fosse, Pollet, and Donaghy

     Prefiled 12/16/25. Read first time 01/12/26. Referred to Committee
     on Technology, Economic Development, & Veterans.




1        AN ACT Relating to regulating high-risk artificial intelligence
2    system development, deployment, and use; adding a new chapter to
3    Title 19 RCW; and providing an effective date.


 4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 5       NEW SECTION.    Sec. 1.     The definitions in this section apply
 6   throughout   this   chapter   unless  the   context   clearly   requires
 7   otherwise.
 8       (1)(a)   "Algorithmic   discrimination"   means   the   use  of   an
 9   artificial   intelligence    system  that   results   in   an   unlawful
10   differential treatment or impact that disfavors an individual or
11   group of individuals on the basis of their actual or perceived age,
12   color,   disability,     ethnicity,   genetic    information,    limited
13   proficiency in the English language, national origin, race, religion,
14   reproductive health, sex, sexual orientation, veteran status, or
15   other classification protected under state or federal law.
16       (b) "Algorithmic discrimination" does not include:
17       (i) The offer, license, or use of a high-risk artificial
18   intelligence system by a developer or deployer for the sole purpose
19   of the developer's or deployer's self-testing to identify, mitigate,
20   or prevent discrimination or otherwise ensure compliance with state
21   and federal law;
                                      p. 1                           HB 2157
 1       (ii) The expansion of an applicant, customer, or participant pool
 2   to increase diversity or redress historical discrimination; or
 3       (iii) An act or omission by or on behalf of a private club or
 4   other establishment not in fact open to the public, as set forth in
 5   Title II of the civil rights act of 1964, 42 U.S.C. Sec. 2000a(e), as
 6   subsequently amended.
 7       (2)(a) "Artificial intelligence system" means machine learning
 8   systems and related technologies that use data to train statistical
 9   models for the purpose of enabling computer systems to perform tasks
10   normally associated with human intelligence or perception, such as
11   computer vision, speech or natural language processing, and content
12   generation.
13       (b) "Artificial intelligence system" does not include any
14   artificial intelligence system that is used for development,
15   prototyping,   and   research  activities   before   such   artificial
16   intelligence system is made available to deployers or consumers.
17       (3) "Consequential decision" means any decision that has a
18   material legal, or similarly significant, effect on the provision or
19   denial to any consumer of:
20       (a) Parole, probation, a pardon, or any other release from
21   incarceration or court supervision;
22       (b) Education enrollment or an education opportunity;
23       (c) Access to employment;
24       (d) A financial or lending service;
25       (e) Access to health care services;
26       (f) Housing;
27       (g) Insurance;
28       (h) Marital status; or
29       (i) A legal service.
30       (4)(a) "Consumer" means a natural person who is a resident of
31   Washington and is acting only in an individual or household context.
32       (b) "Consumer" does not include a natural person acting in a
33   commercial or employment context.
34       (5) "Deployer" means any person doing business in Washington that
35   deploys or uses a high-risk artificial intelligence system to make a
36   consequential decision in Washington.
37       (6) "Developer" means any person doing business in Washington
38   that develops or intentionally and substantially modifies a high-risk
39   artificial intelligence system that is offered, sold, leased, given,


                                     p. 2                          HB 2157
 1   or otherwise made available to deployers or consumers in Washington
 2   and who earns more than $100,000 in gross annual revenue.
 3       (7)(a) "Facial recognition" means the use of a computer system
 4   that, for the purpose of attempting to determine the identity of an
 5   unknown individual, uses an algorithm to compare the facial biometric
 6   data of an unknown individual derived from a photograph, video, or
 7   image to a database of photographs or images and associated facial
 8   biometric data in order to identify potential matches to an
 9   individual.
10       (b) "Facial recognition" does not include facial verification
11   technology, which involves the process of comparing an image or
12   facial biometric data of a known individual, where such information
13   is provided by that individual, to an image database, or to
14   government documentation containing an image of the known individual,
15   to identify a potential match in pursuit of the individual's
16   identity.
17       (8)(a) "General-purpose artificial intelligence model" means a
18   model used by an artificial intelligence system or other system that:
19   (i) Displays significant generality; (ii) is capable of competently
20   performing a wide range of distinct tasks; and (iii) can be
21   integrated into a variety of downstream applications or systems.
22       (b) "General-purpose artificial intelligence model" does not
23   include any artificial intelligence model that is used for
24   development, prototyping, and research activities before such
25   artificial intelligence model is made available to deployers or
26   consumers.
27       (9)   "Generative   artificial  intelligence   system"  means  an
28   artificial intelligence system that generates novel data or content
29   based on a foundation model.
30       (10)(a) "High-risk artificial intelligence system" means any
31   artificial intelligence system that is specifically intended to
32   autonomously make, or be a substantial factor in making, a
33   consequential decision. A system or service is not a "high-risk
34   artificial intelligence system" if it is intended to: (i) Perform a
35   narrow procedural task; (ii) improve the result of a previously
36   completed human activity; (iii) detect any decision-making patterns
37   or any deviations from preexisting decision-making patterns; or (iv)
38   perform a preparatory task to an assessment relevant to a
39   consequential decision.


                                     p. 3                          HB 2157
 1       (b) "High-risk artificial intelligence system" does not include
 2   any of the following technologies:
 3       (i) Antifraud technology that does not use facial recognition
 4   technology;
 5       (ii) Antimalware technology;
 6       (iii) Antivirus technology;
 7       (iv) Artificial intelligence-enabled video games;
 8       (v) Autonomous vehicle technology;
 9       (vi) Calculators;
10       (vii) Cybersecurity technology;
11       (viii) Databases;
12       (ix) Data storage;
13       (x) Firewall technology;
14       (xi) Internet domain registration;
15       (xii) Internet website loading;
16       (xiii) Networking;
17       (xiv) Spam and robocall filtering;
18       (xv) Spell-checking technology;
19       (xvi) Spreadsheets;
20       (xvii) Web caching;
21       (xviii) Web hosting or any similar technology; or
22       (xix) Technology that communicates with consumers in natural
23   language for the purpose of providing users with information, making
24   referrals or recommendations, and answering questions and is subject
25   to an acceptable use policy that prohibits generating content that is
26   discriminatory or unlawful.
27       (11)(a) "Intentional and substantial modification" means a
28   deliberate change made to: (i) An artificial intelligence system that
29   results, at the time when the change is implemented and any time
30   thereafter, in a new material risk of algorithmic discrimination; or
31   (ii) a general-purpose artificial intelligence model that affects
32   compliance of the general-purpose artificial intelligence model,
33   materially changes the purpose of the general-purpose artificial
34   intelligence model, or results in a new reasonably foreseeable risk
35   of algorithmic discrimination.
36       (b) "Intentional and substantial modification" does not include:
37       (i) Any customization made by deployers that:
38       (A)   Is    based   on   legitimate   nondiscriminatory   business
39   justifications;


                                     p. 4                          HB 2157
 1       (B) Is within the scope and purpose of the artificial
 2   intelligence tool; and
 3       (C) Does not result in a material change to the risks of
 4   algorithmic discrimination; or
 5       (ii) A change made to a high-risk artificial intelligence system,
 6   or the performance of a high-risk artificial intelligence system, if:
 7       (A) The high-risk artificial intelligence system continues to
 8   learn after such high-risk artificial intelligence system is offered,
 9   sold, leased, licensed, given, or otherwise made available to a
10   deployer, or deployed; and
11       (B) Such change is made to such high-risk artificial intelligence
12   system as a result of such learning and was predetermined by the
13   deployer or the third party contracted by the deployer and included
14   within the initial impact assessment of such high-risk artificial
15   intelligence system as required by section 3 of this act.
16       (12) "Machine learning" means the process by which artificial
17   intelligence is developed using data and algorithms to draw
18   inferences therefrom to automatically adapt or improve its accuracy
19   without explicit programming.
20       (13)(a)   "Person"    includes   any   individual,    corporation,
21   partnership, association, cooperative, limited liability company,
22   trust, joint venture, or any other legal or commercial entity and any
23   successor, representative, agent, agency, or instrumentality thereof.
24       (b) "Person" does not include any government or political
25   subdivision.
26       (14) "Principal basis" means the use of an output of a high-risk
27   artificial intelligence system to make a decision without human
28   review, oversight, involvement, or intervention or without meaningful
29   consideration by a human.
30       (15)(a) "Substantial factor" means a factor that: (i) Uses the
31   principal basis for making a consequential decision; (ii) is capable
32   of altering the outcome of a consequential decision; and (iii) is
33   generated by an artificial intelligence system.
34       (b) "Substantial factor" includes any use of an artificial
35   intelligence system to generate any content, decision, prediction, or
36   recommendation concerning a consumer that is used as the principal
37   basis to make a consequential decision concerning the consumer.
38       (16) "Synthetic content" means information, such as images,
39   video, audio clips, and, to the extent practicable, text, that has


                                     p. 5                          HB 2157
1    been significantly modified or generated by algorithms, including by
2    artificial intelligence.
3        (17) "Trade secret" means information, including a formula,
4    pattern, compilation, program, device, method, technique, or process,
5    that derives independent economic value, actual or potential, from
6    not being generally known to, and not being readily ascertainable by
7    proper means by, other persons who can obtain economic value from its
8    disclosure or use and is the subject of efforts that are reasonable
9    under the circumstances to maintain its secrecy.

10       NEW SECTION. Sec. 2. (1) A developer of a high-risk artificial
11   intelligence system shall use reasonable care to protect consumers
12   from any known or reasonably foreseeable risks of algorithmic
13   discrimination arising from the intended and contracted uses of the
14   high-risk artificial intelligence system. In a civil action brought
15   against a developer pursuant to this chapter, there is a rebuttable
16   presumption that a developer of a high-risk artificial intelligence
17   system used reasonable care as required by this subsection (1) if the
18   developer complied with the requirements of this section.
19       (2) A developer of a high-risk artificial intelligence system may
20   not offer, sell, lease, give, or otherwise provide to a deployer or
21   other developer a high-risk artificial intelligence system unless the
22   developer makes available to the deployer or other developer:
23       (a) A statement disclosing the intended uses of such high-risk
24   artificial intelligence system;
25       (b) Documentation disclosing the following:
26       (i) The known or reasonably known limitations of such high-risk
27   artificial intelligence system, including any and all known or
28   reasonably foreseeable risks of algorithmic discrimination arising
29   from the intended uses of such high-risk artificial intelligence
30   system;
31       (ii) The purpose of such high-risk artificial intelligence system
32   and its intended outputs, benefits, and uses;
33       (iii) A summary describing how such high-risk artificial
34   intelligence system was evaluated for performance and for mitigation
35   of algorithmic discrimination before it was licensed, sold, leased,
36   given, or otherwise made available to a deployer or other developer;
37       (iv) A description of the measures the developer has taken to
38   mitigate known or reasonably foreseeable risks of algorithmic
39   discrimination that may arise from the reasonably foreseeable
                                     p. 6                          HB 2157
 1   deployment or use of such high-risk artificial intelligence system;
 2   and
 3       (v) A description of how the high-risk artificial intelligence
 4   system should be used, not be used, and be monitored by an individual
 5   when such system is used to make, or is a substantial factor in
 6   making, a consequential decision; and
 7       (c) Any additional documentation that is reasonably necessary to
 8   assist the deployer or other developer in understanding the outputs
 9   and monitoring performance of the high-risk artificial intelligence
10   system for risks of algorithmic discrimination.
11       (3) A developer that offers, sells, leases, gives, or otherwise
12   makes available to a deployer or other developer a high-risk
13   artificial intelligence system shall make available to the deployer
14   or other developer to the extent feasible and necessary, information
15   and documentation to enable the deployer, other developer, or a third
16   party contracted by the deployer to complete an impact assessment
17   required by section 3(3) of this act. Such information and
18   documentation must include artifacts, such as system cards or
19   predeployment impact assessments, including relevant risk management
20   policies and impact assessments.
21       (4) A developer that also serves as a deployer for a high-risk
22   artificial intelligence system may not be required to generate the
23   documentation required by this section unless such high-risk
24   artificial intelligence system is provided to an unaffiliated entity
25   acting as a deployer or as otherwise required by law.
26       (5) High-risk artificial intelligence systems that are in
27   conformity with the latest version of the artificial intelligence
28   risk management framework published by the national institute of
29   standards and technology, standard ISO/IEC 42001 of the international
30   organization   for    standardization,    or    another   nationally   or
31   internationally recognized risk management framework for artificial
32   intelligence systems, or parts thereof, are presumed to be in
33   conformity with related requirements set out in this section.
34       (6) For a disclosure required pursuant to this section, a
35   developer shall, no later than 90 days after the developer performs
36   an intentional and substantial modification to a high-risk artificial
37   intelligence system, update such disclosure as necessary to ensure
38   that such disclosure remains accurate.
39       (7)(a)   A  developer    of   a   high-risk   generative   artificial
40   intelligence   system   that    generates   or   substantially   modifies
                                       p. 7                           HB 2157
 1   synthetic content shall ensure that the outputs of such high-risk
 2   artificial intelligence system: (i) Are identifiable and detectable
 3   in a manner that is accessible by consumers using industry-standard
 4   tools or tools provided by the developer; (ii) comply with any
 5   applicable accessibility requirements, as synthetic content, to the
 6   extent reasonably feasible; and (iii) apply such identification at
 7   the time the output is generated.
 8       (b) If such synthetic content is an audio, image, or video format
 9   that forms part of an evidently artistic, creative, satirical,
10   fictional, or analogous work or program, the requirement for
11   identifying outputs of high-risk artificial intelligence systems
12   pursuant to (a) of this subsection (7) is limited to a manner that
13   does not hinder the display or enjoyment of such work or program.
14       (c) The identification of outputs required by (a) of this
15   subsection (7) do not apply to: (i) Synthetic content that consists
16   exclusively of text, is published to inform the public on any matter
17   of public interest, or is unlikely to mislead a reasonable person
18   consuming such synthetic content; or (ii) the outputs of a high-risk
19   artificial intelligence system that performs an assistive function
20   for standard editing, does not substantially alter the input data
21   provided by the developer, or is used to detect, prevent,
22   investigate, or prosecute any crime as authorized by law.
23       (8) Where multiple developers directly contribute to the
24   development of a high-risk artificial intelligence system, each
25   developer is subject to the obligations and operating standards
26   applicable to developers pursuant to this section solely with respect
27   to its activities contributing to the development of the high-risk
28   artificial intelligence system.
29       (9) Nothing in this section may be construed to require a
30   developer to disclose any trade secret, information that could create
31   a security risk, or other confidential or proprietary information
32   protected under state or federal law.


33       NEW SECTION. Sec. 3. (1) A deployer of a high-risk artificial
34   intelligence system shall use reasonable care to protect consumers
35   from any known or reasonably foreseeable risks of algorithmic
36   discrimination. In a civil action brought against a deployer pursuant
37   to this chapter, there is a rebuttable presumption that a deployer of
38   a high-risk artificial intelligence system used reasonable care as


                                     p. 8                          HB 2157
 1   required by this subsection (1) if the deployer complied with the
 2   provisions of this section.
 3       (2)(a) A deployer may not deploy or use a high-risk artificial
 4   intelligence system to make a consequential decision unless the
 5   deployer has designed and implemented a risk management policy and
 6   program for such high-risk artificial intelligence system. The risk
 7   management policy must specify the principles, processes, and
 8   personnel that the deployer must use in maintaining the risk
 9   management program to identify, mitigate, and document any risk of
10   algorithmic   discrimination   that   is  a    reasonably  foreseeable
11   consequence   of  deploying   or   using  such   high-risk  artificial
12   intelligence system to make a consequential decision.
13       (b) A risk management policy and program designed, implemented,
14   and maintained pursuant to this section is presumed to be in
15   conformity with related requirements set out in this section if the
16   policy and program align with the guidance and standards set forth in
17   the latest version of:
18       (i) The artificial intelligence risk management framework
19   published by the national institute of standards and technology;
20       (ii) Standard ISO/IEC 42001 of the international organization for
21   standardization; or
22       (iii) A nationally or internationally recognized risk management
23   framework for artificial intelligence systems with requirements that
24   are substantially equivalent to, and at least as stringent as, the
25   guidance and standards described in (b)(i) and (ii) of this
26   subsection (2).
27       (c) High-risk artificial intelligence systems that are in
28   conformity with the latest version of the artificial intelligence
29   risk management framework published by the national institute of
30   standards and technology, standard ISO/IEC 42001 of the international
31   organization   for   standardization,   or   another   nationally  or
32   internationally recognized risk management framework for artificial
33   intelligence systems, or parts thereof, are presumed to be in
34   conformity with related requirements set out in this section.
35       (3)(a) Except as provided in (c) of this subsection (3), a
36   deployer may not deploy or use a high-risk artificial intelligence
37   system to make a consequential decision unless the deployer has
38   completed an impact assessment for such high-risk artificial
39   intelligence system. The deployer shall complete an impact assessment
40   for a high-risk artificial intelligence system before the deployer
                                     p. 9                          HB 2157
 1   initially deploys such high-risk artificial intelligence system and
 2   before a significant update to such high-risk artificial intelligence
 3   system is used to make a consequential decision.
 4       (b) An impact assessment completed pursuant to (a) of this
 5   subsection (3) must include, at a minimum:
 6       (i) A statement by the deployer disclosing the purpose, intended
 7   use cases, and deployment context of, and benefits afforded by, the
 8   high-risk artificial intelligence system;
 9       (ii) A statement by the deployer disclosing whether the
10   deployment or use of the high-risk artificial intelligence system
11   poses any known or reasonably foreseeable risk of algorithmic
12   discrimination   and,  if   so,  the   nature   of such   algorithmic
13   discrimination and the steps that have been taken, to the extent
14   feasible, to mitigate such risk;
15       (iii) For each postdeployment impact assessment completed
16   pursuant to this section, whether the intended use cases of the high-
17   risk artificial intelligence system as updated were consistent with,
18   or varied from, the developer's intended uses of such high-risk
19   artificial intelligence system;
20       (iv) A description of the categories of data the high-risk
21   artificial intelligence system processes as inputs and the outputs
22   such high-risk artificial intelligence system produces;
23       (v) If the deployer used data to customize the high-risk
24   artificial intelligence system, an overview of the categories of data
25   the deployer used to customize such high-risk artificial intelligence
26   system;
27       (vi) A list of any metrics used to evaluate the performance and
28   known limitations of the high-risk artificial intelligence system;
29       (vii) A description of any transparency measures taken concerning
30   the high-risk artificial intelligence system, including any measures
31   taken to disclose to a consumer that such high-risk artificial
32   intelligence system is in use when such high-risk artificial
33   intelligence system is in use;
34       (viii) A description of any postdeployment monitoring performed
35   and user safeguards provided concerning such high-risk artificial
36   intelligence system, including any oversight process established by
37   the deployer to address issues arising from deployment or use of such
38   high-risk artificial intelligence system as such issues arise; and



                                     p. 10                         HB 2157
 1       (ix) An analysis of such high-risk artificial intelligence
 2   system's validity and reliability in accordance with standard
 3   industry practices.
 4       (c)(i) A single impact assessment may address a comparable set of
 5   high-risk artificial intelligence systems deployed or used by a
 6   deployer.
 7       (ii) If a deployer completes an impact assessment for the purpose
 8   of complying with another applicable law or regulation, such impact
 9   assessment satisfies the relevant requirements established in this
10   section if such impact assessment is reasonably similar in scope and
11   effect to the impact assessment that would otherwise be completed
12   pursuant to this section.
13       (iii) A deployer that completes an impact assessment pursuant to
14   this section shall maintain such impact assessment and all records
15   concerning the impact assessment for three years. Throughout the
16   period of time that a high-risk artificial intelligence system is
17   deployed and for a period of at least three years following the final
18   deployment of the high-risk artificial intelligence system, the
19   deployer shall retain all records concerning each impact assessment
20   conducted on the high-risk artificial intelligence system, including
21   all raw data used to evaluate the performance and known limitations
22   of such system.
23       (4) Not later than the time that a deployer uses a high-risk
24   artificial intelligence system to interact with a consumer, the
25   deployer shall disclose to the consumer that the consumer is
26   interacting with an artificial intelligence system. At such time, the
27   deployer shall also disclose to the consumer:
28       (a) The purpose of such high-risk artificial intelligence system;
29       (b) The nature of such system;
30       (c) The nature of the consequential decision;
31       (d) The contact information for the deployer; and
32       (e) A description of the artificial intelligence system in plain
33   language, which must include:
34       (i) A description of the personal characteristics or attributes
35   that such system will measure or assess;
36       (ii) The method by which the system measures or assesses such
37   attributes or characteristics;
38       (iii) How such attributes or characteristics are relevant to the
39   consequential decisions for which the system should be used;
40       (iv) Any human components of such system; and
                                     p. 11                         HB 2157
 1       (v) How any automated components of such system are used to
 2   inform such consequential decisions.
 3       (5) A deployer that has deployed a high-risk artificial
 4   intelligence system to make a consequential decision concerning a
 5   consumer shall transmit to the consumer the consequential decision
 6   without undue delay. If such consequential decision is adverse to the
 7   consumer and based on personal data beyond information that the
 8   consumer provided directly to the deployer, the deployer shall
 9   provide to the consumer a statement disclosing the principal reason
10   or reasons for the consequential decision, including:
11       (a) The degree to which and manner in which the high-risk
12   artificial intelligence system contributed to the consequential
13   decision;
14       (b) The type of data that was processed by such system in making
15   the consequential decision; and
16       (c) The sources of such data.
17       (6) A deployer shall make readily available a clear statement
18   summarizing how the deployer manages any reasonably foreseeable risk
19   of algorithmic discrimination that may arise from the use or
20   deployment of the high-risk artificial intelligence system.
21       (7) For a disclosure required pursuant to this section, each
22   deployer shall, no later than 30 days after the deployer is notified
23   by the developer that the developer has performed an intentional and
24   substantial modification to a high-risk artificial intelligence
25   system, update such disclosure as necessary to ensure that such
26   disclosure remains accurate.
27       (8) A deployer who performs an intentional and substantial
28   modification to a high-risk artificial intelligence system shall
29   comply with the documentation and disclosure requirements for
30   developers pursuant to section 2 of this act.
31       (9) Nothing in this section may be construed to require a
32   deployer to disclose any trade secret, information that could create
33   a security risk, or other confidential or proprietary information
34   protected under state or federal law.


35       NEW SECTION.    Sec. 4.   (1) Nothing in this chapter may be
36   construed to restrict a developer's or deployer's ability to do the
37   following:
38       (a) Comply with federal, state, or municipal ordinances or
39   regulations;
                                     p. 12                         HB 2157
 1       (b) Comply with a civil, criminal, or regulatory inquiry,
 2   investigation, subpoena, or summons by federal, state, local, or
 3   other governmental authorities;
 4       (c) Cooperate with law enforcement agencies concerning conduct or
 5   activity that the developer or deployer reasonably and in good faith
 6   believes may violate federal, state, or local law, ordinances, or
 7   regulations;
 8       (d) Investigate, establish, exercise, prepare for, or defend
 9   legal claims;
10       (e) Provide a product or service specifically requested by a
11   consumer;
12       (f) Perform under a contract to which a consumer is a party,
13   including fulfilling the terms of a written warranty;
14       (g) Take steps at the request of a consumer prior to entering
15   into a contract;
16       (h) Take immediate steps to protect an interest that is essential
17   for the life or physical safety of the consumer or another
18   individual;
19       (i) Prevent, detect, protect against, or respond to security
20   incidents, identity theft, fraud, harassment, or malicious or
21   deceptive activities;
22       (j) Take actions to prevent, detect, protect against, report, or
23   respond   to    the   production,   generation,    incorporation,  or
24   synthesization of child sex abuse material, or any illegal activity,
25   preserve the integrity or security of systems, or investigate,
26   report, or prosecute those responsible for any such action;
27       (k) Engage in public or peer-reviewed scientific or statistical
28   research in the public interest that adheres to all other applicable
29   ethics and privacy laws and is approved, monitored, and governed by
30   an institutional review board that determines, or similar independent
31   oversight entities that determine, that the expected benefits of the
32   research outweigh the risks associated with such research and whether
33   the developer or deployer has implemented reasonable safeguards to
34   mitigate the risks associated with such research;
35       (l) Assist another developer or deployer with any of the
36   obligations imposed by this chapter; or
37       (m) Take any action that is in the public interest in the areas
38   of public health, community health, or population health, but solely
39   to the extent that such action is subject to suitable and specific
40   measures to safeguard the public.
                                     p. 13                         HB 2157
 1       (2) The obligations imposed on developers or deployers by this
 2   chapter do not restrict a developer's or deployer's ability to:
 3       (a) Conduct internal research to develop, improve, or repair
 4   products, services, or technologies;
 5       (b) Effectuate a product recall;
 6       (c) Identify and repair technical errors that impair existing or
 7   intended functionality; or
 8       (d) Perform internal operations that are reasonably aligned with
 9   the expectations of the consumer or reasonably anticipated based on
10   the consumer's existing relationship with the developer or deployer.
11       (3) Nothing in this chapter may be construed to impose any
12   obligation on a developer or deployer to disclose trade secrets or
13   information protected from disclosure by state or federal law.
14       (4) The obligations imposed on developers or deployers by this
15   chapter do not apply where compliance by the developer or deployer
16   with such obligations would violate an evidentiary privilege under
17   federal law or the laws of Washington.
18       (5) Nothing in this chapter may be construed to impose any
19   obligation on a developer or deployer that adversely affects the
20   legally protected rights or freedoms of any person, including the
21   rights of any person to freedom of speech or freedom of the press
22   guaranteed in the First Amendment to the Constitution of the United
23   States.
24       (6) The obligations imposed on developers or deployers by this
25   chapter do not apply to any artificial intelligence system that is
26   acquired by or for the federal government or any federal agency or
27   department, including the United States department of commerce, the
28   United States department of defense, and the national aeronautics and
29   space administration, unless such artificial intelligence system is a
30   high-risk artificial intelligence system that is used to make, or is
31   a substantial factor in making, a decision concerning employment or
32   housing.
33       (7) The obligations imposed on developers or deployers by this
34   chapter are satisfied for a financial institution, if such financial
35   institution is subject to the jurisdiction of any state or federal
36   regulator under any published guidance or regulations that apply to
37   the use of high-risk artificial intelligence systems and such
38   guidance or regulations.
39       (8)(a) The provisions of this chapter do not apply to any
40   insurer, or any high-risk artificial intelligence system developed by
                                     p. 14                         HB 2157
 1   or for or deployed by an insurer for use in the business of
 2   insurance, if such insurer is regulated and supervised by the office
 3   of the insurance commissioner or a comparable federal regulating body
 4   and subject to examination by such entity under any existing
 5   statutes, rules, or regulations pertaining to unfair trade practices
 6   and unfair discrimination, or published guidance or regulations that
 7   apply to the use of high-risk artificial intelligence systems and
 8   such guidance or regulations aid in the prevention and mitigation of
 9   algorithmic discrimination caused by the use of a high-risk
10   artificial   intelligence   system   or  any   risk   of   algorithmic
11   discrimination that is reasonably foreseeable as a result of the use
12   of a high-risk artificial intelligence system.
13       (b) Nothing in this chapter may be construed to delegate existing
14   regulatory oversight of the business of insurance to any department
15   or agency other than the office of the insurance commissioner.
16       (9) The provisions of this chapter do not apply to the
17   development of an artificial intelligence system that is used
18   exclusively for research, training, testing, or other predeployment
19   activities performed by active participants of any sandbox software
20   or sandbox environment established and subject to oversight by a
21   designated agency or other government entity and that is in
22   compliance with the provisions of this chapter.
23       (10) The provisions of this chapter do not apply to a developer
24   or deployer, or other person who develops, deploys, puts into
25   service, or intentionally modifies, as applicable, a high-risk
26   artificial intelligence system that:
27       (a) Has been approved, authorized, certified, cleared, developed,
28   or granted by a federal agency acting within the scope of the federal
29   agency's authority, or by a regulated entity subject to the
30   supervision and regulation of the federal housing finance agency; or
31       (b) Is in compliance with standards established by a federal
32   agency or by a regulated entity subject to the supervision and
33   regulation of the federal housing finance agency, if the standards
34   are substantially equivalent or more stringent than the requirements
35   of this chapter.
36       (11) The provisions of this chapter do not apply to a developer
37   or deployer, or other person that facilitates or engages in the
38   provision of telemedicine, as defined in RCW 70.41.020, or is a
39   covered entity within the meaning of the federal health insurance
40   portability and accountability act of 1996 (42 U.S.C. Sec. 1320d et
                                     p. 15                         HB 2157
 1   seq.) and the regulations promulgated under such federal act, as both
 2   may be amended from time to time, if such developer, deployer, or
 3   person is providing:
 4       (a) Health care recommendations that are generated by an
 5   artificial intelligence system and require a health care provider
 6   subject to RCW 18.130.040 to take action to implement the
 7   recommendations; or
 8       (b) Services utilizing an artificial intelligence system for an
 9   administrative, quality measurement, security, or internal cost or
10   performance improvement function.
11       (12) If a developer or deployer engages in any action authorized
12   by an exemption set forth in this section, the developer or deployer
13   bears the burden of demonstrating that such action qualifies for such
14   exemption.
15       (13) If a developer or deployer withholds information pursuant to
16   an exemption set forth in this chapter for which disclosure would
17   otherwise be required by this chapter, including the exemption from
18   disclosure of trade secrets, the developer or deployer shall notify
19   the subject of disclosure and provide a basis for withholding the
20   information. If a developer or deployer redacts any information
21   pursuant to an exemption from disclosure, the developer or deployer
22   shall notify the subject of disclosure that the developer or deployer
23   is redacting such information and provide the basis for such decision
24   to redact.
25       (14) For purposes of this section:
26       (a) "Financial institution" means a bank, out-of-state bank,
27   credit union, out-of-state credit union, federal credit union,
28   mortgage lender, or savings institution organized under state or
29   federal law, or any subsidiary, affiliate, or service provider of a
30   financial institution.
31       (b) "Insurer" has the same meaning as defined in RCW 48.01.050.


32       NEW SECTION.    Sec. 5.    (1) In addition to any other remedy
33   provided by law, a person may file a civil action against a developer
34   or deployer for a violation of this chapter. If a court finds that
35   the developer or deployer violated this chapter, the court may enjoin
36   the violation and award reasonable attorneys' fees and costs.
37       (2) In an action brought pursuant to this section, it is an
38   affirmative defense that the developer or deployer:
39       (a) Discovered a violation of any provision of this chapter;
                                     p. 16                         HB 2157
1        (b) Cured such violation no later than 45 days after discovering
2    the violation;
3        (c) Provided notice to the person bringing the civil action
4    pursuant to this section that such violation has been cured and
5    provides accompanying evidence that the violation has been cured; and
6        (d) Is otherwise in compliance with the requirements of this
7    chapter.

 8       NEW SECTION. Sec. 6. This chapter is declared to be remedial,
 9   with the purposes of protecting consumers and ensuring consumers
10   receive information about consequential decisions affecting them. The
11   provisions of this chapter granting rights or protections to
12   consumers are construed broadly and exemptions construed narrowly.


13       NEW SECTION.    Sec. 7.    If any provision of this act or its
14   application to any person or circumstance is held invalid, the
15   remainder of the act or the application of the provision to other
16   persons or circumstances is not affected.


17       NEW SECTION.   Sec. 8.   Sections 1 through 6 and 9 of this act
18   constitute a new chapter in Title 19 RCW.


19      NEW SECTION.   Sec. 9.   This act takes effect January 1, 2027.

                                   --- END ---




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