Bill - House Bill 2503, Artificial Intelligence Training Data (Washington Legislature, 2026 Regular Session)

Summary

House Bill 2503 of the 69th Legislature, 2026 Regular Session, State of Washington, is sponsored by Representatives Shavers, Duerr, Parshley, Kloba, Hill, Pollet, and Ramel and is referred to the Committee on Technology, Economic Development, & Veterans. Section 2 requires a developer of a generative artificial intelligence system to post documentation about the training data on the developer's internet website on or before January 1, 2027. Systems whose sole purpose is security and integrity, or the operation of aircraft in the national airspace, are among those not required to post. Section 4 treats a violation as an unfair or deceptive act under the consumer protection act, chapter 19.86 RCW.

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Full text

     H-2895.1

                                HOUSE BILL 2503


     State of Washington        69th Legislature         2026 Regular Session

     By Representatives Shavers, Duerr, Parshley, Kloba, Hill, Pollet, and
     Ramel

     Read first time 01/15/26.      Referred   to   Committee   on   Technology,
     Economic Development, & Veterans.




 1       AN ACT Relating to artificial intelligence training data; and
 2   adding a new chapter to Title 19 RCW.


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


 4       NEW SECTION.    Sec. 1.    The definitions in this section apply
 5   throughout   this  chapter   unless  the   context  clearly  requires
 6   otherwise.
 7       (1) "Aggregate consumer information" means information that
 8   relates to a group or category of consumers, from which individual
 9   consumer identities have been removed, that is not linked or
10   reasonably linkable to any consumer or household, including via a
11   device. "Aggregate consumer information" does not mean one or more
12   individual consumer records that have been deidentified.
13       (2) "Artificial intelligence" means the use of machine learning
14   and related technologies that use data to train statistical models
15   for the purpose of enabling computer systems to perform tasks
16   normally associated with human intelligence or perception, such as
17   computer vision, speech, or natural language processing, and content
18   generation.
19       (3) "Developer" means a person, partnership, or corporation
20   primarily engaged in developing or substantially modifying a
21   generative artificial intelligence system intended for commercial
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 1   distribution or public use. For the purposes of this subsection,
 2   "public use" does not include use by an affiliate as defined in RCW
 3   19.146.010. This definition excludes individuals or entities that
 4   develop artificial intelligence systems solely for internal use or
 5   research purposes or those that utilize third-party artificial
 6   intelligence systems via application programming interface without
 7   substantial modification. This definition also excludes public
 8   entities and tribal nations.
 9       (4) "Generative artificial intelligence" means an artificial
10   intelligence system that generates novel data or content based on a
11   foundation model.
12       (5) "Security and integrity" means the ability of:
13       (a) Networks or information systems to detect security incidents
14   that compromise the availability, authenticity, integrity, and
15   confidentiality of stored or transmitted personal information;
16       (b)   Developers,  users,   or  businesses   to  detect  security
17   incidents, resist malicious, deceptive, fraudulent, or illegal
18   actions and to help prosecute those responsible for those actions;
19   and
20       (c) Developers, users, or businesses to ensure the physical
21   safety of natural persons.
22       (6) "Substantial modification" means a new version, new release,
23   or substantial update from the developer, or an intentional and
24   deliberate change to a generative artificial intelligence system by a
25   deployer, that materially changes its functionality or performance in
26   a manner that was not reasonably foreseeable to the developer at the
27   time the artificial intelligence system was made publicly available
28   by the developer.
29       (7) "Synthetic data generation" means a process in which original
30   data are used to create artificial data that have some of the
31   statistical characteristics of the original data.
32       (8) "Train a generative artificial intelligence system" includes
33   testing, validating, or fine tuning by the developer of the
34   generative artificial intelligence system.


35       NEW SECTION.   Sec. 2.   (1) On or before January 1, 2027, and
36   before each time thereafter that a generative artificial intelligence
37   system, or a substantial modification to a generative artificial
38   intelligence system, released on or after January 1, 2022, is made
39   publicly available to Washingtonians for use, regardless of whether
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 1   the terms of that use include compensation, the developer of the
 2   system shall post on the developer's internet website documentation
 3   regarding the data used by the developer to train the generative
 4   artificial intelligence system including, but not limited to, a high-
 5   level summary of the datasets used in the development of the
 6   generative artificial intelligence system including, but not limited
 7   to:
 8       (a) The sources of the datasets;
 9       (b) A general description of how the datasets further the
10   intended purpose of the generative artificial intelligence system;
11       (c) The number of data points included in the datasets, which may
12   be in general ranges, and with estimated figures for dynamic
13   datasets;
14       (d) A high-level description of the types of data points within
15   the datasets;
16       (e) Whether the datasets include any data protected by copyright,
17   trademark, or patent, or whether the datasets are entirely in the
18   public domain;
19       (f) Whether the datasets were purchased or licensed by the
20   developer;
21       (g) Whether the datasets include personal information, as defined
22   in RCW 19.373.010;
23       (h) Whether the datasets include aggregate consumer information;
24       (i) Whether there was any cleaning, processing, or other
25   modification to the datasets by the developer, including the intended
26   purpose of those efforts in relation to the generative artificial
27   intelligence system;
28       (j) The dates the datasets were first trained or the date of the
29   last significant update to the datasets during the development of the
30   generative artificial intelligence system; and
31       (k) Whether the generative artificial intelligence system used or
32   continuously uses synthetic data generation in its development. A
33   developer may include a description of the functional need or desired
34   purpose of the synthetic data in relation to the intended purpose of
35   the system.
36       (2) A developer is not required to post documentation regarding
37   the data used to train a generative artificial intelligence system
38   for any of the following:
39       (a) A generative artificial intelligence system whose sole
40   purpose is to help ensure security and integrity;
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 1       (b) A generative artificial intelligence system whose sole
 2   purpose is the operation of aircraft in the national airspace; and
 3       (c) A generative artificial intelligence system developed for
 4   national security, military, or defense purposes that is made
 5   available only to a federal entity.
 6       (3) The requirements in this chapter do not apply to generative
 7   artificial intelligence systems that are subject to applicable
 8   requirements under the federal food, drug, and cosmetic act, 21
 9   U.S.C. Sec. 301 et seq., as amended.

10       NEW SECTION. Sec. 3. Section 2 of this act shall be construed
11   to require developers to comply based on the generally acknowledged
12   state of the art, which may include, but is not limited to, guidance
13   issued by the national institute of standards and technology, without
14   compromising their own intellectual property rights or trade secrets.


15       NEW SECTION.   Sec. 4.  The legislature finds that the practices
16   covered by this chapter are matters vitally affecting the public
17   interest for the purpose of applying the consumer protection act,
18   chapter 19.86 RCW. A violation of this chapter is not reasonable in
19   relation to the development and preservation of business and is an
20   unfair or deceptive act in trade or commerce and an unfair method of
21   competition for purposes of applying the consumer protection act,
22   chapter 19.86 RCW.


23       NEW SECTION.     Sec. 5.    Sections 1   through   4   of   this   act
24   constitute a new chapter in Title 19 RCW.

                                  --- END ---




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