Engrossed House Bill 2294 — Negative Use Restrictions on Food and Medicine Access (Washington, 2026)

Summary

This is Engrossed House Bill 2294, State of Washington, 69th Legislature, 2026 Regular Session, by Representatives Farivar, Zahn, Berry, Parshley and others named in the sponsor line, prefiled 01/07/26, read first time 01/12/26 and referred to Committee on Consumer Protection & Business. The act relates to prohibiting negative use restrictions on real property that have the effect of limiting consumer access to food and medicine. Section 1 defines terms including drug store, grocery store, pharmacy and retail center. Section 2 addresses a private agreement that imposes a negative use restriction upon real property so as to prohibit or restrict the use of the property for a grocery store or pharmacy.

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Full text

                           ENGROSSED HOUSE BILL 2294


     State of Washington       69th Legislature         2026 Regular Session

     By Representatives Farivar, Zahn, Berry, Parshley, Ryu, Tharinger,
     Reeves, Reed, Ramel, Obras, Cortes, Nance, Street, Duerr, Kloba,
     Taylor, Doglio, Gregerson, Scott, Goodman, Macri, Fosse, Thai,
     Pollet, Bernbaum, and Salahuddin

     Prefiled 01/07/26. Read first time 01/12/26.      Referred to Committee
     on Consumer Protection & Business.




1        AN ACT Relating to prohibiting negative use restrictions on real
2    property that have the effect of limiting consumer access to food and
3    medicine; and adding a new chapter to Title 19 RCW.


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) "Drug store" means a retail establishment or portion of a
 9   retail establishment that sells nonprescription medication and may
10   also sell a wide range of consumer products for health, beauty,
11   personal care, and household use, and that includes a pharmacy within
12   the establishment.
13       (2) "Force majeure" has the same meaning as in RCW 19.122.020.
14       (3) "Grocery store" means a retail establishment or portion of a
15   retail establishment that sells a wide range of groceries intended
16   primarily for home preparation and consumption, including fresh,
17   packaged, canned, dry, prepared or frozen food, beverage products,
18   and similar items.
19       (4) "Pharmacy" means an establishment that securely stores and
20   sells prescription medications.


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1        (5) "Retail center" means a retail development with multiple
2    owners or tenants and that has at least one shared common area and is
3    subject to common management or common control through one or more
4    restrictive covenants or easements.


 5       NEW SECTION. Sec. 2. (1) Except as provided in subsection (3)
 6   of this section, a private agreement that imposes a negative use
 7   restriction upon real property in this state so as to prohibit or
 8   restrict the use of such real property for a grocery store or
 9   pharmacy when the use would otherwise be permitted under applicable
10   land use ordinances, including as a conditional use, is against
11   public policy, is prohibited, and is void and unenforceable. It is
12   unlawful for any person to enter an agreement that is prohibited by
13   this section or for any person who is the beneficiary of a negative
14   use restriction imposed by such an agreement to allow such a
15   restriction agreed to on or after the effective date of this section
16   to remain or to refuse to release it.
17       (2) Except as provided in subsection (3) of this section, the
18   prohibition in subsection (1) of this section:
19       (a) Applies to any private agreement incorporated into a
20   contract, deed restriction, restrictive covenant, lease, memorandum
21   of lease, or any other recorded or unrecorded instrument;
22       (b) Includes a private agreement limiting the size of a grocery
23   store or pharmacy; and
24       (c) Applies to negative use restrictions that prohibit or
25   restrict the use of real property for a pharmacy alone and to
26   negative use restrictions that prohibit or restrict the use of real
27   property for a drug store.
28       (3) This section does not apply to:
29       (a) An agreement imposing a negative use restriction that became
30   effective prior to the effective date of this section;
31       (b) An agreement that imposes a negative use restriction to
32   prohibit or restrict use of real property for a grocery store or
33   pharmacy after an owner or operator of a grocery store or pharmacy
34   discontinues operations of the grocery store or pharmacy on the
35   property for the purpose of relocating the grocery store or pharmacy,
36   if the following conditions are met:
37       (i) When compared to the discontinued store, the relocated store
38   or pharmacy is similar in size or larger and similar in the scope of
39   products sold;
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 1       (ii) The relocated grocery store or pharmacy is located within
 2   two miles of the discontinued site, except as provided in section 3
 3   of this act;
 4       (iii) Relocation and the commencement of operations at the new
 5   site occurs within two years, subject to force majeure, following the
 6   discontinued store's or pharmacy's closure, except as provided in
 7   section 3 of this act; and
 8       (iv) The negative use restriction imposed on the prior site does
 9   not have a term in excess of five years from the date of the closure,
10   except as provided in section 3 of this act; or
11       (c)(i) Except as provided in (c)(ii) of this subsection, an
12   agreement that imposes a negative use restriction to prohibit or
13   restrict use of real property for a grocery store or pharmacy in
14   order to limit competition or conflicting uses within the confines of
15   a retail center by allowing only a limited number of grocery stores
16   or pharmacies within the retail center.
17       (ii) Except as provided in (b) of this subsection, it remains
18   unlawful for any owner or operator who discontinues grocery store or
19   pharmacy use at a site within a retail center for a period exceeding
20   one year, or the time period under section 3 of this act, to seek to
21   enforce a negative use restriction prohibiting or restricting grocery
22   store or pharmacy uses within the retail center.


23       NEW SECTION. Sec. 3. (1) A city, town, or county may establish
24   that upon the written request of an owner or operator and the
25   requestor's   presentation   of  evidence   establishing   extenuating
26   circumstances that demonstrate good cause for the extension, the
27   city, town, or county may, by written determination, extend the
28   following as they apply to the requestor:
29       (a) The distance limit in section 2(b)(ii) of this act to no more
30   than five miles;
31       (b) The time requirement in section 2(b)(iii) of this act;
32       (c) The term limit in section 2(b)(iv) of this act; and
33       (d) The time period in section 2(c)(ii) of this act.
34       (2) Factors for considering good cause include but are not
35   limited to:
36       (a) Maintaining or increasing food and medicine access in the
37   surrounding area, including the area around the discontinued site;
38       (b) Needs related to financing and construction for the new
39   location; and
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1       (c) Promoting private investment in the surrounding area.


 2       NEW SECTION.   Sec. 4.    A party who enters a private agreement
 3   that imposes a negative use restriction upon real property in this
 4   state so as to prohibit or restrict the use of such real property for
 5   a grocery store or pharmacy when the use would otherwise be permitted
 6   under applicable land use ordinances, including as a conditional use,
 7   shall within 10 days of entering the private agreement, notify the
 8   attorney general and the appropriate local jurisdiction, as follows,
 9   of the negative use restriction:
10       (1) The city or town, if the real property is located within an
11   incorporated city or town; or
12       (2) The county legislative authority, if the real property is
13   located in an unincorporated area of the county.


14       NEW SECTION. Sec. 5. (1) The attorney general or a city, town,
15   or county may enforce this chapter through a cause of action in a
16   court of competent jurisdiction including declaratory relief,
17   injunctive relief, or other legal or equitable remedy as appropriate
18   to carry out the purpose and intent of this chapter.
19       (2) A city or town may enforce this chapter with respect to real
20   property located in the city or town. A county may only enforce this
21   chapter with respect to real property located in an unincorporated
22   area of the county.
23       (3) Nothing in this chapter prevents a city, town, or county from
24   enacting or enforcing an ordinance imposing a civil penalty, or
25   authorizing other relief, for a violation of a local ordinance that
26   is similar to the prohibition in section 2 of this act.

27       NEW SECTION.    Sec. 6.    If any provision of this act or its
28   application to any person or circumstance is held invalid, the
29   remainder of the act or the application of the provision to other
30   persons or circumstances is not affected.


31       NEW SECTION.     Sec. 7.    Sections 1   through   5   of   this   act
32   constitute a new chapter in Title 19 RCW.

                                  --- END ---




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