Artificial Intelligence. Artificial intelligence (AI) is defined and understood in different ways. The National Institute of Standards and Technology (NIST), in its AI Risk Management Framework, defines an AI system as an engineered or machine-based system that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions influencing real or virtual environments.

Artificial Intelligence Task Force. In 2024 the Legislature established the AI Task Force, administered by the Office of the Attorney General. The AI Task Force is tasked with assessing current uses and trends of AI and making recommendations to the Legislature regarding guidelines and potential legislation for the use of AI systems.

High Risk Artificial Intelligence Systems. Beginning July 1, 2027, each deployer of a high-risk AI system must use industry-standard means to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination.

Risk Management. Deployers of high-risk AI systems, on or after July 1, 2027, must implement and maintain a risk management policy and program. The policy and program must specify and incorporate the principles, processes, and personnel that the deployer uses to identify, document, and mitigate known or reasonably foreseeable risks of algorithmic discrimination. A deployer must use:

• a NIST or other nationally or internationally accepted framework; or
• comply with a framework that the attorney general designates.

Impact Assessments. Deployers of high-risk AI systems, on or after July 1, 2027, must complete an impact assessment that evaluates and documents:

• the systems purpose;
• an analysis of known or foreseeable risks of algorithmic discrimination;
• steps taken to mitigate risks;
• a description of the data, outputs, and metrics to evaluate the system; and
• a description of transparency measures, post-deployment monitoring and user safeguards.

Consumer Notice. Each time a deployer uses an AI system in making a consequential decision, the deployer must provide notice to the consumer with certain disclosures. 

In any enforcement action, there is a rebuttable presumption that a deployer used reasonable care if the deployer was in compliance with the requirements of this act.

Exemptions. Exempt AI systems and covered entities under the act include:

• deployers that employ fewer than 50 full time employees;
• deployers that do not use the deployers own data to train the AI system; and
• AI systems that are used for the intended uses as disclosed by the deployer and where the deployer makes available to consumers any impact assessment that includes information that is substantially similar to information in the impact assessment required under this act.

Enforcement. The attorney general may bring an enforcement action under the Consumer Protection Act. Before commencing an enforcement action, the attorney general must provide 45 days written notice to a deployer or developer that is out of compliance with the act.

Government Disclosure. A government agency that makes available an AI system intended to interact with consumers must provide certain disclosures to each consumer, before or at the time of interaction, that the consumer is interacting with an AI system. 

Artificial Intelligence Task Force. A new workgroup under the direction of the AI Task Force is established. The workgroup is charged with developing recommendations related to AI in the workplace. Membership is appointed by the attorney general.

The expiration date for the AI Task Force is extended to June 30, 2028.

"Algorithmic discrimination" is defined to mean the use of an AI system that results in an unlawful differential impact that disfavors an individual or group on the basis of a protected class defined under the Washington laws against discrimination.

"Consequential decision" is defined to mean any decision that has a material legal or similarly significant impact on decisions including, but not limited to: pardon, parole, or release; educational enrollment; employment, financial or lending, health care, insurance.