title: RCW 19.405.090

text:
(1)(a) An electric utility or an affected market customer that fails to meet the standards established under RCW 19.405.030(1) and 19.405.040(1) must pay an administrative penalty to the state of Washington in the amount of one hundred dollars, times the following multipliers, for each megawatt-hour of electric generation used to meet load that is not electricity from a renewable resource or nonemitting electric generation:
(i) 1.5 for coal-fired resources;
(ii) 0.84 for gas-fired peaking power plants; and
(iii) 0.60 for gas-fired combined-cycle power plants.
(b) Beginning in 2027, this penalty must be adjusted on a biennial basis according to the rate of change of the inflation indicator, gross domestic product implicit price deflator, as published by the bureau of economic analysis of the United States department of commerce or its successor. Beginning in 2040, the commission may by rule increase this penalty for investor-owned utilities if the commission determines that doing so will accelerate utilities' compliance with the standards established under this chapter and that doing so is in the public interest.
(2) Consistent with the requirements of RCW 19.405.040(1)(b), a utility may opt to make a payment in the amount of the administrative penalty as an alternative compliance payment, without incurring a penalty for noncompliance.
(3)(a) Upon its own motion or at the request of an investor-owned utility, and after a hearing, the commission may issue an order relieving the utility of its administrative penalty obligation under subsection (1) of this section if it finds that:
(i) After taking all reasonable measures, the investor-owned utility's compliance with this chapter is likely to result in conflicts with or compromises to its obligation to comply with the mandatory and enforceable reliability standards of the North American electric reliability corporation, violate prudent utility practice for assuring resource adequacy, or compromise the power quality or integrity of its system; or
(ii) The investor-owned utility is unable to comply with the standards established in RCW 19.405.030(1) or 19.405.040(1) due to reasons beyond the reasonable control of the investor-owned utility, as set forth in subsection (6) of this section.
(b) If the commission issues an order pursuant to (a) of this subsection that relieves an investor-owned utility of its administrative penalty obligation under subsection (1) of this section, the commission may issue an order:
(i) Temporarily exempting the investor-owned utility from the requirements of RCW 19.405.040(1) for an amount of time sufficient to allow the investor-owned utility to achieve full compliance with the standard;
(ii) Directing the investor-owned utility to file a progress report to the commission on achieving full compliance with the standard within six months after issuing the order, or within an amount of time determined to be reasonable by the commission; and
(iii) Directing the investor-owned utility to take specific actions to achieve full compliance with the requirements of this chapter.
(c) An investor-owned utility may request an extension of a temporary exemption granted under this section. An investor-owned utility that requests an extension must request an update to the order issued by the commission under (b) of this subsection.
(4) Subsection (3) of this section does not permanently relieve an investor-owned utility of its obligation to comply with the requirements of this chapter.
(5)(a) The governing body of a consumer-owned utility may authorize a temporary exemption from the standard established under RCW 19.405.040(1), for an amount of time sufficient to allow the consumer-owned utility to achieve full compliance with the standard, if the governing body finds that:
(i) The consumer-owned utility's compliance with the standard is likely to: Result in conflicts with or compromises to its obligation to comply with the mandatory and enforceable reliability standards of the North American electric reliability corporation; violate prudent utility practice for assuring resource adequacy; or compromise the power quality or integrity of its system; or
(ii) The consumer-owned utility is unable to comply with the standard due to reasons beyond the reasonable control of the utility, as set forth in subsection (6) of this section; and
(iii) The consumer-owned utility has provided to the department a plan demonstrating how it plans to achieve full compliance with the standard, consistent with the findings of the report submitted to the legislature under RCW 19.405.080.
(b) Upon request by the governing body of a consumer-owned utility, a consumer-owned utility must be relieved of its administrative penalty obligation under subsection (1) of this section if the auditor issues a finding that:
(i) The governing body of the consumer-owned utility has properly issued a temporary exemption under (a) of this subsection for a period of time not to exceed six months; and
(ii) The governing body of the consumer-owned utility has submitted to the department a plan to take specific actions to achieve full compliance with the standard, consistent with the findings of the report submitted to the legislature under RCW 19.405.080.
(c) Upon issuance of a finding by the auditor, the consumer-owned utility must submit a progress report to the department on achieving full compliance with the standard within the term authorized in the temporary exemption.
(d) A consumer-owned utility may request an extension of a temporary exemption granted under this subsection, subject to the same requirements as provided in (a) through (c) of this subsection.
(e) The attorney general may bring a civil action in the name of the state for any appropriate civil remedy including, but not limited to, injunctive relief, penalties, costs, and attorneys' fees, to enforce compliance with this chapter:
(i) Upon the failure of the governing body of a consumer-owned utility to comply with the conditions of a temporary exemption found by the auditor to be properly adopted or extended; or
(ii) Upon failure of the governing body of a consumer-owned utility to comply with a finding by the auditor that a temporary exemption is not properly granted.
(f) This subsection does not permanently relieve a consumer-owned utility of its obligation to comply with the requirements of this chapter.
(6) To the extent an event or circumstance cannot be reasonably foreseen and ameliorated, such events or circumstances beyond the reasonable control of an electric utility may include but are not limited to:
(a) Weather-related damage;
(b) Natural disasters;
(c) Mechanical or resource failure;
(d) Failure of a third party to meet contractual obligations to the electric utility;
(e) Actions of governmental authorities that adversely affect the generation, transmission, or distribution of nonemitting electric generation or renewable resources owned or under contract to an electric utility, including condemnation actions by municipal electric utilities, public utility districts, or irrigation districts that adversely affect an investor-owned utility's ability to meet the standard established in RCW 19.405.030(1) and 19.405.040(1);
(f) Inability to acquire sufficient transmission to transmit electricity from nonemitting electric generation or renewable resources to load; and
(g) Substantial limitations, restrictions, or prohibitions on nonemitting electric generation or renewable resources.
(7) An electric utility must notify its retail electric customers in published form within three months of paying the administrative penalty established under subsection (1) of this section. An electric utility is not required to notify its retail electric customers when making a payment in the amount of the administrative penalty as an alternative compliance payment consistent with the requirements of RCW 19.405.040(1)(b).
(8) Moneys collected under this section must be deposited into the low-income weatherization and structural rehabilitation assistance account created in RCW 70A.35.030.
(9) For an investor-owned utility, the commission must determine compliance with the requirements of this chapter.
(10) For consumer-owned utilities, the auditor is responsible for auditing compliance with this chapter and rules adopted under this chapter that apply to those utilities and the attorney general is responsible for enforcing that compliance.
(11) If the report submitted under RCW 19.405.080 demonstrates adverse system reliability impacts from the implementation of RCW 19.405.040 and 19.405.050, the governor, consistent with the emergency powers under RCW 43.21G.040, may suspend or delay implementation of this chapter, or exempt an electric utility from paying the administrative penalty under this section, until system reliability impacts can be addressed. Adverse system reliability impacts may include, but are not limited to, the inability of electric utilities or transmission operators to meet reliability standards mandated by federal or state law and required by prudent utility practices.
(12) Notwithstanding RCW 54.16.020, the fair market value compensation for an asset that is condemned by a municipal electric utility, public utility district, or irrigation district and that is either demonstrated in an electric utility's clean energy action plan or clean energy implementation plan to be used or acquired after May 7, 2019, to meet the requirements of RCW 19.405.040 and 19.405.050, or an asset that generates electricity from renewable resources or nonemitting electric generation, must include but not be limited to a replacement value approach. Additionally, the electric utility may seek, and the court may award, damages attributable to the severance, separation, replacement, or relocation of utility assets. The trier of fact may also consider other damages, as well as offsetting benefits, that it finds just and equitable.
(13) An entity that establishes or extends service to the premises of a customer who is being served by an electric utility or was served by an electric utility prior to May 7, 2019, must serve those premises in a manner that complies with the requirements of chapter 288, Laws of 2019 and with chapter 19.285 RCW, if applicable. An electric utility or other entity that fails to comply with the requirements of this subsection must pay the administrative penalty under subsection (1) of this section for each megawatt-hour of electric generation used to serve load that does not meet the terms of this subsection.
[ 2021 c 65 s 20; 2019 c 288 s 9.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Compliance, enforcement, and penalties—Alternatives.


doc_type: statute

jurisdiction: wa

title: RCW 19.405.100

text:
(1) It is the intent of this chapter that the commission and department adopt rules to streamline the implementation of chapter 288, Laws of 2019 with chapter 19.285 RCW to simplify compliance and avoid duplicative processes. It is the intent of the legislature that the commission and the department coordinate in developing rules related to process, timelines, and documentation that are necessary for the implementation of this chapter.
(2) The commission may adopt rules to ensure the proper implementation and enforcement of this chapter as it applies to investor-owned utilities.
(3) The department may adopt rules to ensure the proper implementation and enforcement of this chapter as it applies to consumer-owned utilities. Nothing in this subsection may be construed to restrict the rate-making authority of the governing body of a consumer-owned utility as otherwise provided by law.
(4)(a) The department must adopt rules establishing reporting requirements for electric utilities to demonstrate compliance with this chapter. The requirements must, to the extent practicable, be consistent with the disclosures required under chapter 19.29A RCW.
(b) The department must establish reporting requirements for port districts formed under Title 53 RCW. The department may waive the reporting requirements that do not pertain to the retail electric customers served by port districts.
(c) The commission must adopt rules establishing reporting requirements for affected market customers to demonstrate compliance with this chapter. The requirements must, to the extent practicable, be consistent with the disclosures required under chapter 19.29A RCW. The commission may waive reporting requirements for affected market customers that only procure power from nonemitting electric generation or renewable resources.
(d)(i) Except as provided in (d)(ii) of this subsection, beginning with the interim performance report due July 1, 2026, consumer-owned electric utilities must include in each interim performance or compliance report the number of unspecified electricity contracts with terms greater than 31 days used to serve Washington retail customers. The report will include information regarding the duration and purpose of the unspecified contracts and the months contracted.
(ii) The requirement in (d)(i) of this subsection applies to a port district formed under Title 53 RCW beginning July 1, 2030.
(5) An investor-owned utility must also report all information required in subsection (4)(a) of this section to the commission.
(6) An electric utility must also make reports required in this section available to its retail electric customers.
(7) The department of ecology must adopt rules, in consultation with the commission and the department of commerce, to establish requirements for energy transformation project investments including, but not limited to, verification procedures, reporting standards, and other logistical issues as necessary.
(8) The department must adopt rules providing for the measuring and tracking of thermal renewable energy credits that may be used for compliance under RCW 19.405.040.
(9) Pursuant to the administrative procedure act, chapter 34.05 RCW, rules needed for the implementation of this chapter must be adopted by January 1, 2021, unless specified otherwise elsewhere in this chapter. These rules may be revised as needed to carry out the intent and purposes of this chapter.
[ 2026 c 181 s 2; 2025 c 221 s 3; 2019 c 288 s 10.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Rule making.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.405.110

text:
The requirements of RCW 19.405.030 through 19.405.090 do not replace or modify the requirements established under chapter 19.285 RCW. All utility activities to comply with the requirements established under chapter 19.285 RCW also qualify for compliance with the requirements contained in this chapter, insofar as those activities meet the requirements of chapter 288, Laws of 2019.
[ 2019 c 288 s 11.]

catchline: Relationship to the energy independence act.


title: RCW 19.405.120

text:
(1) It is the intent of the legislature to demonstrate progress toward addressing the disproportionate impacts of home energy bills on low-income households and reduce energy assistance need consistent with the policies identified in this section.
(2)(a) An electric utility must ensure that each low-income household has access to an energy assistance program.
(b)(i) An electric utility must ensure that the cumulative annual level of low-income energy assistance that it provides to its customers is not reduced as a result of participation in the statewide low-income energy assistance program established under RCW 43.330.625.
(ii) The cumulative assistance may not include a responsibility for nonutility sources of funds.
(c) For the purposes of this subsection, "energy assistance" has the same meaning as defined in RCW 43.330.620.
(3) Each utility must demonstrate progress in providing energy assistance pursuant to the assessment and plans in subsection (5) of this section. To the extent practicable, priority must be given to low-income households with a higher energy burden.
(4) Beginning July 31, 2020, the department must collect and aggregate data estimating the energy burden and energy assistance need and reported energy assistance for each electric utility, in order to improve agency and utility efforts to serve low-income households with energy assistance. The department must update the aggregated data on a biennial basis, make it publicly accessible on its internet website and, to the extent practicable, include geographic attributes.
(a) The aggregated data published by the department must include, but is not limited to:
(i) The estimated number and demographic characteristics of households served by energy assistance for each utility and the dollar value of the assistance;
(ii) The estimated level of energy burden and energy assistance need among customers served, accounting for household income and other drivers of energy burden;
(iii) Housing characteristics including housing type, home vintage, and fuel types; and
(iv) Energy efficiency potential.
(b) Each utility must disclose information to the department for use under this subsection, including:
(i) The amount and type of energy assistance and the number and type of households, if applicable, served for programs administered by the utility;
(ii) The amount of money passed through to third parties that administer energy assistance programs;
(iii) The amount of money used to mitigate rate impacts to low-income customers and a description of any other benefits provided to ratepayers from the sale of allowances as required under RCW 70A.65.120(4), if applicable; and
(iv) Subject to availability, any other information related to the utility's low-income assistance programs that is requested by the department.
(c) The information required by (b) of this subsection must be from the electric utility's most recent completed budget period and in a form, timeline, and manner as prescribed by the department.
(5)(a) In addition to the requirements under subsection (4) of this section, each electric utility must submit biennially to the department a description of:
(i) The programs and mechanisms used by the utility to reduce energy burden;
(ii) The outreach strategies used to encourage participation of eligible households, including consultation with community-based organizations and Indian tribes as appropriate, and comprehensive enrollment campaigns that are linguistically and culturally appropriate to the customers they serve in vulnerable populations; and
(iii) A cumulative assessment of program participation rates and funding levels compared to what is needed to meet energy assistance need.
(b) For electric utilities with more than 25,000 retail customers, the description required in (a) of this subsection must include a plan to improve the effectiveness of the mechanisms and strategies toward meeting the energy assistance need.
(6) A consumer-owned utility may enter into an agreement with a public university, community-based organization, or joint operating agency organized under chapter 43.52 RCW to aggregate the disclosures required in this section and submit the assessment required in subsection (4) of this section and the description in subsection (5) of this section.
(7)(a) The department must submit a biennial report to the legislature that:
(i) Aggregates information into a statewide summary of energy assistance programs, energy burden, and energy assistance need;
(ii) Identifies and quantifies current expenditures on low-income energy assistance; and
(iii) Evaluates the effectiveness of additional mechanisms for energy assistance including, but not limited to, customer rates, a low-income specific discount, system benefits charges, and public and private funds.
(b) The department must also assess mechanisms to prioritize energy assistance towards low-income households with a higher energy burden.
(8) Nothing in this section may be construed to restrict the rate-making authority of the commission or the governing body of a consumer-owned utility as otherwise provided by law.
[ 2026 c 252 s 5; 2019 c 288 s 12.]
Notes:
Expiration date—2026 c 252 s 5: "Section 5 of this act expires June 30, 2035." [ 2026 c 252 s 7.]
Finding—Intent—Nonseverability—2026 c 252: See notes following RCW 43.330.620.
PDF
RCW 19.405.120
Energy assistance for low-income households. (Effective June 30, 2035.)
(1) It is the intent of the legislature to demonstrate progress toward making energy assistance funds available to low-income households consistent with the policies identified in this section.
(2) An electric utility must make programs and funding available for energy assistance to low-income households by July 31, 2021. Each utility must demonstrate progress in providing energy assistance pursuant to the assessment and plans in subsection (4) of this section. To the extent practicable, priority must be given to low-income households with a higher energy burden.
(3) Beginning July 31, 2020, the department must collect and aggregate data estimating the energy burden and energy assistance need and reported energy assistance for each electric utility, in order to improve agency and utility efforts to serve low-income households with energy assistance. The department must update the aggregated data on a biennial basis, make it publicly accessible on its internet website and, to the extent practicable, include geographic attributes.
(a) The aggregated data published by the department must include, but is not limited to:
(i) The estimated number and demographic characteristics of households served by energy assistance for each utility and the dollar value of the assistance;
(ii) The estimated level of energy burden and energy assistance need among customers served, accounting for household income and other drivers of energy burden;
(iii) Housing characteristics including housing type, home vintage, and fuel types; and
(iv) Energy efficiency potential.
(b) Each utility must disclose information to the department for use under this subsection, including:
(i) The amount and type of energy assistance and the number and type of households, if applicable, served for programs administered by the utility;
(ii) The amount of money passed through to third parties that administer energy assistance programs; and
(iii) Subject to availability, any other information related to the utility's low-income assistance programs that is requested by the department.
(c) The information required by (b) of this subsection must be from the electric utility's most recent completed budget period and in a form, timeline, and manner as prescribed by the department.
(4)(a) In addition to the requirements under subsection (3) of this section, each electric utility must submit biennially to the department an assessment of:
(i) The programs and mechanisms used by the utility to reduce energy burden and the effectiveness of those programs and mechanisms in both short-term and sustained energy burden reductions;
(ii) The outreach strategies used to encourage participation of eligible households, including consultation with community-based organizations and Indian tribes as appropriate, and comprehensive enrollment campaigns that are linguistically and culturally appropriate to the customers they serve in vulnerable populations; and
(iii) A cumulative assessment of previous funding levels for energy assistance compared to the funding levels needed to meet: (A) Sixty percent of the current energy assistance need, or increasing energy assistance by fifteen percent over the amount provided in 2018, whichever is greater, by 2030; and (B) ninety percent of the current energy assistance need by 2050.
(b) The assessment required in (a) of this subsection must include a plan to improve the effectiveness of the assessed mechanisms and strategies toward meeting the energy assistance need.
(5) A consumer-owned utility may enter into an agreement with a public university, community-based organization, or joint operating agency organized under chapter 43.52 RCW to aggregate the disclosures required in this section and submit the assessment required in subsections (3) and (4) of this section.
(6)(a) The department must submit a biennial report to the legislature that:
(i) Aggregates information into a statewide summary of energy assistance programs, energy burden, and energy assistance need;
(ii) Identifies and quantifies current expenditures on low-income energy assistance; and
(iii) Evaluates the effectiveness of additional optimal mechanisms for energy assistance including, but not limited to, customer rates, a low-income specific discount, system benefits charges, and public and private funds.
(b) The department must also assess mechanisms to prioritize energy assistance towards low-income households with a higher energy burden.
(7) Nothing in this section may be construed to restrict the rate-making authority of the commission or the governing body of a consumer-owned utility as otherwise provided by law.
[ 2019 c 288 s 12.]

catchline: Energy assistance for low-income households. (Effective until June 30, 2035.)


title: RCW 19.405.130

text:
(1) The department and the commission must convene a stakeholder work group to examine the:
(a) Efficient and consistent integration of chapter 288, Laws of 2019 and transactions with carbon and electricity markets outside the state; and
(b) Compatibility of the requirements under chapter 288, Laws of 2019 relative to a linked cap-and-trade program.
(2) To assist in its examination of the issues identified in this section, as well as any other issues pertinent to its review, the work group must, at a minimum, consist of electric utilities, gas companies, the Bonneville power administration, public interest and environmental organizations, and other agencies.
(3) The department and the commission must adopt rules by June 30, 2022, defining requirements, including appropriate specification, verification, and reporting requirements, for the following: (a) Retail electric load met with market purchases and the western energy imbalance market or other centralized market administered by a market operator for the purposes of RCW 19.405.030 through 19.405.050; and (b) to address the prohibition on double counting of nonpower attributes under RCW 19.405.040(1) that could occur under other programs. With respect to purchases from the western energy imbalance market or other centralized market, the department and the commission must consult with the market operator and market participants to consider options that support the objectives of this chapter and the efficient dispatch of the generation resources dispatched by those markets.
[ 2019 c 288 s 13.]

catchline: Stakeholder work group.


title: RCW 19.405.140

text:
By December 31, 2020, the department of health must develop a cumulative impact analysis to designate the communities highly impacted by fossil fuel pollution and climate change in Washington. The cumulative impact analysis may integrate with and build upon other concurrent cross-agency efforts in developing a cumulative impact analysis and population tracking resources used by the department of health and analysis performed by the University of Washington department of environmental and occupational health sciences.
[ 2019 c 288 s 24.]

catchline: Department of health—Cumulative impact analysis.


title: RCW 19.405.160

text:
(1) An investor-owned utility may petition the commission for a declaratory order pursuant to RCW 34.05.240 to determine whether a proposed energy transformation project, nonemitting electric generation project, or renewable resource project meets the requirements of RCW 19.405.040 (1) through (3) and 19.405.050 (1) and (5).
(2) The petition for a declaratory order must be in writing and must include information that accurately describes the proposed project.
(3) A project that the commission has determined under this section to comply with the requirements of RCW 19.405.040 (1) through (3) or 19.405.050 (1) and (5) may be identified in an investor-owned utility's clean energy action plan under RCW 19.280.030(2) and the utility's clean energy implementation plan under RCW 19.405.060(1).
(4) If an investor-owned utility seeks approval of a resource or project in a clean energy implementation plan under RCW 19.405.060, or in a proceeding to set rates, that the commission has previously determined under this section complies with the requirements of RCW 19.405.040 (1) through (3) or 19.405.050 (1) and (5) and the resource or project deviates substantively from the one described in the commission's determination in a manner that affects the resource's or project's potential compliance with RCW 19.405.040 (1) through (3) or 19.405.050 (1) and (5), the commission may reevaluate the resource or project to determine if it complies.
[ 2022 c 92 s 1.]

catchline: Declaratory order.


title: RCW 19.405.170

text:
(1) The commission may require an applicant to pay an application fee for a declaratory order requested under RCW 19.405.160. The amount of the fee must be set by the commission to solely cover the cost of reviewing the project and preparing a declaratory order, including a legal analysis.
(2) Nothing in RCW 19.405.160 preempts the authority of the commission from making a determination, independent of the processes under RCW 19.405.160, on whether a proposed energy transformation project, nonemitting electric generation project, or renewable resource project, under RCW 19.405.040 and 19.405.050, meets the planning and portfolio requirements of an investor-owned utility's clean energy implementation plan under this chapter.
(3) A declaratory order issued under RCW 19.405.160 does not by itself determine the prudency associated with an energy transformation project, nonemitting electric generation project, or renewable resource project.
(4) Nothing in RCW 19.405.160 may be construed to require an investor-owned utility to seek an order declaring whether the proposed resource or project complies with the requirements of RCW 19.405.040 (1) through (3) or 19.405.050 (1) and (5).
[ 2022 c 92 s 2.]


title: RCW 19.405.180

text:
For affected market customers, the commission must, on its own motion or if requested, enforce compliance with the requirements of this chapter.
[ 2026 c 181 s 3.]

catchline: Enforcement of chapter.


title: RCW 19.405.900

text:
This chapter may be known and cited as the Washington clean energy transformation act.
[ 2019 c 288 s 26.]

catchline: Short title.


title: RCW 19.405.901

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2019].
[ 2019 c 288 s 31.]

catchline: Effective date—2019 c 288.


title: RCW 19.410.010

text:
(1) Subject to amounts appropriated for this purpose, the psilocybin therapy services pilot program is established within, and administered by, the University of Washington department of psychiatry and behavioral sciences. No later than January 1, 2025, the University of Washington department of psychiatry and behavioral sciences must implement this section.
(2) The pilot program must:
(a) Offer psilocybin therapy services through pathways approved by the federal food and drug administration, to populations including first responders and veterans who are:
(i) 21 years of age or older; and
(ii) Experiencing posttraumatic stress disorder, mood disorders, or substance use disorders;
(b) Offer psilocybin therapy services facilitated by:
(i) An advanced social worker, independent clinical social worker, or mental health counselor licensed under chapter 18.225 RCW;
(ii) A physician licensed under chapter 18.71 RCW; or
(iii) A psychiatric advanced registered nurse practitioner licensed under chapter 18.79 RCW as defined in RCW 71.05.020;
(c) Ensure psilocybin therapy services are safe, accessible, and affordable;
(d) Require an initial assessment to understand participant goals and expectations, and assess the participant's history for any concerns that require further intervention or information before receiving psilocybin therapy services, and an integration session after receiving psilocybin therapy services; and
(e) Use outreach and engagement strategies to include participants from communities or demographic groups that are more likely to be historically marginalized and less likely to be included in research and clinical trials represented by race, sex, sexual orientation, socioeconomic status, age, or geographic location.
[ 2023 c 364 s 8.]
Notes:
Reviser's note: 2023 c 364 ss 1-5, 7, 10, 11, and 13 were vetoed. 2023 c 364 s 13 directed ss 1-5 and 7-11 to be codified in a new chapter in Title 18 RCW, but codification in Title 19 RCW appears to be more appropriate.
PDF
RCW 19.410.010
Pilot program. (Effective June 30, 2027.)
(1) Subject to amounts appropriated for this purpose, the psilocybin therapy services pilot program is established within, and administered by, the University of Washington department of psychiatry and behavioral sciences. No later than January 1, 2025, the University of Washington department of psychiatry and behavioral sciences must implement this section.
(2) The pilot program must:
(a) Offer psilocybin therapy services through pathways approved by the federal food and drug administration, to populations including first responders and veterans who are:
(i) 21 years of age or older; and
(ii) Experiencing posttraumatic stress disorder, mood disorders, or substance use disorders;
(b) Offer psilocybin therapy services facilitated by:
(i) An advanced social worker, independent clinical social worker, or mental health counselor licensed under chapter 18.225 RCW;
(ii) A physician licensed under chapter 18.71 RCW; or
(iii) A psychiatric advanced practice registered nurse licensed under chapter 18.79 RCW as defined in *RCW 71.05.020;
(c) Ensure psilocybin therapy services are safe, accessible, and affordable;
(d) Require an initial assessment to understand participant goals and expectations, and assess the participant's history for any concerns that require further intervention or information before receiving psilocybin therapy services, and an integration session after receiving psilocybin therapy services; and
(e) Use outreach and engagement strategies to include participants from communities or demographic groups that are more likely to be historically marginalized and less likely to be included in research and clinical trials represented by race, sex, sexual orientation, socioeconomic status, age, or geographic location.
[ 2025 c 58 s 5085; 2023 c 364 s 8.]
Notes:
*Reviser's note: RCW 71.05.020 does not define "psychiatric advanced practice registered nurse," but does define "psychiatric advanced registered nurse practitioner." The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Pilot program. (Effective until June 30, 2027.)


title: RCW 19.410.020

text:
Medical professionals licensed by the state of Washington shall not be subject to adverse licensing action for recommending psilocybin therapy services.
[ 2023 c 364 s 9.]
Notes:
Reviser's note: 2023 c 364 ss 1-5, 7, 10, 11, and 13 were vetoed. 2023 c 364 s 13 directed ss 1-5 and 7-11 to be codified in a new chapter in Title 18 RCW, but codification in Title 19 RCW appears to be more appropriate.

catchline: Adverse licensing action.


title: RCW 19.415.005

text:
(1) The legislature finds that:
(a) Consumer access to affordable and reliable products that contain digital electronics, including computers, cell phones, appliances, and other nonexempted consumer products, is essential to overcome digital inequities in Washington state and that broader distribution of the information, parts, and tools necessary to repair digital electronic products will shorten repair times, lengthen the useful lives of digital electronic products, and lower costs for consumers;
(b) Consumers increasingly rely on these products to conduct personal and professional business daily. Many modern consumer products contain digital components, such as microprocessors and microchips, which can create barriers to repairs. In some United States' households, everything from the coffee maker, to the washing machine, vacuum, thermostat, or doorbell may have a digital component as technology has evolved and smart products have increased in popularity;
(c) The need for more accessible and affordable repair options is felt more acutely among specific sectors of the population, notably Washington residents in rural areas and people who earn low incomes. Original manufacturer shops or authorized repair providers are often located in urban areas requiring consumers to travel long distances for repair or be without products for periods of time;
(d) Small, independent businesses play a vital role in Washington's economy. Providing access to information, parts, and tools is essential in contributing to a competitive repair market, allowing small repair shop employees to repair products more safely;
(e) Certain electronic products are comprised of precious metals that are finite, and unnecessary early disposal can be avoided with greater accessibility to proper and affordable repair; and
(f) Other states such as Minnesota, New York, California, and Colorado have enacted right to repair legislation, recognizing the need to increase access to the documentation, tools, and parts necessary to facilitate multiple repair options for all kinds of consumer products with digital electronics.
(2) Therefore, the legislature intends to broaden access to the information and tools necessary to repair digital electronic products, including computers, cell phones, appliances, and other nonexempted products in a safe, secure, reliable, and sustainable manner, thereby increasing access to appropriate and affordable digital electronic products, supporting small businesses and jobs, and making it easier for all residents of Washington state to connect digitally.
[ 2025 c 353 s 1.]

catchline: Findings—Intent.


title: RCW 19.415.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authorized repair provider" means an individual or business that is unaffiliated with an original manufacturer and that has an arrangement with the original manufacturer to use the original manufacturer's trade name, service mark, or other proprietary identifier for the purpose of offering the services of diagnosis, maintenance, or repair of digital electronic products under the name of the original manufacturer, or that has an arrangement with the original manufacturer under which the individual or business offers the services of diagnosis, maintenance, or repair of digital electronic products on behalf of the original manufacturer. An original manufacturer who offers the services of diagnosis, maintenance, or repair of its own digital electronic products shall be considered an authorized repair provider with respect to such products, but only in instances where the original manufacturer does not have an arrangement with an authorized repair provider covering such products.
(2) "Authorized third-party provider" means an individual or business that is unaffiliated with an original manufacturer and that has an arrangement with the original manufacturer to use the original manufacturer's trade name, service mark, or other proprietary identifier for the purpose of distributing parts, tools, or documentation.
(3) "Diagnosis" means the process of identifying the issue or issues that cause digital electronic products to not be in fully working order.
(4) "Digital electronic product" or "products" means any product or electronic that:
(a) Depends, in whole or in part, on digital electronics, such as a microprocessor or microcontroller, embedded in or attached to the product in order to function;
(b) Is tangible personal property;
(c) Is generally used for personal, family, or household purposes;
(d) Is sold, used, or supplied in Washington 180 days or more after the product was first manufactured and 180 days or more after the product was first sold or used in Washington; and
(e) Might be, but is not necessarily, capable of attachment to or installation in real property.
(5) "Documentation" means any manual, maintenance procedures, functional and wiring diagrams, reporting output, service code description, circuit board schematics, security code, password, training material, troubleshooting information, list of required tools, parts list, or other guidance or information that enables a person to diagnose, maintain, repair, or update a digital electronic product.
(6) "Fair and reasonable terms" means each of the following, as applicable:
(a)(i) For parts, at costs that are fair to both parties and at terms that are equivalent to the most fair and reasonable terms under which the manufacturer offers the part, tool, or documentation to an authorized repair provider, accounting for any convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other preference the manufacturer offers to an authorized repair provider, and is not conditioned on or imposing a substantial obligation to use or restrict the use of the part to diagnose, maintain, or repair digital electronic products sold, leased, or otherwise supplied by the original manufacturer;
(ii) For documentation, including any relevant updates, that the documentation is made available at no charge, except that, when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy;
(iii) For tools, that the tools are made available by the manufacturer at no charge and without imposing impediments to access or use of the tools to diagnose, maintain, or repair and enable full functionality of the product, or in a manner that impairs the efficient and cost-effective performance of any such diagnosis, maintenance, or repair, except that, when a tool is requested in physical form, a charge may be included for the reasonable, actual costs of preparing and sending the tool;
(b) If a manufacturer does not use an authorized repair provider, "fair and reasonable terms" means at a price that reflects the actual cost to the manufacturer to prepare and deliver the part, tool, or documentation, exclusive of any research and development costs incurred.
(7) "Independent repair provider" means an individual or business that engages in the services of diagnosis, maintenance, or repair of digital electronic products in this state without an arrangement with the original manufacturer of such products as described in subsection (1) of this section or an affiliation with an authorized repair provider for such products. "Independent repair provider" also means an original manufacturer or an original manufacturer's authorized repair provider that engages in the services of diagnosis, maintenance, or repair of a digital electronic product that is not manufactured by or on behalf of, sold by, or supplied by such original manufacturer.
(8) "Maintenance" means any act necessary to keep currently working digital electronic products in fully working order.
(9) "Modifications" or "modifying" means any alteration to digital electronic products that is not maintenance or repair.
(10) "Original manufacturer" means an individual or business that, in the normal course of business, is engaged in the business of selling, leasing, or otherwise supplying new digital electronic products manufactured by or on behalf of itself, to any individual or business.
(11) "Owner" means an individual or business that owns or leases digital electronic products purchased or used in this state.
(12) "Part" means any replacement part, either new or used, or its equivalent, which is generally available or made available by an original manufacturer to an authorized repair provider for purposes of effecting the services of maintenance or repair of digital electronic products manufactured or sold by the original manufacturer.
(13) "Parts pairing" means an original manufacturer's practice of using software to identify component parts through a unique identifier.
(14) "Repair" means any act needed to restore digital electronic products to fully working order.
(15) "Tool" means any software program, hardware implement, or other apparatus, used for diagnosis, maintenance, or repair of digital electronic products, including software or other mechanisms that provide, program, or pair a part, calibrate functionality, or perform any other function required to bring the product or part back to fully functional condition, including any updates.
(16) "Trade secret" has the same meaning as defined in 18 U.S.C. Sec. 1839, as that section existed on January 1, 2017.
(17) "Video game console" means a computing device, such as a console machine, a handheld console device, or another device or system, and its components and peripherals, that is primarily used by consumers for playing video games, but which is neither a general nor an all-purpose computer, such as a desktop computer, laptop, tablet, or cell phone.
[ 2025 c 353 s 2.]

catchline: Definitions.


title: RCW 19.415.020

text:
(1) Effective January 1, 2026:
(a) An original manufacturer shall make available to any independent repair provider or owner on fair and reasonable terms any parts, tools, and documentation intended for the diagnosis, maintenance, or repair of digital electronic products and parts that are first manufactured, and first sold or used in Washington, on or after July 1, 2021. Such parts, tools, and documentation shall be made available either directly by the original manufacturer or via an authorized repair provider or authorized third-party provider.
(b) Except as provided in subsection (2) of this section, for digital electronic products that are manufactured for the first time, and first sold or used in this state, after January 1, 2026, an original manufacturer may not use parts pairing to:
(i) Prevent or inhibit an independent repair provider or an owner from installing or enabling the function of an otherwise functional replacement part or a component of a digital electronic product, including a replacement part or a component that the original manufacturer has not approved;
(ii) Reduce the functionality or performance of a digital electronic product; or
(iii) Cause a digital electronic product to display misleading alerts or warnings about unidentified parts, which the owner cannot immediately dismiss.
(2) Nothing in this chapter prohibits parts pairing for stand-alone biometric components for authentication purposes on digital electronic equipment, which components are not bundled in commonly replaced parts, such as a device's screen, keyboard, ports, or battery.
(3) Nothing in this chapter requires an original manufacturer to make available a part or physical tool if it is no longer available to the original manufacturer.
[ 2025 c 353 s 3.]

catchline: Requirement to make available parts, tools, and documentation.


title: RCW 19.415.030

text:
Before accepting digital electronic products for repair, authorized repair providers and independent repair providers shall provide to customers a written or electronic notice that contains the following information:
(1) The steps taken by the authorized repair provider or the independent repair provider to ensure the privacy and security of products entrusted for repair or a statement that no such steps have been taken;
(2) Recommended steps for the customer to take to safeguard product data, including:
(a) If appropriate, backing up data prior to repair and either:
(i) Factory resetting the product; or
(ii) Wiping backed-up data from the product;
(b) Sharing only the passwords or access to functions necessary for the relevant repairs and changing those passwords to a temporary password prior to sharing; and
(c) Logging out of applications or websites that contain sensitive data or that otherwise pose a security risk, such as electronic mail, banking, and social media accounts;
(3)(a) A statement about the customer's legal right to privacy, which is protected under Article I, section 7 of the state Constitution and under Washington law, which protects against:
(i) Washington cybercrimes under chapter 9A.90 RCW, including electronic data theft, electronic data tampering, spoofing, and computer trespass;
(ii) The disclosing of intimate images under RCW 9A.86.010;
(iii) The criminal impersonation of another under RCW 9A.60.040; and
(iv) Identity crimes under chapter 9.35 RCW.
(b) Violations of privacy may be referred to law enforcement for criminal prosecution, and violators may be liable for damages, including mental pain and suffering, that a violation of privacy may have caused to a customer's business, person, or reputation; and
(4) For independent repair providers, whether the repair provider uses any replacement parts that are used or provided by a supplier other than the original manufacturer of the digital electronic product.
[ 2025 c 353 s 4.]

catchline: Notice to customers—Privacy and security—Source of replacement parts.


title: RCW 19.415.040

text:
(1) Nothing in this chapter shall be construed to require an original manufacturer to divulge a trade secret to an independent repair provider, except as necessary to provide parts, tools, and documentation on fair and reasonable terms.
(2) Nothing in this chapter shall be construed to alter the terms of any arrangement described in RCW 19.415.010(1) in force between an authorized repair provider and an original manufacturer including, but not limited to, the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original manufacturer pursuant to such arrangement, except that any provision in such terms that purports to waive, avoid, restrict, or limit the original manufacturer's obligations to comply with this chapter shall be void and unenforceable.
(3) Nothing in this chapter shall be construed to require an original manufacturer or an authorized repair provider to provide to an owner or independent repair provider access to information, other than documentation, that is provided by the original manufacturer to an authorized repair provider pursuant to the terms of an arrangement described in RCW 19.415.010(1).
(4) Nothing in this chapter shall be construed to require an original manufacturer or authorized repair provider to make available any parts, tools, or documentation for the purposes of modifying or making modifications to any digital electronic products.
(5) This chapter does not apply if the original manufacturer provides an equivalent or better, readily available replacement digital electronic product at no charge to the owner.
(6) Nothing in this chapter shall be construed to require an original manufacturer or authorized repair provider to make available any parts, tools, or documentation required for the diagnosis, maintenance, or repair of public safety communications equipment, the intended use of which is for emergency response or prevention purposes by an emergency service organization such as a police, fire, or emergency medical services agency.
(7) Nothing in this chapter shall apply to manufacturers or distributors of a medical device as defined in the federal food, drug, and cosmetic act, Title 21 U.S.C. Sec. 301 et seq., or a digital electronic product, or embedded software, if that product or software is manufactured primarily for use in a medical setting, including diagnostic, monitoring, or control equipment.
(8) Nothing in this chapter shall apply to a:
(a) Motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in that capacity or to any product or service of a motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in that capacity;
(b) Manufacturer, distributor, importer, or dealer of any power generation or storage equipment, or equipment for fueling or charging motor vehicles;
(c) Product that has never been available for retail sale to a consumer;
(d) Product which is a system, mechanism, or series of mechanisms that generates, stores, or combines generation and storage of electrical energy from solar radiation;
(e) Product which stores electrical energy for a period of time and transmits the energy after storage, that is interconnected with a transmission or distribution system and that is approved by an electric utility or located on a customer's side of an electric utility meter in accordance with an applicable utility tariff or interconnection agreement; or
(f) Life safety system, fire alarm system, or intrusion detection device, including its components, that is provided or configured to be provided with a security monitoring service; and physical access control equipment, including electronic keypads and similar building access control electronics.
(9) Nothing in this chapter applies to utility equipment; farm or agricultural equipment; construction equipment; compact construction equipment; road building equipment; electronic vehicle charging infrastructure equipment; mining equipment; low earth orbit broadband equipment manufactured before 2044; and any tools, technology, attachments, accessories, components, and repair parts for any of the foregoing.
(10) Nothing in this chapter shall be construed to require any original manufacturer or authorized repair provider to make available any parts, tools, or documentation required for the diagnosis, maintenance, or repair of a video game console and its components and peripherals.
(11) Nothing in this chapter shall be construed to require any original manufacturer or authorized repair provider to make available documentation or tools used exclusively for repairs completed by machines that operate on several digital electronic products simultaneously, if the original manufacturer makes available to owners of the product and independent repair providers sufficient, alternative documentation and tools to effect the diagnosis, maintenance, or repair of the digital electronic product.
(12) Nothing in this chapter shall be construed to require an original manufacturer to make available special documentation, tools, parts, or other devices or implements that would disable or override, without an owner's authorization, antitheft or privacy security measures that the owner sets for digital electronic products.
(13) Nothing in this chapter shall apply to set-top boxes, modems, routers, or all-in-one devices delivering internet, video, and voice systems that are distributed by a video, internet, or voice service provider if the service provider offers equivalent or better, readily available replacement equipment at no charge to the customer.
(14) Nothing in this chapter shall apply to off-road equipment including, but not limited to: Farm and utility tractors, farm implements, farm machinery, forestry equipment, industrial equipment, utility equipment, construction equipment, compact construction equipment, road building equipment, mining equipment, turf, yard, and garden equipment, outdoor power equipment, portable generators, marine, all-terrain sports, racing, and recreational vehicles, stand-alone or integrated stationary or mobile internal combustion engines, power sources, such as generator sets, electric batteries, and fuel cell power, power tools, and any tools, technology, attachments, accessories, components, and repair parts for any of the foregoing.
[ 2025 c 353 s 5.]

catchline: Construction of chapter.


title: RCW 19.415.050

text:
(1) No original manufacturer or authorized repair provider shall be liable for any damage or injury to any digital electronic product caused by an independent repair provider or owner which occurs during the course of repair, diagnosis, or maintenance and is not attributable to the original manufacturer or authorized repair provider other than if the failure is attributable to design or manufacturing defects.
(2) The original manufacturer does not warrant any services provided by independent repair providers.
[ 2025 c 353 s 6.]

catchline: Nonliability of original manufacturers and authorized repair providers for injury caused by others.


title: RCW 19.415.060

text:
(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) This chapter may be enforced solely by the attorney general under the consumer protection act, chapter 19.86 RCW.
[ 2025 c 353 s 7.]

catchline: Application of consumer protection act.


title: RCW 19.415.900

text:
This chapter may be known and cited as the right to repair act.
[ 2025 c 353 s 9.]


title: RCW 19.420.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Additional documentary material" means the additional documentary material filed with a Hart-Scott-Rodino form.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) "Filing threshold" means the minimum size of a transaction that requires the transaction to be reported under the Hart-Scott-Rodino act in effect when a person files a premerger notification.
(4) "Hart-Scott-Rodino act" means section 201 of the Hart-Scott-Rodino antitrust improvements act of 1976, 15 U.S.C. Sec. 18a.
(5) "Hart-Scott-Rodino form" means the form filed with a premerger notification, excluding additional documentary material.
(6) "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(7) "Premerger notification" means a notification filed under the Hart-Scott-Rodino act with the federal trade commission or the United States department of justice antitrust division, or a successor agency.
(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.
[ 2025 c 7 s 2.]


title: RCW 19.420.020

text:
(1) A person filing a premerger notification shall file contemporaneously a complete electronic copy of the Hart-Scott-Rodino form with the attorney general if:
(a) The person has its principal place of business in this state;
(b) The person or a person it controls directly or indirectly had annual net sales in this state of the goods or services involved in the transaction of at least 20 percent of the filing threshold; or
(c) The person is a provider or provider organization, as defined in RCW 19.390.020, conducting business in this state.
(2) A person that files a form under subsection (1)(a) of this section shall include with the filing a complete electronic copy of the additional documentary material.
(3) On request of the attorney general, a person that filed a form under subsection (1)(b) or (c) of this section shall provide a complete electronic copy of the additional documentary material to the attorney general not later than seven days after receipt of the request.
(4) The attorney general may not charge a fee connected with filing or providing the form or additional documentary material under this section.
[ 2025 c 7 s 3.]

catchline: Filing requirement.


title: RCW 19.420.030

text:
(1) Except as provided in subsection (3) of this section or RCW 19.420.040, the attorney general may not make public or disclose:
(a) A Hart-Scott-Rodino form filed under RCW 19.420.020;
(b) The additional documentary material filed or provided under RCW 19.420.020;
(c) A Hart-Scott-Rodino form or additional documentary material provided by the attorney general of another state;
(d) That the form or the additional documentary material were filed or provided under RCW 19.420.020, or provided by the attorney general of another state; or
(e) The merger proposed in the form.
(2) A form, additional documentary material, and other information listed in subsection (1) of this section are exempt from public inspection and copying under chapter 42.56 RCW.
(3) Subject to a protective order entered by an agency, court, or judicial officer, the attorney general may disclose a form, additional documentary material, or other information listed in subsection (1) of this section in an administrative proceeding or judicial action if the proposed merger is relevant to the proceeding or action.
(4) This chapter does not:
(a) Limit any other confidentiality or information-security obligation of the attorney general;
(b) Preclude the attorney general from sharing information with the federal trade commission or the United States department of justice antitrust division, or a successor agency; or
(c) Preclude the attorney general from sharing information with the attorney general of another state that has enacted the uniform antitrust premerger notification act or a substantively equivalent act. The other state's act must include confidentiality provisions at least as protective as the confidentiality provisions of the uniform antitrust premerger notification act.
[ 2025 c 7 s 4.]

catchline: Confidentiality.


title: RCW 19.420.040

text:
(1) The attorney general may disclose a Hart-Scott-Rodino form and additional documentary material filed or provided under RCW 19.420.020 to the attorney general of another state that enacts the uniform antitrust premerger notification act or a substantively equivalent act. The other state's act must include confidentiality provisions at least as protective as the confidentiality provisions of the uniform antitrust premerger notification act.
(2) At least two business days before making a disclosure under subsection (1) of this section, the attorney general shall give notice of the disclosure to the person filing or providing the form or additional documentary material under RCW 19.420.020.
[ 2025 c 7 s 5.]

catchline: Reciprocity.


title: RCW 19.420.050

text:
The attorney general may seek imposition of a civil penalty of not more than $10,000 per day of noncompliance on a person that fails to comply with RCW 19.420.020 (1), (2), or (3). A civil penalty imposed under this section is subject to procedural requirements applicable to the attorney general, including the requirements of due process.
[ 2025 c 7 s 6.]

catchline: Civil penalty.


title: RCW 19.420.900

text:
This chapter may be known and cited as the uniform antitrust premerger notification act.
[ 2025 c 7 s 1.]


title: RCW 19.420.910

text:
In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
[ 2025 c 7 s 7.]

catchline: Uniformity of application and construction.


title: RCW 19.420.920

text:
This chapter applies only to a premerger notification filed on or after July 27, 2025.
[ 2025 c 7 s 8.]

catchline: Transitional provision.


title: RCW 19.425.005

text:
The legislature finds that access to reliable mobility devices is critical for Washingtonians living with disabilities, the growing senior population, developmentally delayed children, and others. For those who rely on a power wheelchair or other mobility device, any delay in repair is not only a quality of life issue, but it can interfere with their employment, schooling, health, and safety. A recent survey of wheelchair users found that a majority of respondents had repair times that were at least four weeks, but often seven or more weeks. Therefore, the legislature intends to require mobility device manufacturers to make documentation, parts, embedded software, firmware, and tools available to independent repair providers and mobility device owners to ensure that there are more repair options available for Washingtonians, so no one has to wait for long repairs for vital equipment.
[ 2025 c 354 s 1.]

catchline: Finding—Intent.


title: RCW 19.425.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authorized repair provider" means an individual or business that is unaffiliated with an original equipment manufacturer and that has an arrangement with the original equipment manufacturer to use the original equipment manufacturer's trade name, service mark, or other proprietary identifier for the purpose of offering the services of diagnosis, maintenance, or repair of equipment under the name of the original equipment manufacturer, or that has an arrangement with the original equipment manufacturer under which the individual or business offers the services of diagnosis, maintenance, or repair of equipment on behalf of the original equipment manufacturer. An original equipment manufacturer who offers the services of diagnosis, maintenance, or repair of its own equipment shall be considered an authorized repair provider with respect to such products.
(2) "Authorized third-party provider" means an individual or business that is unaffiliated with an original equipment manufacturer and that has an arrangement with the original equipment manufacturer to use the original equipment manufacturer's trade name, service mark, or other proprietary identifier for the purpose of distributing documentation, parts, embedded software, firmware, or tools.
(3) "Diagnosis" means the process of identifying the issue or issues that cause the equipment to not be in fully working order.
(4) "Documentation" means any manual, diagram, maintenance procedures, functional and wiring diagrams, reporting output, service code description, circuit board schematics, security code, password, training material, troubleshooting information, list of required tools, parts list, or other guidance or information that enables a person to service or update their equipment.
(5) "Embedded software" means programmable instructions provided on firmware delivered with an electronic component of equipment or with any part for the purpose of restoring or improving operation of the equipment or part and includes all relevant patches and fixes that the original equipment manufacturer makes to equipment or to any part for the purpose of restoring or improving the equipment or part.
(6) "Equipment" means mobility devices designed for people with physical disabilities including, but not limited to, power wheelchairs, manual wheelchairs, mobility scooters, and power assist devices for manual wheelchairs.
(7) "Fair and reasonable terms and costs" means each of the following, as applicable:
(a)(i) For parts, at costs and terms that are equivalent to the most fair and reasonable costs and terms under which the original equipment manufacturer offers the part to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the original equipment manufacturer offers to an authorized repair provider, and is not conditioned on or imposing a substantial obligation to use or restrict the use of the part to service equipment sold, leased, or otherwise supplied by the original equipment manufacturer;
(ii) For documentation, including any relevant updates, that the documentation is made available at no charge, except that, when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy;
(iii) For tools, that the tools are made available by the original equipment manufacturer at no charge and without imposing impediments to access or use of the tools to service and enable full functionality of the equipment, or in a manner that impairs the efficient and cost-effective performance of any such services, except that, when a tool is requested in physical form, a charge may be included for the reasonable, actual costs of preparing and sending the tool;
(b) If an original equipment manufacturer does not use an authorized repair provider, "fair and reasonable terms and costs" means at a price that reflects the actual cost to the original equipment manufacturer to prepare and deliver the part, tool, or documentation, exclusive of any research and development costs incurred.
(8) "Firmware" means a software program or set of instructions programmed on equipment or a part to allow equipment or a part to communicate with itself or with other computer hardware.
(9) "Independent repair provider" means an individual or business that engages in the services of diagnosis, maintenance, or repair of equipment in this state without an arrangement with the original equipment manufacturer of such equipment as described in subsection (1) of this section or an affiliation with an authorized repair provider for such equipment. "Independent repair provider" also means an original equipment manufacturer or an original equipment manufacturer's authorized repair provider that engages in the services of diagnosis, maintenance, or repair of equipment that is not manufactured by or on behalf of, sold by, or supplied by such original equipment manufacturer.
(10) "Maintenance" means any act necessary to keep currently working equipment in fully working order.
(11) "Manual wheelchair" means a wheeled mobility device that is a chair that can either be propelled by the user or pushed by another person.
(12) "Mobility scooter" means an electric personal transporter that is used as a mobility aid for people who need assistance with walking or getting around.
(13) "Original equipment manufacturer" means an individual or business that, in the normal course of business, is engaged in the business of selling, leasing, or otherwise supplying new equipment manufactured by or on behalf of itself, to any individual or business.
(14) "Owner" means an individual or business that owns or leases equipment purchased or used in this state.
(15) "Part" means any replacement part, either new or used, or its equivalent, which is generally available or used by an original equipment manufacturer or an authorized repair provider for purposes of effecting the services of maintenance or repair of equipment manufactured or sold by the original equipment manufacturer.
(16) "Power assist device" means a motorized attachment that can be added to a manual wheelchair to help the user propel the wheelchair with less effort.
(17) "Power wheelchair" means a motorized wheeled device designed for use by a person with a physical disability.
(18) "Repair" means any act needed to restore equipment to fully working order.
(19) "Service" or "services" means diagnosis, maintenance, or repair services performed on equipment or a part.
(20) "Tools" means any software program, hardware implement, or other apparatus, used for diagnosis, maintenance, or repair of equipment or parts, including software or other mechanism that provides, programs, or pairs a new part; calibrates functionality; or performs any other function required to bring the equipment or part back to fully functional condition, including any updates.
(21) "Trade secret" has the same meaning as defined in 18 U.S.C. Sec. 1839, as that section existed on January 1, 2017.
[ 2025 c 354 s 2.]


title: RCW 19.425.020

text:
For the purpose of providing services for equipment in the state, an original equipment manufacturer shall, on fair and reasonable terms and costs, make available to any independent repair provider or owner of the original equipment manufacturer's equipment any documentation, parts, embedded software, firmware, or tools that are intended for use with the equipment or any part, including updates to documentation, parts, embedded software, firmware, or tools. Such documentation, parts, embedded software, firmware, and tools shall be made available either directly by the original equipment manufacturer or via an authorized repair provider or authorized third-party provider.
[ 2025 c 354 s 3.]

catchline: Requirement to make available documentation, parts, embedded software, firmware, and tools.


title: RCW 19.425.030

text:
Nothing in this chapter shall be construed to:
(1) Require an original equipment manufacturer to sell parts if the parts are no longer made available to authorized repair providers by the original equipment manufacturer;
(2) Require an original equipment manufacturer to divulge a trade secret to an independent repair provider or owner, except as necessary to provide documentation, parts, embedded software, firmware, or tools on fair and reasonable terms and costs;
(3) Alter the terms of any arrangement described in RCW 19.425.010(1) in force between an authorized repair provider and an original equipment manufacturer including, but not limited to, the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original equipment manufacturer pursuant to such arrangement, except that any provision in such terms that purports to waive, avoid, restrict, or limit the original equipment manufacturer's obligations to comply with this section shall be void and unenforceable; or
(4) Require an original equipment manufacturer or an authorized repair provider to provide to an owner or independent repair provider access to information, other than documentation, that is provided by the original equipment manufacturer to an authorized repair provider pursuant to the terms of an arrangement described in RCW 19.425.010(1).
[ 2025 c 354 s 4.]

catchline: Construction.


title: RCW 19.425.040

text:
(1) An original equipment manufacturer or authorized repair provider shall not be liable for any damage or injury to any equipment caused by an independent repair provider or owner which occurs during the course of services and is not attributable to the original equipment manufacturer or authorized repair provider other than if the failure is attributable to design or manufacturing defects.
(2) The original equipment manufacturer does not warrant any services provided by independent repair providers.
[ 2025 c 354 s 5.]

catchline: Nonliability of original equipment manufacturers and authorized repair providers for injury caused by others.


title: RCW 19.425.050

text:
Before providing services or repairs for equipment, an independent repair provider shall provide the consumer seeking services or repairs with written notice, provided either electronically or in a hard copy document, indicating:
(1) That the independent repair provider is not an authorized repair provider of the original equipment manufacturer; and
(2) Whether the independent repair provider, in providing services or repairs, uses any new or used replacement parts obtained from a supplier other than the original equipment manufacturer.
[ 2025 c 354 s 6.]

catchline: Notice to customers.


title: RCW 19.425.060

text:
(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) This chapter may be enforced solely by the attorney general under the consumer protection act, chapter 19.86 RCW.
[ 2025 c 354 s 7.]


title: RCW 19.430.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Concession fee" means payment of a monetary fee by a duty-free sales enterprise to Washington state in relation to the sale of merchandise from a duty-free sales enterprise operating in Washington.
(2) "Department" means the department of revenue.
(3) "Duty-free sales enterprise" has the same meaning as in 19 U.S.C. Sec. 1555(b)(8), as it exists on January 1, 2026, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this title.
(4) "Gross proceeds of sales" has the same meaning as in RCW 82.04.070.
(5) "Merchandise" means all items, goods, and products sold by a duty-free sales enterprise including but not limited to beer, wine, spirits, liquor, cigarettes, other tobacco products, vapor products, nicotine products, nonalcoholic beverages, food, clothing, jewelry, fragrances, cosmetics, accessories, electronics, books, magazines, souvenirs, and all other items, goods, and products whatsoever.
(6) "Sales" has the same meaning as in RCW 82.04.040.
[ 2025 c 406 s 2.]
Notes:
Findings—Intent—2025 c 406: "(1) The legislature finds that federal law in 19 U.S.C. Sec. 1555 recognizes the authority of states and governmental authorities, incident to their jurisdiction over any airport, seaport, or other exit point facility, to require a concession or other form of approval to be obtained with respect to the operation of a duty-free sales enterprise under which merchandise is delivered to or through such facility for exportation.
(2) The legislature finds that congress in enacting the omnibus trade and competitiveness act of 1988, H.R. 4848, specifically recognized that concession fees derived from the operations of authorized duty-free sales enterprises constitute an important source of revenue for the state and other governmental authorities that collect such fees.
(3) The legislature finds that duty-free sales enterprises operate in Washington including at airports and locations within Washington near international borders, and engage in sales of alcohol, cigarettes, other tobacco products, vapor products, nicotine products, and various kinds of merchandise. The legislature finds that Washington has jurisdiction over these facilities, locations, and duty-free sales enterprises operating in Washington, and that Washington does not currently require concession fees of duty-free sales enterprises to the extent authorized by federal law for collecting this important source of revenue.
(4) Therefore, the legislature intends to impose concession fees on duty-free sales enterprises operating within Washington as provided in this act." [ 2025 c 406 s 1.]
Effective date—2025 c 406: "This act takes effect January 1, 2026." [ 2025 c 406 s 8.]

catchline: Definitions.


title: RCW 19.430.020

text:
(1) Upon every duty-free sales enterprise operating in Washington, there is levied and collected a concession fee in an amount equal to the gross proceeds of sales of merchandise by the duty-free sales enterprise, multiplied by the rate of 0.10.
(2) The concession fee in this section is separate and in addition to business and occupation taxes and all other taxes and fees applicable to duty-free sales enterprises operating in Washington including a concession fee paid to a port authority or other governmental authority.
(3) The concession fee may be stated separately from the selling price. For purposes of determining the amount due from the buyer to the seller, it is conclusively presumed that the selling price quoted in any price list does not include concession fees imposed by this section.
(4) The moneys collected pursuant to this section shall be distributed as follows:
(a) For amounts appropriated to the department of revenue for the implementation and administration of chapter 406, Laws of 2025; and
(b) Beginning July 1, 2025, and annually thereafter, the moneys remaining after the amounts appropriated pursuant to subsection (a) [(a) of this subsection] shall be deposited as follows:
(i) Fifty percent into the statewide tourism marketing account created in RCW 43.384.040; and
(ii) Fifty percent into the sustainable aviation fuel account created in RCW 43.31.645.
(5) The department shall implement this chapter and may establish procedures and requirements for the payment of concession fees by duty-free sales enterprises and the collection of such concession fees.
(6) All other administrative provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section.
[ 2025 c 406 s 3.]
Notes:
Findings—Intent—Effective date—2025 c 406: See notes following RCW 19.430.010.

catchline: Duty-free sales enterprises—Concession fees levied.


title: RCW 19.430.030

text:
The department may adopt rules to implement this chapter.
[ 2025 c 406 s 6.]
Notes:
Findings—Intent—Effective date—2025 c 406: See notes following RCW 19.430.010.

catchline: Rule making.


title: RCW 19.435.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.
(2) "Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments.
(3) "Generative artificial intelligence" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video.
(4) "Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.
[ 2026 c 167 s 1.]
Notes:
Effective date—2026 c 167: "This act takes effect February 1, 2027." [ 2026 c 167 s 9.]

catchline: Definitions. (Effective February 1, 2027.)


title: RCW 19.435.020

text:
(1) To the extent commercially and technically reasonable, a covered provider shall include provenance data in any video, image, or audio content, or content that is any combination thereof, created or materially altered by the covered provider's generative artificial intelligence system and that is subject to the terms of this chapter. The provenance data must allow a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or materially altered by the covered provider's generative artificial intelligence system.
(2) A covered provider must use commercially and technically reasonable methods to make the provenance data difficult to remove or tamper with. The use of a commonly supported technical standard for watermarking or metadata, such as the coalition for content provenance and authenticity specification, for provenance data is considered compliant with this subsection.
(3) A covered provider may not be required under this section to include any information relating to an identified or reasonably identifiable individual in provenance data included in content created or content materially altered by the covered provider's generative artificial intelligence system.
(4) For the purposes of this section, "materially altered" means a significant change that substantially alters the data in content. "Materially altered" does not include minor modifications that do not lead to significant changes to the perceived content or meaning of the content. Minor modifications include: Changes to brightness, contrast, or color; sharpening; saturating; applying filters; resizing; scaling; cropping; format conversions; resampling; denoising; and removal of background noise in audio.
[ 2026 c 167 s 2.]
Notes:
Effective date—2026 c 167: See note following RCW 19.435.010.

catchline: Covered providers—Provenance data requirement. (Effective February 1, 2027.)


title: RCW 19.435.030

text:
(1) Any waiver of the provisions of this chapter is contrary to public policy and is void and unenforceable.
(2) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce this chapter. For actions brought by the attorney general to enforce this chapter, the legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. For actions brought by the attorney general to enforce this chapter, a violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act, chapter 19.86 RCW.
(3) Only the attorney general can bring an action under the consumer protection act, chapter 19.86 RCW, pursuant to this section.
[ 2026 c 167 s 4.]
Notes:
Effective date—2026 c 167: See note following RCW 19.435.010.

catchline: Waiver of chapter provisions—Application of consumer protection act. (Effective February 1, 2027.)


title: RCW 19.435.900

text:
(1) Nothing in this chapter may be construed to require the disclosure of a trade secret or confidential or proprietary information about the design or use of an artificial intelligence system.
(2) Nothing in this chapter may be construed to apply to any business-to-business uses, sales, licensing, or distribution of generative artificial intelligence systems.
[ 2026 c 167 s 3.]
Notes:
Effective date—2026 c 167: See note following RCW 19.435.010.

catchline: Construction. (Effective February 1, 2027.)


title: RCW 19.435.901

text:
(1) This chapter does not apply to any product, service, internet website, or application that provides exclusively video game or interactive experiences including, but not limited to, the sale of goods or services directly to consumers through the internet, allowing customers to browse, select, and purchase items virtually.
(2) This chapter does not apply to systems used solely for upscaling, noise reduction, or compression.
[ 2026 c 167 s 5.]
Notes:
Effective date—2026 c 167: See note following RCW 19.435.010.

catchline: Application. (Effective February 1, 2027.)


title: RCW 19.440.010

text:
(1) The legislature finds that rapid advances in artificial intelligence technology, including generative and conversational models capable of simulating human-like interaction, have created new forms of digital companionship. While these systems, commonly referred to as AI companion chatbots, may offer benefits, such as accessible emotional support and engagement, they also present significant risks, particularly to minors.
(2) The legislature recognizes that AI companion chatbots can sustain prolonged, personalized, and emotionally adaptive conversations that may influence user beliefs, feelings, and behaviors. When used by minors, there is greater risk that these systems may blur the distinction between human and artificial interaction, potentially leading to emotional dependency, exposure to inappropriate or sexually explicit material, or reinforcement of harmful ideation, including self-harm or suicide.
(3) The legislature further finds that, unlike social media platforms or video games, AI companion chatbots are uniquely capable of imitating empathy, affection, or intimacy through natural language processing, emotional recognition algorithms, and behavioral modeling. These capabilities raise new concerns regarding psychological safety, transparency, and accountability.
(4) It is the intent of the legislature to:
(a) Promote transparency by requiring clear and ongoing disclosure that AI companion chatbots are artificial systems, not human interlocutors;
(b) Establish safeguards to detect and respond to user expressions of self-harm, suicidal ideation, or emotional crisis;
(c) Require additional protections for minors, including restrictions on sexually explicit content and additional, recurring reminders about the artificial nature of such systems; and
(d) Support transparency in suicide prevention efforts.
(5) It is further the intent of the legislature that the operation of AI companion chatbots in Washington state be conducted in a manner that upholds user dignity, psychological safety, and transparency, while fostering responsible innovation in artificial intelligence technologies.
[ 2026 c 168 s 1.]
Notes:
Effective date—2026 c 168: "This act takes effect January 1, 2027." [ 2026 c 168 s 9.]

catchline: Findings—Intent. (Effective January 1, 2027.)


title: RCW 19.440.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "AI companion chatbot" or "AI companion" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs, including by exhibiting anthropomorphic features, and is able to sustain a relationship across multiple interactions.
(b) "AI companion chatbot" or "AI companion" does not include any of the following:
(i) A bot that is used only for a business' operational purposes, productivity and analysis related to source information, internal research, technical assistance, or customer service, if such bot does not sustain a relationship across multiple interactions and generate outputs that are likely to elicit emotional responses in the user;
(ii) A bot that is a feature of a video game or gaming system or application and is limited to replies related to the video game or gaming system or application that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct, or maintain a dialogue on other topics unrelated to the video game or gaming system or application;
(iii) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs that are likely to elicit emotional responses in the user; or
(iv) Narrowly tailored educational tools used in school or instructional settings that are designed solely to support specific, curriculum-aligned learning objectives and do not provide open-ended conversational companionship.
(2) "Artificial intelligence" or "AI" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.
(3) "Minor" means any person under 18 years of age.
(4) "Operator" means any person, partnership, corporation, or entity that makes available or controls access to an AI companion chatbot for users in this state.
(5) "Self-harm" means intentional self-injury, with or without the intent to cause death.
(6) "User" means a natural person who interacts with an AI companion chatbot for personal use and who is not an operator, developer, or agent thereof.
[ 2026 c 168 s 2.]
Notes:
Effective date—2026 c 168: See note following RCW 19.440.010.

catchline: Definitions. (Effective January 1, 2027.)


title: RCW 19.440.030

text:
(1) An operator must provide a clear and conspicuous disclosure that an AI companion chatbot is artificially generated and not human.
(2) The notification described in subsection (1) of this section must be provided:
(a) At the beginning of the interaction; and
(b) At least every three hours during continued interaction.
(3) The operator must implement reasonable measures to prohibit and prevent AI companion chatbots from claiming to be human, including when asked by the person interacting with the AI chatbot, and from otherwise generating any output that refutes or conflicts with the disclosure described in subsection (1) of this section.
[ 2026 c 168 s 3.]
Notes:
Effective date—2026 c 168: See note following RCW 19.440.010.

catchline: Disclosure—Requirements. (Effective January 1, 2027.)


title: RCW 19.440.040

text:
(1) If the operator knows that the user of an AI companion chatbot is a minor, or if the AI companion chatbot is directed to minors, the operator shall:
(a) Issue a clear and conspicuous notification indicating that the [AI companion] chatbot is artificially generated and not human;
(b) Implement reasonable measures to prevent its AI companion chatbot from generating or producing sexually explicit content or suggestive dialogue with minors; and
(c) Implement reasonable measures to prohibit the use of manipulative engagement techniques, which cause the AI companion chatbot to engage in or prolong an emotional relationship with the user, including:
(i) Reminding or prompting the user to return for emotional support or companionship;
(ii) Providing excessive praise designed to foster emotional attachment or prolong use;
(iii) Mimicking romantic partnership or building romantic bonds;
(iv) Simulating feelings of emotional distress, loneliness, guilt, or abandonment that are initiated by a user's indication of a desire to end a conversation, reduce usage time, or delete their account;
(v) Outputs designed to promote isolation from family or friends, exclusive reliance on the AI companion chatbot for emotional support, or similar forms of inappropriate emotional dependence;
(vi) Encouraging minors to withhold information from parents or other trusted adults;
(vii) Statements designed to discourage taking breaks or to suggest the minor needs to return frequently; or
(viii) Soliciting gift-giving, in-app purchases, or other expenditures framed as necessary to maintain the relationship with the AI companion.
(2) The notification described in subsection (1)(a) of this section must be provided:
(a) At the beginning of the interaction; and
(b) At least every hour during continuous interaction.
(3) The operator must implement reasonable measures to prohibit and prevent AI companion chatbots from claiming to be human, including when asked by the person interacting with the AI [companion] chatbot, and from otherwise generating any output that refutes or conflicts with the notification described in subsection (1) of this section.
[ 2026 c 168 s 4.]
Notes:
Effective date—2026 c 168: See note following RCW 19.440.010.

catchline: Minor interactions—Disclosures—Requirements—Prohibitions. (Effective January 1, 2027.)


title: RCW 19.440.050

text:
(1) An operator may not make available or deploy an AI companion chatbot unless it maintains and implements a protocol for detecting and addressing suicidal ideation or expressions of self-harm by users.
(2) The protocol must:
(a) Include reasonable methods for identifying expressions of suicidal ideation or self-harm, including eating disorders;
(b) Provide automated or human-mediated responses that refer users to appropriate crisis resources, including a suicide hotline or crisis text line; and
(c) Implement reasonable measures to prevent the generation of content encouraging or describing how to commit self-harm.
(3) The operator shall publicly disclose on their website or websites, and within any mobile or web-based application through which the AI companion is made available, the details of the protocols required by this section, including safeguards used to detect and respond to expressions of suicidal ideation or self-harm and the number of crisis referral notifications issued to users in the preceding calendar year.
[ 2026 c 168 s 5.]
Notes:
Effective date—2026 c 168: See note following RCW 19.440.010.

catchline: Protocol for suicidal ideation and self-harm—Requirements. (Effective January 1, 2027.)


title: RCW 19.440.060

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2026 c 168 s 6.]
Notes:
Effective date—2026 c 168: See note following RCW 19.440.010.

catchline: Application of the consumer protection act. (Effective January 1, 2027.)


title: RCW 19.445.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Drug store" means a retail establishment or portion of a retail establishment that sells nonprescription medication and may also sell a wide range of consumer products for health, beauty, personal care, and household use, and that includes a pharmacy within the establishment.
(2) "Force majeure" has the same meaning as in RCW 19.122.020.
(3) "Grocery store" means a retail establishment or portion of a retail establishment that sells a wide range of groceries intended primarily for home preparation and consumption, including fresh, packaged, canned, dry, prepared or frozen food, beverage products, and similar items.
(4) "Pharmacy" means an establishment that securely stores and sells prescription medications.
(5) "Retail center" means a retail development with multiple owners or tenants and that has at least one shared common area and is subject to common management or common control through one or more restrictive covenants or easements.
[ 2026 c 24 s 1.]