EXECUTIVE ORDER 24-01
ARTIFICIAL INTELLIGENCE


WHEREAS, generative Artificial Intelligence (AI) represents a significant leap forward in
technology, by generating novel text, images, and other content, which has the capacity to
transform the way that the State conducts business and serves the public; and
WHEREAS, generative AI has the potential to catalyze innovation and the rapid development of
a wide range of benefits for Washingtonians; and
WHEREAS, generative AI can enhance human potential and creativity but must be deployed
and regulated carefully to mitigate and guard against a new generation of risks, harms, and
perpetuation of existing inequities; and
WHEREAS, the state of Washington is committed to accuracy, reliability, and ethical outcomes
when adopting generative AI technology, engaging and supporting historically vulnerable and
marginalized communities that are also denied a voice in the data collected about them and how
it is used, and serving all those who reside, work, or do business in Washington in a transparent,
engaged, and equitable way; and
WHEREAS, the state of Washington seeks to realize the potential benefits of generative AI for
the good of all those who call Washington home, through the development and deployment of
generative AI tools that improve the equitable and timely delivery of services, while balancing
the benefits and risks of these new technologies; and
WHEREAS, the Washington state workforce is vital to Washington's continued prosperity and
the state seeks to harness the potential of generative AI in an ethical and equitable way for the
benefit of the state government workforce; and
WHEREAS, the exponential growth of generative AI technologies should be documented, and
the potential risks of their use, including but not limited to privacy, cyberattacks, disinformation,
deception, and discrimination or bias, should be acknowledged, planned for, and mitigated; and
WHEREAS, Executive Branch agencies across state government have been engaging, and will
continue to engage, with communities and other industry stakeholders to explore strategies to
promote the safe, responsible, ethical, and efficient development and use of generative AI
technologies in Washington; and
WHEREAS, Washington state should promote the adoption of generative AI technologies in a
manner that aligns and is consistent with Washington state’s policies, goals, and values for equity
in government employment, services, education, and contracting as well as for all people who
call Washington home.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, by the power vested
in me by the Constitution and the statutes of the state of Washington, do hereby order and direct
all executive and small cabinet agencies as follows:
1. It is the goal of the state to create a transparent and consistent environment to use generative
AI technology and to facilitate the adoption of generative AI technology by the State in a
manner that balances the benefits and risks to Washingtonians. For the purposes of this
Order:
a. “Generative AI Technology” is a technology that can create content, including text,
images, audio, or video, when prompted by a user. Generative AI systems learn
patterns and relationships from large amounts of data, which enables systems to
generate new content that may be similar, but not identical, to the underlying training
data.
b. “High-Risk Generative AI System” means systems using generative AI technology
that creates a high risk to natural persons' health and safety or fundamental rights.
Examples include biometric identification, critical infrastructure, employment, health
care, law enforcement, and administration of democratic processes.
2. By September 2024, Consolidated Technology Services, also known as Washington
Technology Solutions (WaTech), in collaboration with cabinet agencies, shall submit a report
to the Governor that identifies potential generative AI initiatives pertinent to agency
operations and objectives. The report shall assess the feasibility, benefits, and challenges of
integrating generative AI into agency operations and services. The report must also include a
plan and timeline for WaTech to establish the infrastructure to conduct pilots of projects
involving generative AI technology, including approved environments to test such projects.
3. By September 2024, WaTech, in collaboration with the Department of Enterprise Services
(DES), shall issue initial guidelines for public sector procurement, uses, and ongoing
monitoring of the use of generative AI technology. The guidelines should build on guidance
from the White House's Blueprint for an Al Bill of Rights and the National Institute for
Standards and Technology's Al Risk Management Framework and address safety and
effectiveness, algorithmic discrimination, data privacy, and cybersecurity. These guidelines
shall include a requirement that any vendor providing a High-Risk Generative AI System to
an agency certify that the vendor has implemented an AI governance program consistent with
the National Institute of Standards and Technology Artificial Intelligence Risk Management
Framework. WaTech and DES shall make the guidelines publicly available via posting on
relevant agencies’ websites.
4. No later than January 2025, DES, in collaboration with WaTech and the Office of Equity,
shall submit a training plan for state government workers on the use of generative AI
technology. The training plan shall address, at minimum, the potential benefits to state
operations and constituent services, risks to citizens related to unfair and discriminatory
outcomes, privacy and cybersecurity risks, and other potential harms including automation
bias.
5. By December 2024, WaTech, in consultation with the Office of Equity, community members,
Tribal governments, subject matter experts, and other relevant state agencies, shall develop
guidelines for agencies to analyze the impact that adopting generative AI technology may
have on vulnerable communities, including criteria to evaluate equitable outcomes in
deployment and implementation of high-risk use cases. These guidelines and criteria shall
inform whether and how an agency deploys a particular AI System. WaTech shall
periodically revise the guidelines and criteria, when appropriate, and establish a consultative
process with academia, industry experts, and representatives from advocacy organizations
that represent communities that are disproportionately vulnerable to being harmed by
algorithmic bias. WaTech and the Office of Equity shall make the guidelines publicly
available by posting on their respective agency’s website.
6. By January 2025, DES, in collaboration with WaTech, shall update the state's technology
procurement and contract term templates, incorporating equity, bias, and algorithmic risk
assessments as well as analysis and feedback obtained from the initial guidelines issued in (3)
above and other relevant, community members, academic and industry experts, and the state
government workforce or organizations from (5).
7. To ensure algorithmic justice as it relates to digital equity, by September 2024, the Office of
Equity will oversee the development, implementation, and ongoing support of an overarching
framework for accountability in the fair, ethical, and equitable use of generative AI by the
state.
a. The accountability framework will be created in partnership with WaTech, DES, and
Workforce Training and Education Coordinating Board to de-silo and remove barriers
for agencies seeking to test and implement generative AI tools.
b. The accountability framework must be comprised of a transparent, systematic, and
continuous monitoring of outcomes and impacts on communities and must include
the intentional and consistent engagement of communities.
c. The accountability framework should be informed by subject-matter experts from
across the Enterprise, community members, Tribal governments, impacted front-line
state employees, and academic and industry stakeholders whose purpose will be to
co-create an assessment process and performance measures.
8. By December 2024, WaTech will produce guidance on the risk assessments for the
deployment of High-Risk Generative AI Systems. Assessments must leverage existing
security and privacy assessment processes, and must include the following:
a. Information about the High-Risk Generative AI System, including whether the HighRisk Generative AI System is provided by a third party, the name and address of the
third party, and relevant state agency;
b. The intended uses of the High-Risk Generative AI System;
c. Assessment of the fitness of the High-Risk AI System for the intended purpose;
d. Assessment of impacted communities, benefits, harms, and mitigations of the HighRisk AI System;
e. An evaluation of the potential harms of the High-Risk Generative AI System which
may include harms to individuals and groups, discriminatory or unfair outcomes,
deceptive practices, societal risks, privacy and cybersecurity considerations, and
national security concerns;
f. An assessment of mitigations including but not limited to consideration of restricted
uses and limitations on use, policies, deidentified data, and commercial terms; and
g. Information about the agency approach to generative AI governance that is consistent
with the AI Risk Management framework published by the National Institute of
Science and Technology.
9. By December 2024, the Office of Financial Management (State Human Resources Division)
in collaboration with WaTech, Washington’s Workforce Training and Education Coordinating
Board and organizations that represent state government employees, will assess the impact of
generative AI on the state workforce, develop strategies to mitigate any negative impacts, and
support programs that help workers develop the skills and knowledge they need to
successfully use generative AI and report their findings to the Governor.
10. By January 2025, members of Washington’s Workforce Training and Education Coordinating
Board must identify and create research opportunities and partnerships with research
institutes at a state and federal level to power innovation and expansion of generative AI
technology and education. The goals will be to expose students and researchers to emerging
opportunities regarding the development of generative AI Systems and accelerate training
and AI workforce development. The members are encouraged to collaborate and identify
opportunities to:
a. Build workforce pathways that ensure a pipeline of talent to the industry that is both
equitable and robust;
b. Develop training programs geared towards generative AI workforce development;
c. Generate basic and applied research to continue leading future generations of
generative AI technologies; and
d. Engage national organizations, such as the National AI Research Resource (NAIRR)
Taskforce, to achieve the goals stated above.
11. Agencies subject to my authority shall implement the directives in this section consistent
with current federal and state laws. In anticipation of a harmonized state-federal legal
landscape, any provisions in this Order inconsistent with federal law shall be superseded by
federal law.
12. This Order is not intended to, and does not, create any legal right, entitlement or benefit,
substantive or procedural, enforceable at law or in equity, against the state, its agencies,
departments, entities, officers, employees, or any other person.
This order takes effect immediately.
Signed and sealed with the official seal of the state of Washington on this 30th day of January,
AD, Two Thousand and Twenty-Four, at Olympia, Washington.