wa-law.org > bill > 2025-26 > SB 6147 > Substitute Bill
The legislature finds that grocery establishments are vital points of distribution for food and daily necessities across Washington. The closure of a grocery establishment can have widespread effects on a community's well-being by reducing access to food and creating food insecurity.
The legislature finds that food insecurity contributes to poor health and health disparities. Grocery establishment closures can have an especially dire impact on senior citizens, people with disabilities, and people who lack the means to travel by car or public transportation to grocery establishments located outside their neighborhood.
The legislature finds that in 2024 state law was amended to provide safeguards during the merger of certain grocery establishments until the employer provides written notice to the city council, county council, local health department, and attorney general 180 days before the closure.
The legislature recognizes the value of advance knowledge of a closure in addition to mergers so a community can work with employers on alternatives to closure and sale to proprietors seeking to continue grocery service in a given location.
Therefore, the legislature resolves to create additional notice requirements and certain employer requirements to protect communities that rely on reasonable access to grocery establishments' products and services.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Close for business" or "closure" means to permanently discontinue operation as a grocery establishment at a given location.
"Customer" means a person who purchased groceries from a grocery establishment subject to this chapter within the 12 months preceding the date on which the employer gives notice of closure under this chapter.
"Employee" means an individual employed by a grocery establishment as defined in this section.
"Employer" means any person or entity that owns, controls, or operates a grocery establishment and employs one or more individuals. "Employer" includes any successor or assignee.
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"Food desert" means a low-income and low-access census tract with a substantial number or share of residents with low levels of access to a grocery establishment.
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A census tract is low income if it has a poverty rate of 20 percent or greater, or a median family income at or below 80 percent of the statewide or metropolitan area median family income.
A census tract is low access if at least 500 persons or at least 33 percent of the population lives more than one mile from a grocery establishment in the case of a nonrural area, or more than 10 miles from a grocery establishment in the case of a rural area.
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"Grocery establishment" means a retail store in this state that is primarily engaged in the sale of groceries for home preparation and consumption, including fresh or packaged foods, and that occupies at least 15,000 square feet of floor area.
"Grocery establishment" includes a retail store of at least 5,000 square feet of floor area if the store devotes a majority of its selling area to the sale of groceries.
"Grocery establishment" does not include a retail store with 25 or fewer locations in the state.
"Neighborhood organization" means a nonprofit association or organization that represents residents or customers of the neighborhood served by the closing grocery establishment.
"Rural area" means any area other than:
A city or town that has a population of greater than 50,000 inhabitants; and
Any urbanized area contiguous and adjacent to a city or town described in (a) of this subsection.
"State official" means a person who holds a state legislative office in the legislative district where the closing grocery establishment is located.
This section only applies to grocery establishments that are:
Located in geographic areas designated by the United States department of agriculture as food deserts, based on the original food desert measure contained in the food access research atlas; or
Located in a low-income census tract at least one mile from another grocery establishment in a nonrural area, or located in a low-income census tract at least 10 miles from another grocery establishment in a rural area.
A grocery establishment subject to this section may not close for business unless, for at least four months before the date of closure, the employer has:
Provided written notice of the grocery establishment's intended closure to its respective city council, county council or commission, local health department, state officials, and the attorney general; and
Provided notice of the grocery establishment's intention to close to its customers and the public by posting prominent written notices at all public entries and exits to the grocery establishment.
Notwithstanding subsection (2) of this section, a grocery establishment may close for business having provided less than the required four months' notice if:
The closure is due to a natural emergency or disaster; or
As of the time that notice would have been required, the grocery establishment was actively seeking capital or business which, if obtained, would have enabled the grocery establishment to avoid or postpone the closure, and the grocery establishment reasonably and in good faith believed that giving the notice required would have precluded obtaining the needed capital or business.
A grocery establishment relying on subsection (3) of this section to provide less than four months' notice shall give as much notice as is practicable and, at the time notice is given, shall articulate in writing the basis for having reduced the notification period.
During the closure notice period required by section 3 of this act, the grocery establishment shall, upon reasonable request, meet and work in good faith with the local city council, county council or commission, health department, collective bargaining organization if applicable, state officials, and the attorney general's office to find alternative outcomes allowing for the continued availability of grocery establishment products and services at the closure location.
During the closure notice period required by section 3 of this act, the grocery establishment shall meet and work in good faith to find alternative outcomes allowing for the continued availability of grocery establishment products and services at the closure location. This requirement may be satisfied by attending at least one community meeting convened by a neighborhood association or neighborhood organization representing the interests of neighborhood residents and one meeting with a collective bargaining organization, if applicable.
Alternative outcomes under this section may include, but are not limited to, identifying strategies or resources to allow the grocery establishment to remain open, helping residents organize and open a cooperative, and identifying another grocery establishment capable of continuing similar sale of products and services at or near the closure location.
The office of the attorney general may institute civil proceedings for injunctive and monetary relief, including civil penalties, against any employer for violations of the notice requirements under section 3 of this act or the obligations under section 4 of this act.
In addition to the authority of the attorney general under subsection (1) of this section, any of the following may bring a civil action in superior court to enforce compliance with sections 3 and 4 of this act:
A collective bargaining organization representing employees impacted by the grocery establishment closure; or
The city attorney or county prosecuting attorney for the jurisdiction in which the closing grocery establishment is located.
A civil action under subsection (2) of this section may seek one or more of the following remedies:
Injunctive or declaratory relief; and
A writ of mandamus compelling compliance with sections 3 and 4 of this act.
In an action brought under subsection (2) of this section, the court may award reasonable attorneys' fees and costs to a prevailing plaintiff.
The notice and obligations required under sections 3 and 4 of this act are in addition to, and do not limit, any notice or other obligations imposed on an employer under chapter 49.45 RCW or under any other state or local law.
Compliance with chapter 49.45 RCW or any other state or local law does not relieve an employer of its obligations under this chapter.
Nothing in this chapter may be construed to limit or restrict any right or remedy available to a person under any other law.
Except as provided in subsection (3) of this section, a private agreement that imposes a negative use restriction upon real property in this state so as to prohibit or restrict the use of such real property for a grocery establishment when the use would otherwise be permitted under applicable land use ordinances, including as a conditional use, is against public policy, is prohibited, and is void and unenforceable. It is unlawful for any person to enter an agreement that is prohibited by this section or for any person who is the beneficiary of a negative use restriction imposed by such an agreement to allow such a restriction to remain or to refuse to release it.
Except as provided in subsection (3) of this section, the prohibition in subsection (1) of this section:
Applies to any private agreement incorporated into a contract, deed restriction, restrictive covenant, lease, memorandum of lease, or any other recorded or unrecorded instrument; and
Includes a private agreement limiting the size of a grocery establishment.
This section does not apply to:
An agreement imposing a negative use restriction that became effective prior to the effective date of this section;
An agreement that imposes a negative use restriction to prohibit or restrict use of real property for a grocery establishment after an owner or operator of a grocery establishment discontinues operations of the grocery establishment on the property for the purpose of relocating the grocery establishment, if the following conditions are met:
When compared to the discontinued grocery establishment, the relocated grocery establishment is similar in size or larger and similar in the scope of products sold;
The relocated grocery establishment is located within one-half mile of the discontinued site, except as provided in section 8 of this act;
Relocation and the commencement of operations at the new site occurs within one year following the discontinued grocery establishment's closure, except as provided in section 8 of this act; and
The negative use restriction imposed on the prior site does not have a term in excess of three years from the date of the closure, except as provided in section 8 of this act; or
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Except as provided in (c)(ii) of this subsection, an agreement that imposes a negative use restriction to prohibit or restrict use of real property for a grocery establishment in order to limit competition or conflicting uses within the confines of a retail center by allowing only a limited number of grocery establishments within the retail center.
It remains unlawful for any owner or operator who discontinues grocery establishment use at a site within a retail center for a period exceeding one year, or the time period under section 8 of this act, to seek to enforce a negative use restriction prohibiting or restricting grocery establishment uses within the retail center.
A city, town, or county may establish that upon the written request of an owner or operator and the requestor's presentation of evidence establishing extenuating circumstances that demonstrate good cause for the extension, the city, town, or county may, by written determination, extend the following as they apply to the requestor:
The distance limit in section 7(3)(b)(ii) of this act to no more than one mile;
The time requirement in section 7(3)(b)(iii) of this act;
The term limit in section 7(3)(b)(iv) of this act; and
The time period in section 7(3)(c)(ii) of this act.
Factors for considering good cause include but are not limited to:
Maintaining or increasing food access in the surrounding area, including the area around the discontinued site;
Needs related to financing and construction for the new location; and
Promoting private investment in the surrounding area.
The attorney general may enforce section 7 of this act through chapter 19.86 RCW.
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A city, town, or county may enforce this chapter through a cause of action in a court of competent jurisdiction including declaratory relief, injunctive relief, or other legal or equitable remedy as appropriate to carry out the purpose and intent of this chapter.
A city or town may enforce this chapter with respect to real property located in the city or town. A county may only enforce this chapter with respect to real property located in an unincorporated area of the county.
Nothing in this chapter prevents a city, town, or county from enacting or enforcing an ordinance imposing a civil penalty, or authorizing other relief, for a violation of a local ordinance that is similar to the prohibition in section 7 of this act.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.