The federal government gave state and local governments an extra year. Several states did not wait.
In 2025 and 2026, Hawaii, Virginia, New Jersey and Colorado each enacted digital accessibility requirements of their own — and Hawaii's reach beyond government to private businesses. Meanwhile, accessibility bills in California and Pennsylvania stalled.
Here is what each law requires, who it covers, and what the federal extension did not change.
Hawaii: State Rules for Private Businesses
The Act directs the Hawaii Civil Rights Commission to adopt rules consistent with the DOJ's 2024 Title II web accessibility framework. The Commission published proposed rules on September 18, 2026. They would require conformance with WCAG 2.1 Level A and AA, with phased timelines:
| Covered entity (draft rules) | Time to comply after the final rule takes effect |
|---|---|
| 100 or more full-time and part-time employees | 24 months |
| All others | 36 months |
Public comment closed October 30, 2026, and no hearing date had been set as of early November. The 100-employee threshold was among the questions open for comment.
Why it matters: the DOJ has never issued website regulations for private businesses under ADA Title III. Hawaii is writing state-level rules that will.
Virginia: Accessibility Moves Into Procurement
If a vendor cannot certify conformance, the buyer may require a vendor-paid Accessibility Conformance Report, and any gaps must be documented in a vendor-paid Vendor Accessibility Roadmap.
As enacted, the requirements apply to contracts entered into or renewed on or after April 24, 2026 for entities serving 50,000 or more people, institutions of higher education and state public bodies, and on or after April 26, 2027 for smaller entities and special district governments — the original federal Title II dates, not the extended ones.
New Jersey: WCAG 2.1 AA for State Agencies
The enacted version sets no compliance deadline, certification cycle or enforcement mechanism; those appeared only in earlier drafts. New Jersey's local governments remain on the federal Title II timeline.
Colorado: Vendor Liability Now, AI Communications Next
Colorado is also extending accessibility to automated systems. An August 11, 2026 proposal from the Attorney General (4 CCR 904-6), implementing SB 26-189 and HB 26-1263, would require consumer communications delivered through automated decision tools and chatbots to be "reasonably accessible" to people with disabilities, citing WCAG 2.2 as an example of a recognized standard, with a proposed effective date of January 1, 2027. A revised draft was reported in October; check the Attorney General's rulemaking page for the final text.
Check Your Site Against WCAG 2.1 AA
Every one of these laws points to WCAG. Run a free scan to see where your site stands against the standard most of them use.
Scan Your Website FreeThe Bills That Stalled
• Pennsylvania HB 485 would require public entities to file written accessibility plans, based on WCAG, with the state's Office of Information Technology. It has not moved since it was referred to the House Communications and Technology Committee on February 4, 2025, and dies when the session ends on November 30, 2026.
More on California's requirements • More on Pennsylvania's demand-letter pattern
What This Means for You
| If you are… | What to watch |
|---|---|
| A private business serving Hawaii customers | The HCRC's final rule and its compliance clock (24 or 36 months under the draft) |
| A technology vendor to Virginia or Colorado public bodies | Conformance certifications, ACRs and roadmaps (Virginia); indemnity clauses (Colorado) |
| A New Jersey state agency | WCAG 2.1 AA as the default standard, including mobile |
| A state or local government anywhere | The federal Title II dates (April 26, 2027 / April 26, 2028) and the NFB lawsuit challenging them |
| A company using chatbots with Colorado consumers | Colorado's AI-communication rule, proposed to take effect January 1, 2027 |
Frequently Asked Questions
Does Hawaii's Act 257 apply to private business websites?
Yes. Act 257 amends Hawaii's public accommodations law, which covers businesses open to the public, to make requiring the use of inaccessible information and communication technology a discriminatory practice. The Hawaii Civil Rights Commission's proposed rules would set WCAG 2.1 Level A and AA as the standard, with 24 months to comply for entities with 100 or more employees and 36 months for others after the final rule takes effect.
Which WCAG version do these state laws use?
Most point to WCAG 2.1 Level AA: Hawaii's proposed rules and New Jersey's law both use it, and New Jersey allows newer versions where practicable. Colorado's proposed AI-communication rule cites WCAG 2.2 as an example of a recognized industry standard.
Did these states change their deadlines when the DOJ extended Title II?
Virginia's procurement law, as enacted in 2025, ties its start dates to the original federal Title II dates of April 24, 2026 and April 26, 2027, not the extended ones. New Jersey's law took effect immediately with no separate compliance deadline. Check current state code for any later amendments.
The DOJ's extension moved one federal deadline. It did not slow the states. Hawaii is building rules for private businesses, Virginia and Colorado are pushing accessibility down to technology vendors, and New Jersey has set WCAG 2.1 AA as the default for its own agencies.
The common denominator is WCAG 2.1 AA. A site that meets it — and a record proving it — is in a strong position under every one of these laws.
Sources: Hawaii Act 257, governor's message • HCRC proposed digital accessibility rules • Virginia Code § 2.2-3503 • New Jersey P.L.2025, c.289 • Colorado HB 25-1152 • Pennsylvania HB 485
Disclaimer: This article summarizes state laws and proposed rules as of November 2026. Proposed rules can change before adoption. It is not legal advice.