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CASource text — Cal. Bus. & Prof. Code § 22757.11(c)(1)
California SB 53
(c) (1) “Catastrophic risk” means a foreseeable and material risk that a frontier developer’s development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than 50 people or more than one billion dollars ($1,000,000,000) in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (A) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon. (B) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by false pretense. (C) Evading the control of its frontier developer or user.
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CASource text — Cal. Bus. & Prof. Code § 22757.11(d)
California SB 53
(d) “Critical safety incident” means any of the following: (1) Unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury. (2) Harm resulting from the materialization of a catastrophic risk. (3) Loss of control of a frontier model causing death or bodily injury. (4) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk.
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CASource text — Cal. Bus. & Prof. Code § 22757.11(h)-(j)
California SB 53
(h) “Frontier developer” means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (i). (i) (1) “Frontier model” means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. (2) The quantity of computing power described in paragraph (1) shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model. (j) “Large frontier developer” means a frontier developer that together with its affiliates collectively had annual gross revenues in excess of five hundred million dollars ($500,000,000) in the preceding calendar year.
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CASource text — Cal. Bus. & Prof. Code § 22757.12(a)
California SB 53
(a) A large frontier developer shall write, implement, comply with, and clearly and conspicuously publish on its internet website a frontier AI framework that applies to the large frontier developer’s frontier models and describes how the large frontier developer approaches all of the following: (1) Incorporating national standards, international standards, and industry-consensus best practices into its frontier AI framework. (2) Defining and assessing thresholds used by the large frontier developer to identify and assess whether a frontier model has capabilities that could pose a catastrophic risk, which may include multiple-tiered thresholds. (3) Applying mitigations to address the potential for catastrophic risks based on the results of assessments undertaken pursuant to paragraph (2). (4) Reviewing assessments and adequacy of mitigations as part of the decision to deploy a frontier model or use it extensively internally. (5) Using third parties to assess the potential for catastrophic risks and the effectiveness of mitigations of catastrophic risks. …
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CASource text — Cal. Bus. & Prof. Code § 22757.12(b)
California SB 53
(b) (1) A large frontier developer shall review and, as appropriate, update its frontier AI framework at least once per year. (2) If a large frontier developer makes a material modification to its frontier AI framework, the large frontier developer shall clearly and conspicuously publish the modified frontier AI framework and a justification for that modification within 30 days.
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CASource text — Cal. Bus. & Prof. Code § 22757.12(c)(1)
California SB 53
(c) (1) Before, or concurrently with, deploying a new frontier model or a substantially modified version of an existing frontier model, a frontier developer shall clearly and conspicuously publish on its internet website a transparency report containing all of the following: (A) The internet website of the frontier developer. (B) A mechanism that enables a natural person to communicate with the frontier developer. (C) The release date of the frontier model. (D) The languages supported by the frontier model. (E) The modalities of output supported by the frontier model. (F) The intended uses of the frontier model. (G) Any generally applicable restrictions or conditions on uses of the frontier model.
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CASource text — Cal. Bus. & Prof. Code § 22757.12(c)(2)
California SB 53
(2) Before, or concurrently with, deploying a new frontier model or a substantially modified version of an existing frontier model, a large frontier developer shall include in the transparency report required by paragraph (1) summaries of all of the following: (A) Assessments of catastrophic risks from the frontier model conducted pursuant to the large frontier developer’s frontier AI framework. (B) The results of those assessments. (C) The extent to which third-party evaluators were involved. (D) Other steps taken to fulfill the requirements of the frontier AI framework with respect to the frontier model.
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CASource text — Cal. Bus. & Prof. Code § 22757.12(c)(2)(C)
California SB 53
(C) The extent to which third-party evaluators were involved.
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CASource text — Cal. Bus. & Prof. Code § 22757.12(c)(3)-(4)
California SB 53
(3) A frontier developer that publishes the information described in paragraph (1) or (2) as part of a larger document, including a system card or model card, shall be deemed in compliance with the applicable paragraph. (4) A frontier developer is encouraged, but not required, to make disclosures described in this subdivision that are consistent with, or superior to, industry best practices.
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CASource text — Cal. Bus. & Prof. Code § 22757.12(d)
California SB 53
(d) A large frontier developer shall transmit to the Office of Emergency Services a summary of any assessment of catastrophic risk resulting from internal use of its frontier models every three months or pursuant to another reasonable schedule specified by the large frontier developer and communicated in writing to the Office of Emergency Services with written updates, as appropriate.
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CASource text — Cal. Bus. & Prof. Code § 22757.12(e)
California SB 53
(e) (1) (A) A frontier developer shall not make a materially false or misleading statement about catastrophic risk from its frontier models or its management of catastrophic risk. (B) A large frontier developer shall not make a materially false or misleading statement about its implementation of, or compliance with, its frontier AI framework. (2) This subdivision does not apply to a statement that was made in good faith and was reasonable under the circumstances.
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CASource text — Cal. Bus. & Prof. Code § 22757.12(f)
California SB 53
(f) (1) When a frontier developer publishes documents to comply with this section, the frontier developer may make redactions to those documents that are necessary to protect the frontier developer’s trade secrets, the frontier developer’s cybersecurity, public safety, or the national security of the United States or to comply with any federal or state law. (2) If a frontier developer redacts information in a document pursuant to this subdivision, the frontier developer shall describe the character and justification of the redaction in any published version of the document to the extent permitted by the concerns that justify redaction and shall retain the unredacted information for five years.
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CASource text — Cal. Bus. & Prof. Code § 22757.13(a)
California SB 53
(a) The Office of Emergency Services shall establish a mechanism to be used by a frontier developer or a member of the public to report a critical safety incident that includes all of the following: (1) The date of the critical safety incident. (2) The reasons the incident qualifies as a critical safety incident. (3) A short and plain statement describing the critical safety incident. (4) Whether the incident was associated with internal use of a frontier model.
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CASource text — Cal. Bus. & Prof. Code § 22757.13(b)
California SB 53
(b) (1) The Office of Emergency Services shall establish a mechanism to be used by a large frontier developer to confidentially submit summaries of any assessments of the potential for catastrophic risk resulting from internal use of its frontier models. (2) The Office of Emergency Services shall take all necessary precautions to limit access to any reports related to internal use of frontier models to only personnel with a specific need to know the information and to protect the reports from unauthorized access.
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CASource text — Cal. Bus. & Prof. Code § 22757.13(c)(1)
California SB 53
(c) (1) Subject to paragraph (2), a frontier developer shall report any critical safety incident pertaining to one or more of its frontier models to the Office of Emergency Services within 15 days of discovering the critical safety incident.
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CASource text — Cal. Bus. & Prof. Code § 22757.13(c)(2)
California SB 53
(2) If a frontier developer discovers that a critical safety incident poses an imminent risk of death or serious physical injury, the frontier developer shall disclose that incident within 24 hours to an authority, including any law enforcement agency or public safety agency with jurisdiction, that is appropriate based on the nature of that incident and as required by law.
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CASource text — Cal. Bus. & Prof. Code § 22757.13(f)
California SB 53
(f) A report of a critical safety incident submitted to the Office of Emergency Services pursuant to this section, a report of assessments of catastrophic risk from internal use pursuant to Section 22757.12, and a covered employee report made pursuant to Chapter 5.1 (commencing with Section 1107) of Part 3 of Division 2 of the Labor Code are exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
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CASource text — Cal. Bus. & Prof. Code § 22757.13(g)
California SB 53
(g) (1) Beginning January 1, 2027, and annually thereafter, the Office of Emergency Services shall produce a report with anonymized and aggregated information about critical safety incidents that have been reviewed by the Office of Emergency Services since the preceding report. (2) The Office of Emergency Services shall not include information in a report pursuant to this subdivision that would compromise the trade secrets or cybersecurity of a frontier developer, public safety, or the national security of the United States or that would be prohibited by any federal or state law. (3) The Office of Emergency Services shall transmit a report pursuant to this subdivision to the Legislature, pursuant to Section 9795, and to the Governor.
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CASource text — Cal. Bus. & Prof. Code § 22757.13(h)
California SB 53
(h) The Office of Emergency Services may adopt regulations designating one or more federal laws, regulations, or guidance documents that meet all of the following conditions for the purposes of subdivision (i): (1) (A) The law, regulation, or guidance document imposes or states standards or requirements for critical safety incident reporting that are substantially equivalent to, or stricter than, those required by this section. (B) The law, regulation, or guidance document described in subparagraph (A) does not need to require critical safety incident reporting to the State of California. (2) The law, regulation, or guidance document is intended to assess, detect, or mitigate the catastrophic risk.
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CASource text — Cal. Bus. & Prof. Code § 22757.14(a)
California SB 53
(a) On or before January 1, 2027, and annually thereafter, the Department of Technology shall assess recent evidence and developments relevant to the purposes of this chapter and shall make recommendations about whether and how to update any of the following definitions for the purposes of this chapter to ensure that they accurately reflect technological developments, scientific literature, and widely accepted national and international standards: (1) “Frontier model” so that it applies to foundation models at the frontier of artificial intelligence development. (2) “Frontier developer” so that it applies to developers of frontier models who are themselves at the frontier of artificial intelligence development. (3) “Large frontier developer” so that it applies to well-resourced frontier developers.
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CASource text — Cal. Bus. & Prof. Code § 22757.14(d)
California SB 53
(d) (1) Beginning January 1, 2027, and annually thereafter, the Attorney General shall produce a report with anonymized and aggregated information about reports from covered employees made pursuant to Chapter 5.1 (commencing with Section 1107) of Part 3 of Division 2 of the Labor Code that have been reviewed by the Attorney General since the preceding report. (2) The Attorney General shall not include information in a report pursuant to this subdivision that would compromise the trade secrets or cybersecurity of a frontier developer, confidentiality of a covered employee, public safety, or the national security of the United States or that would be prohibited by any federal or state law. (3) The Attorney General shall transmit a report pursuant to this subdivision to the Legislature, pursuant to Section 9795 of the Government Code, and to the Governor.
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CASource text — Cal. Bus. & Prof. Code § 22757.15
California SB 53
(a) A large frontier developer that fails to publish or transmit a compliant document required to be published or transmitted under this chapter, makes a statement in violation of subdivision (e) of Section 22757.12, fails to report an incident as required by Section 22757.13, or fails to comply with its own frontier AI framework shall be subject to a civil penalty in an amount dependent upon the severity of the violation that does not exceed one million dollars ($1,000,000) per violation. (b) A civil penalty described in this section shall be recovered in a civil action brought only by the Attorney General.
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CASource text — Cal. Lab. Code § 1107(b)
California SB 53
(b) “Covered employee” means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.
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CASource text — Cal. Lab. Code § 1107.1(a)
California SB 53
(a) A frontier developer shall not make, adopt, enforce, or enter into a rule, regulation, policy, or contract that prevents a covered employee from disclosing, or retaliates against a covered employee for disclosing, information to the Attorney General, a federal authority, a person with authority over the covered employee, or another covered employee who has authority to investigate, discover, or correct the reported issue, if the covered employee has reasonable cause to believe that the information discloses either of the following: (1) The frontier developer’s activities pose a specific and substantial danger to the public health or safety resulting from a catastrophic risk. (2) The frontier developer has violated Chapter 25.1 (commencing with Section 22757.10) of Division 8 of the Business and Professions Code.
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CASource text — Cal. Lab. Code § 1107.1(d)
California SB 53
(d) A frontier developer shall provide a clear notice to all covered employees of their rights and responsibilities under this section, including by doing either of the following: (1) At all times posting and displaying within any workplace maintained by the frontier developer a notice to all covered employees of their rights under this section, ensuring that any new covered employee receives equivalent notice, and ensuring that any covered employee who works remotely periodically receives an equivalent notice. (2) At least once each year, providing written notice to each covered employee of the covered employee’s rights under this section and ensuring that the notice is received and acknowledged by all of those covered employees.
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CASource text — Cal. Lab. Code § 1107.1(e)
California SB 53
(e) (1) A large frontier developer shall provide a reasonable internal process through which a covered employee may anonymously disclose information to the large frontier developer if the covered employee believes in good faith that the information indicates that the large frontier developer’s activities present a specific and substantial danger to the public health or safety resulting from a catastrophic risk or that the large frontier developer violated Chapter 25.1 (commencing with Section 22757.10) of Division 8 of the Business and Professions Code, including a monthly update to the person who made the disclosure regarding the status of the large frontier developer’s investigation of the disclosure and the actions taken by the large frontier developer in response to the disclosure. (2) (A) Except as provided in subparagraph (B), the disclosures and responses of the process required by this subdivision shall be shared with officers and directors of the large frontier developer at least once each quarter. …
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CASource text — Cal. Lab. Code § 1107.1(f)-(g)
California SB 53
(f) The court is authorized to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of this section. (g) In a civil action brought pursuant to this section, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by this section was a contributing factor in the alleged prohibited action against the covered employee, the frontier developer shall have the burden of proof to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the covered employee had not engaged in activities protected by this section.
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CASource text — Cal. Gov. Code § 11546.8(a) (SB 53, SEC. 3)
California SB 53
(a) There is hereby established within the Government Operations Agency a consortium that shall develop, pursuant to this section, a framework for the creation of a public cloud computing cluster to be known as “CalCompute.”
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CASource text — SB 53, SEC. 5(f)
California SB 53
(f) This act preempts any rule, regulation, code, ordinance, or other law adopted by a city, county, city and county, municipality, or local agency on or after January 1, 2025, specifically related to the regulation of frontier developers with respect to their management of catastrophic risk.