✕
CACompared with — N.Y. Gen. Bus. Law § 1420(3)
Cal. 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. (2) “Catastrophic risk” does not include a foreseeable and material risk from any of the following: (A) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model. (B) Lawful activity of the federal government. …
Continue on leginfo.legislature.ca.gov ↗
✕
CACompared with — N.Y. Gen. Bus. Law § 1420(9)-(10)
Cal. SB 53
(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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1421(1)
Cal. 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. …
Continue on leginfo.legislature.ca.gov ↗
✕
CACompared with — N.Y. Gen. Bus. Law § 1421(1)(e)
Cal. SB 53
(5) Using third parties to assess the potential for catastrophic risks and the effectiveness of mitigations of catastrophic risks.
✕
CACompared with — N.Y. Gen. Bus. Law § 1421(3)
Cal. 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. (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. …
Continue on leginfo.legislature.ca.gov ↗
✕
CACompared with — N.Y. Gen. Bus. Law § 1421(4)
Cal. 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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1422(2)(a)
Cal. 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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1422(3)(a)
Cal. 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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1422(3)(b)
Cal. 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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1422(7)
Cal. 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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1422(9)-(10)
Cal. SB 53
(i) (1) A frontier developer that intends to comply with this section by complying with the requirements of, or meeting the standards stated by, a federal law, regulation, or guidance document designated pursuant to subdivision (h) shall declare its intent to do so to the Office of Emergency Services. (2) After a frontier developer has declared its intent pursuant to paragraph (1), both of the following apply: (A) The frontier developer shall be deemed in compliance with this section to the extent that the frontier developer meets the standards of, or complies with the requirements imposed or stated by, the designated federal law, regulation, or guidance document until the frontier developer declares the revocation of that intent to the Office of Emergency Services or the Office of Emergency Services revokes a relevant regulation pursuant to subdivision (j). (B) The failure by a frontier developer to meet the standards of, or comply with the requirements stated by, the federal law, regulation, or guidance document designated pursuant to subdivision (h) shall constitute a violation of this chapter. …
Continue on leginfo.legislature.ca.gov ↗
✕
CACompared with — N.Y. Gen. Bus. Law § 1427(1)
Cal. 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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1427(2)-(3)
Cal. SB 53
(b) A civil penalty described in this section shall be recovered in a civil action brought only by the Attorney General.
✕
CACompared with — N.Y. Gen. Bus. Law § 1428(1)-(2)
Cal. 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.
✕
NYSource text — N.Y. Gen. Bus. Law § 1428(4)
New York RAISE Act (S6953-B / A6453-B), as repealed and replaced by S8828
4. Large frontier developers shall be assessed in pro rata shares by the department to defray the operating expenses, including all direct and indirect costs, of administering the obligations imposed by this article.
✕
CACompared with — N.Y. Gen. Bus. Law § 1428(5)
Cal. 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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1428(6)
Cal. 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.
✕
CACompared with — N.Y. Gen. Bus. Law § 1429
Cal. 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.