| Summary |
The bill requires a developer of a high-risk artificial intelligence
system (high-risk system) to use reasonable care to avoid algorithmic
discrimination in the high-risk system. There is a rebuttable presumption
that a developer used reasonable care if the developer complied with
specified provisions in the bill, including:
•
Making available to a deployer of the high-risk system a
statement disclosing specified information about the
high-risk system;
•
Making available to a deployer of the high-risk system
information and documentation necessary to complete an
impact assessment of the high-risk system;
•
Making a publicly available statement summarizing the
types of high-risk systems that the developer has developed
or intentionally and substantially modified and currently
makes available to a deployer and how the developer
manages any known or reasonably foreseeable risks of
algorithmic discrimination that may arise from the
development or intentional and substantial modification of
each of these high-risk systems; and
•
Disclosing to the attorney general and known deployers of
the high-risk system any known or reasonably foreseeable
risk of algorithmic discrimination, within 90 days after the
discovery or receipt of a credible report from the deployer,
that the high-risk system has caused or is reasonably likely
to have caused.
The bill also requires a deployer of a high-risk system to use
reasonable care to avoid algorithmic discrimination in the high-risk
system. There is a rebuttable presumption that a deployer used reasonable
care if the deployer complied with specified provisions in the bill,
including:
•
Implementing a risk management policy and program for
the high-risk system;
•
Completing an impact assessment of the high-risk system;
•
Notifying a consumer of specified items if the high-risk
system makes a consequential decision concerning a
consumer;
•
Making a publicly available statement summarizing the
types of high-risk systems that the deployer currently
deploys and how the deployer manages any known or
reasonably foreseeable risks of algorithmic discrimination
that may arise from deployment of each of these high-risk
systems; and
•
Disclosing to the attorney general the discovery of
algorithmic discrimination, within 90 days after the
discovery, that the high-risk system has caused or is
reasonably likely to have caused.
A developer of a general purpose artificial intelligence model
(general purpose model) is required to create and maintain specified
documentation for the general purpose model, including:
•
A policy to comply with federal and state copyright laws;
and
•
A detailed summary concerning the content used to train
the general purpose model.
A developer of a general purpose model must create, implement,
maintain, and make available to deployers who intend to integrate the
general purpose model into the deployers' artificial intelligence systems
documentation and information that:
•
Enables the deployers to understand the capabilities and
limitations of the general purpose model;
•
Discloses the technical requirements for the general
purpose model to be integrated into the deployers' artificial
intelligence systems;
•
Discloses the design specifications of, and training
processes for, the general purpose model, including the
training methodologies and techniques for the general
purpose model;
•
Discloses the key design choices for the general purpose
model, including the rationale and assumptions made;
•
Discloses what the general purpose model is designed to
optimize for and the relevance of the different parameters,
as applicable; and
•
Provides a description of the data that was used for
purposes of training, testing, and validation, as applicable.
If an artificial intelligence system, including a general purpose
model, generates or manipulates synthetic digital content, the bill requires
the developer to:
•
Ensure that the outputs of the artificial intelligence system
are marked in a machine-readable format and detectable as
synthetic digital content; and
•
Ensure that the developer's technical solutions are
effective, interoperable, robust, and reliable.
If an artificial intelligence system, including a general purpose
model, generates or manipulates synthetic digital content, the bill requires
the deployer of the artificial intelligence system to disclose to a consumer
that the synthetic digital content has been artificially generated or
manipulated.
The attorney general and district attorneys have exclusive authority
to enforce the bill. During the period from July 1, 2025, through June 30,
2026, the attorney general or a district attorney, prior to initiating any
action for a violation of the provisions of the bill, shall issue a notice of
violation to the alleged violator and, if the attorney general or district
attorney determines that a cure is possible, provide the alleged violator 60
days to cure the violation before bringing an enforcement action.
The bill provides an affirmative defense for a developer or
deployer if:
•
The developer or deployer of the high-risk system or
generative system involved in a potential violation has
implemented and maintained a program that is in
compliance with a nationally or internationally recognized
risk management framework for artificial intelligence
systems that the bill or the attorney general designates; and
•
The developer or deployer takes specified measures to
discover and correct violations of the bill.
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