Business and Professions Code § 22757.14

(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.

(b)In making recommendations pursuant to this section, the Department of Technology shall take into account all of the following:

(1)Similar thresholds used in international standards or federal

law, guidance, or regulations for the management of catastrophic risk and shall align with a definition adopted in a federal law or regulation to the extent that it is consistent with the purposes of this chapter.

(2)Input from stakeholders, including academics, industry, the open-source community, and governmental entities.

(3)The extent to which a person will be able to determine, before beginning to train or deploy a foundation model, whether that person will be subject to the

definition as a

frontier developer or as a

large frontier developer with an aim toward allowing earlier determinations if possible.

(4)The complexity of determining whether a person or foundation model is covered, with an aim toward allowing simpler determinations if possible.

(5)The external verifiability of determining whether a person or foundation model is covered, with an aim toward definitions that are verifiable by parties other than the

frontier developer.

(c)Upon developing recommendations pursuant to this section, the Department of Technology shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, with those recommendations.

(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.