California · Senate Bill · 2025–2026 Regular Session
SB1106
California SB 1106 — Agentic Artificial Intelligence

Status ● Engrossed Effective N/A Passage Likelihood H

How Is This Bill Enforced

Enforcement Authority
No compliance obligations on private entities are created by this bill. The provisions direct the Office of Emergency Services to incorporate agentic artificial intelligence into its critical-infrastructure risk analysis provided to the Governor. There is no private enforcement mechanism.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
No monetary remedies, penalties, or private causes of action are created. The bill directs state-agency risk-analysis content only.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Civ. Code § 3110
Definitions — AI training transparency title

(a) "Agentic artificial intelligenceAgentic artificial intelligence“Agentic artificial intelligence” means stochastic artificial intelligence that is capable, alone or in conjunction with other agentic artificial intelligence, of all of the following: (A) Optimizing toward multistep or abstract objectives using dynamic task decomposition or delegation, which may include modifying the behavior of the artificial intelligence based on outcomes rather than instructions or consent of the user or principal. (B) Controlling or executing actions or tasks, executing code externally, using external tools, making purchases, or accessing accounts or applications requiring user authentication. (C) Egressing the network or shell of either the artificial intelligence system or the user or principal. “Agentic artificial intelligence” does not include an artificial intelligence system that can respond only to direct task prompts and instructions from the user and does not have network egress or shell access capability.Civ. Code § 3110(a); Gov. Code § 11549.64(a)" means stochastic artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b) that is capable, alone or in conjunction with other agentic artificial intelligenceAgentic artificial intelligence“Agentic artificial intelligence” means stochastic artificial intelligence that is capable, alone or in conjunction with other agentic artificial intelligence, of all of the following: (A) Optimizing toward multistep or abstract objectives using dynamic task decomposition or delegation, which may include modifying the behavior of the artificial intelligence based on outcomes rather than instructions or consent of the user or principal. (B) Controlling or executing actions or tasks, executing code externally, using external tools, making purchases, or accessing accounts or applications requiring user authentication. (C) Egressing the network or shell of either the artificial intelligence system or the user or principal. “Agentic artificial intelligence” does not include an artificial intelligence system that can respond only to direct task prompts and instructions from the user and does not have network egress or shell access capability.Civ. Code § 3110(a); Gov. Code § 11549.64(a), of all of the following...

(b) "Artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.

(c) "DeveloperDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public.Civ. Code § 3110(c)" means a personPerson"Person" means a natural person.Gov. Code § 11549.64(d), partnership, state or local government agency, or corporation that designs, codes, produces, or substantially modifiesSubstantially modifies“Substantially modifies” or “substantial modification” means a new version, new release, or other update to a generative artificial intelligence system or service that materially changes its functionality or performance, including the results of retraining or fine tuning.Civ. Code § 3110(e) an artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b) system or service for use by members of the public.

(d) "Generative artificial intelligenceGenerative artificial intelligence“Generative artificial intelligence” means artificial intelligence that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence’s training data.Civ. Code § 3110(d); Gov. Code § 11549.64(c)" means artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b) that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b)'s training data.

(e) "Substantially modifiesSubstantially modifies“Substantially modifies” or “substantial modification” means a new version, new release, or other update to a generative artificial intelligence system or service that materially changes its functionality or performance, including the results of retraining or fine tuning.Civ. Code § 3110(e)" or "substantial modification" means a new version, new release, or other update to a generative artificial intelligenceGenerative artificial intelligence“Generative artificial intelligence” means artificial intelligence that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence’s training data.Civ. Code § 3110(d); Gov. Code § 11549.64(c) system or service that materially changes its functionality or performance, including the results of retraining or fine tuning.

(f) "Synthetic data generationSynthetic data generation“Synthetic data generation” means a process in which seed data are used to create artificial data that have some of the statistical characteristics of the seed data.Civ. Code § 3110(f)" means a process in which seed data are used to create artificial data that have some of the statistical characteristics of the seed data.

(g) "Train a generative artificial intelligence system or serviceTrain a generative artificial intelligence system or service“Train a generative artificial intelligence system or service” includes testing, validating, or fine tuning by the developer of the artificial intelligence system or service.Civ. Code § 3110(g)" includes testing, validating, or fine tuning by the developer of the artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b) system or service.

Section 1 adds a definition of agentic artificial intelligence to the definitions title of the Civil Code that governs generative-AI training-data transparency, and renumbers the existing definitions accordingly. The new definition captures stochastic AI capable of pursuing multistep objectives through dynamic task decomposition, executing external actions and code, making purchases or accessing authenticated accounts, and egressing the network or shell — while expressly excluding systems that respond only to direct prompts and lack network egress or shell access.

This section is purely definitional. It imposes no new affirmative compliance duty; its effect is to make the term available for use elsewhere in the title and in future obligations.

Gov. Code § 11549.64
Definitions — Governor's AI report chapter

(a) "Agentic artificial intelligenceAgentic artificial intelligence“Agentic artificial intelligence” means stochastic artificial intelligence that is capable, alone or in conjunction with other agentic artificial intelligence, of all of the following: (A) Optimizing toward multistep or abstract objectives using dynamic task decomposition or delegation, which may include modifying the behavior of the artificial intelligence based on outcomes rather than instructions or consent of the user or principal. (B) Controlling or executing actions or tasks, executing code externally, using external tools, making purchases, or accessing accounts or applications requiring user authentication. (C) Egressing the network or shell of either the artificial intelligence system or the user or principal. “Agentic artificial intelligence” does not include an artificial intelligence system that can respond only to direct task prompts and instructions from the user and does not have network egress or shell access capability.Civ. Code § 3110(a); Gov. Code § 11549.64(a)" means stochastic artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b) that is capable, alone or in conjunction with other agentic artificial intelligenceAgentic artificial intelligence“Agentic artificial intelligence” means stochastic artificial intelligence that is capable, alone or in conjunction with other agentic artificial intelligence, of all of the following: (A) Optimizing toward multistep or abstract objectives using dynamic task decomposition or delegation, which may include modifying the behavior of the artificial intelligence based on outcomes rather than instructions or consent of the user or principal. (B) Controlling or executing actions or tasks, executing code externally, using external tools, making purchases, or accessing accounts or applications requiring user authentication. (C) Egressing the network or shell of either the artificial intelligence system or the user or principal. “Agentic artificial intelligence” does not include an artificial intelligence system that can respond only to direct task prompts and instructions from the user and does not have network egress or shell access capability.Civ. Code § 3110(a); Gov. Code § 11549.64(a), of all of the following...

(b) "Artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.

(c) "Generative artificial intelligenceGenerative artificial intelligence“Generative artificial intelligence” means artificial intelligence that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence’s training data.Civ. Code § 3110(d); Gov. Code § 11549.64(c)" or "GenAI" means an artificial intelligenceArtificial intelligence“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3110(b); Gov. Code § 11549.64(b) system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data.

(d) "PersonPerson"Person" means a natural person.Gov. Code § 11549.64(d)" means a natural personPerson"Person" means a natural person.Gov. Code § 11549.64(d).

(e) "ReportReport"Report" means the report to the Governor required by Executive Order No. N-12-23.Gov. Code § 11549.64(e)" means the reportReport"Report" means the report to the Governor required by Executive Order No. N-12-23.Gov. Code § 11549.64(e) to the Governor required by Executive Order No. N-12-23.

Section 2 adds the same agentic artificial intelligence definition to the Government Code chapter that governs the Governor's AI executive-order report and the Office of Emergency Services critical-infrastructure risk analysis, and renumbers the chapter's existing definitions. Like Section 1, this section is definitional only and imposes no compliance duty; it supplies the term used in the operative reporting provision at Section 11549.65.

Gov. Code § 11549.65
AI report updates and critical-infrastructure risk analysis

(a) The Department of Technology, under the guidance of the Government Operations Agency, the Office of Data and Innovation, and the Department of Human Resources, shall update the reportReport"Report" means the report to the Governor required by Executive Order No. N-12-23.Gov. Code § 11549.64(e), as needed, to respond to significant developments.

(b) 1 The Office of Emergency Services shall, as appropriate, perform a risk analysis of potential threats posed by the use of GenAI to California's critical infrastructure, including those that could lead to mass casualty events.

(c) Any state agency or department shall consider procurement and enterprise use opportunities in which GenAI can improve the efficiency, effectiveness, accessibility, and equity of government operations.

(d) Legal counsel for any state agency or department shall consider any potential impact of GenAI on regulatory issues under the respective agency's or department's authority and recommend necessary updates, if appropriate.

Section 3 directs state agencies on updating the Governor's AI report and on the Office of Emergency Services' critical-infrastructure GenAI risk analysis. The only substantive amendment is in subdivision (b)(2), which now requires that the risk-analysis recommendations reflecting changes to artificial intelligence technology expressly include agentic artificial intelligence. The remaining subdivisions direct the Department of Technology to update the report, require a high-level annual summary to the Legislature, and direct agencies to consider GenAI procurement and regulatory impacts.

All duties here run to state agencies and departments, not to private developers or deployers, and concern government risk-analysis content and internal use rather than product compliance. No obligation maps cleanly to the private-sector-oriented taxonomy.

Compliance actions 1 item
1
The Office of Emergency Services must include agentic artificial intelligenceAgentic artificial intelligence“Agentic artificial intelligence” means stochastic artificial intelligence that is capable, alone or in conjunction with other agentic artificial intelligence, of all of the following: (A) Optimizing toward multistep or abstract objectives using dynamic task decomposition or delegation, which may include modifying the behavior of the artificial intelligence based on outcomes rather than instructions or consent of the user or principal. (B) Controlling or executing actions or tasks, executing code externally, using external tools, making purchases, or accessing accounts or applications requiring user authentication. (C) Egressing the network or shell of either the artificial intelligence system or the user or principal. “Agentic artificial intelligence” does not include an artificial intelligence system that can respond only to direct task prompts and instructions from the user and does not have network egress or shell access capability.Civ. Code § 3110(a); Gov. Code § 11549.64(a) in the recommendations of its critical-infrastructure GenAI risk analysis provided to the Governor.

Passage Likelihood

High
Status Engrossed
Chamber Passed origin
Committee Passed
Majority party Yes
Bipartisan No
Prior session None

Legislative History

2026-02-13 Introduced. Read first time. To Com. on RLS. for assignment. To print.
2026-02-17 From printer. May be acted upon on or after March 16.
2026-02-26 Referred to Com. on P., D.T., & C.P.
2026-03-26 Set for hearing April 6.
2026-04-07 From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 3741.) (April 6). Re-referred to Com. on APPR.
2026-04-10 Set for hearing April 20.
2026-04-20 From committee: Do pass. (Ayes 5. Noes 0. Page 3953.) (April 20).
2026-04-21 Read second time. Ordered to third reading.
2026-05-19 Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly.
2026-05-20 In Assembly. Read first time. Held at Desk.
2026-05-26 Referred to Com. on P. & C.P.
2026-06-11 From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
2026-07-02 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 1).
2026-07-02 Read second time and amended. Re-referred to Com. on APPR.

Entry Last Reviewed

2026-07-12
AI generated