(a)(1)–(10) 1 A large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) shall write, implement, comply with, and clearly and conspicuously publish on its internet website a frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g) that applies to the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j)'s frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i) and describes how the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) approaches all of the following: (1) Incorporating national standards, international standards, and industry-consensus best practices into its frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g). (2) Defining and assessing thresholds used by the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) to identify and assess whether a frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i) has capabilities that could pose a catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c), which may include multiple-tiered thresholds. (3) Applying mitigations to address the potential for catastrophic risksCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) based on the results of assessments undertaken pursuant to paragraph (2). (4) Reviewing assessments and adequacy of mitigations as part of the decision to deployDeploy(1) "Deploy" means to make a frontier model available to a third party for use, modification, copying, or combination with other software. (2) "Deploy" does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model.Bus. & Prof. Code § 22757.11(e) a frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i) or use it extensively internally. (5) Using third parties to assess the potential for catastrophic risksCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) and the effectiveness of mitigations of catastrophic risksCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c). (6) Revisiting and updating the frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g), including any criteria that trigger updates and how the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) determines when its frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i) are substantially modified enough to require disclosures pursuant to subdivision (c). (7) Cybersecurity practices to secure unreleased model weightsModel weight"Model weight" means a numerical parameter in a frontier model that is adjusted through training and that helps determine how inputs are transformed into outputs.Bus. & Prof. Code § 22757.11(k) from unauthorized modification or transfer by internal or external parties. (8) Identifying and responding to critical safety incidentsCritical safety incident"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.Bus. & Prof. Code § 22757.11(d). (9) Instituting internal governance practices to ensure implementation of these processes. (10) Assessing and managing catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) resulting from the internal use of its frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i), including risks resulting from a frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i) circumventing oversight mechanisms.

(b)(1)–(2) 2 A large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) shall review and, as appropriate, update its frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g) at least once per year. (2) If a large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) makes a material modification to its frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g), the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) shall clearly and conspicuously publish the modified frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g) and a justification for that modification within 30 days.

(c)(1)–(4) 3 Before, or concurrently with, deploying a new frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i) or a substantially modified version of an existing frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i), a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) shall clearly and conspicuously publish on its internet website a transparency report containing all of the following: (A) The internet website of the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h). (B) A mechanism that enables a natural person to communicate with the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h). (C) The release date of the frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i). (D) The languages supported by the frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i). (E) The modalities of output supported by the frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i). (F) The intended uses of the frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i). (G) Any generally applicable restrictions or conditions on uses of the frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i). (2) Before, or concurrently with, deploying a new frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i) or a substantially modified version of an existing frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i), a large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) shall include in the transparency report required by paragraph (1) summaries of all of the following: (A) Assessments of catastrophic risksCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) from the frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i) conducted pursuant to the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j)'s frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g). (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 frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g) with respect to the frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i). (3) A frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) 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 developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) is encouraged, but not required, to make disclosures described in this subdivision that are consistent with, or superior to, industry best practices.

(d) 4 A large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) shall transmit to the Office of Emergency Services a summary of any assessment of catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) resulting from internal use of its frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i) every three months or pursuant to another reasonable schedule specified by the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) and communicated in writing to the Office of Emergency Services with written updates, as appropriate.

(e)(1)–(2) 5 A frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) shall not make a materially false or misleading statement about catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) from its frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i) or its management of catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c). (B) A large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) shall not make a materially false or misleading statement about its implementation of, or compliance with, its frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g). (2) This subdivision does not apply to a statement that was made in good faith and was reasonable under the circumstances.

(f)(1)–(2) 6 When a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) publishes documents to comply with this section, the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) may make redactions to those documents that are necessary to protect the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h)'s trade secrets, the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h)'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 developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) redacts information in a document pursuant to this subdivision, the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) 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.

(a)(1)–(4) The Office of Emergency Services shall establish a mechanism to be used by a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) or a member of the public to report a critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) that includes all of the following: (1) The date of the critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d). (2) The reasons the incident qualifies as a critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d). (3) A short and plain statement describing the critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d). (4) Whether the incident was associated with internal use of a frontier modelFrontier model(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.Bus. & Prof. Code § 22757.11(i).

(b)(1)–(2) The Office of Emergency Services shall establish a mechanism to be used by a large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) to confidentially submit summaries of any assessments of the potential for catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) resulting from internal use of its frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i). (2) The Office of Emergency Services shall take all necessary precautions to limit access to any reports related to internal use of frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i) to only personnel with a specific need to know the information and to protect the reports from unauthorized access.

(c)(1)–(4) 7 Subject to paragraph (2), a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) shall report any critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) pertaining to one or more of its frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i) to the Office of Emergency Services within 15 days of discovering the critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d). (2) If a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) discovers that a critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) poses an imminent risk of death or serious physical injury, the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) 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. (3) A frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) that discovers information about a critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) after filing the initial report required by this subdivision may file an amended report. (4) A frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) is encouraged, but not required, to report critical safety incidentsCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) pertaining to foundation modelsFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) that are not frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i).

(d)–(e) The Office of Emergency Services shall review critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) reports submitted by frontier developersFrontier developer"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).Bus. & Prof. Code § 22757.11(h) and may review reports submitted by members of the public. (e) (1) The Attorney General or the Office of Emergency Services may transmit reports of critical safety incidentsCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) and reports from covered employeesCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) made pursuant to Chapter 5.1 (commencing with Section 1107) of Part 3 of Division 2 of the Labor Code to the Legislature, the Governor, the federal government, or appropriate state agencies. (2) The Attorney General or the Office of Emergency Services shall strongly consider any risks related to trade secrets, public safety, cybersecurity of a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h), or national security when transmitting reports.

(f) A report of a critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) submitted to the Office of Emergency Services pursuant to this section, a report of assessments of catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) from internal use pursuant to Section 22757.12, and a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) 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).

(g)(1)–(3) Beginning January 1, 2027, and annually thereafter, the Office of Emergency Services shall produce a report with anonymized and aggregated information about critical safety incidentsCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) 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 developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h), 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.

(h)–(j) 7 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 incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) 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 incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d) reporting to the State of California. (2) The law, regulation, or guidance document is intended to assess, detect, or mitigate the catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c). (i) (1) A frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) 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 developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) has declared its intent pursuant to paragraph (1), both of the following apply: (A) The frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) shall be deemed in compliance with this section to the extent that the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) meets the standards of, or complies with the requirements imposed or stated by, the designated federal law, regulation, or guidance document until the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) 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 developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) 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. (j) The Office of Emergency Services shall revoke a regulation adopted under subdivision (h) if the requirements of subdivision (h) are no longer met.

(a)–(c) 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 modelFrontier model(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.Bus. & Prof. Code § 22757.11(i)" so that it applies to foundation modelsFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) at the frontier of artificial intelligence development. (2) "Frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h)" so that it applies to developers of frontier modelsFrontier model(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.Bus. & Prof. Code § 22757.11(i) who are themselves at the frontier of artificial intelligence development. (3) "Large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j)" so that it applies to well-resourced frontier developersFrontier developer"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).Bus. & Prof. Code § 22757.11(h). (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 riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) 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 deployDeploy(1) "Deploy" means to make a frontier model available to a third party for use, modification, copying, or combination with other software. (2) "Deploy" does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model.Bus. & Prof. Code § 22757.11(e) a foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f), whether that person will be subject to the definition as a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) or as a large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) with an aim toward allowing earlier determinations if possible. (4) The complexity of determining whether a person or foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) is covered, with an aim toward allowing simpler determinations if possible. (5) The external verifiability of determining whether a person or foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) is covered, with an aim toward definitions that are verifiable by parties other than the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h). (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)–(3) Beginning January 1, 2027, and annually thereafter, the Attorney General shall produce a report with anonymized and aggregated information about reports from covered employeesCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) 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 developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h), confidentiality of a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b), 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.

(a)–(b) A large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) 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 frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.Bus. & Prof. Code § 22757.11(g) 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.

The loss of value of equity does not count as damage to or loss of property for the purposes of this chapter.

(a)–(k) 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." (b) The consortium shall develop a framework for the creation of CalCompute that advances the development and deployment of artificial intelligence that is safe, ethical, equitable, and sustainable by doing, at a minimum, both of the following: (1) Fostering research and innovation that benefits the public. (2) Enabling equitable innovation by expanding access to computational resources. (c) The consortium shall make reasonable efforts to ensure that CalCompute is established within the University of California to the extent possible. (d) CalCompute shall include, but not be limited to, all of the following: (1) A fully owned and hosted cloud platform. (2) Necessary human expertise to operate and maintain the platform. (3) Necessary human expertise to support, train, and facilitate the use of CalCompute. (e) The consortium shall operate in accordance with all relevant labor and workforce laws and standards. (f) (1) On or before January 1, 2027, the Government Operations Agency shall submit, pursuant to Section 9795, a report from the consortium to the Legislature with the framework developed pursuant to subdivision (b) for the creation and operation of CalCompute. (2) The report required by this subdivision shall include all of the following elements: (A) A landscape analysis of California's current public, private, and nonprofit cloud computing platform infrastructure. (B) An analysis of the cost to the state to build and maintain CalCompute and recommendations for potential funding sources. (C) Recommendations for the governance structure and ongoing operation of CalCompute. (D) Recommendations for the parameters for use of CalCompute, including, but not limited to, a process for determining which users and projects will be supported by CalCompute. (E) An analysis of the state's technology workforce and recommendations for equitable pathways to strengthen the workforce, including the role of CalCompute. (F) A detailed description of any proposed partnerships, contracts, or licensing agreements with nongovernmental entities, including, but not limited to, technology-based companies, that demonstrates compliance with the requirements of subdivisions (c) and (d). (G) Recommendations regarding how the creation and ongoing management of CalCompute can prioritize the use of the current public sector workforce. (g) The consortium shall, consistent with state constitutional law, consist of 14 members as follows: (1) Four representatives of the University of California and other public and private academic research institutions and national laboratories appointed by the Secretary of Government Operations. (2) Three representatives of impacted workforce labor organizations appointed by the Speaker of the Assembly. (3) Three representatives of stakeholder groups with relevant expertise and experience, including, but not limited to, ethicists, consumer rights advocates, and other public interest advocates appointed by the Senate Rules Committee. (4) Four experts in technology and artificial intelligence to provide technical assistance appointed by the Secretary of Government Operations. (h) The members of the consortium shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties. (i) The consortium shall be dissolved upon submission of the report required by paragraph (1) of subdivision (f) to the Legislature. (j) If CalCompute is established within the University of California, the University of California may receive private donations for the purposes of implementing CalCompute. (k) This section shall become operative only upon an appropriation in a budget act, or other measure, for the purposes of this section.

(a)–(f) "Catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c)" means a foreseeable and material risk that a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h)'s development, storage, use, or deployment of a foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) 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 foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) 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 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 developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) or user. (2) "Catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c)" does not include a foreseeable and material risk from any of the following: (A) Information that a foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f). (B) Lawful activity of the federal government. (C) Harm caused by a foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) in combination with other software where the foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) did not materially contribute to the harm. (b) "Covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b)" means an employee responsible for assessing, managing, or addressing risk of critical safety incidentsCritical safety incident"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.Bus. & Prof. Code § 22757.11(d). (c) "Critical safety incidentCritical safety incident"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.Bus. & Prof. Code § 22757.11(d)" means any of the following: (1) Unauthorized access to, modification of, or exfiltration of the model weights of a foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) that results in death, bodily injury, or damage to, or loss of, property. (2) Harm resulting from the materialization of a catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c). (3) Loss of control of a foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) causing death or bodily injury. (4) A foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f) that uses deceptive techniques against the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) to subvert the controls or monitoring of its frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c). (d) "Foundation modelFoundation model"Foundation model" means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks.Bus. & Prof. Code § 22757.11(f)" has the meaning defined in Section 22757.11 of the Business and Professions Code. (e) "Frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h)" has the meaning defined in Section 22757.11 of the Business and Professions Code. (f) "Large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j)" has the meaning defined in Section 22757.11 of the Business and Professions Code.

(a)(1)–(2), (b) 8 A frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) shall not make, adopt, enforce, or enter into a rule, regulation, policy, or contract that prevents a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) from disclosing, or retaliates against a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) for disclosing, information to the Attorney General, a federal authority, a person with authority over the covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b), or another covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) who has authority to investigate, discover, or correct the reported issue, if the covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) has reasonable cause to believe that the information discloses either of the following: (1) The frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h)'s activities pose a specific and substantial danger to the public health or safety resulting from a catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c). (2) The frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) has violated Chapter 25.1 (commencing with Section 22757.10) of Division 8 of the Business and Professions Code. (b) A frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) shall not enter into a contract that prevents a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) from making a disclosure protected under Section 1102.5.

(d)(1)–(2) 9 A frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) 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 developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) a notice to all covered employees of their rights under this section, ensuring that any new covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) receives equivalent notice, and ensuring that any covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) who works remotely periodically receives an equivalent notice. (2) At least once each year, providing written notice to each covered employee of the covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b)'s rights under this section and ensuring that the notice is received and acknowledged by all of those covered employeesCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b).

(e)(1)–(2) 10 A large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) shall provide a reasonable internal process through which a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) may anonymously disclose information to the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) if the covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) believes in good faith that the information indicates that the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j)'s activities present a specific and substantial danger to the public health or safety resulting from a catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c) or that the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) 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 developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j)'s investigation of the disclosure and the actions taken by the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) 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 developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) at least once each quarter. (B) If a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) has alleged wrongdoing by an officer or director of the large frontier developerLarge frontier developer"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.Bus. & Prof. Code § 22757.11(j) in a disclosure or response, subparagraph (A) shall not apply with respect to that officer or director.

(c) A covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) may use the hotline described in Section 1102.7 to make reports described in subdivision (a).

(f)–(j) 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 employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b), the frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) 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 employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) had not engaged in activities protected by this section. (h) (1) In a civil action or administrative proceeding brought pursuant to this section, a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief. (2) Upon the filing of the petition for injunctive relief, the petitioner shall cause notice thereof to be served upon the person, and thereupon the court shall have jurisdiction to grant temporary injunctive relief as the court deems just and proper. (3) In addition to any harm resulting directly from a violation of this section, the court shall consider the chilling effect on other covered employeesCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) asserting their rights under this section in determining whether temporary injunctive relief is just and proper. (4) Appropriate injunctive relief shall be issued on a showing that reasonable cause exists to believe a violation has occurred. (5) An order authorizing temporary injunctive relief shall remain in effect until an administrative or judicial determination or citation has been issued, or until the completion of a review pursuant to subdivision (b) of Section 98.74, whichever is longer, or at a certain time set by the court. Thereafter, a preliminary or permanent injunction may be issued if it is shown to be just and proper. Any temporary injunctive relief shall not prohibit a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h) from disciplining or terminating a covered employeeCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) for conduct that is unrelated to the claim of the retaliation. (i) Notwithstanding Section 916 of the Code of Civil Procedure, injunctive relief granted pursuant to this section shall not be stayed pending appeal. (j) (1) This section does not impair or limit the applicability of Section 1102.5, including with respect to the rights of employees who are not covered employeesCovered employee"Covered employee" means an employee responsible for assessing, managing, or addressing risk of critical safety incidents.Lab. Code § 1107(b) to report violations of this chapter or Chapter 25.1 (commencing with Section 22757.10) of Division 8 of the Business and Professions Code. (2) The remedies provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state.

The loss of value of equity does not count as damage to or loss of property for the purposes of this chapter.

(a)–(f) The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (b) This act shall be liberally construed to effectuate its purposes. (c) The duties and obligations imposed by this act are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law and do not limit any rights or remedies under existing law. (d) This act shall not apply to the extent that it strictly conflicts with the terms of a contract between a federal government entity and a frontier developerFrontier developer"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).Bus. & Prof. Code § 22757.11(h). (e) This act shall not apply to the extent that it is preempted by federal law. (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 developersFrontier developer"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).Bus. & Prof. Code § 22757.11(h) with respect to their management of catastrophic riskCatastrophic risk(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. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.Bus. & Prof. Code § 22757.11(c).