New Jersey · Senate Bill · 222nd Legislature (2026 Session)
SB1802
New Jersey Senate Bill 1802 — An Act concerning artificial intelligence safety tests and supplementing Title 52 of the Revised Statutes

Status ● Introduced Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
The Office of Information Technology is the designated regulatory authority responsible for establishing safety test requirements and reviewing annual reports. The bill does not specify a civil or criminal enforcement mechanism, does not authorize private suits, and does not prescribe penalties for noncompliance. Enforcement authority, if any, would derive from rules and regulations adopted by the Office of Information Technology pursuant to the Administrative Procedure Act.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
The bill does not prescribe any monetary penalties, damages, injunctive relief, or other remedies for noncompliance.

What This Bill Requires

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

Statutory Text
Analysis & Obligations
Section 1(a)
Definitions

As used in P.L. , c. (C. ) (pending before the Legislature as this bill): "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial intelligence system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Section 1(a)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial intelligence system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Section 1(a) system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial intelligence system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Section 1(a) system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting. "Artificial intelligence companyArtificial intelligence company"Artificial intelligence company" means a private entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technology.Section 1(a)" means a private entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a product or service that primarily uses artificial intelligence to perform its intended function.Section 1(a). "Artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a product or service that primarily uses artificial intelligence to perform its intended function.Section 1(a)" means a product or service that primarily uses artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial intelligence system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Section 1(a) to perform its intended function. "Safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a)" means a protocol for assessing artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a product or service that primarily uses artificial intelligence to perform its intended function.Section 1(a) for potential biases, inaccuracies, and cybersecurity threats.

Section 1(a) establishes the bill's four defined terms. The definition of artificial intelligence company is notably expansive — it covers not only developers and sellers but any entity that uses AI technology in New Jersey, potentially sweeping in every business that deploys an AI-powered product or service. Artificial intelligence technology is defined as any product or service that primarily uses AI, which introduces a threshold question about what constitutes 'primary' use. Safety test is defined broadly as a protocol for assessing bias, inaccuracies, and cybersecurity threats.

Section 1(b)
OIT duties: safety test requirements and report review
Government

(1)(a)–(c) 1 The Office of Information Technology shall: (1) establish minimum requirements for an artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial intelligence system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Section 1(a) safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) for artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a product or service that primarily uses artificial intelligence to perform its intended function.Section 1(a) sold, developed, deployed, used, or offered for sale in this State that is conducted by an artificial intelligence companyArtificial intelligence company"Artificial intelligence company" means a private entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technology.Section 1(a) pursuant to subsection c. of this section, which requirements shall include but not be limited to: (a) an analysis of potential cybersecurity threats and vulnerabilities; (b) an analysis of an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a product or service that primarily uses artificial intelligence to perform its intended function.Section 1(a)'s data sources and potential sources of bias, incorrect or inaccurate information, or violations of State or federal criminal, copyright, patent, or trade secret laws; and (c) descriptions of possible remedies or defensive measures that can be taken by the artificial intelligence companyArtificial intelligence company"Artificial intelligence company" means a private entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technology.Section 1(a) to address all potential cybersecurity threats and vulnerabilities, potential sources of bias, incorrect or inaccurate information, or potential violations of State or federal criminal, copyright, patent, or trade secret laws identified during the conducting of the safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a);

(2) 2 and (2) review each annual report required to be submitted by an artificial intelligence companyArtificial intelligence company"Artificial intelligence company" means a private entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technology.Section 1(a) pursuant to subsection c. of this section.

Section 1(b) directs the Office of Information Technology to perform two duties: (1) establish minimum requirements for AI safety tests, which must include cybersecurity threat analysis, data source and bias analysis, and descriptions of possible remedies; and (2) review each annual report submitted by an artificial intelligence company. This section creates obligations on a government agency rather than on private entities.

Compliance actions 2 items
1
The Office of Information Technology must establish minimum requirements for AI safety testsSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) applicable to all AI technology sold, developed, deployed, used, or offered for sale in New Jersey. The requirements must include at minimum: (1) an analysis of potential cybersecurity threats and vulnerabilities; (2) an analysis of the AI technology's data sources and potential sources of bias, inaccurate information, or violations of state or federal criminal, copyright, patent, or trade secret laws; and (3) descriptions of possible remedies or defensive measures to address identified threats, biases, inaccuracies, or potential legal violations.
PS-01.4
2
The Office of Information Technology must review each annual safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) report submitted by an artificial intelligence companyArtificial intelligence company"Artificial intelligence company" means a private entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technology.Section 1(a).
R-02.2
Section 1(c)
Annual safety testing and reporting by AI companies
DeployerDeveloper

(c)(1)–(4) 3 An artificial intelligence companyArtificial intelligence company"Artificial intelligence company" means a private entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technology.Section 1(a) shall annually subject all artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means a product or service that primarily uses artificial intelligence to perform its intended function.Section 1(a) sold, developed, deployed, used, or offered for sale in this State to a safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) that adheres to the requirements established pursuant to subsection b. of this section and submit a report to the Office of Information Technology containing: (1) a list of all artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial intelligence system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Section 1(a) technologies tested; (2) a description of each safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) conducted, including the safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a)'s adherence to the requirements established pursuant to subsection b. of this section; (3) a list of all third parties used to conduct safety testsSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a), if any; and (4) the results of each safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) administered.

Section 1(c) imposes the bill's core private-sector obligation: every artificial intelligence company must annually conduct safety tests on all AI technology it sells, develops, deploys, uses, or offers for sale in New Jersey, adhering to OIT's minimum requirements, and submit a detailed report to OIT. The report must list all technologies tested, describe each safety test and its adherence to OIT requirements, identify any third parties used, and present the results. This is a recurring annual obligation — not a one-time pre-deployment evaluation.

Compliance actions 2 items
3
Artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial intelligence system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Section 1(a) companies must annually conduct safety testsSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) on all AI technology they sell, develop, deploy, use, or offer for sale in New Jersey, adhering to the minimum requirements established by the Office of Information Technology. The safety testsSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) must address potential biases, inaccuracies, and cybersecurity threats.
S-01.1
4
Artificial intelligenceArtificial intelligence"Artificial intelligence" means an artificial intelligence system: a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Section 1(a) companies must annually submit a report to the Office of Information Technology containing: (1) a list of all AI technologies tested; (2) a description of each safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) conducted, including the test's adherence to OIT requirements; (3) a list of all third parties used to conduct safety testsSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a), if any; and (4) the results of each safety testSafety test"Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.Section 1(a) administered.
R-02.1
Section 2
Rulemaking authority

The Office of Information Technology shall, in consultation with the Chief Innovation Officer and the Director of the New Jersey Office of Homeland Security and Preparedness, adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

Section 2 directs the Office of Information Technology, in consultation with the Chief Innovation Officer and the Director of the New Jersey Office of Homeland Security and Preparedness, to adopt rules and regulations under the Administrative Procedure Act as necessary to implement the bill. This is a standard rulemaking delegation and creates no independent compliance obligation on private entities.

Section 3
Effective date

This act shall take effect on the first day of the sixth month next following enactment.

Section 3 provides that the act takes effect on the first day of the sixth month following enactment. Because the bill has not been enacted, the effective date is not yet determinable.

Passage Likelihood

Low
Status Introduced
Chamber No passage
Committee No action
Majority party (No data)
Bipartisan No
Prior session None

Legislative History

2026-01-13 Introduced in the Senate, Referred to Senate Commerce Committee

Entry Last Reviewed

2026-05-20
AI generated