WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
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.
(1)–(4) For the purposes of this article, the following terms shall have the following meanings: 1. "Artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter.GBL § 1710(1)", "artificial intelligence technologyArtificial intelligence technology"Artificial intelligence", "artificial intelligence technology", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter.GBL § 1710(1)", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter. 2. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" shall have the same meaning as in subdivision two of section seventeen hundred of this chapter.GBL § 1710(2)" shall have the same meaning as in subdivision two of section seventeen hundred of this chapter. 3. "Professional domain expertProfessional domain expert"Professional domain expert" shall mean an individual who holds a valid license, certification, or credential in a regulated field and has at least three years of experience in such field, including, but not limited to, a medical doctor, registered nurse, licensed attorney, certified public accountant, licensed engineer, or certified educator.GBL § 1710(3)" shall mean an individual who holds a valid license, certification, or credential in a regulated field and has at least three years of experience in such field, including, but not limited to, a medical doctor, registered nurse, licensed attorney, certified public accountant, licensed engineer, or certified educator. 4. "DeveloperDeveloper"Developer" shall mean any entity or individual that designs, builds, trains, or deploys an AI technology for public use or for sale in the state.GBL § 1710(4)" shall mean any entity or individual that designs, builds, trains, or deploys an AI technology for public use or for sale in the state.
Section 1710 defines the four key terms used throughout Article 47-A. The definitions of AI and generative AI incorporate by reference the definitions in GBL § 1700, while the bill creates its own definitions for professional domain expert (requiring licensure or certification plus three years' experience) and developer (any entity or individual that designs, builds, trains, or deploys AI for public use or sale in New York).
(1) 1 Any developer of an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence", "artificial intelligence technology", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter.GBL § 1710(1) intended for use in a professional domain regulated under title eight of the education law shall demonstrate that at least one professional domain expertProfessional domain expert"Professional domain expert" shall mean an individual who holds a valid license, certification, or credential in a regulated field and has at least three years of experience in such field, including, but not limited to, a medical doctor, registered nurse, licensed attorney, certified public accountant, licensed engineer, or certified educator.GBL § 1710(3) has been directly and substantially involved in at least, but not limited to: (a) the technology design phase; (b) the data selection and training process; (c) validation and testing of system outputs; and (d) ongoing risk assessment and post-deployment evaluation.
(2) 1 The provisions of subdivision one of this section shall apply to artificial intelligence technologyArtificial intelligence technology"Artificial intelligence", "artificial intelligence technology", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter.GBL § 1710(1) used in areas such as, but not limited to: (a) health care diagnostics, treatment recommendations, or patient monitoring; (b) legal decision-making or document generation; (c) financial advising or lending tools; (d) educational curriculum or assessment tools; (e) construction, architecture, or structural safety systems; and (f) public safety, law enforcement, or surveillance technologies.
Section 1711 imposes the bill's core substantive obligation: developers of AI intended for use in professional domains regulated under Title VIII of the Education Law must demonstrate that at least one professional domain expert was directly and substantially involved in four phases — technology design, data selection and training, validation and testing, and ongoing risk assessment and post-deployment evaluation. The non-exhaustive enumeration ("at least, but not limited to") leaves open additional phases where expert involvement may be required.
Subdivision 2 provides a non-exhaustive list of covered application areas, including healthcare diagnostics, legal decision-making, financial advising, educational tools, construction and structural safety, and public safety and surveillance technologies.
(1) 2 DevelopersDeveloper"Developer" shall mean any entity or individual that designs, builds, trains, or deploys an AI technology for public use or for sale in the state.GBL § 1710(4) of artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter.GBL § 1710(1) technologies shall submit documentation to the attorney general affirming: (a) The identities and qualifications of professional domain expertsProfessional domain expert"Professional domain expert" shall mean an individual who holds a valid license, certification, or credential in a regulated field and has at least three years of experience in such field, including, but not limited to, a medical doctor, registered nurse, licensed attorney, certified public accountant, licensed engineer, or certified educator.GBL § 1710(3) involved in the AI technology, pursuant to section seventeen hundred eleven of this article; (b) The specific phases of development in which such professional domain expertsProfessional domain expert"Professional domain expert" shall mean an individual who holds a valid license, certification, or credential in a regulated field and has at least three years of experience in such field, including, but not limited to, a medical doctor, registered nurse, licensed attorney, certified public accountant, licensed engineer, or certified educator.GBL § 1710(3) contributed; and (c) Any known risks, limitations, or ethical concerns disclosed during development.
(2) 2 The attorney general or a duly authorized representative of the attorney general shall issue certificates of compliance to developersDeveloper"Developer" shall mean any entity or individual that designs, builds, trains, or deploys an AI technology for public use or for sale in the state.GBL § 1710(4) who have submitted documentation pursuant to subdivision one of this section and are found to be in compliance. Any technology and developersDeveloper"Developer" shall mean any entity or individual that designs, builds, trains, or deploys an AI technology for public use or for sale in the state.GBL § 1710(4) found to be not in compliance may be subject to investigation and penalties pursuant to section seventeen hundred thirteen of this article.
Section 1712 requires developers to submit documentation to the Attorney General affirming expert involvement, including expert identities and qualifications, the specific development phases in which they contributed, and any known risks, limitations, or ethical concerns disclosed during development. The AG reviews submissions and issues certificates of compliance; non-compliant developers face investigation and penalties under § 1713.
(1)–(2) 1. The attorney general shall have exclusive authority to enforce the provisions of this article. 2. Nothing in this article shall be construed as providing the basis for a private right of action for violations of the provisions of this article.
(3) A violation of the requirements established in this article shall constitute an unfair trade practice for purposes of section three hundred forty-nine of this chapter and shall be enforced solely by the attorney general; provided, however, that subdivision (h) of section three hundred forty-nine of this chapter shall not apply to any such violation.
(4)(a)–(c) 4. (a) In any action commenced by the attorney general for any violation of this article, it shall be an affirmative defense that the developerDeveloper"Developer" shall mean any entity or individual that designs, builds, trains, or deploys an AI technology for public use or for sale in the state.GBL § 1710(4), deployer, or other person: (i) discovers a violation of any provision of this article through red-teaming; (ii) no later than sixty days after discovering such violation through red-teaming: (A) cures such violation; and (B) provides to the attorney general, in a form and manner prescribed by the attorney general, notice that such violation has been cured and evidence that any harm caused by such violation has been mitigated; and (iii) is otherwise in compliance with the latest version of: (A) the Artificial IntelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter.GBL § 1710(1) Risk Management Framework published by the national institute of standards and technology; (B) ISO/IEC 42001 of the international organization for standardization and the international electrotechnical commission; (C) a nationally or internationally recognized risk management framework for artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter.GBL § 1710(1) decision technology, other than the risk management frameworks described in clauses (A) and (B) of this subparagraph, that imposes requirements that are substantially equivalent to, and at least as stringent as, the requirements established pursuant to this article; or (D) any risk management framework for artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" shall have the same meaning as in subdivision one of section seventeen hundred of this chapter.GBL § 1710(1) decision technology that is substantially equivalent to, and at least as stringent as, the risk management frameworks described in clauses (A), (B), and (C) of this subparagraph. (b) The developerDeveloper"Developer" shall mean any entity or individual that designs, builds, trains, or deploys an AI technology for public use or for sale in the state.GBL § 1710(4), deployer, or other person bears the burden of demonstrating to the attorney general that the requirements established pursuant to paragraph (a) of this subdivision have been satisfied. (c) Nothing in this article, including, but not limited to, the enforcement authority granted to the attorney general pursuant to this section, shall be construed to preempt or otherwise affect any right, claim, remedy, presumption, or defense available at law or in equity. Any rebuttable presumption or affirmative defense established pursuant to this article shall apply only to an enforcement action brought by the attorney general pursuant to this section and shall not apply to any right, claim, remedy, presumption, or defense available at law or in equity.
(3)(a)–(c) [penalties] Any developerDeveloper"Developer" shall mean any entity or individual that designs, builds, trains, or deploys an AI technology for public use or for sale in the state.GBL § 1710(4) found to be in violation of this article may be subject to: (a) Civil penalties not to exceed fifty thousand dollars per violation; (b) Injunctive relief to halt deployment of an AI technology; or (c) Public disclosure of non-compliant practices.
Section 1713 vests exclusive enforcement authority in the Attorney General and expressly bars any private right of action. Violations are classified as unfair trade practices under GBL § 349, but the § 349(h) private action provision is excluded. The section also creates an affirmative defense for developers who discover violations through red-teaming, cure within 60 days, notify the AG with mitigation evidence, and maintain compliance with NIST AI RMF, ISO/IEC 42001, or a substantially equivalent risk management framework. Penalties include up to $50,000 per violation, injunctive relief, and public disclosure of non-compliance. A savings clause preserves all other rights and remedies at law or equity.
The attorney general shall promulgate such rules and regulations as are necessary to effectuate and enforce the provisions of this article.
Section 1714 grants the Attorney General rulemaking authority to promulgate rules and regulations necessary to effectuate and enforce Article 47-A. This is a standard delegation provision that will likely govern the form and timing of documentation submissions under § 1712 and the procedural details of compliance certification.
If any clause, sentence, paragraph, subdivision, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this article would have been enacted even if such invalid provisions had not been included herein.
Standard severability clause preserving the remainder of the article if any provision is found invalid.