(1) 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 in the preceding calendar year.GBL § 1420(10) 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.GBL § 1420(7) 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 in the preceding calendar year.GBL § 1420(10)'s frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) and describes in detail 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 in the preceding calendar year.GBL § 1420(10) handles all of the following: (a) 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.GBL § 1420(7); (b) 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 in the preceding calendar year.GBL § 1420(10) to identify and assess whether a frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) has capabilities that could pose a catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3), which may include multiple-tiered thresholds; (c) applying mitigations to address the potential for catastrophic risksCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) based on the results of assessments undertaken pursuant to paragraph (b) of this subdivision; (d) reviewing assessments and adequacy of mitigations as part of the decision to deployDeploy"Deploy" means to make a frontier model available to a third party for use, modification, copying, or combination with other software. "Deploy" does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model.GBL § 1420(5) a frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) or use it extensively internally; (e) using third parties to assess the potential for catastrophic risksCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) and the effectiveness of mitigations of catastrophic risksCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3); (f) 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.GBL § 1420(7), 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 in the preceding calendar year.GBL § 1420(10) determines when its frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) are substantially modified enough to require disclosures pursuant to subdivision three of this section; (g) 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.GBL § 1420(11) from unauthorized modification or transfer by internal or external parties; (h) identifying and responding to critical safety incidentsCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4); (i) instituting internal governance practices to ensure implementation of these processes; and (j) assessing and managing catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) resulting from the internal use of its frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9), including risks resulting from a frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) circumventing oversight mechanisms.

(2)(a)–(b) 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 in the preceding calendar year.GBL § 1420(10) 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.GBL § 1420(7) at least once per year. (b) 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 in the preceding calendar year.GBL § 1420(10) 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.GBL § 1420(7), 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 in the preceding calendar year.GBL § 1420(10) 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.GBL § 1420(7) and a justification for that modification within thirty days.

(3)(a) 3 Before, or concurrently with, deploying a new frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) or a substantially modified version of an existing frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(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 nine of this section.GBL § 1420(8) shall clearly and conspicuously publish on its internet website a transparency report containing all of the following: (i) 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 nine of this section.GBL § 1420(8); (ii) a mechanism that enables a natural personPerson"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, or any other nongovernmental organization or group of persons acting in concert.GBL § 1420(14) 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 nine of this section.GBL § 1420(8); (iii) the release date of the frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9); (iv) the languages supported by the frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9); (v) the modalities of output supported by the frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9); (vi) the intended uses of the frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9); and (vii) any generally applicable restrictions or conditions on uses of the frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9).

(3)(b) 4 Before, or concurrently with, deploying a new frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) or a substantially modified version of an existing frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9), 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 in the preceding calendar year.GBL § 1420(10) shall include in the transparency report required by paragraph (a) of this subdivision, summaries of all of the following: (i) assessments of catastrophic risksCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) from the frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) 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 in the preceding calendar year.GBL § 1420(10)'s frontier AI frameworkFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.GBL § 1420(7); (ii) the results of the assessments under subparagraph (i) of this paragraph; (iii) the extent to which third-party evaluators were involved; and (iv) 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.GBL § 1420(7) with respect to the frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9).

(3)(c) 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 nine of this section.GBL § 1420(8) that publishes the information described in paragraph (a) or (b) of this subdivision as part of a larger document, including a system card or model card, shall be deemed in compliance with the applicable paragraph.

(4)(a)–(b) 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 nine of this section.GBL § 1420(8) shall not make a materially false or misleading statement about catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) from its frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) or its management of catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3). (ii) 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 in the preceding calendar year.GBL § 1420(10) 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.GBL § 1420(7). (b) This subdivision shall not apply to a statement that was made in good faith and was reasonable under the circumstances.

(5)(a)–(b) 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 nine of this section.GBL § 1420(8) publishes documents to comply with this section, such 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 nine of this section.GBL § 1420(8) may make redactions to such documents that are necessary to protect such 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 nine of this section.GBL § 1420(8)'s trade secrets, such 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 nine of this section.GBL § 1420(8)'s cybersecurity, public safety, or the national security of the United States or to comply with any federal or state law. (b) 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 nine of this section.GBL § 1420(8) redacts information in a document pursuant to this subdivision, such 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 nine of this section.GBL § 1420(8) shall describe the character and justification of such redaction in any published version of such document to the extent permitted by the concerns that justify redaction and shall retain the unredacted information for five years.

(1) The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) 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 nine of this section.GBL § 1420(8) or a member of the public to report a critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) that includes all of the following: (a) the date of the critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4); (b) the reasons the incident qualifies as a critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4); (c) a short and plain statement describing the critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4); and (d) whether the incident was associated with internal use of a frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9).

(2)(a)–(b) 7 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 in the preceding calendar year.GBL § 1420(10) shall transmit to the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) a summary of any assessment of catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) resulting from internal use of its frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) every three months or pursuant to another reasonable schedule requested 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 in the preceding calendar year.GBL § 1420(10), communicated in writing to the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) with written updates, as appropriate, and agreed upon by the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16). The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) 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 in the preceding calendar year.GBL § 1420(10) to confidentially submit summaries of any assessments of the potential for catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) resulting from internal use of its frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9). (b) The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) shall take all reasonable precautions to limit access to any reports related to internal use of frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) to only personnel authorized to know the information and to protect the reports from unauthorized access.

(3)(a)–(c) 8 Subject to paragraph (b) of this subdivision, 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 nine of this section.GBL § 1420(8) shall report any critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) pertaining to one or more of its frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) to the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) within seventy-two hours from a determination that a critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) has occurred or within seventy-two hours 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 nine of this section.GBL § 1420(8) learning facts sufficient to establish a reasonable belief that a critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) has occurred. (b) 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 nine of this section.GBL § 1420(8) discovers that a critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) 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 nine of this section.GBL § 1420(8) shall disclose that incident within twenty-four 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. (c) 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 nine of this section.GBL § 1420(8) that discovers information about a critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) after filing the initial report required by this subdivision may file an amended report.

(4) The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) shall review critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) 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 nine of this section.GBL § 1420(8) and may review reports submitted by members of the public.

(5)(a)–(b) The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) may transmit reports of critical safety incidentsCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) or summaries of any assessments of catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) from internal use of frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) to other governmental entities at their discretion, considering for example and without limitation the following: the severity of any such incident, potential ongoing risks, legal or regulatory obligations, the need for coordinating with other governmental agencies or other entities and the availability of information. The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) shall consider transmitting such reports or summaries to the office of the attorney general, as appropriate. Any report transmitted from the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) to another governmental entity shall be exempt from disclosure under article six of the public officers law. (b) The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) may consider, at its discretion, 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 nine of this section.GBL § 1420(8), or national security when transmitting reports.

(6) A report of a critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) submitted to the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) pursuant to this section and a report of assessments of catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) from internal use pursuant to section fourteen hundred twenty-one of this article, are exempt from disclosure under article six of the public officers law.

(7)(a)–(c) Beginning January first, two thousand twenty-eight, and annually thereafter, the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) shall produce a report, that includes the following: (i) anonymized and aggregated information about critical safety incidentsCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) that have been reviewed by the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) since the preceding report; (ii) any information that the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) deems relevant to frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) safety; (iii) recommended updates to this article, if any; and (iv) any developments relevant to the purposes of this article. (b) The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) 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 nine of this section.GBL § 1420(8), public safety, or the national security of the United States or that would be prohibited by any federal or state law. (c) The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) shall transmit a report pursuant to this subdivision to the governor, the temporary president and minority leader of the senate, the speaker and minority leader of the assembly, the chair and ranking member of the senate committee on internet and technology, and the chair and ranking member of the assembly committee on science and technology.

(8)–(10) 9 8. The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) 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 nine of this section: (a) (i) 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: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) reporting that are substantially equivalent to, or stricter than, those required by subdivision three of this section; and (ii) the law, regulation, or guidance document described in subparagraph (i) of this paragraph does not need to require critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) reporting to the state of New York; and (b) the law, regulation, or guidance document is intended to assess, detect, or mitigate the catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3). 9. (a) 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 nine of this section.GBL § 1420(8) that intends to comply with subdivision three of 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 eight of this section shall declare its intent to do so to the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16). (b) 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 nine of this section.GBL § 1420(8) has declared its intent pursuant to paragraph (a) of this subdivision, the following shall apply: (i) 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 nine of this section.GBL § 1420(8) shall be deemed in compliance with subdivision three of 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 nine of this section.GBL § 1420(8) 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 nine of this section.GBL § 1420(8) declares the revocation of that intent to the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) or the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) revokes a relevant regulation pursuant to subdivision ten of this section; (ii) 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 nine of this section.GBL § 1420(8) to meet the standards of, or comply with the requirements stated by, the federal law, regulation, or guidance document designated pursuant to subdivision eight of this section shall constitute a violation of this article; and (iii) 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 nine of this section.GBL § 1420(8) who comply with subdivision three of this section by meeting such federal standards shall send copies of any critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) reports required by such federal standards to the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) concurrently with sending them to federal authorities. 10. The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) shall revoke a regulation adopted under subdivision eight of this section if the requirements of subdivision eight of this section are no longer met.

The loss of value of equity shall not count as damage to or loss of propertyProperty"Property" means tangible or intangible property.GBL § 1420(13) for the purposes of this article.

The duties and obligations imposed by this article are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any other duties or obligations imposed under other law and do not limit any rights or remedies under existing law.

This article shall only apply to frontier modelsFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) that are developed, deployed, or operating in whole or in part in New York state.

Nothing in this article shall apply to: 1. accredited colleges and universities in New York state, to the extent such colleges and universities are engaging in academic research regarding artificial intelligence modelsArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.GBL § 1420(2); or 2. the Empire AI consortium or the institute, as such terms are defined by section three hundred sixty-one of the economic development law.

(1) The attorney general may bring a civil action to recover a civil penalty in an amount not to exceed one million dollars for a first violation and in an amount not to exceed three million dollars per subsequent violation, determined based on the severity of the violation where 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 in the preceding calendar year.GBL § 1420(10) fails to publish or transmit a compliant document required to be published or transmitted under this article, makes a statement in violation of subdivision four of section fourteen hundred twenty-one of this article, fails to report an incident as required by section fourteen hundred twenty-two of this article, 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.GBL § 1420(7).

(2) Nothing in this article shall be construed to establish, authorize or create a private right of action associated with violations of this article.

(3) Nothing in this article shall be construed to prevent 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 in the preceding calendar year.GBL § 1420(10) from asserting that another personPerson"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, or any other nongovernmental organization or group of persons acting in concert.GBL § 1420(14), entity, or factor, may be responsible for any alleged harm, injury or damage resulting from a catastrophic riskCatastrophic risk"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 fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) 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; or (iii) evading the control of its frontier developer or user. "Catastrophic risk" does not include a foreseeable and material risk from any of the following: (i) 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; (ii) lawful activity of the federal government; or (iii) harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm.GBL § 1420(3) or critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4).

(1)–(3) 10 1. Except as otherwise provided in this section, no 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 in the preceding calendar year.GBL § 1420(10) may develop, deployDeploy"Deploy" means to make a frontier model available to a third party for use, modification, copying, or combination with other software. "Deploy" does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model.GBL § 1420(5), or operate a frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9), in whole or in part in New York state, without having a current disclosure statement filed with the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) and paying the required share. 2. The disclosure statement shall be filed in the form and the manner prescribed by the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) and shall contain all the information required by the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16). It shall be renewed every two years, whenever ownership of the frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) is transferred or whenever there is a material change to the information reported in the previously filed disclosure statement, whichever occurs earlier. 3. Such disclosure statement shall identify: (a) the identity 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 in the preceding calendar year.GBL § 1420(10) and all names under which such 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 in the preceding calendar year.GBL § 1420(10) conducts business; (b) the address of the principal place of business and the address of each officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) it maintains in New York state; (c) in the event such 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 in the preceding calendar year.GBL § 1420(10) or the ultimate parent of such 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 in the preceding calendar year.GBL § 1420(10) is a privately or closely held company, a list of all personsPerson"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, or any other nongovernmental organization or group of persons acting in concert.GBL § 1420(14) or entities that beneficially own a five percent or greater interest in such 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 in the preceding calendar year.GBL § 1420(10) at the time of the filing of the disclosure statement and a list of personsPerson"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, or any other nongovernmental organization or group of persons acting in concert.GBL § 1420(14) who formerly beneficially owned a five percent or greater interest in such owner or its predecessors in the preceding five years. In the event such owner or the ultimate parent is a publicly traded company, such owner shall file a list of all personsPerson"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, or any other nongovernmental organization or group of persons acting in concert.GBL § 1420(14) or entities that beneficially own a fifty percent or greater interest in 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 in the preceding calendar year.GBL § 1420(10) at the time of registration; and (d) the name and contact information of a point of contact, secondary contact, and tertiary contact for such 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 in the preceding calendar year.GBL § 1420(10). Such point of contact shall be responsible for receiving inquiries relating to this article from the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) or other governmental entities.

(4) 11 Large frontier developersLarge 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 in the preceding calendar year.GBL § 1420(10) shall be assessed in pro rata shares by the departmentDepartment"Department" means the department of financial services.GBL § 1420(12) to defray the operating expenses, including all direct and indirect costs, of administering the obligations imposed by this article.

(5)(a)–(b) 5. If any personPerson"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, or any other nongovernmental organization or group of persons acting in concert.GBL § 1420(14) develops, deploysDeploy"Deploy" means to make a frontier model available to a third party for use, modification, copying, or combination with other software. "Deploy" does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model.GBL § 1420(5), or operates a large frontier modelFrontier model"Frontier model" means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The quantity of computing power described in paragraph (a) of this subdivision 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.GBL § 1420(9) in part in New York state without a current disclosure filed with the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) as required by this section, submits false information in its disclosure or fails to timely pay any assessment required by this article, in addition to any other penalty or liability that may be imposed under this article, the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) may, after notice and hearing, levy civil penalties, fees, and costs as follows: (a) a civil penalty of one thousand dollars for each day the entity fails to file a disclosure as required by this section or fails to correct false information; and (b) an amount equal to the assessments owed.

(6) The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) shall maintain and publish a list of large frontier developersLarge 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 in the preceding calendar year.GBL § 1420(10) who have filed disclosure statements, however such publication shall not include the contact information set forth in paragraph (d) of subdivision three of this section.

The officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) is hereby authorized to adopt rules and regulations to implement the provisions of this article as needed. To the extent the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) determines that doing so will facilitate safety and transparency consistent with the underlying purpose of this article, the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16) may consider additional reporting or publication requirements for information to facilitate safety and transparency, including but not limited to, post-critical safety incidentCritical safety incident"Critical safety incident" means any of the following: (a) unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury; (b) harm resulting from the materialization of a catastrophic risk; (c) loss of control of a frontier model causing death or bodily injury; or (d) 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.GBL § 1420(4) information, sharing plans and protocols, and the transmission of frontier AI frameworksFrontier AI framework"Frontier AI framework" means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks.GBL § 1420(7) to the officeOffice"Office" means an office within the department of financial services, which shall report to the superintendent of financial services and is tasked with implementation of this article.GBL § 1420(16).