S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6453
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Science and Technology
 
 AN ACT to amend the general business law, in relation  to  the  training
   and use of artificial intelligence frontier models
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Responsible AI safety and education act" or "RAISE act".
   §  2. The general business law is amended by adding a new article 44-B
 to read as follows:
                                ARTICLE 44-B
              RESPONSIBLE AI SAFETY AND EDUCATION (RAISE) ACT
 SECTION 1420. DEFINITIONS.
         1421. TRANSPARENCY REQUIREMENTS REGARDING FRONTIER MODEL  TRAIN-
                 ING AND USE.
         1422. PROTECTIONS, RIGHTS AND OBLIGATIONS OF EMPLOYEES.
         1423. VIOLATIONS.
         1424. DUTIES AND OBLIGATIONS.
         1425. PREEMPTION.
   §  1420.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "APPROPRIATE REDACTIONS" MEANS REDACTIONS TO A SAFETY AND  SECURITY
 PROTOCOL OR AUDIT REPORT THAT ARE REASONABLY NECESSARY TO PROTECT ANY OF
 THE FOLLOWING:
   (A) PUBLIC SAFETY OR UNITED STATES NATIONAL SECURITY;
   (B) TRADE SECRETS; OR
   (C) CONFIDENTIAL INFORMATION PURSUANT TO STATE AND FEDERAL LAW.
   2.  "ARTIFICIAL  INTELLIGENCE"  MEANS A MACHINE-BASED SYSTEM THAT CAN,
 FOR A GIVEN SET OF HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS, RECOMMEN-
 DATIONS, OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS, AND THAT
 USES MACHINE- AND HUMAN-BASED INPUTS TO PERCEIVE REAL AND VIRTUAL  ENVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00047-07-5
              

 A. 6453                             2
 
 RONMENTS,  ABSTRACT  SUCH PERCEPTIONS INTO MODELS THROUGH ANALYSIS IN AN
 AUTOMATED MANNER, AND USE  MODEL  INFERENCE  TO  FORMULATE  OPTIONS  FOR
 INFORMATION OR ACTION.
   3.  "ARTIFICIAL  INTELLIGENCE  MODEL"  MEANS  AN INFORMATION SYSTEM OR
 COMPONENT OF AN INFORMATION SYSTEM THAT IMPLEMENTS  ARTIFICIAL  INTELLI-
 GENCE  TECHNOLOGY AND USES COMPUTATIONAL, STATISTICAL, OR MACHINE-LEARN-
 ING TECHNIQUES TO PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
   4. "COMPUTE COST" MEANS THE COST INCURRED TO PAY FOR COMPUTE  USED  IN
 TRAINING  A  MODEL  WHEN  CALCULATED  USING THE AVERAGE MARKET PRICES OF
 CLOUD COMPUTE IN THE UNITED STATES AT THE START OF TRAINING  SUCH  MODEL
 AS REASONABLY ASSESSED BY THE PERSON DOING THE TRAINING.
   5.  "DEPLOY" MEANS TO USE A FRONTIER MODEL OR TO MAKE A FRONTIER MODEL
 FORESEEABLY AVAILABLE TO ONE OR MORE THIRD PARTIES  FOR  USE,  MODIFICA-
 TION,  COPYING,  OR A COMBINATION THEREOF WITH OTHER SOFTWARE, EXCEPT AS
 REASONABLY NECESSARY FOR TRAINING  OR  DEVELOPING  THE  FRONTIER  MODEL,
 EVALUATING  THE  FRONTIER  MODEL  OR OTHER FRONTIER MODELS, OR COMPLYING
 WITH FEDERAL OR STATE LAWS.
   6. "FRONTIER MODEL" MEANS EITHER OF THE FOLLOWING:
   (A) AN ARTIFICIAL INTELLIGENCE MODEL TRAINED USING GREATER THAN  10º26
 COMPUTATIONAL  OPERATIONS  (E.G., INTEGER OR FLOATING-POINT OPERATIONS),
 THE COMPUTE COST OF WHICH EXCEEDS ONE HUNDRED MILLION DOLLARS.
   (B) AN ARTIFICIAL INTELLIGENCE MODEL PRODUCED  BY  APPLYING  KNOWLEDGE
 DISTILLATION  TO  A  FRONTIER  MODEL AS DEFINED IN PARAGRAPH (A) OF THIS
 SUBDIVISION.
   7. "CRITICAL HARM" MEANS THE DEATH OR SERIOUS INJURY OF ONE HUNDRED OR
 MORE PEOPLE OR AT LEAST ONE BILLION DOLLARS  OF  DAMAGES  TO  RIGHTS  IN
 MONEY  OR  PROPERTY  CAUSED OR MATERIALLY ENABLED BY A LARGE DEVELOPER'S
 CREATION, USE, STORAGE, OR RELEASE OF A FRONTIER MODEL,  THROUGH  EITHER
 OF THE FOLLOWING:
   (A)  THE  CREATION  OR USE OF A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR
 NUCLEAR WEAPON; OR
   (B) AN ARTIFICIAL INTELLIGENCE MODEL ENGAGING  IN  CONDUCT  THAT  DOES
 BOTH OF THE FOLLOWING:
   (I) ACTS WITH LIMITED HUMAN INTERVENTION; AND
   (II)  WOULD,  IF COMMITTED BY A HUMAN, CONSTITUTE A CRIME SPECIFIED IN
 THE PENAL LAW THAT REQUIRES INTENT, RECKLESSNESS, OR  GROSS  NEGLIGENCE,
 OR THE SOLICITATION OR AIDING AND ABETTING OF SUCH A CRIME.
   A  HARM INFLICTED BY AN INTERVENING HUMAN ACTOR SHALL NOT BE DEEMED TO
 RESULT FROM A DEVELOPER'S ACTIVITIES  UNLESS  SUCH  ACTIVITIES  MADE  IT
 SUBSTANTIALLY EASIER OR MORE LIKELY FOR THE ACTOR TO INFLICT SUCH HARM.
   8.  "KNOWLEDGE  DISTILLATION"  MEANS ANY SUPERVISED LEARNING TECHNIQUE
 THAT USES A LARGER ARTIFICIAL INTELLIGENCE MODEL  OR  THE  OUTPUT  OF  A
 LARGER  ARTIFICIAL  INTELLIGENCE  MODEL  TO  TRAIN  A SMALLER ARTIFICIAL
 INTELLIGENCE MODEL WITH SIMILAR OR EQUIVALENT CAPABILITIES AS THE LARGER
 ARTIFICIAL INTELLIGENCE MODEL.
   9. "LARGE DEVELOPER" MEANS A PERSON THAT  HAS  TRAINED  AT  LEAST  ONE
 FRONTIER  MODEL, THE COMPUTE COST OF WHICH EXCEEDS FIVE MILLION DOLLARS,
 AND HAS SPENT OVER ONE HUNDRED  MILLION  DOLLARS  IN  COMPUTE  COSTS  IN
 AGGREGATE  IN TRAINING FRONTIER MODELS.  ACCREDITED COLLEGES AND UNIVER-
 SITIES SHALL NOT BE CONSIDERED LARGE DEVELOPERS UNDER  THIS  ARTICLE  TO
 THE  EXTENT THAT SUCH COLLEGES AND UNIVERSITIES ARE ENGAGING IN ACADEMIC
 RESEARCH.  IF A PERSON SUBSEQUENTLY TRANSFERS FULL INTELLECTUAL PROPERTY
 RIGHTS OF THE FRONTIER MODEL TO ANOTHER PERSON (INCLUDING THE  RIGHT  TO
 RESELL  THE  MODEL)  AND RETAINS NONE OF THOSE RIGHTS FOR THEMSELF, THEN
 THE RECEIVING PERSON SHALL BE CONSIDERED THE LARGE DEVELOPER  AND  SHALL
 A. 6453                             3
 
 BE  SUBJECT  TO  THE  RESPONSIBILITIES  AND REQUIREMENTS OF THIS ARTICLE
 AFTER SUCH TRANSFER.
   10. "MODEL WEIGHT" MEANS A NUMERICAL PARAMETER IN AN ARTIFICIAL INTEL-
 LIGENCE MODEL THAT IS ADJUSTED THROUGH TRAINING AND THAT HELPS DETERMINE
 HOW INPUTS ARE TRANSFORMED INTO OUTPUTS.
   11.  "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.
   12. "SAFETY AND SECURITY  PROTOCOL"  MEANS  DOCUMENTED  TECHNICAL  AND
 ORGANIZATIONAL PROTOCOLS THAT:
   (A) SPECIFY REASONABLE PROTECTIONS AND PROCEDURES THAT, IF SUCCESSFUL-
 LY IMPLEMENTED WOULD APPROPRIATELY REDUCE THE RISK OF CRITICAL HARM;
   (B)   DESCRIBE  REASONABLE  ADMINISTRATIVE,  TECHNICAL,  AND  PHYSICAL
 CYBERSECURITY PROTECTIONS FOR FRONTIER MODELS WITHIN THE LARGE  DEVELOP-
 ER'S CONTROL THAT, IF SUCCESSFULLY IMPLEMENTED, APPROPRIATELY REDUCE THE
 RISK OF UNAUTHORIZED ACCESS TO, OR MISUSE OF, THE FRONTIER MODEL LEADING
 TO CRITICAL HARM, INCLUDING BY SOPHISTICATED ACTORS;
   (C)  DESCRIBE IN DETAIL THE TESTING PROCEDURE TO EVALUATE IF THE FRON-
 TIER MODEL POSES AN UNREASONABLE RISK OF CRITICAL HARM;
   (D) DESCRIBE IN DETAIL HOW THE TESTING PROCEDURE ASSESSES WHETHER  THE
 FRONTIER  MODEL COULD BE MISUSED, MODIFIED, COMBINED WITH OTHER SOFTWARE
 OR BE USED TO CREATE ANOTHER FOUNDATION MODEL IN  A  MANNER  THAT  WOULD
 PRODUCE CRITICAL RISK;
   (E)  STATE COMPLIANCE REQUIREMENTS WITH SUFFICIENT DETAIL AND  SPECIF-
 ICITY TO ALLOW THE LARGE DEVELOPER OR A THIRD PARTY TO READILY ASCERTAIN
 WHETHER THE REQUIREMENTS OF THE SAFETY AND SECURITY PROTOCOL  HAVE  BEEN
 FOLLOWED;
   (F)  DESCRIBE  HOW  THE LARGE DEVELOPER WILL FULFILL THEIR OBLIGATIONS
 UNDER THIS ARTICLE, INCLUDING WITH RESPECT TO  ANY  REQUIREMENTS,  SAFE-
 GUARDS, OR MODIFICATIONS; AND
   (G)  DESIGNATE SENIOR PERSONNEL TO BE RESPONSIBLE FOR ENSURING COMPLI-
 ANCE.
   13. "SAFETY INCIDENT" MEANS AN INCIDENT OF THE  FOLLOWING  KINDS  THAT
 OCCURS  IN  SUCH  A  WAY  THAT  IT  PROVIDES DEMONSTRABLE EVIDENCE OF AN
 INCREASED RISK OF CRITICAL HARM:
   (A) A FRONTIER MODEL AUTONOMOUSLY ENGAGING IN BEHAVIOR OTHER  THAN  AT
 THE REQUEST OF A USER;
   (B) THEFT, MISAPPROPRIATION, MALICIOUS USE, INADVERTENT RELEASE, UNAU-
 THORIZED ACCESS, OR ESCAPE OF THE MODEL WEIGHTS OF A FRONTIER MODEL;
   (C)  THE CRITICAL FAILURE OF ANY TECHNICAL OR ADMINISTRATIVE CONTROLS,
 INCLUDING CONTROLS LIMITING THE ABILITY TO MODIFY A FRONTIER MODEL; OR
   (D) UNAUTHORIZED USE OF A FRONTIER MODEL.
   14. "TRADE SECRET" MEANS ANY FORM AND  TYPE  OF  FINANCIAL,  BUSINESS,
 SCIENTIFIC, TECHNICAL, ECONOMIC, OR ENGINEERING INFORMATION, INCLUDING A
 PATTERN,  PLAN, COMPILATION, PROGRAM DEVICE, FORMULA, DESIGN, PROTOTYPE,
 METHOD, TECHNIQUE, PROCESS, PROCEDURE, PROGRAM, OR CODE, WHETHER  TANGI-
 BLE  OR INTANGIBLE, AND WHETHER OR HOW STORED, COMPILED, OR MEMORIALIZED
 PHYSICALLY, ELECTRONICALLY, GRAPHICALLY, PHOTOGRAPHICALLY OR IN WRITING,
 THAT:
   (A) DERIVES INDEPENDENT ECONOMIC VALUE, ACTUAL OR POTENTIAL, FROM  NOT
 BEING  GENERALLY KNOWN TO, AND NOT BEING READILY ASCERTAINABLE BY PROPER
 MEANS BY, OTHER PERSONS WHO CAN OBTAIN ECONOMIC VALUE FROM  ITS  DISCLO-
 SURE OR USE; AND
   (B)  IS  THE  SUBJECT OF EFFORTS THAT ARE REASONABLE UNDER THE CIRCUM-
 STANCES TO MAINTAIN ITS SECRECY.
 A. 6453                             4
 
   § 1421. TRANSPARENCY REQUIREMENTS REGARDING  FRONTIER  MODEL  TRAINING
 AND  USE.  1.  BEFORE DEPLOYING A FRONTIER MODEL, THE LARGE DEVELOPER OF
 SUCH FRONTIER MODEL SHALL DO ALL OF THE FOLLOWING:
   (A) IMPLEMENT A WRITTEN SAFETY AND SECURITY PROTOCOL;
   (B)  RETAIN  AN  UNREDACTED  COPY OF THE SAFETY AND SECURITY PROTOCOL,
 INCLUDING RECORDS AND DATES OF ANY UPDATES OR REVISIONS. SUCH UNREDACTED
 COPY OF THE SAFETY AND SECURITY PROTOCOL, INCLUDING RECORDS AND DATES OF
 ANY UPDATES OR REVISIONS, SHALL BE RETAINED FOR AS LONG AS THE  FRONTIER
 MODEL IS DEPLOYED PLUS FIVE YEARS;
   (C) (I) CONSPICUOUSLY PUBLISH A COPY OF THE SAFETY AND SECURITY PROTO-
 COL  WITH  APPROPRIATE  REDACTIONS  AND TRANSMIT A COPY OF SUCH REDACTED
 SAFETY AND SECURITY PROTOCOL TO THE ATTORNEY GENERAL;
   (II) GRANT THE ATTORNEY GENERAL ACCESS TO THE  UNREDACTED  SAFETY  AND
 SECURITY PROTOCOL UPON REQUEST;
   (D) RECORD, AS AND WHEN REASONABLY POSSIBLE, AND RETAIN FOR AS LONG AS
 THE  FRONTIER  MODEL  IS  DEPLOYED  PLUS  FIVE  YEARS INFORMATION ON THE
 SPECIFIC TESTS AND TEST RESULTS USED IN ANY ASSESSMENT OF  THE  FRONTIER
 MODEL THAT PROVIDES SUFFICIENT DETAIL FOR THIRD PARTIES TO REPLICATE THE
 TESTING PROCEDURE; AND
   (E)  IMPLEMENT  APPROPRIATE SAFEGUARDS TO PREVENT UNREASONABLE RISK OF
 CRITICAL HARM.
   2. A LARGE DEVELOPER SHALL NOT DEPLOY A FRONTIER  MODEL  IF  DOING  SO
 WOULD CREATE AN UNREASONABLE RISK OF CRITICAL HARM.
   3.  A LARGE DEVELOPER SHALL CONDUCT AN ANNUAL REVIEW OF ANY SAFETY AND
 SECURITY  PROTOCOL REQUIRED BY THIS SECTION TO ACCOUNT FOR  ANY  CHANGES
 TO THE CAPABILITIES OF THEIR FRONTIER MODELS AND INDUSTRY BEST PRACTICES
 AND, IF NECESSARY, MAKE MODIFICATIONS TO SUCH SAFETY AND SECURITY PROTO-
 COL.    IF ANY MODIFICATIONS ARE MADE, THE LARGE DEVELOPER SHALL PUBLISH
 THE SAFETY AND SECURITY PROTOCOL IN THE SAME MANNER AS REQUIRED PURSUANT
 TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION.
   4. (A) BEGINNING ON THE EFFECTIVE DATE OF THIS ARTICLE, OR NINETY DAYS
 AFTER A DEVELOPER FIRST QUALIFIES AS A  LARGE  DEVELOPER,  WHICHEVER  IS
 LATER,  A LARGE DEVELOPER SHALL ANNUALLY RETAIN A THIRD PARTY TO PERFORM
 AN INDEPENDENT  AUDIT  OF  COMPLIANCE  WITH  THE  REQUIREMENTS  OF  THIS
 SECTION.  SUCH  THIRD  PARTY  SHALL  CONDUCT AUDITS CONSISTENT WITH BEST
 PRACTICES.
   (B) THE THIRD PARTY SHALL BE GRANTED ACCESS TO UNREDACTED MATERIALS AS
 NECESSARY TO COMPLY WITH THE THIRD PARTY'S OBLIGATIONS UNDER THIS SUBDI-
 VISION.
   (C) THE THIRD PARTY SHALL  PRODUCE  A  REPORT  INCLUDING  ALL  OF  THE
 FOLLOWING:
   (I)  A  DETAILED  ASSESSMENT  OF THE LARGE DEVELOPER'S STEPS TO COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION;
   (II) IF APPLICABLE, ANY IDENTIFIED INSTANCES OF NONCOMPLIANCE WITH THE
 REQUIREMENTS OF THIS SECTION, AND ANY RECOMMENDATIONS FOR HOW THE DEVEL-
 OPER CAN IMPROVE ITS POLICIES AND PROCESSES FOR ENSURING COMPLIANCE WITH
 THE REQUIREMENTS OF THIS SECTION;
   (III)  A  DETAILED  ASSESSMENT  OF  THE  LARGE  DEVELOPER'S   INTERNAL
 CONTROLS,  INCLUDING ITS DESIGNATION AND EMPOWERMENT OF SENIOR PERSONNEL
 RESPONSIBLE FOR ENSURING COMPLIANCE BY THE LARGE DEVELOPER, ITS  EMPLOY-
 EES, AND ITS CONTRACTORS; AND
   (IV)  THE  SIGNATURE OF THE LEAD AUDITOR CERTIFYING THE RESULTS OF THE
 AUDIT.
   (D) THE LARGE DEVELOPER SHALL RETAIN AN UNREDACTED COPY OF THE  REPORT
 FOR AS LONG AS THE FRONTIER MODEL IS DEPLOYED PLUS FIVE YEARS.
 A. 6453                             5
 
   (E)  (I) THE LARGE DEVELOPER SHALL CONSPICUOUSLY PUBLISH A COPY OF THE
 THIRD PARTY'S REPORT WITH APPROPRIATE REDACTIONS AND TRANSMIT A COPY  OF
 SUCH REDACTED REPORT TO THE ATTORNEY GENERAL.
   (II)  THE  LARGE  DEVELOPER SHALL GRANT THE ATTORNEY GENERAL ACCESS TO
 THE UNREDACTED THIRD PARTY'S REPORT UPON REQUEST.
   5.  A LARGE DEVELOPER OF A FRONTIER MODEL SHALL SUBMIT TO THE ATTORNEY
 GENERAL THE UPDATED TOTAL COMPUTE COST  USED  TO  TRAIN  THEIR  FRONTIER
 MODELS SIMULTANEOUSLY WITH THEIR ANNUAL THIRD PARTY'S AUDIT REPORT.
   6. A LARGE DEVELOPER SHALL DISCLOSE EACH SAFETY INCIDENT AFFECTING THE
 FRONTIER  MODEL  TO THE ATTORNEY GENERAL WITHIN SEVENTY-TWO HOURS OF THE
 LARGE DEVELOPER LEARNING OF THE SAFETY INCIDENT  OR  WITHIN  SEVENTY-TWO
 HOURS  OF  THE  LARGE DEVELOPER LEARNING FACTS SUFFICIENT TO ESTABLISH A
 REASONABLE BELIEF THAT A SAFETY INCIDENT HAS OCCURRED.  SUCH  DISCLOSURE
 SHALL  INCLUDE: (A) THE DATE OF THE SAFETY INCIDENT; (B) THE REASONS THE
 INCIDENT QUALIFIES AS A SAFETY INCIDENT AS DEFINED IN SUBDIVISION  THIR-
 TEEN OF SECTION FOURTEEN HUNDRED TWENTY OF THIS ARTICLE; AND (C) A SHORT
 AND PLAIN STATEMENT DESCRIBING THE SAFETY INCIDENT.
   7.  (A)  THIS  SECTION  SHALL NOT APPLY TO PRODUCTS OR SERVICES TO THE
 EXTENT THAT THE REQUIREMENTS WOULD STRICTLY CONFLICT WITH THE TERMS OF A
 CONTRACT WITH A FEDERAL GOVERNMENT ENTITY AND A LARGE DEVELOPER.
   (B) THIS SECTION APPLIES TO THE DEVELOPMENT OR DEPLOYMENT OF  A  FRON-
 TIER  MODEL  FOR  ANY  USE  THAT IS NOT THE SUBJECT OF A CONTRACT WITH A
 FEDERAL GOVERNMENT ENTITY, EVEN IF SUCH FRONTIER MODEL HAS ALREADY  BEEN
 DEVELOPED, TRAINED, OR USED BY A FEDERAL GOVERNMENT ENTITY.
   8.  A  LARGE  DEVELOPER  SHALL  NOT KNOWINGLY MAKE FALSE OR MATERIALLY
 MISLEADING STATEMENTS OR OMISSIONS IN OR  REGARDING  DOCUMENTS  PRODUCED
 PURSUANT TO THIS SECTION.
   9.  ANY PERSON WHO IS NOT A LARGE DEVELOPER, BUT WHO SETS OUT TO TRAIN
 A FRONTIER MODEL THAT IF COMPLETED AS PLANNED WOULD QUALIFY SUCH  PERSON
 AS  A LARGE DEVELOPER (I.E. AT THE END OF THE TRAINING, SUCH PERSON WILL
 HAVE SPENT FIVE MILLION DOLLARS IN COMPUTE COSTS ON ONE  FRONTIER  MODEL
 AND  ONE HUNDRED MILLION DOLLARS IN COMPUTE COSTS IN AGGREGATE IN TRAIN-
 ING FRONTIER MODELS, EXCLUDING ACCREDITED COLLEGES AND  UNIVERSITIES  TO
 THE  EXTENT  SUCH  COLLEGES  AND  UNIVERSITIES  ARE ENGAGING IN ACADEMIC
 RESEARCH) SHALL, BEFORE TRAINING SUCH MODEL:
   (A) IMPLEMENT A WRITTEN SAFETY AND SECURITY  PROTOCOL,  EXCLUDING  THE
 REQUIREMENTS  DESCRIBED  IN PARAGRAPHS (C) AND (D) OF SUBDIVISION TWELVE
 OF SECTION FOURTEEN HUNDRED TWENTY OF THIS ARTICLE; AND
   (B) CONSPICUOUSLY PUBLISH A COPY OF THE SAFETY AND SECURITY  PROTOCOL,
 WITH APPROPRIATE REDACTIONS, AND TRANSMIT A COPY OF SUCH REDACTED SAFETY
 AND SECURITY PROTOCOL TO THE ATTORNEY GENERAL.
   §  1422.  PROTECTIONS, RIGHTS AND OBLIGATIONS OF EMPLOYEES. 1. A LARGE
 DEVELOPER OR A CONTRACTOR OR SUBCONTRACTOR OF A  LARGE  DEVELOPER  SHALL
 NOT  PREVENT AN EMPLOYEE FROM DISCLOSING, OR THREATENING TO DISCLOSE, OR
 RETALIATE AGAINST AN EMPLOYEE FOR DISCLOSING OR THREATENING TO DISCLOSE,
 INFORMATION TO THE LARGE DEVELOPER  OR  THE  ATTORNEY  GENERAL,  IF  THE
 EMPLOYEE  HAS  REASONABLE  CAUSE  TO  BELIEVE THAT THE LARGE DEVELOPER'S
 ACTIVITIES POSE AN UNREASONABLE OR SUBSTANTIAL RISK  OF  CRITICAL  HARM,
 REGARDLESS OF THE EMPLOYER'S COMPLIANCE WITH APPLICABLE LAW.
   2.  AN  EMPLOYEE  HARMED BY A VIOLATION OF THIS SECTION MAY PETITION A
 COURT FOR APPROPRIATE TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF.
   3. A LARGE DEVELOPER SHALL  INFORM  EMPLOYEES  OF  THEIR  PROTECTIONS,
 RIGHTS  AND  OBLIGATIONS UNDER THIS ARTICLE BY POSTING A NOTICE THEREOF.
 SUCH NOTICE SHALL BE POSTED CONSPICUOUSLY IN EASILY ACCESSIBLE AND WELL-
 LIGHTED PLACES CUSTOMARILY FREQUENTED BY EMPLOYEES.
 A. 6453                             6
 
   4. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR  REMEDIES  OF  ANY EMPLOYEE UNDER ANY OTHER LAW OR REGU-
 LATION OR  UNDER  ANY  COLLECTIVE  BARGAINING  AGREEMENT  OR  EMPLOYMENT
 CONTRACT.
   5. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "EMPLOYEE" HAS THE SAME MEANING AS DEFINED IN SUBDIVISION FIVE OF
 SECTION TWO OF THE LABOR LAW AND INCLUDES BOTH OF THE FOLLOWING:
   (I) CONTRACTORS OR SUBCONTRACTORS AND UNPAID  ADVISORS  INVOLVED  WITH
 ASSESSING,  MANAGING, OR ADDRESSING THE RISK OF CRITICAL HARM FROM FRON-
 TIER MODELS; AND
   (II) CORPORATE OFFICERS.
   (B) "CONTRACTOR OR SUBCONTRACTOR" MEANS ANY PERSON,  SOLE  PROPRIETOR,
 PARTNERSHIP,  FIRM,  CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION
 OR OTHER LEGAL ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO  UNDER-
 TAKE, OR HOLDS ONESELF OUT AS BEING ABLE TO UNDERTAKE, OR DOES UNDERTAKE
 WORK  ASSESSING,  MANAGING, OR ADDRESSING THE RISK OF CRITICAL HARM FROM
 FRONTIER MODELS ON BEHALF OF THE LARGE DEVELOPER.
   § 1423. VIOLATIONS. 1. THE ATTORNEY GENERAL MAY BRING A  CIVIL  ACTION
 FOR A VIOLATION OF THIS ARTICLE AND TO RECOVER ALL OF THE FOLLOWING:
   (A)  FOR  A VIOLATION   OF SECTION FOURTEEN HUNDRED TWENTY-ONE OF THIS
 ARTICLE, A CIVIL PENALTY IN AN AMOUNT NOT EXCEEDING FIVE PERCENT OF  THE
 TOTAL  COMPUTE  COST USED TO TRAIN THE LARGE DEVELOPER'S FRONTIER MODELS
 AS REPORTED BY THE LARGE DEVELOPER PURSUANT TO THIS ARTICLE FOR A  FIRST
 VIOLATION  AND  IN AN AMOUNT NOT EXCEEDING FIFTEEN PERCENT OF THAT VALUE
 FOR ANY SUBSEQUENT VIOLATION.
   (B) FOR A VIOLATION OF SECTION FOURTEEN  HUNDRED  TWENTY-TWO  OF  THIS
 ARTICLE, A CIVIL PENALTY IN AN AMOUNT NOT EXCEEDING TEN THOUSAND DOLLARS
 PER  EMPLOYEE  FOR  EACH  VIOLATION OF SUCH SECTION TO BE AWARDED TO THE
 EMPLOYEE WHO WAS RETALIATED AGAINST.
   (C) FOR A VIOLATION OF SECTION FOURTEEN HUNDRED TWENTY-ONE OR FOURTEEN
 HUNDRED TWENTY-TWO OF THIS ARTICLE, INJUNCTIVE OR DECLARATORY RELIEF.
   2. (A) A PROVISION WITHIN A CONTRACT OR AGREEMENT THAT SEEKS TO WAIVE,
 PRECLUDE, OR BURDEN THE  ENFORCEMENT  OF  A  LIABILITY  ARISING  FROM  A
 VIOLATION  OF  THIS ARTICLE, OR TO SHIFT THAT LIABILITY TO ANY PERSON OR
 ENTITY IN EXCHANGE FOR THEIR USE OR  ACCESS  OF,  OR  RIGHT  TO  USE  OR
 ACCESS,  A LARGE DEVELOPER'S PRODUCTS OR SERVICES, INCLUDING BY MEANS OF
 A CONTRACT OF ADHESION, IS VOID AS A MATTER OF PUBLIC POLICY.
   (B) A COURT SHALL DISREGARD CORPORATE FORMALITIES AND IMPOSE JOINT AND
 SEVERAL LIABILITY ON AFFILIATED ENTITIES FOR  PURPOSES  OF  EFFECTUATING
 THE  INTENT  OF THIS SECTION TO THE MAXIMUM EXTENT ALLOWED BY LAW IF THE
 COURT CONCLUDES THAT BOTH OF THE FOLLOWING ARE TRUE:
   (I) THE AFFILIATED ENTITIES,  IN  THE  DEVELOPMENT  OF  THE  CORPORATE
 STRUCTURE  AMONG  THE  AFFILIATED  ENTITIES, TOOK STEPS TO PURPOSELY AND
 UNREASONABLY LIMIT OR AVOID LIABILITY; AND
   (II) AS THE RESULT OF THE STEPS DESCRIBED IN SUBPARAGRAPH (I) OF  THIS
 PARAGRAPH,  THE CORPORATE STRUCTURE OF THE LARGE DEVELOPER OR AFFILIATED
 ENTITIES WOULD FRUSTRATE RECOVERY OF PENALTIES, DAMAGES,  OR  INJUNCTIVE
 RELIEF UNDER THIS SECTION.
   3. THIS SECTION DOES NOT LIMIT THE APPLICATION OF OTHER LAWS.
   §  1424. DUTIES AND OBLIGATIONS. 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
 DUTIES OR OBLIGATIONS IMPOSED UNDER OTHER  LAW  AND  DO  NOT  LIMIT  ANY
 RIGHTS OR REMEDIES UNDER EXISTING LAW.
 A. 6453                             7
 
   § 1425. PREEMPTION. THIS ARTICLE SHALL NOT APPLY TO THE EXTENT THAT IT
 IS PREEMPTED BY FEDERAL LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6453--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by  M.  of A. BORES, LASHER, SEAWRIGHT, PAULIN, TAPIA, RAGA,
   SHIMSKY, REYES, EPSTEIN, BURKE, HEVESI, P. CARROLL, ZACCARO,  HYNDMAN,
   LUPARDO,  KASSAY, LEE, DAVILA, SCHIAVONI, LUNSFORD, K. BROWN, TANNOUS-
   IS, TORRES, HOOKS, GIBBS, ROMERO, COLTON, CONRAD, MEEKS, GLICK,  CRUZ,
   CUNNINGHAM,  FORREST,  CHANDLER-WATERMAN, STIRPE, WRIGHT, SIMON, DAIS,
   JENSEN, ROZIC, GONZALEZ-ROJAS -- read once and referred to the Commit-
   tee on Science and Technology -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   reported  and  referred  to  the  Committee  on  Codes  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the general business law, in relation to the training
   and use of artificial intelligence frontier models
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Responsible AI safety and education act" or "RAISE act".
   § 2. The general business law is amended by adding a new article  44-B
 to read as follows:
                                ARTICLE 44-B
              RESPONSIBLE AI SAFETY AND EDUCATION (RAISE) ACT
 SECTION 1420. DEFINITIONS.
         1421. TRANSPARENCY  REQUIREMENTS REGARDING FRONTIER MODEL TRAIN-
                 ING AND USE.
         1422. VIOLATIONS.
         1423. DUTIES AND OBLIGATIONS.
         1424. SCOPE.
         1425. SEVERABILITY.
   § 1420. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00047-14-5
 A. 6453--B                          2
              

 
   1.  "APPROPRIATE REDACTIONS" MEANS REDACTIONS TO A SAFETY AND SECURITY
 PROTOCOL THAT A DEVELOPER MAY MAKE WHEN NECESSARY TO:
   (A)  PROTECT  PUBLIC SAFETY TO THE EXTENT THE DEVELOPER CAN REASONABLY
 PREDICT SUCH RISKS;
   (B) PROTECT TRADE SECRETS;
   (C) PREVENT THE RELEASE OF CONFIDENTIAL  INFORMATION  AS  REQUIRED  BY
 STATE OR FEDERAL LAW;
   (D) PROTECT EMPLOYEE OR CUSTOMER PRIVACY; OR
   (E)  PREVENT  THE RELEASE OF INFORMATION OTHERWISE CONTROLLED BY STATE
 OR FEDERAL LAW.
   2. "ARTIFICIAL INTELLIGENCE" MEANS A MACHINE-BASED  SYSTEM  THAT  CAN,
 FOR A GIVEN SET OF HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS, RECOMMEN-
 DATIONS, OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS, AND THAT
 USES  MACHINE- AND HUMAN-BASED INPUTS TO PERCEIVE REAL AND VIRTUAL ENVI-
 RONMENTS, ABSTRACT SUCH PERCEPTIONS INTO MODELS THROUGH ANALYSIS  IN  AN
 AUTOMATED  MANNER,  AND  USE  MODEL  INFERENCE  TO FORMULATE OPTIONS FOR
 INFORMATION OR ACTION.
   3. "ARTIFICIAL INTELLIGENCE MODEL"  MEANS  AN  INFORMATION  SYSTEM  OR
 COMPONENT  OF  AN INFORMATION SYSTEM THAT IMPLEMENTS ARTIFICIAL INTELLI-
 GENCE TECHNOLOGY AND USES COMPUTATIONAL, STATISTICAL, OR  MACHINE-LEARN-
 ING TECHNIQUES TO PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
   4.  "COMPUTE  COST" MEANS THE COST INCURRED TO PAY FOR COMPUTE USED IN
 THE FINAL TRAINING RUN OF A MODEL  WHEN  CALCULATED  USING  THE  AVERAGE
 PUBLISHED  MARKET  PRICES  OF  CLOUD COMPUTE IN THE UNITED STATES AT THE
 START OF TRAINING SUCH MODEL AS REASONABLY ASSESSED BY THE PERSON  DOING
 THE TRAINING.
   5.  "DEPLOY" MEANS TO USE A FRONTIER MODEL OR TO MAKE A FRONTIER MODEL
 FORESEEABLY AVAILABLE TO ONE OR MORE THIRD PARTIES  FOR  USE,  MODIFICA-
 TION,  COPYING, OR A COMBINATION THEREOF WITH OTHER SOFTWARE, EXCEPT FOR
 TRAINING OR DEVELOPING THE FRONTIER MODEL, EVALUATING THE FRONTIER MODEL
 OR OTHER FRONTIER MODELS, OR COMPLYING WITH FEDERAL OR STATE LAWS.
   6. "FRONTIER MODEL" MEANS EITHER OF THE FOLLOWING:
   (A) AN ARTIFICIAL INTELLIGENCE MODEL TRAINED USING GREATER THAN  10º26
 COMPUTATIONAL  OPERATIONS  (E.G., INTEGER OR FLOATING-POINT OPERATIONS),
 THE COMPUTE COST OF WHICH EXCEEDS ONE HUNDRED MILLION DOLLARS; OR
   (B) AN ARTIFICIAL INTELLIGENCE MODEL PRODUCED  BY  APPLYING  KNOWLEDGE
 DISTILLATION  TO  A  FRONTIER  MODEL AS DEFINED IN PARAGRAPH (A) OF THIS
 SUBDIVISION, PROVIDED THAT THE COMPUTE COST FOR SUCH MODEL  PRODUCED  BY
 APPLYING KNOWLEDGE DISTILLATION EXCEEDS FIVE MILLION DOLLARS.
   7. "CRITICAL HARM" MEANS THE DEATH OR SERIOUS INJURY OF ONE HUNDRED OR
 MORE  PEOPLE  OR  AT  LEAST  ONE BILLION DOLLARS OF DAMAGES TO RIGHTS IN
 MONEY OR PROPERTY CAUSED OR MATERIALLY ENABLED BY  A  LARGE  DEVELOPER'S
 USE,  STORAGE,  OR  RELEASE  OF  A FRONTIER MODEL, THROUGH EITHER OF THE
 FOLLOWING:
   (A) THE CREATION OR USE OF A CHEMICAL,  BIOLOGICAL,  RADIOLOGICAL,  OR
 NUCLEAR WEAPON; OR
   (B)  AN  ARTIFICIAL  INTELLIGENCE  MODEL ENGAGING IN CONDUCT THAT DOES
 BOTH OF THE FOLLOWING:
   (I) ACTS WITH NO MEANINGFUL HUMAN INTERVENTION; AND
   (II) WOULD, IF COMMITTED BY A HUMAN, CONSTITUTE A CRIME  SPECIFIED  IN
 THE  PENAL  LAW THAT REQUIRES INTENT, RECKLESSNESS, OR GROSS NEGLIGENCE,
 OR THE SOLICITATION OR AIDING AND ABETTING OF SUCH A CRIME.
   A HARM INFLICTED BY AN INTERVENING HUMAN ACTOR SHALL NOT BE DEEMED  TO
 RESULT  FROM  A  DEVELOPER'S  ACTIVITIES  UNLESS  SUCH ACTIVITIES WERE A
 SUBSTANTIAL FACTOR IN BRINGING ABOUT THE  HARM,  THE  INTERVENING  HUMAN
 ACTOR'S  CONDUCT WAS REASONABLY FORESEEABLE AS A PROBABLE CONSEQUENCE OF
 A. 6453--B                          3

 THE DEVELOPER'S ACTIVITIES, AND COULD HAVE BEEN REASONABLY PREVENTED  OR
 MITIGATED  THROUGH  ALTERNATIVE  DESIGN, OR SECURITY MEASURES, OR SAFETY
 PROTOCOLS.
   8.  "KNOWLEDGE  DISTILLATION"  MEANS ANY SUPERVISED LEARNING TECHNIQUE
 THAT USES A LARGER ARTIFICIAL INTELLIGENCE MODEL  OR  THE  OUTPUT  OF  A
 LARGER  ARTIFICIAL  INTELLIGENCE  MODEL  TO  TRAIN  A SMALLER ARTIFICIAL
 INTELLIGENCE MODEL WITH SIMILAR OR EQUIVALENT CAPABILITIES AS THE LARGER
 ARTIFICIAL INTELLIGENCE MODEL.
   9. "LARGE DEVELOPER" MEANS A PERSON THAT  HAS  TRAINED  AT  LEAST  ONE
 FRONTIER MODEL AND HAS SPENT OVER ONE HUNDRED MILLION DOLLARS IN COMPUTE
 COSTS IN AGGREGATE IN TRAINING FRONTIER MODELS.  ACCREDITED COLLEGES AND
 UNIVERSITIES SHALL NOT BE CONSIDERED LARGE DEVELOPERS UNDER THIS ARTICLE
 TO  THE  EXTENT  THAT  SUCH  COLLEGES  AND  UNIVERSITIES ARE ENGAGING IN
 ACADEMIC RESEARCH.  IF A PERSON SUBSEQUENTLY TRANSFERS FULL INTELLECTUAL
 PROPERTY RIGHTS OF THE FRONTIER MODEL TO ANOTHER PERSON  (INCLUDING  THE
 RIGHT  TO  RESELL  THE MODEL) AND RETAINS NONE OF THOSE RIGHTS FOR THEM-
 SELF, THEN THE RECEIVING PERSON SHALL BE CONSIDERED THE LARGE  DEVELOPER
 AND  SHALL  BE  SUBJECT TO THE RESPONSIBILITIES AND REQUIREMENTS OF THIS
 ARTICLE AFTER SUCH TRANSFER.
   10. "MODEL WEIGHT" MEANS A NUMERICAL PARAMETER IN AN ARTIFICIAL INTEL-
 LIGENCE MODEL THAT IS ADJUSTED THROUGH TRAINING AND THAT HELPS DETERMINE
 HOW INPUTS ARE TRANSFORMED INTO OUTPUTS.
   11. "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.
   12.  "SAFETY  AND  SECURITY  PROTOCOL"  MEANS DOCUMENTED TECHNICAL AND
 ORGANIZATIONAL PROTOCOLS THAT:
   (A) DESCRIBE REASONABLE PROTECTIONS AND PROCEDURES THAT,  IF  SUCCESS-
 FULLY IMPLEMENTED WOULD APPROPRIATELY REDUCE THE RISK OF CRITICAL HARM;
   (B)   DESCRIBE  REASONABLE  ADMINISTRATIVE,  TECHNICAL,  AND  PHYSICAL
 CYBERSECURITY PROTECTIONS FOR FRONTIER MODELS WITHIN THE LARGE  DEVELOP-
 ER'S CONTROL THAT, IF SUCCESSFULLY IMPLEMENTED, APPROPRIATELY REDUCE THE
 RISK  OF UNAUTHORIZED ACCESS TO, OR MISUSE OF, THE FRONTIER MODELS LEAD-
 ING TO CRITICAL HARM, INCLUDING BY SOPHISTICATED ACTORS;
   (C) DESCRIBE IN DETAIL THE TESTING PROCEDURE TO EVALUATE IF THE  FRON-
 TIER  MODEL  POSES AN UNREASONABLE RISK OF CRITICAL HARM AND WHETHER THE
 FRONTIER MODEL COULD BE MISUSED, BE MODIFIED, BE EXECUTED WITH INCREASED
 COMPUTATIONAL RESOURCES, EVADE THE CONTROL OF  ITS  LARGE  DEVELOPER  OR
 USER, BE COMBINED WITH OTHER SOFTWARE OR BE USED TO CREATE ANOTHER FRON-
 TIER MODEL IN A MANNER THAT WOULD INCREASE THE RISK OF CRITICAL HARM;
   (D)  ENABLE  THE  LARGE  DEVELOPER  OR  THIRD PARTY TO COMPLY WITH THE
 REQUIREMENTS OF THIS ARTICLE; AND
   (E) DESIGNATE SENIOR PERSONNEL TO BE RESPONSIBLE FOR ENSURING  COMPLI-
 ANCE.
   13.  "SAFETY  INCIDENT" MEANS A KNOWN INCIDENCE OF CRITICAL HARM OR AN
 INCIDENT OF THE FOLLOWING KINDS THAT  OCCURS  IN  SUCH  A  WAY  THAT  IT
 PROVIDES DEMONSTRABLE EVIDENCE OF AN INCREASED RISK OF CRITICAL HARM:
   (A)  A  FRONTIER MODEL AUTONOMOUSLY ENGAGING IN BEHAVIOR OTHER THAN AT
 THE REQUEST OF A USER;
   (B) THEFT, MISAPPROPRIATION, MALICIOUS USE, INADVERTENT RELEASE, UNAU-
 THORIZED ACCESS, OR ESCAPE OF THE MODEL WEIGHTS OF A FRONTIER MODEL;
   (C) THE CRITICAL FAILURE OF ANY TECHNICAL OR ADMINISTRATIVE  CONTROLS,
 INCLUDING CONTROLS LIMITING THE ABILITY TO MODIFY A FRONTIER MODEL; OR
   (D) UNAUTHORIZED USE OF A FRONTIER MODEL.
 A. 6453--B                          4

   14.  "TRADE  SECRET"  MEANS  ANY FORM AND TYPE OF FINANCIAL, BUSINESS,
 SCIENTIFIC, TECHNICAL, ECONOMIC, OR ENGINEERING INFORMATION, INCLUDING A
 PATTERN, PLAN, COMPILATION, PROGRAM DEVICE, FORMULA, DESIGN,  PROTOTYPE,
 METHOD,  TECHNIQUE, PROCESS, PROCEDURE, PROGRAM, OR CODE, WHETHER TANGI-
 BLE  OR INTANGIBLE, AND WHETHER OR HOW STORED, COMPILED, OR MEMORIALIZED
 PHYSICALLY, ELECTRONICALLY, GRAPHICALLY, PHOTOGRAPHICALLY OR IN WRITING,
 THAT:
   (A) DERIVES INDEPENDENT ECONOMIC VALUE, ACTUAL OR POTENTIAL, FROM  NOT
 BEING  GENERALLY KNOWN TO, AND NOT BEING READILY ASCERTAINABLE BY PROPER
 MEANS BY, OTHER PERSONS WHO CAN OBTAIN ECONOMIC VALUE FROM  ITS  DISCLO-
 SURE OR USE; AND
   (B)  IS  THE  SUBJECT OF EFFORTS THAT ARE REASONABLE UNDER THE CIRCUM-
 STANCES TO MAINTAIN ITS SECRECY.
   § 1421. TRANSPARENCY REQUIREMENTS REGARDING  FRONTIER  MODEL  TRAINING
 AND  USE.  1.  BEFORE DEPLOYING A FRONTIER MODEL, THE LARGE DEVELOPER OF
 SUCH FRONTIER MODEL SHALL DO ALL OF THE FOLLOWING:
   (A) IMPLEMENT A WRITTEN SAFETY AND SECURITY PROTOCOL;
   (B) RETAIN AN UNREDACTED COPY OF THE  SAFETY  AND  SECURITY  PROTOCOL,
 INCLUDING RECORDS AND DATES OF ANY UPDATES OR REVISIONS. SUCH UNREDACTED
 COPY OF THE SAFETY AND SECURITY PROTOCOL, INCLUDING RECORDS AND DATES OF
 ANY  UPDATES  OR  REVISIONS, SHALL BE RETAINED FOR AS LONG AS A FRONTIER
 MODEL IS DEPLOYED PLUS FIVE YEARS;
   (C) (I) CONSPICUOUSLY PUBLISH A COPY OF THE SAFETY AND SECURITY PROTO-
 COL WITH APPROPRIATE REDACTIONS AND TRANSMIT A  COPY  OF  SUCH  REDACTED
 SAFETY  AND  SECURITY  PROTOCOL  TO THE ATTORNEY GENERAL AND DIVISION OF
 HOMELAND SECURITY AND EMERGENCY SERVICES;
   (II) GRANT THE ATTORNEY GENERAL AND DIVISION OF HOMELAND SECURITY  AND
 EMERGENCY  SERVICES  OR  THE  ATTORNEY  GENERAL ACCESS TO THE SAFETY AND
 SECURITY PROTOCOL, WITH REDACTIONS ONLY TO THE EXTENT REQUIRED BY FEDER-
 AL LAW, UPON REQUEST;
   (D) RECORD, AS AND WHEN REASONABLY POSSIBLE, AND RETAIN FOR AS LONG AS
 THE FRONTIER MODEL IS  DEPLOYED  PLUS  FIVE  YEARS  INFORMATION  ON  THE
 SPECIFIC  TESTS  AND TEST RESULTS USED IN ANY ASSESSMENT OF THE FRONTIER
 MODEL REQUIRED BY THIS SECTION OR THE DEVELOPER'S  SAFETY  AND  SECURITY
 PROTOCOL  THAT PROVIDES SUFFICIENT DETAIL FOR THIRD PARTIES TO REPLICATE
 THE TESTING PROCEDURE; AND
   (E) IMPLEMENT APPROPRIATE SAFEGUARDS TO PREVENT UNREASONABLE  RISK  OF
 CRITICAL HARM.
   2.  A  LARGE  DEVELOPER  SHALL NOT DEPLOY A FRONTIER MODEL IF DOING SO
 WOULD CREATE AN UNREASONABLE RISK OF CRITICAL HARM.
   3. A LARGE DEVELOPER SHALL CONDUCT AN ANNUAL REVIEW OF ANY SAFETY  AND
 SECURITY    PROTOCOL REQUIRED BY THIS SECTION TO ACCOUNT FOR ANY CHANGES
 TO THE CAPABILITIES OF THEIR FRONTIER MODELS AND INDUSTRY BEST PRACTICES
 AND, IF NECESSARY, MAKE MODIFICATIONS TO SUCH SAFETY AND SECURITY PROTO-
 COL.  IF ANY MATERIAL MODIFICATIONS ARE MADE, THE LARGE DEVELOPER  SHALL
 PUBLISH  THE SAFETY AND SECURITY PROTOCOL IN THE SAME MANNER AS REQUIRED
 PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION.
   4. A LARGE DEVELOPER SHALL DISCLOSE EACH SAFETY INCIDENT AFFECTING THE
 FRONTIER MODEL TO THE ATTORNEY GENERAL AND DIVISION OF HOMELAND SECURITY
 AND EMERGENCY SERVICES WITHIN SEVENTY-TWO HOURS OF THE  LARGE  DEVELOPER
 LEARNING OF THE SAFETY INCIDENT OR WITHIN SEVENTY-TWO HOURS OF THE LARGE
 DEVELOPER  LEARNING  FACTS  SUFFICIENT  TO ESTABLISH A REASONABLE BELIEF
 THAT A SAFETY INCIDENT HAS OCCURRED.  SUCH DISCLOSURE SHALL INCLUDE: (A)
 THE DATE OF THE SAFETY INCIDENT; (B) THE REASONS THE INCIDENT  QUALIFIES
 AS A SAFETY INCIDENT AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION FOUR-
 A. 6453--B                          5
 
 TEEN HUNDRED TWENTY OF THIS ARTICLE; AND (C) A SHORT AND PLAIN STATEMENT
 DESCRIBING THE SAFETY INCIDENT.
   5.  A  LARGE  DEVELOPER  SHALL  NOT KNOWINGLY MAKE FALSE OR MATERIALLY
 MISLEADING STATEMENTS OR OMISSIONS IN OR  REGARDING  DOCUMENTS  PRODUCED
 PURSUANT TO THIS SECTION.
   §  1422.  VIOLATIONS. 1. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION
 FOR A VIOLATION OF THIS ARTICLE AND TO RECOVER  ALL  OF  THE  FOLLOWING,
 DETERMINED BASED ON SEVERITY OF THE VIOLATION:
   (A)  FOR  A VIOLATION   OF SECTION FOURTEEN HUNDRED TWENTY-ONE OF THIS
 ARTICLE, A CIVIL PENALTY IN AN AMOUNT NOT EXCEEDING TEN MILLION  DOLLARS
 FOR  A  FIRST  VIOLATION  AND  IN AN AMOUNT NOT EXCEEDING THIRTY MILLION
 DOLLARS FOR ANY SUBSEQUENT VIOLATION.
   (B) FOR A VIOLATION OF SECTION FOURTEEN  HUNDRED  TWENTY-ONE  OF  THIS
 ARTICLE, INJUNCTIVE OR DECLARATORY RELIEF.
   2.  NOTHING  IN THIS ARTICLE SHALL BE CONSTRUED TO ESTABLISH A PRIVATE
 RIGHT OF ACTION ASSOCIATED WITH VIOLATIONS OF THIS ARTICLE.
   3. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT  A  LARGE
 DEVELOPER  FROM  ASSERTING THAT ANOTHER PERSON, ENTITY, OR FACTOR MAY BE
 RESPONSIBLE FOR ANY ALLEGED HARM, INJURY, OR  DAMAGE  RESULTING  FROM  A
 CRITICAL HARM OR A VIOLATION OF THIS ARTICLE.
   4. THIS SECTION DOES NOT LIMIT THE APPLICATION OF OTHER LAWS.
   §  1423. DUTIES AND OBLIGATIONS. 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
 DUTIES OR OBLIGATIONS IMPOSED UNDER OTHER  LAW  AND  DO  NOT  LIMIT  ANY
 RIGHTS OR REMEDIES UNDER EXISTING LAW.
   §  1424.  SCOPE. THIS ARTICLE SHALL ONLY APPLY TO FRONTIER MODELS THAT
 ARE DEVELOPED, DEPLOYED, OR OPERATING IN WHOLE OR IN PART  IN  NEW  YORK
 STATE.
   § 1425. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
 SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
 TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,
 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
 TION  TO  THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION, OR PART
 THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY  IN  WHICH  SUCH  JUDGMENT
 SHALL HAVE BEEN MADE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.