Legislation

* § 1420. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Affiliate" means a person controlling, controlled by, or under
common control with a specified person, directly or indirectly, through
one or more intermediaries.

2. "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.

3. (a) "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.

(b) "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.

4. "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.

5. (a) "Deploy" means to make a frontier model available to a third
party for use, modification, copying, or combination with other
software.

(b) "Deploy" does not include making a frontier model available to a
third party for the primary purpose of developing or evaluating the
frontier model.

6. "Foundation model" means an artificial intelligence model that is
all of the following:

(a) trained on a broad data set;

(b) designed for generality of output; and

(c) adaptable to a wide range of distinctive tasks.

7. "Frontier AI framework" means documented technical and
organizational protocols to manage, assess, and mitigate catastrophic
risks.

8. "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.

9. (a) "Frontier model" means a foundation model that was trained
using a quantity of computing power greater than 10^26 integer or
floating-point operations.

(b) 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.

10. "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.

11. "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.

12. "Department" means the department of financial services.

13. "Property" means tangible or intangible property.

14. "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.

15. "Superintendent" means the superintendent of financial services.

16. "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.

* NB Effective January 1, 2027