Cal. BPC § 22757.13 — California Code / Code bpc / Division 8 / Chapter 25.1 / Section 22757.13
Section 22757.13
Status: in_force

(a) The Office of Emergency Services shall establish a mechanism to be used by a frontier developer or a member of the public to report a critical safety incident that includes all of the following:

(1) The date of the critical safety incident.

(2) The reasons the incident qualifies as a critical safety incident.

(3) A short and plain statement describing the critical safety incident.

(4) Whether the incident was associated with internal use of a frontier model.

(b) (1) The Office of Emergency Services shall establish a mechanism to be used by a large frontier developer to confidentially submit summaries of any assessments of the potential for catastrophic risk resulting from internal use of its frontier models.

(2) The Office of Emergency Services shall take all necessary precautions to limit access to any reports related to internal use of frontier models to only personnel with a specific need to know the information and to protect the reports from unauthorized access.

(c) (1) Subject to paragraph (2), a frontier developer shall report any critical safety incident pertaining to one or more of its frontier models to the Office of Emergency Services within 15 days of discovering the critical safety incident.

(2) If a frontier developer discovers that a critical safety incident poses an imminent risk of death or serious physical injury, the frontier developer shall disclose that incident within 24 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.

(3) A frontier developer that discovers information about a critical safety incident after filing the initial report required by this subdivision may file an amended report.

(4) A frontier developer is encouraged, but not required, to report critical safety incidents pertaining to foundation models that are not frontier models.

(d) The Office of Emergency Services shall review critical safety incident reports submitted by frontier developers and may review reports submitted by members of the public.

(e) (1) The Attorney General or the Office of Emergency Services may transmit reports of critical safety incidents and reports from covered employees made pursuant to Chapter 5.1 (commencing with Section 1107) of Part 3 of Division 2 of the Labor Code to the Legislature, the Governor, the federal government, or appropriate state agencies.

(2) The Attorney General or the Office of Emergency Services shall strongly consider any risks related to trade secrets, public safety, cybersecurity of a frontier developer, or national security when transmitting reports.

(f) A report of a critical safety incident submitted to the Office of Emergency Services pursuant to this section, a report of assessments of catastrophic risk from internal use pursuant to Section 22757.12, and a covered employee report made pursuant to Chapter 5.1 (commencing with Section 1107) of Part 3 of Division 2 of the Labor Code are exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(g) (1) Beginning January 1, 2027, and annually thereafter, the Office of Emergency Services shall produce a report with anonymized and aggregated information about critical safety incidents that have been reviewed by the Office of Emergency Services since the preceding report.

(2) The Office of Emergency Services shall not include information in a report pursuant to this subdivision that would compromise the trade secrets or cybersecurity of a frontier developer, public safety, or the national security of the United States or that would be prohibited by any federal or state law.

(3) The Office of Emergency Services shall transmit a report pursuant to this subdivision to the Legislature, pursuant to Section 9795, and to the Governor.

(h) The Office of Emergency Services 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 (i):

(1) (A) The law, regulation, or guidance document imposes or states standards or requirements for critical safety incident reporting that are substantially equivalent to, or stricter than, those required by this section.

(B) The law, regulation, or guidance document described in subparagraph (A) does not need to require critical safety incident reporting to the State of California.

(2) The law, regulation, or guidance document is intended to assess, detect, or mitigate the catastrophic risk.

(i) (1) A frontier developer that intends to comply with 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 (h) shall declare its intent to do so to the Office of Emergency Services.

(2) After a frontier developer has declared its intent pursuant to paragraph (1), both of the following apply:

(A) The frontier developer shall be deemed in compliance with this section to the extent that the frontier developer meets the standards of, or complies with the requirements imposed or stated by, the designated federal law, regulation, or guidance document until the frontier developer declares the revocation of that intent to the Office of Emergency Services or the Office of Emergency Services revokes a relevant regulation pursuant to subdivision (j).

(B) The failure by a frontier developer to meet the standards of, or comply with the requirements stated by, the federal law, regulation, or guidance document designated pursuant to subdivision (h) shall constitute a violation of this chapter.

(j) The Office of Emergency Services shall revoke a regulation adopted under subdivision (h) if the requirements of subdivision (h) are no longer met.