STATE OF NEW YORK
   ________________________________________________________________________

                                    6453--B

                           2025-2026 Regular Sessions

               IN ASSEMBLY

                                 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:
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  10�26
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
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.
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-
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.