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Relates to the training and use of artificial intelligence frontier models; defines terms; establishes remedies for violations.

NY · Legislation · 2025 · A06453

LegislationAI
Introduced

Record updated Jun 12, 2025

Summary

Relates to the training and use of artificial intelligence frontier models; defines terms; establishes remedies for violations.

Timeline

2025-06-12

A

reported referred to rules

2025-06-12

A

reported

2025-06-12

A

rules report cal.656

2025-06-12

A

ordered to third reading rules cal.656

2025-06-12

A

substituted by s6953b

2025-06-11

A

reference changed to ways and means

2025-06-09

A

amend and recommit to codes

2025-06-09

A

print number 6453b

Bill Text

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6453

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Responsible AI safety and education act" or "RAISE act".
     3    §  2. The general business law is amended by adding a new article 44-B
     4  to read as follows:
     5                                 ARTICLE 44-B
     6               RESPONSIBLE AI SAFETY AND EDUCATION (RAISE) ACT
     7  Section 1420. Definitions.
     8          1421. Transparency requirements regarding frontier model  train-
     9                  ing and use.
    10          1422. Protections, rights and obligations of employees.
    11          1423. Violations.
    12          1424. Duties and obligations.
    13          1425. Preemption.
    14    §  1420.  Definitions.  As  used  in this article, the following terms
    15  shall have the following meanings:
    16    1. "Appropriate redactions" means redactions to a safety and  security
    17  protocol or audit report that are reasonably necessary to protect any of
    18  the following:
    19    (a) Public safety or United States national security;
    20    (b) Trade secrets; or
    21    (c) Confidential information pursuant to state and federal law.
    22    2.  "Artificial  intelligence"  means a machine-based system that can,
    23  for a given set of human-defined objectives, make predictions, recommen-
    24  dations, or decisions influencing real or virtual environments, and that
    25  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

     1  ronments,  abstract  such perceptions into models through analysis in an
     2  automated manner, and use  model  inference  to  formulate  options  for
     3  information or action.
     4    3.  "Artificial  intelligence  model"  means  an information system or
     5  component of an information system that implements  artificial  intelli-
     6  gence  technology and uses computational, statistical, or machine-learn-
     7  ing techniques to produce outputs from a given set of inputs.
     8    4. "Compute cost" means the cost incurred to pay for compute  used  in
     9  training  a  model  when  calculated  using the average market prices of
    10  cloud compute in the United States at the start of training  such  model
    11  as reasonably assessed by the person doing the training.
    12    5.  "Deploy" means to use a frontier model or to make a frontier model
    13  foreseeably available to one or more third parties  for  use,  modifica-
    14  tion,  copying,  or a combination thereof with other software, except as
    15  reasonably necessary for training  or  developing  the  frontier  model,
    16  evaluating  the  frontier  model  or other frontier models, or complying
    17  with federal or state laws.
    18    6. "Frontier model" means either of the following:
    19    (a) an artificial intelligence model trained using greater than  10�26
    20  computational  operations  (e.g., integer or floating-point operations),
    21  the compute cost of which exceeds one hundred million dollars.
    22    (b) an artificial intelligence model produced  by  applying  knowledge
    23  distillation  to  a  frontier  model as defined in paragraph (a) of this
    24  subdivision.
    25    7. "Critical harm" means the death or serious injury of one hundred or
    26  more people or at least one billion dollars  of  damages  to  rights  in
    27  money  or  property  caused or materially enabled by a large developer's
    28  creation, use, storage, or release of a frontier model,  through  either
    29  of the following:
    30    (a)  The  creation  or use of a chemical, biological, radiological, or
    31  nuclear weapon; or
    32    (b) An artificial intelligence model engaging  in  conduct  that  does
    33  both of the following:
    34    (i) Acts with limited human intervention; and
    35    (ii)  Would,  if committed by a human, constitute a crime specified in
    36  the penal law that requires intent, recklessness, or  gross  negligence,
    37  or the solicitation or aiding and abetting of such a crime.
    38    A  harm inflicted by an intervening human actor shall not be deemed to
    39  result from a developer's activities  unless  such  activities  made  it
    40  substantially easier or more likely for the actor to inflict such harm.
    41    8.  "Knowledge  distillation"  means any supervised learning technique
    42  that uses a larger artificial intelligence model  or  the  output  of  a
    43  larger  artificial  intelligence  model  to  train  a smaller artificial
    44  intelligence model with similar or equivalent capabilities as the larger
    45  artificial intelligence model.
    46    9. "Large developer" means a person that  has  trained  at  least  one
    47  frontier  model, the compute cost of which exceeds five million dollars,
    48  and has spent over one hundred  million  dollars  in  compute  costs  in
    49  aggregate  in training frontier models.  Accredited colleges and univer-
    50  sities shall not be considered large developers under  this  article  to
    51  the  extent that such colleges and universities are engaging in academic
    52  research.  If a person subsequently transfers full intellectual property
    53  rights of the frontier model to another person (including the  right  to
    54  resell  the  model)  and retains none of those rights for themself, then
    55  the receiving person shall be considered the large developer  and  shall

        A. 6453                             3

     1  be  subject  to  the  responsibilities  and requirements of this article
     2  after such transfer.
     3    10. "Model weight" means a numerical parameter in an artificial intel-
     4  ligence model that is adjusted through training and that helps determine
     5  how inputs are transformed into outputs.
     6    11.  "Person"  means an individual, proprietorship, firm, partnership,
     7  joint venture, syndicate, business trust, company, corporation,  limited
     8  liability  company, association, committee, or any other nongovernmental
     9  organization or group of persons acting in concert.
    10    12. "Safety and security  protocol"  means  documented  technical  and
    11  organizational protocols that:
    12    (a) Specify reasonable protections and procedures that, if successful-
    13  ly implemented would appropriately reduce the risk of critical harm;
    14    (b)   Describe  reasonable  administrative,  technical,  and  physical
    15  cybersecurity protections for frontier models within the large  develop-
    16  er's control that, if successfully implemented, appropriately reduce the
    17  risk of unauthorized access to, or misuse of, the frontier model leading
    18  to critical harm, including by sophisticated actors;
    19    (c)  Describe in detail the testing procedure to evaluate if the fron-
    20  tier model poses an unreasonable risk of critical harm;
    21    (d) Describe in detail how the testing procedure assesses whether  the
    22  frontier  model could be misused, modified, combined with other software
    23  or be used to create another foundation model in  a  manner  that  would
    24  produce critical risk;
    25    (e)  State compliance requirements with sufficient detail and  specif-
    26  icity to allow the large developer or a third party to readily ascertain
    27  whether the requirements of the safety and security protocol  have  been
    28  followed;
    29    (f)  Describe  how  the large developer will fulfill their obligations
    30  under this article, including with respect to  any  requirements,  safe-
    31  guards, or modifications; and
    32    (g)  Designate senior personnel to be responsible for ensuring compli-
    33  ance.
    34    13. "Safety incident" means an incident of the  following  kinds  that
    35  occurs  in  such  a  way  that  it  provides demonstrable evidence of an
    36  increased risk of critical harm:
    37    (a) A frontier model autonomously engaging in behavior other  than  at
    38  the request of a user;
    39    (b) Theft, misappropriation, malicious use, inadvertent release, unau-
    40  thorized access, or escape of the model weights of a frontier model;
    41    (c)  The critical failure of any technical or administrative controls,
    42  including controls limiting the ability to modify a frontier model; or
    43    (d) Unauthorized use of a frontier model.
    44    14. "Trade secret" means any form and  type  of  financial,  business,
    45  scientific, technical, economic, or engineering information, including a
    46  pattern,  plan, compilation, program device, formula, design, prototype,
    47  method, technique, process, procedure, program, or code, whether  tangi-
    48  ble  or intangible, and whether or how stored, compiled, or memorialized
    49  physically, electronically, graphically, photographically or in writing,
    50  that:
    51    (a) Derives independent economic value, actual or potential, from  not
    52  being  generally known to, and not being readily ascertainable by proper
    53  means by, other persons who can obtain economic value from  its  disclo-
    54  sure or use; and
    55    (b)  Is  the  subject of efforts that are reasonable under the circum-
    56  stances to maintain its secrecy.

        A. 6453                             4

     1    § 1421. Transparency requirements regarding  frontier  model  training
     2  and  use.  1.  Before deploying a frontier model, the large developer of
     3  such frontier model shall do all of the following:
     4    (a) Implement a written safety and security protocol;
     5    (b)  Retain  an  unredacted  copy of the safety and security protocol,
     6  including records and dates of any updates or revisions. Such unredacted
     7  copy of the safety and security protocol, including records and dates of
     8  any updates or revisions, shall be retained for as long as the  frontier
     9  model is deployed plus five years;
    10    (c) (i) Conspicuously publish a copy of the safety and security proto-
    11  col  with  appropriate  redactions  and transmit a copy of such redacted
    12  safety and security protocol to the attorney general;
    13    (ii) Grant the attorney general access to the  unredacted  safety  and
    14  security protocol upon request;
    15    (d) Record, as and when reasonably possible, and retain for as long as
    16  the  frontier  model  is  deployed  plus  five  years information on the
    17  specific tests and test results used in any assessment of  the  frontier
    18  model that provides sufficient detail for third parties to replicate the
    19  testing procedure; and
    20    (e)  Implement  appropriate safeguards to prevent unreasonable risk of
    21  critical harm.
    22    2. A large developer shall not deploy a frontier  model  if  doing  so
    23  would create an unreasonable risk of critical harm.
    24    3.  A large developer shall conduct an annual review of any safety and
    25  security  protocol required by this section to account for  any  changes
    26  to the capabilities of their frontier models and industry best practices
    27  and, if necessary, make modifications to such safety and security proto-
    28  col.    If any modifications are made, the large developer shall publish
    29  the safety and security protocol in the same manner as required pursuant
    30  to paragraph (c) of subdivision one of this section.
    31    4. (a) Beginning on the effective date of this article, or ninety days
    32  after a developer first qualifies as a  large  developer,  whichever  is
    33  later,  a large developer shall annually retain a third party to perform
    34  an independent  audit  of  compliance  with  the  requirements  of  this
    35  section.  Such  third  party  shall  conduct audits consistent with best
    36  practices.
    37    (b) The third party shall be granted access to unredacted materials as
    38  necessary to comply with the third party's obligations under this subdi-
    39  vision.
    40    (c) The third party shall  produce  a  report  including  all  of  the
    41  following:
    42    (i)  A  detailed  assessment  of the large developer's steps to comply
    43  with the requirements of this section;
    44    (ii) If applicable, any identified instances of noncompliance with the
    45  requirements of this section, and any recommendations for how the devel-
    46  oper can improve its policies and processes for ensuring compliance with
    47  the requirements of this section;
    48    (iii)  A  detailed  assessment  of  the  large  developer's   internal
    49  controls,  including its designation and empowerment of senior personnel
    50  responsible for ensuring compliance by the large developer, its  employ-
    51  ees, and its contractors; and
    52    (iv)  The  signature of the lead auditor certifying the results of the
    53  audit.
    54    (d) The large developer shall retain an unredacted copy of the  report
    55  for as long as the frontier model is deployed plus five years.

        A. 6453                             5

     1    (e)  (i) The large developer shall conspicuously publish a copy of the
     2  third party's report with appropriate redactions and transmit a copy  of
     3  such redacted report to the attorney general.
     4    (ii)  The  large  developer shall grant the attorney general access to
     5  the unredacted third party's report upon request.
     6    5.  A large developer of a frontier model shall submit to the attorney
     7  general the updated total compute cost  used  to  train  their  frontier
     8  models simultaneously with their annual third party's audit report.
     9    6. A large developer shall disclose each safety incident affecting the
    10  frontier  model  to the attorney general within seventy-two hours of the
    11  large developer learning of the safety incident  or  within  seventy-two
    12  hours  of  the  large developer learning facts sufficient to establish a
    13  reasonable belief that a safety incident has occurred.  Such  disclosure
    14  shall  include: (a) the date of the safety incident; (b) the reasons the
    15  incident qualifies as a safety incident as defined in subdivision  thir-
    16  teen of section fourteen hundred twenty of this article; and (c) a short
    17  and plain statement describing the safety incident.
    18    7.  (a)  This  section  shall not apply to products or services to the
    19  extent that the requirements would strictly conflict with the terms of a
    20  contract with a federal government entity and a large developer.
    21    (b) This section applies to the development or deployment of  a  fron-
    22  tier  model  for  any  use  that is not the subject of a contract with a
    23  federal government entity, even if such frontier model has already  been
    24  developed, trained, or used by a federal government entity.
    25    8.  A  large  developer  shall  not knowingly make false or materially
    26  misleading statements or omissions in or  regarding  documents  produced
    27  pursuant to this section.
    28    9.  Any person who is not a large developer, but who sets out to train
    29  a frontier model that if completed as planned would qualify such  person
    30  as  a large developer (i.e. at the end of the training, such person will
    31  have spent five million dollars in compute costs on one  frontier  model
    32  and  one hundred million dollars in compute costs in aggregate in train-
    33  ing frontier models, excluding accredited colleges and  universities  to
    34  the  extent  such  colleges  and  universities  are engaging in academic
    35  research) shall, before training such model:
    36    (a) Implement a written safety and security  protocol,  excluding  the
    37  requirements  described  in paragraphs (c) and (d) of subdivision twelve
    38  of section fourteen hundred twenty of this article; and
    39    (b) Conspicuously publish a copy of the safety and security  protocol,
    40  with appropriate redactions, and transmit a copy of such redacted safety
    41  and security protocol to the attorney general.
    42    §  1422.  Protections, rights and obligations of employees. 1. A large
    43  developer or a contractor or subcontractor of a  large  developer  shall
    44  not  prevent an employee from disclosing, or threatening to disclose, or
    45  retaliate against an employee for disclosing or threatening to disclose,
    46  information to the large developer  or  the  attorney  general,  if  the
    47  employee  has  reasonable  cause  to  believe that the large developer's
    48  activities pose an unreasonable or substantial risk  of  critical  harm,
    49  regardless of the employer's compliance with applicable law.
    50    2.  An  employee  harmed by a violation of this section may petition a
    51  court for appropriate temporary or preliminary injunctive relief.
    52    3. A large developer shall  inform  employees  of  their  protections,
    53  rights  and  obligations under this article by posting a notice thereof.
    54  Such notice shall be posted conspicuously in easily accessible and well-
    55  lighted places customarily frequented by employees.

        A. 6453                             6

     1    4. Nothing in this section shall be deemed  to  diminish  the  rights,
     2  privileges,  or  remedies  of  any employee under any other law or regu-
     3  lation or  under  any  collective  bargaining  agreement  or  employment
     4  contract.
     5    5. As used in this section, the following terms shall have the follow-
     6  ing meanings:
     7    (a)  "Employee" has the same meaning as defined in subdivision five of
     8  section two of the labor law and includes both of the following:
     9    (i) Contractors or subcontractors and unpaid  advisors  involved  with
    10  assessing,  managing, or addressing the risk of critical harm from fron-
    11  tier models; and
    12    (ii) Corporate officers.
    13    (b) "Contractor or subcontractor" means any person,  sole  proprietor,
    14  partnership,  firm,  corporation, limited liability company, association
    15  or other legal entity who by oneself or through others offers to  under-
    16  take, or holds oneself out as being able to undertake, or does undertake
    17  work  assessing,  managing, or addressing the risk of critical harm from
    18  frontier models on behalf of the large developer.
    19    § 1423. Violations. 1. The attorney general may bring a  civil  action
    20  for a violation of this article and to recover all of the following:
    21    (a)  For  a violation   of section fourteen hundred twenty-one of this
    22  article, a civil penalty in an amount not exceeding five percent of  the
    23  total  compute  cost used to train the large developer's frontier models
    24  as reported by the large developer pursuant to this article for a  first
    25  violation  and  in an amount not exceeding fifteen percent of that value
    26  for any subsequent violation.
    27    (b) For a violation of section fourteen  hundred  twenty-two  of  this
    28  article, a civil penalty in an amount not exceeding ten thousand dollars
    29  per  employee  for  each  violation of such section to be awarded to the
    30  employee who was retaliated against.
    31    (c) For a violation of section fourteen hundred twenty-one or fourteen
    32  hundred twenty-two of this article, injunctive or declaratory relief.
    33    2. (a) A provision within a contract or agreement that seeks to waive,
    34  preclude, or burden the  enforcement  of  a  liability  arising  from  a
    35  violation  of  this article, or to shift that liability to any person or
    36  entity in exchange for their use or  access  of,  or  right  to  use  or
    37  access,  a large developer's products or services, including by means of
    38  a contract of adhesion, is void as a matter of public policy.
    39    (b) A court shall disregard corporate formalities and impose joint and
    40  several liability on affiliated entities for  purposes  of  effectuating
    41  the  intent  of this section to the maximum extent allowed by law if the
    42  court concludes that both of the following are true:
    43    (i) The affiliated entities,  in  the  development  of  the  corporate
    44  structure  among  the  affiliated  entities, took steps to purposely and
    45  unreasonably limit or avoid liability; and
    46    (ii) As the result of the steps described in subparagraph (i) of  this
    47  paragraph,  the corporate structure of the large developer or affiliated
    48  entities would frustrate recovery of penalties, damages,  or  injunctive
    49  relief under this section.
    50    3. This section does not limit the application of other laws.
    51    §  1424. Duties and obligations. The duties and obligations imposed by
    52  this article are cumulative with any other duties or obligations imposed
    53  under other law and shall not be construed to relieve any party from any
    54  duties or obligations imposed under other  law  and  do  not  limit  any
    55  rights or remedies under existing law.

        A. 6453                             7

     1    § 1425. Preemption. This article shall not apply to the extent that it
     2  is preempted by federal law.
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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