California AB 107 (Budget Act 2024), Sec. 2.00, Item 0511-001-0001 (For support of Secretary of Government Operations)

Summary

Establishes monthly Generative AI meetings with legislative staff to discuss Executive Order N-12-23 implementation.

Requires updates on deliverable completion, proof of concept implementation, and funding source identification.

Supports budget requests for generative AI technology solutions if additional resources are needed.

Defines "artificial intelligence" and "generative artificial intelligence" within the provisions.

Treats data collected in GenAI pilot projects as personal information per Civil Code Section 1798.3.

Prohibits GenAI pilot projects from including sensitive personal information, data on minors, educational records, or medical information.

Mandates compliance with California's GenAI Guidelines for departments in GenAI pilot projects.

Permits the use of de-identified data for research to justify resource requests if expanding pilot program scope.

Allocates funds for Government Operations Secretary, Cradle to Career, and reimbursements to the Secretary's Office.

0511-001-0001—For support of Secretary of Government Operations ........................ 18,756,000 Schedule: (1) 0250-Office of the Secretary of Government Operations ........................ 7,161,000 (2) 0257-Cradle to Career ........................ 15,401,000 (3) Reimbursements to 0250-Office of the Secretary of Government Operations ........................ −3,806,000 Provisions:

Establishes monthly meetings to discuss AI implementation, updates, compliance, and funding with legislative staff.

1. The Government Operations Agency shall establish monthly Generative Artificial Intelligence meetings with designated legislative staff of the Assembly and Senate to discuss the agency’s ongoing efforts regarding the implementation of Executive Order N-12-23. The Speaker of the Assembly and President pro tempore of the Senate shall each designate staff persons to attend these monthly meetings. During the meetings, the agency shall provide updates on the completion of, and compliance with, each deliverable in the executive order. In addition, the agency shall report on the implementation and results of any proof of concepts implemented pursuant to the Executive Order. Proof of concept reporting shall also include the identification of the funding source for the proof of concepts. To the extent additional budgetary resources above the levels appropriated in this budget act are needed to implement or procure a generative artificial intelligence technology solution for a proof a concept, the agency shall support the impacted department’s efforts to submit a request for budgetary resources through the annual budget process.

Defines "artificial intelligence" as systems inferring outputs to influence environments. Defines "Generative AI" as artificial intelligence that can generate synthetic content.

2. For purposes of these provisions, the following definitions apply: (a) “Artificial intelligence” 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. (b) “Generative artificial intelligence” or “GenAI” means artificial intelligence that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence’s training data.

Treats individual data under GenAI projects as personal information per Civil Code Section 1798.3.

3. Any individual data collected, maintained, or used under the GenAI pilot projects shall be treated as personal information, as defined in Section 1798.3 of the Civil Code.

Prohibits operating GenAI pilot projects with departments handling sensitive, minor, educational, or medical information.

4. The Government Operations Agency shall not operate the GenAI pilot projects with departments that will knowingly include sensitive personal information as defined in subdivision (ae) of Section 1798.140 of the Civil Code, personal information on minors, educational records subject to the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g), or medical information subject to the federal Health Insurance Portability and Accountability Act (Public Law 104-191).

Requires participating departments to comply with California GenAI Guidelines for procurement, uses, and training.

5. The Government Operations Agency shall require departments participating in the GenAI pilot projects to comply with the State of California GenAI Guidelines for Public Sector Procurement, Uses and Training.

Allows departments to use de-identified data for research to justify expanding pilot program resources.

6. During the implementation of the GenAI pilot projects, the Government Operations Agency may allow departments to use de-identified data to conduct research to justify requests for resources if the department seeks approval to expand the scope of the pilot program.