California AI-ware Act

Summary

Establishes the Office of Artificial Intelligence in the California Department of Technology, which will guide state agencies' design, use, and deployment of automated systems in a manner that minimizes bias and promotes privacy and civil liberties.

Requires state agencies to inform users they are interacting with an AI system, and provide instructions on how the user can reach a non-AI representative.

Names the chapter as the California AI-ware Act.

SECTION 1. Chapter 5.9 (commencing with Section 11549.80) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:

CHAPTER 5.9. Artificial Intelligence 11549.80. This chapter shall be known, and may be cited, as the California AI-ware Act.

Recognizes AI's potential but mandates fairness, transparency, accountability, non-discrimination, privacy protection, and equitable outcomes.

11549.81. In enacting this chapter, the Legislature finds and declares: (a) The Legislature recognizes the tremendous potential of artificial intelligence (AI) to improve the lives of its citizens and the functioning of government. However, the Legislature also recognizes that the use of AI must be guided by principles of fairness, transparency, and accountability to ensure that the rights and opportunities of all Californians are protected in the age of artificial intelligence. (b) The Legislature declares that no individual or group should be discriminated against on the basis of race, gender, age, religion, sexual orientation, or any other protected characteristic in the design, development, deployment, or use of AI systems. (c) The Legislature affirms the importance of transparency in the use of AI systems. The public has the right to know when they are interacting with AI being used by the state, and to have a clear and conspicuous identification of that interaction. (d) The Legislature recognizes that the use of AI systems must be consistent with the protection of privacy and civil liberties and must be guided by a commitment to equity and social justice. It is the intent of the Legislature in enacting this legislation that all AI systems be designed and deployed in a manner that is both of the following: (1) Consistent with state and federal laws and regulations regarding privacy and civil liberties. (2) Minimizes bias and promotes equitable outcomes for all Californians.

Establishes the Office of Artificial Intelligence to guide AI use, ensure compliance, and minimize bias.

11549.82. There is in state government, within the Department of Technology, the Office of Artificial Intelligence. 11549.83. The office shall have the power and authority necessary to guide the design, use, or deployment of automated systems by a state agency to ensure that all AI systems are designed and deployed in a manner that is consistent with state and federal laws and regulations regarding privacy and civil liberties and that minimizes bias and promotes equitable outcomes for all Californians. 11549.84. (a) A state agency that utilizes generative artificial intelligence to directly communicate with a person, either through an online interface or telephonically, shall clearly and in a conspicuous manner identify to that person that their interaction with the state agency is being communicated through artificial intelligence. (b) A state agency that utilizes generative artificial intelligence to directly communicate with a person shall provide on the agency’s internet website clear instructions, or a link to a page with clear instructions, informing the person when and how the person can directly communicate with a person from the state agency. (c) For purposes of this section, “person” means a natural person.