Sen. McNerney and Asm. Bauer-Kahan Partner on AI Safety Standards and Verification

SACRAMENTO – State Sen. Jerry McNerney, D-Pleasanton, and Assemblymember Rebecca Bauer-Kahan, D-Orinda, announced today that they are partnering to establish landmark safety standards for independent, third-party assessments of AI systems and models.

Sen. McNerney and Asm. Bauer-Kahan are amending their AI legislation, SB 813 and AB 1405, to work in concert with each other. 

Sen. McNerney’s SB 813 legislation would establish the California Artificial Intelligence Standards and Safety Commission made up of AI industry experts, academics, and public officials who would create voluntary AI safety standards across a range of industries and applications.

Asm. Bauer-Kahan is planning to amend her AB 1405 to establish a robust registry for independent, third-party AI auditors to verify the safety of AI systems and models.

“AI has tremendous potential to improve our lives, but without sufficient guardrails, it also poses significant risks. Under SB 813, California will become the first state to create voluntary standards for the responsible development of AI,” Sen. McNerney said. “I’m also proud to partner with Asm. Bauer-Kahan to create a framework for third-party assessments to verify if AI systems are meeting the new standards.”

“Good AI policy requires independent verification of safety. AB 1405 will take a significant step in creating the ecosystem for independent verification to become a reality. By working in concert with Sen. McNerney we are building a framework where California leads the way in creating a system of independent, verified auditors and known standards that protect our communities from AI harms and unchecked power in the hands of a few companies,” said Assemblymember Bauer-Kahan.

The revisions to SB 813 are now publicly available. The changes to AB 1405, which currently sits on the Senate Appropriations Committee’s Suspense File, are planned to be made in the weeks ahead.

California is the global leader in artificial intelligence innovation and is home to the most AI companies, researchers, and developers in the world. Artificial intelligence technologies have the potential to drive economic growth, improve public services, advance scientific discovery, and enhance the quality of life for Californians.

AI is advancing rapidly, but the technology also presents significant downsides, including psychological harm to children, inherent bias, cyber fraud, election tampering, misinformation, deepfakes, fake news, and widespread job displacement.

AI systems also hallucinate. A recent large-scale study found that AI assistants misrepresent news content 45% of the time.

SB 813’s first-of-its-kind AI framework is based on standards models that have been successful in providing benefits for the public in other industries, from electrical and mechanical standards to LEED standards for green buildings.

Under SB 813, the AI Standards and Safety Commission will create standards and can designate “working groups” composed of experts and stakeholders who can facilitate the development of practical, evidence-based standards that evolve alongside advances in technology. The standards will then be published on the commission’s website.

AB 1405 establishes the first-of-its-kind registry and standards for AI auditors. The bill would require independence and rigor in audits and begin to establish an ecosystem for third-party verifiers to oversee the safety of AI systems. The bill will also require that registered AI auditors meet clear standards for ethical practice and financial independence. This will give Californians confidence that AI audits are conducted with integrity, and the state is taking critical steps to protect them from the risks posed by AI systems.

Both bills need to be enacted to go into effect.

Sen. Jerry McNerney is chair of the Senate Revenue and Taxation Committee, and his 5th Senate District includes all of San Joaquin County and Alameda County’s Tri-Valley.

Asm. Rebecca Bauer-Kahan is chair of Assembly Privacy and Consumer Protection Committee, and her 16th Assembly District includes portions of Alameda and Contra Costa counties.