S10701 — Enacts the technical evaluation, risk monitoring, incident notification, AI testing, oversight, and response act or the TERMINATOR Act

Summary

Relates to independent safety evaluations, monitoring, reporting, security, mitigation, employee protections and enforcement relating to frontier artificial intelligence models.

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 1420 of the general business law.

• Section 1420 of the general business law

  and → 17. "Independent safety evaluator" means a person or entity that: (a) possesses technical expertise and experience appropriate to the evaluation of frontier artificial intelligence models and catastrophic risk; (b) is not an affiliate of the large frontier developer whose frontier model is being evaluated; (c) has no material financial interest in such large frontier develop- er other than compensation for services provided in connection with an evaluation required by this article; and (d) is accredited or otherwise recognized by the office pursuant to standards established by the office. 18. "Material modification" means a modification to a frontier model or the manner in which such model is deployed that could reasonably be expected to materially increase a capability relevant to catastrophic risk or materially reduce the effectiveness of a safeguard designed to prevent or mitigate catastrophic risk. 19. "Significant safety incident" means an event involving a frontier model that materially increases catastrophic risk or provides credible evidence of a capability, vulnerability, failure, circumvention, or compromise of a safety, security, or control mechanism that could mate- rially increase catastrophic risk. A significant safety incident need italics not result in death, bodily injury, property damage, or the materializa- tion of catastrophic risk. 20. "Privileged frontier model access" means access to a frontier model that materially exceeds access generally provided to users of such model and that could materially increase catastrophic risk, including access to model weights, internal model checkpoints, a version of a model with safeguards disabled or materially reduced, privileged fine- tuning capabilities, or elevated authority to access external tools, systems, credentials, or computing resources. 21. "Risk-based catastrophic risk monitoring" means a program reason- ably designed, in light of the capabilities, deployment context, and reasonably foreseeable uses of a frontier model, to detect significant safety incidents, material changes in capabilities relevant to catastrophic risk, and material failures or circumvention of safeguards designed to prevent or mitigate catastrophic risk. 22. "Tamper-evident" means maintained using technical controls reason- ably designed to permit detection of unauthorized alteration or deletion. 23. "Catastrophic harm" means death, serious injury, property damage, or loss of property of the nature and magnitude described in subdivision three of this section arising from conduct described in such subdivi- sion. ; and (v) a summary of the material findings, limitations, uncertainties, identified capabilities, safeguard performance, and identified catastrophic risks contained in any independent safety evaluation required pursuant to section fourteen hundred thirty or fourteen hundred thirty-one of this article. Nothing in this subparagraph shall require publication of information that may be redacted pursuant to subdivision five of this section (c) A large frontier developer shall, together with each summary of an assessment of catastrophic risk transmitted pursuant to this subdivi- sion, provide, to the extent reasonably available, technical information reasonably necessary for the office to evaluate the basis for such assessment, including, as applicable, relevant evaluation results, moni- toring outputs, model outputs or trajectories, safety or security test- ing results, and other technical information supporting such assessment. 3-a. (a) A large frontier developer shall report a significant safety incident pertaining to one or more of its frontier models to the office as soon as practicable but in no event later than seven days after determining that such incident has occurred or learning facts sufficient to establish a reasonable belief that such incident has occurred. (b) Nothing in this subdivision shall alter a more expeditious report- ing requirement applicable to a critical saf

  amended

Action History

1. September 18, 2026

   RECOMMIT, ENACTING CLAUSE STRICKEN

2. September 18, 2026

   REFERRED TO RULES

Sponsors

• Patricia Fahy · Primary

Subjects