California AB 2885 (2024)

Define “artificial intelligence” as an engineered or machine-based system influencing environments, and regulate high-risk automated decision systems impacting access to essential services. Mandate inventory of these systems by September 2024, assessing benefits, alternatives, data use, and mitigation measures, with annual reports until 2029.

  • Authority: California
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-09-28

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • False or misleading information
  • Governance failure
  • Lack of transparency or interpretability

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Unfair discrimination and misrepresentation
  • Unequal performance across groups
  • Compromise of privacy
  • AI system security vulnerabilities
  • Pollution of information ecosystem
  • Disinformation, surveillance, and influence at scale
  • Fraud, scams, and targeted manipulation
  • Loss of human agency and autonomy
  • Increased inequality and decline in employment
  • Lack of capability or robustness

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of risk domains, primarily addressing governance failure (6.5) through establishment of oversight mechanisms, and touching on discrimination (1.1, 1.3) and transparency (7.4) through requirements for high-risk automated decision systems. Coverage is concentrated in governance and fairness domains with scores of 2-3.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Trade, Transportation & Utilities
  • Educational Services
  • Public Administration (excl. National Security)

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Information
  • Finance & Insurance
  • Real Estate, Rental & Leasing
  • Health Care & Social Assistance

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs Public Administration (state agencies using automated decision systems), with additional coverage of Information (social media platforms), Education (California Community Colleges), Health Care, Finance, Housing (through high-risk automated decision system definitions), and Trade, Transportation and Utilities (warehouse distribution centers).

Legislative Status

Hard Law

Legislative Status Summary

This is a binding California state statute enacted by the legislature with mandatory obligations, specific deadlines, and enforcement through state agencies.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: The people of the State of California; California State Legislature
  • Summary: The document is a California state bill enacted by the legislature, as indicated by the opening phrase 'The people of the State of California do enact as follows' which is standard legislative language.

Target

  • Entity Types: AI_Governance_Actor, AI_Deployer
  • Entities: State agencies; California State University; Board of Parole Hearings; Department of Consumer Affairs professional licensing bodies; local agencies; social media companies; warehouse distribution centers
  • Summary: The document targets state agencies using high-risk automated decision systems, local agencies providing economic development subsidies to warehouse distribution centers, and social media companies operating platforms in California.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Technology; Secretary of Government Operations; Governor's Office of Business and Economic Development; Assembly Committee on Privacy and Consumer Protection; Senate Committee on Governmental Organization
  • Summary: The Department of Technology is designated to conduct inventories and submit reports on automated decision systems. The Secretary of Government Operations must evaluate deepfake impacts and develop coordinated plans. Local agencies must enforce disclosure requirements.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Technology; Secretary of Government Operations; Assembly Committee on Privacy and Consumer Protection; Senate Committee on Governmental Organization; Governor's Office of Business and Economic Development
  • Summary: The Department of Technology must conduct annual inventories and submit reports to legislative committees. The Secretary must report on deepfake technology. The Governor's Office must make economic development subsidy reports publicly available.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Collect and Process Data
  • Build and Use Model
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Deploy and Operate and Monitor stages through requirements for inventory, reporting, and ongoing assessment of high-risk automated decision systems already in use or proposed for use by state agencies. It also touches on Verify and Validate through requirements for risk assessments and performance metrics.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly defines and covers 'artificial intelligence' and 'automated decision systems' with detailed definitions. It addresses high-risk automated decision systems specifically but does not mention frontier AI, general purpose AI, foundation models, generative AI, predictive AI, open-weight models, or compute thresholds.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2885
https://agora.eto.tech/instrument/1551
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Document data from AGORA, CSET Emerging Technology Observatory.