An act to add Section 11546.45.5 to the Government Code, relating to automated decision systems

• Authority: California
• Parent authority: State governments
• Jurisdiction: United States
• Collections: U.S. state and local documents
• Most recent activity: Enacted
• Most recent activity date: 2023-10-13

Risk subdomain coverage

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

• Unfair discrimination and misrepresentation
• Compromise of privacy
• AI system security vulnerabilities
• Governance failure
• Lack of capability or robustness
• Lack of transparency or interpretability

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

• Unequal performance across groups
• Overreliance and unsafe use
• Loss of human agency and autonomy

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 6-8 subdomains, with strong focus on discrimination and bias (1.1, 1.3), privacy (2.1), security vulnerabilities (2.2), lack of transparency (7.4), and lack of robustness (7.3). Coverage is concentrated in fairness, privacy, security, and AI system reliability domains.

Sector coverage

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

• Public Administration (excl. National Security)

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

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

All other sectors had no coverage in this document.

Sectors Summary

The document governs AI use across multiple public sector domains including Public Administration (state agencies), Health Care (healthcare decisions), Finance and Insurance (credit decisions), Real Estate (housing decisions), Educational Services (education decisions), and aspects of criminal justice. The primary focus is on state government operations with significant coverage of sectors where automated decisions have legal or similarly significant effects on individuals.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding California statute enacted by the state legislature with mandatory requirements for state agencies and the Department of Technology to conduct inventories and submit reports.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: The people of the State of California; California State Legislature
• Summary: The document is enacted by the people of California through their legislature, as indicated by the opening phrase 'The people of the State of California do enact as follows'.

Target

• Entity Types: AI_Governance_Actor, AI_Deployer
• Entities: State agencies; California State University; Board of Parole Hearings; Department of Consumer Affairs professional licensing and regulatory bodies
• Summary: The statute explicitly defines 'State agency' to include state offices, departments, divisions, bureaus, CSU, Board of Parole Hearings, and professional licensing bodies under the Department of Consumer Affairs. These entities are required to have their high-risk automated decision systems inventoried.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: California Department of Technology
• Summary: The Department of Technology is assigned the mandatory duty to conduct the comprehensive inventory and submit annual reports, making it the primary enforcer of this statute's requirements.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Assembly Committee on Privacy and Consumer Protection; Senate Committee on Governmental Organization; California Department of Technology
• Summary: The legislative committees receive annual reports from the Department of Technology, providing oversight and monitoring of the inventory process. The Department of Technology also monitors state agencies through the inventory process.

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 covers multiple lifecycle stages with primary focus on deployment and operational monitoring. It addresses planning through inventory of proposed systems, deployment through tracking systems in use, and ongoing monitoring through annual reporting requirements and risk mitigation measures.

Technical Scope

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

• AI Models
• AI Systems
• Predictive AI
• Task-specific AI

Technical Scope Summary

The document explicitly defines and covers 'automated decision systems' derived from machine learning, statistical modeling, data analytics, or artificial intelligence. It focuses on high-risk systems with significant impacts. There is no mention of frontier AI, general purpose AI, foundation models, generative AI, or compute thresholds.