California SB 813 independent AI verification (2026)
California — SB 813: Framework for Independent Verification Organizations to Assess AI Systems for Compliance with State Law (Signed September 9, 2026)
California · Stats. 2026, ch. 179 (SB 813); Cal. Gov. Code §§ 8898-8898.4
- Status
- Enacted (not yet in effect)
- Takes effect
- January 1, 2027
- Applies to
- Developers and deployers of AI systems and models subject to California law; independent verification organizations performing assessments under the framework.
- Enforced by
- State of California (implementing agency not established from available coverage); independent verification organizations as assessors
California Senate Bill 813, by Senator Jerry McNerney, sets up a voluntary system for independent organizations that check the risks of AI systems and models. Governor Gavin Newsom signed it on September 9, 2026, alongside Assembly Bill 1405, which creates a state registry of AI auditors. By January 1, 2028, the state's Government Operations Agency must set the rules for which organizations can be designated as 'independent verification organizations': how to apply, what expertise and independence they need (including limits on being paid in ways that depend on the result), and when a designation can be suspended or taken away. The agency must gather input from working groups that include AI company engineers and AI safety experts and report to the Legislature, and designated organizations must file yearly reports. The law does not require any AI company to use one of these organizations and does not create new liability. It takes effect January 1, 2027.
Who is protected: Californians subject to decisions made or assisted by AI systems — including job applicants assessed by hiring tools — through a mechanism for independent third-party verification of compliance rather than developer self-attestation.
Legal detail
SB 813 (McNerney; coauthors Asm. Bauer-Kahan and Lowenthal), Stats. 2026 ch. 179, approved Sept. 9, 2026; non-urgency, effective Jan. 1, 2027. Adds Gov. Code ch. 14 (§§ 8898-8898.4), 'California Artificial Intelligence Safety Independent Verification Organizations.' On or before Jan. 1, 2028, the Government Operations Agency must (a) develop application requirements for designation as an independent verification organization (IVO), covering qualifications and the benchmarks, metrics and methodologies the IVO proposes to use; (b) develop procedures to suspend or terminate a designation (for failures to adhere to standards, material misrepresentations, etc.); and (c) publish designation criteria drawing on existing standards and frameworks, including independence and conflict-of-interest requirements (an IVO may be paid by the assessed party at market rates but not on terms contingent on results). The agency must consult stakeholders, convene working groups that include competing AI companies' engineers and AI safety experts, and report to the Legislature under Gov. Code § 9795. Designated IVOs report annually to the agency and Legislature, with permitted redactions for trade secrets, cybersecurity, public safety and national security. § 8898.4: the chapter creates no liability solely for failure to comply with a standard, is not a state endorsement of any AI system, and does not require any developer, deployer or operator to engage an IVO. Signed as a package with AB 1405 (Bauer-Kahan), which creates a state registry for AI auditors.
Key facts
| Jurisdiction | California |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | September 9, 2026 |
| Citation | Stats. 2026, ch. 179 (SB 813); Cal. Gov. Code §§ 8898-8898.4 |
| Private right of action | No, agency enforcement only |
| Penalties | None. The law expressly does not create liability for failing to comply with a standard under it and does not require anyone to use an independent verification organization. |
| Topics | automated decision-making · AI disclosure and transparency · AI hiring and employment · consumer protection |
| Bill text | CA California SB 813 independent AI verification (2026) — official record (leginfo.legislature.ca.gov) |
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