California has officially enacted Senate Bill 53 (SB 53), the Transparency in Frontier Artificial Intelligence Act, marking a pivotal moment in U.S. technology regulation. Signed by Governor Gavin Newsom on September 29, SB 53 introduces the nation’s first comprehensive safety and transparency requirements for frontier AI developers — those building the most advanced and computationally intensive AI systems.
|
California’s SB 53 Requirement |
Applies To |
Key Details |
HITRUST Support |
|
Public safety frameworks |
Large AI developers |
Publish AI safety frameworks |
Governance and transparency guidance |
|
Catastrophic risk assessments |
Frontier AI developers |
Disclose high-risk scenarios |
Risk mitigation strategies |
|
Incident reporting |
All AI developers |
Report incidents to OES |
Aligns with 15-day / 24-hour reporting |
|
Whistleblower protections |
Employees |
Protect employees raising concerns |
Enables accountability |
|
Civil penalties |
Noncompliant developers |
Fines up to $1M per violation |
Certification reduces compliance risk |
What does SB 53 require?
California’s AI safety law, SB 53, focuses on transparency and risk mitigation rather than liability, distinguishing it from last year’s vetoed SB 1047. Key provisions include
- Public safety frameworks: Large AI developers (annual revenue >$500M and training models at ≥10²⁶ FLOPs) must publish documented frameworks detailing how they incorporate national and international standards into their AI development processes.
- Catastrophic risk assessments: Companies must disclose assessments of risks that could lead to mass harm or $1B+ in damages, such as autonomous misuse or bioweapon development.
- Incident reporting: Critical safety incidents must be reported to California’s Office of Emergency Services (OES) within 15 days, and imminent threats within 24 hours.
- Whistleblower protections: Employees who raise safety concerns are shielded from retaliation, reinforcing accountability.
- Civil penalties: Noncompliance can result in fines up to $1 million per violation, enforceable by the state attorney general.
Why does this matter?
California’s move underscores a growing trend: state-level leadership in AI governance amid stalled federal action. SB 53 is widely viewed as a blueprint for future regulation, similar to how GDPR influenced global privacy standards. Analysts predict that transparency requirements will become a competitive differentiator, shaping procurement decisions and investor confidence.
How does HITRUST help with SB 53 compliance?
HITRUST is uniquely positioned to help organizations navigate SB 53’s requirements through its AI Security Assessment and Certification, which includes
- 44 harmonized AI controls mapped to NIST, ISO, OWASP, and the HITRUST CSF.
- Catastrophic risk mitigation strategies addressing model poisoning, prompt injection, and supply chain threats
- Incident response alignment with SB 53’s 15-day and 24-hour reporting windows
- Governance and transparency support for publishing safety frameworks and enabling whistleblower protections
- Independent assurance through HITRUST’s centralized QA and certification process
“As California leads the way in AI governance, HITRUST offers a certifiable path to compliance that balances innovation with accountability,” said Jeremy Huval, Chief Innovation Officer at HITRUST.
Will other states follow California’s AI law?
SB 53 signals a new era of AI accountability. Whether other states follow suit or Congress steps in with a federal standard, organizations that prioritize risk management and transparency today will be better positioned for tomorrow’s regulatory landscape.
Learn more about HITRUST’s AI Security Certification and how we can help your organization meet SB 53 requirements.