T1#regulation
California's SB 1047 — The Frontier AI Safety Bill a Governor Vetoed

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SB 1047 was a California bill, introduced by State Senator Scott Wiener, that would have required developers of the most advanced large AI models to adopt safety measures. Its formal title was the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act. It passed both houses of the legislature in August 2024, but Governor Gavin Newsom vetoed it on 29 September 2024, so it never became law. In his veto message the governor wrote that by focusing only on the most expensive and large-scale models, the bill "establishes a regulatory framework that could give the public a false sense of security about controlling this fast-moving technology."
A year later, on 29 September 2025, Newsom signed Wiener's successor bill, SB 53, the Transparency in Frontier Artificial Intelligence Act. The duty to take safety measures in SB 1047 became, in SB 53, a duty to publish safety frameworks and report incidents.
What the bill required
According to a September 2024 overview by the law firm Kilpatrick Townsend, the bill contained the following.
| Item | Content |
|---|---|
| Covered models | Trained using more than 10^26 integer or floating-point operations at a compute cost above 100 million dollars; fine-tuned derivatives using at least 3 × 10^25 operations at more than 10 million dollars were also covered |
| Before training | Write and retain a safety and security protocol, publish a redacted copy and send it to the Attorney General; implement the capability to fully shut down the model |
| Audits | Retain a third-party auditor from 1 January 2026; submit an annual compliance statement to the Attorney General |
| Incident reporting | Report each AI safety incident to the Attorney General within 72 hours |
| Penalties | For certain harms, civil penalties of up to 10% of the cost of the compute used to train the model (30% for later violations) |
| Whistleblowers | Developers may not prevent employees from disclosing information to the Attorney General or the Labor Commissioner; anonymous internal reporting required |
Wiener's office also listed CalCompute, a public computing cluster for startups, researchers and community groups, among the bill's pillars. According to the governor's veto message, the bill would also have established a state Board of Frontier Models to oversee development. The Assembly passed the bill 49 to 15 on 28 August 2024, and the Senate gave final approval the next day.
Who was for and against
SB 1047 made it plain that the AI industry itself was split over safety.
| Position | Who | Argument (summarised from the sources) |
|---|---|---|
| Support | Geoffrey Hinton, Yoshua Bengio, the Center for AI Safety, Encode Justice and others (per Wiener's office) | Requiring testing and safeguards against catastrophic harm only for the most powerful systems is reasonable |
| Qualified support | Anthropic (letter of 21 August 2024) | The amended bill is substantially improved and its benefits likely outweigh its costs, though this is uncertain |
| Opposition or concern | OpenAI | AI should be regulated federally; the bill creates an uncertain legal environment |
| Opposition or concern | Meta | The bill threatens to make the state unfavourable to AI development and deployment |
| Opposition | Former Speaker Nancy Pelosi (16 August 2024) | Well-intentioned but ill informed; more harmful than helpful to California's AI goals |
| Opposition | Y Combinator, a16z, the trade group Chamber of Progress and others (per TechCrunch) | Claims that developers could go to jail and that entrepreneurs would be driven out of California |
Anthropic's letter, as quoted by Reuters, said: "In our assessment, the new SB 1047 is substantially improved, to the point where we believe its benefits likely outweigh its costs. However, we are not certain of this". Pelosi's statement said: "The view of many of us in Congress is that SB 1047 is well-intentioned but ill informed," pointing to the bipartisan House task force on AI.
A few days after the veto Wiener told TechCrunch: "I've never had a bill with this level of misinformation," accusing opponents of running a propaganda campaign.
Why the governor vetoed it
Newsom's message does not reject AI regulation as such. It notes that California is home to 32 of the world's 50 leading AI companies and says the governor agrees with the author that the state cannot wait for a major catastrophe before acting. It then gives these reasons:
- The key question is whether the threshold for regulation should rest on the cost and computation needed to develop a model, or on a system's actual risks
- Focusing only on the most expensive, large-scale models could create a false sense of security; smaller, specialised models may prove equally or more dangerous
- The bill does not consider whether a system is deployed in high-risk environments, makes critical decisions or uses sensitive data, yet applies stringent standards to even basic functions of a large system
- Regulation must be informed by empirical analysis of AI systems and capabilities
The message adds that in the previous 30 days the governor had signed over a dozen bills regulating specific, known risks posed by AI. According to TechCrunch, Newsom set up a working group including Stanford's Fei-Fei Li at the same time.
The successor, SB 53
Building on the working group's report, published on 18 March 2025, Wiener introduced SB 53, which Newsom signed on 29 September 2025. According to the governor's announcement and an analysis by the Carnegie Endowment for International Peace:
| Item | SB 1047 (vetoed) | SB 53 (enacted) |
|---|---|---|
| Scope | Models over 10^26 operations costing over 100 million dollars | Frontier models trained with over 10^26 operations; most duties fall on "large frontier developers" with more than 500 million dollars in prior-year revenue |
| Core duty | Safety and security protocol, full-shutdown capability, third-party audits | Publish a safety framework online; publish information on new models |
| Incident reporting | To the Attorney General within 72 hours | Critical safety incidents to the Office of Emergency Services within 15 days |
| Penalties | Up to 10–30% of training compute cost | Up to one million dollars per violation, enforced by the Attorney General |
| Other | Whistleblower protections, CalCompute | Whistleblower protections, CalCompute, annual update recommendations from the Department of Technology |
Carnegie describes SB 53 as a lighter-touch approach than SB 1047, which had been criticised for creating new liability, requiring shutdown capabilities and imposing know-your-customer rules on cloud providers. A third-party audit provision in an earlier draft of SB 53 was dropped before passage. SB 53's core requirements took effect on 1 January 2026.
What it changed
The veto of SB 1047 and the enactment of SB 53 were the first US answer to the question how far a state can regulate the safety of frontier AI.
The position many opponents took — that AI should be regulated federally — later became federal policy. On 11 December 2025 President Trump signed Executive Order 14365, "Ensuring a National Policy Framework for Artificial Intelligence," directing the Attorney General to set up within 30 days a task force to challenge state AI laws and the Commerce Secretary to identify "onerous" state laws. The order's text does not name California, but it targets what it calls a patchwork of state regimes.
For workers, a notable thread runs from SB 1047 to SB 53: whistleblower protection. Protecting AI-company employees who speak up about risks that are not yet regulated echoes what employees demanded after the dissolution of OpenAI's Superalignment team.
SB 1047 marked the point at which "AI safety" moved from researchers' principles (the Asilomar AI Principles) and companies' voluntary pledges into the politics of statute text and a governor's signature. The bill that was vetoed became, a year later and in a different form, state law.
Questions this page answers
- What was SB 1047?
- A California bill by State Senator Scott Wiener that would have required developers of frontier AI models trained with more than 10^26 operations at a cost above 100 million dollars to adopt a safety and security protocol before training, keep the ability to fully shut a model down, undergo third-party audits and report incidents. Governor Newsom vetoed it on 29 September 2024.
- Why did Governor Newsom veto it?
- His veto message said that focusing only on the most expensive and large-scale models could give the public a false sense of security, that smaller specialised models could prove equally or more dangerous, and that the bill ignored whether a system is deployed in high-risk settings. He said regulation must rest on empirical evidence and science.
- Who supported and who opposed it?
- According to Wiener's office, Geoffrey Hinton and Yoshua Bengio supported it, and Anthropic said the amended bill's benefits likely outweighed its costs. Opponents included OpenAI, Meta, a16z and former Speaker Nancy Pelosi, who called it well-intentioned but ill informed.
- How does SB 53 differ from SB 1047?
- SB 53, signed on 29 September 2025, centres on transparency: large frontier developers must publish safety frameworks, report critical safety incidents to the state Office of Emergency Services and protect whistleblowers. A Carnegie Endowment analysis describes it as a lighter-touch approach than SB 1047, which had been criticised for requiring shutdown capabilities among other things.
Sources
PrimarySB 1047 veto message — Office of Governor Gavin Newsom, Sep 29, 2024
The reasons for the veto (size-based thresholds, false sense of security, no account of high-risk deployment, need for empirical evidence), the Board of Frontier Models, 32 of 50 leading AI companies, and over a dozen AI bills signed in 30 days
PrimarySenator Wiener's Landmark AI Bill Passes Assembly — Senator Scott Wiener, Aug 28, 2024
Passed the Assembly 49–15; over 100 million dollars to train; CalCompute; whistleblower protections; support from Hinton, Bengio and others
SecondaryProposed California AI Law SB 1047 – An Overview For Developers — Kilpatrick Townsend, Sep 12, 2024
Covered-model definition (more than 10^26 operations, over 100 million dollars), the fine-tuning threshold, full shutdown, third-party audits from 2026, 72-hour incident reporting, penalties, whistleblower protections, passage on 28 and 29 August
SecondaryCalifornia AI bill's benefits likely outweigh costs — Dunya News (Reuters), Aug 2024
Anthropic's letter of 21 August and the positions of OpenAI, Google and Meta
Wiener's reaction, opponents including Y Combinator, a16z and OpenAI, and the working group with Fei-Fei Li
Signing and contents of SB 53, the Transparency in Frontier Artificial Intelligence Act, and the working group's report of 18 March 2025
SB 53's thresholds (10^26 operations, 500 million dollars in revenue), 15-day reporting, up to one million dollars per violation, and differences from SB 1047
SecondaryState AI Laws in 2026: SB 53, SB 942, and Preemption — GC AI, Oct 7, 2026
SB 53's core requirements taking effect on 1 January 2026
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