— Chapter 96 (S8828) repeals and replaces Article 44-B; distinguishes frontier and large frontier developers, revises transparency/reporting, and sets January 1, 2027 commencement
Large frontier developers for framework/assessment duties; all frontier developers for deployment transparency reports. Frontier models exceed 10^26 training operations including subsequent fine-tuning/reinforcement/material modifications; large developers exceed $500M prior-year gross revenue with affiliates (§ 1420(8)-(10)). Models must be developed, deployed or operating wholly or partly in New York (§ 1425); § 1426 academic-research and Empire AI/institute exceptions apply
Requirements
Requirement
Details
Internal governance
Large frontier developer framework must describe internal governance practices ensuring implementation (§ 1421(1)(i)); the reviewed amended Article 44-B does not require a designated senior AI safety officer
Safety framework publication
Large frontier developers must write, implement, comply with and conspicuously publish a frontier AI framework addressing § 1421(1)(a)-(j)
Internal-use risk summaries
Large frontier developers must confidentially transmit internal-use catastrophic-risk assessment summaries to the DFS Office every three months or on another reasonable requested schedule agreed by the Office (§ 1422(2))
Annual update
Large frontier developers must review and update as appropriate at least annually; publish material modifications and justification within 30 days (§ 1421(2))
Assessment and deployment transparency
Large frontier framework must describe assessments, mitigations and review in deployment/extensive-internal-use decisions (§ 1421(1)(b)-(e)); all frontier developers publish a transparency report before or concurrently with deployment, with assessment/results/third-party-evaluator summaries for large developers (§ 1421(3))
Large frontier developers that develop, deploy or operate a frontier model wholly or partly in New York (§§ 1425, 1428(1)). The § 1426 academic-research and Empire AI/institute exceptions apply
Requirements
Requirement
Details
Current filing and assessment
A covered large frontier developer may not develop, deploy or operate a frontier model wholly or partly in New York without a current disclosure statement filed with the DFS Office and payment of its required pro rata share of the department's Article 44-B operating expenses (§ 1428(1), (4))
Renewal events
File in the form and manner prescribed by the Office and renew every two years, upon transfer of frontier-model ownership, or upon a material change to previously reported information, whichever occurs first (§ 1428(2))
Business identity and offices
Identify the developer, every name under which it does business, its principal place of business and each New York office (§ 1428(3)(a)-(b))
Conditional beneficial-owner history
If the developer or ultimate parent is private or closely held, list current persons or entities with at least a 5% beneficial interest and persons who formerly held at least a 5% beneficial interest in the owner or its predecessors during the preceding five years. If the owner or ultimate parent is publicly traded, list current persons or entities with at least a 50% beneficial interest (§ 1428(3)(c))
Government contacts
Identify primary, secondary and tertiary contacts; the primary contact receives Article 44-B inquiries from the Office or other governmental entities (§ 1428(3)(d))
Public filer list boundary
The Office must publish a list of large frontier developers that filed disclosure statements, excluding their contact information. Section 1428(6) does not state that the disclosure statements themselves are public
Penalties
Violation
Fine
No current disclosure or uncorrected false information (§ 1428(5))
After notice and hearing, the Office may levy $1,000 for each day the entity fails to file the required disclosure or correct false information
Unpaid assessment (§ 1428(5))
After notice and hearing, the Office may levy an amount equal to the assessments owed, in addition to other applicable penalties or liability
Frontier developers with a § 1420(4) critical safety incident involving their frontier models; models developed, deployed or operating wholly or partly in New York (§ 1425). Large developers additionally transmit internal-use assessment summaries. Definitions in § 1420(8)-(10) and academic/Empire AI exceptions in § 1426 apply
Requirements
Requirement
Details
72-hour reporting
Report critical safety incidents to the DFS Office within 72 hours of determining an incident occurred or learning facts sufficient for a reasonable belief it occurred (§ 1422(3)(a))
24-hour imminent risk reporting
If a discovered critical safety incident poses imminent risk of death or serious physical injury, disclose within 24 hours to an appropriate authority with jurisdiction, including law-enforcement/public-safety agencies, based on the incident and as required by law (§ 1422(3)(b))
DFS Office channel
The office is within DFS and reports to its superintendent (§ 1420(12),(16)); the ordinary 72-hour channel is that office, while § 1422(3)(b) specifies the urgent 24-hour appropriate-authority channel
Internal-use summaries for LFDs
Confidential internal-use catastrophic-risk assessment summaries to DFS every three months or on another reasonable agreed schedule (§ 1422(2)); not a public quarterly incident-summary mandate
Amended reports
May file an amended report when further information is discovered after the initial report (§ 1422(3)(c))
Designated federal alternative
Deemed compliance with § 1422(3) requires a qualifying federal regime designated by Office regulation, declaration of intent, actual compliance, and concurrent copies of federal reports to the Office (§ 1422(8)-(10)); no general federal-reporting exemption
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