Does New York RAISE Act require Incident Reporting?

New York • enacted

Yes — 1 provision

Requirements at a glance

This regulation imposes 6 specific requirements for Incident Reporting across 1 provision:

Incident Reporting

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Obligation:
Incident Reporting
enacted
Effective:
Jan 1, 2027
Risk tier:
general-purpose
Scope:
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

RequirementDetails
72-hour reportingReport 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 reportingIf 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 channelThe 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 LFDsConfidential 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 reportsMay file an amended report when further information is discovered after the initial report (§ 1422(3)(c))
Designated federal alternativeDeemed 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

Penalties

ViolationFine
Specified large-frontier-developer violations (§ 1427(1))AG may seek up to $1M first / $3M subsequent, based on severity; no private action under § 1427(2)
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