EXECUTIVE DEPA RTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-12-23
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
i
ij
,•,
,
1
\·
7
_.
�
the potential
risks
to
individuals, communities,
and
government
and
state
government
workers, with a focus on high-risk use cases, such
as
where
GenAI
is
used
to
make
a consequential decision
affecting
access
to
essential goods
and
services. Additionally,
the
report shall
include
but
not
be
limited to:
risks
stemming from
bad
actors
and
insufficiently
guarded
governmental
systems,
unintended
or
emergent
effects,
and
potential
risks
toward
democratic
and
legal processes,
public
health
and
safety,
and
the
economy.
The
report shall
be
regularly assessed for
any
significant
developments
or necessary
updates
and
as
appropriate,
be
done
in
consultation with civil society,
academia,
industry experts,
and
the
state
government
workforce or
organizations
that
represent state
government
employees.
2)
No later
than
March
2024,
the
California Cybersecurity Integration
Center
and
the
California State Threat Assessment Center,
both
established within
the
Governor's
Office
of
Emergency Services,
and
inclusive
of
the
California
Department
of
Technology,
the
California
Military Department,
and
the
California Highway Patrol, shall perform a
joint
risk
analysis
of
potential
threats
to
and
vulnerabilities
of
California's
critical
energy
infrastructure
by
the
use
of
GenAI, including those
which
could
lead
to
mass
casualty events
and
environmental emergencies,
and
develop,
in
consultation with external experts
as
appropriate
from
civil society,
academia,
and
industry, a strategy
to
assess
similar
potential
threats
to
other
critical infrastructure.
Once
this analysis
is
completed,
these agencies shall provide a classified briefing
to
the
Governor
and,
where
appropriate
and
without
divulging classified
information,
make
public
recommendations
for further administrative
actions
and/or
collaboration
with
the
Legislature
to
guard
against these
potential threats
and
vulnerabilities. These
recommendations
shall
address
how
to
ensure systems are regularly tested
and
monitored
to
detect
and
avoid
unintended
behavior,
and
how
to
ensure
they
remain
under
effective
human
control. At a
cadence
deemed
appropriate
by
the
Governor's Office
of
Emergency Services,
the
analysis
and
public
recommendations
should
be
updated
to
reflect
changes
to
the
technology,
its
applications,
and
risk
management
processes
and
learnings.
3)
To
ensure State
government
fosters a safe
and
responsible innovation
ecosystem
that
puts Al systems
and
tools
to
the
best
uses
for
Californians:
a.
By
January 2024,
the
Government
Operations
Agency,
the
California
Department
of
General Services, the California
Department
of
Technology,
and
the
California Cybersecurity
Integration Center, shall
issue
general guidelines for
public
sector
procurement,
uses,
and
required trainings for use
of
GenAI,
including for high-risk scenarios such
as
for consequential
decisions
affecting
access
to
essential
goods
and
services.
The
guidelines should build on
guidance
from the White House's
Blueprint for
an
Al
Bill
of
Rights
and
the
National Institute for
Science & Technology's Al
Risk
Management
Framework,
and
shall address safety, algorithmic discrimination,
data
privacy,
and
notice
of
when
materials are
generated
by
GenAI.
The
Government
Operations
Agency
shall
engage
and
consult with
the
state
government
workforce or organizations
that
represent
state
government
employees,
and
industry experts, including
but
not
limited to, trust
and
safety experts,
academic
researchers,
and
research institutions,
in
developing
these guidelines.
The
Government
Operations
Agency,
the
California
Department
of
General Services, the California
Department
of
Technology,
and
the
California Cybersecurity Integration
Center
shall
thereafter
evaluate
at
a
cadence
they
deem
appropriate
any
need
to
revise the guidelines
and
establish a consultative process
by
which
to
do
so
with civil society,
academia,
industry experts,
and
the
state
government
workforce or organizations
that
represent
state
government
employees. Nothing
in
this
Order shall
be
construed
to
allow
the
application
of
state funds
by
localities
in
the
procurement
of
GenA
I technologies.
b.
By
July
2024,
the
Government
Operations
Agency,
the
California
Department
of
Technology,
and
the
Office
of
Data
and
Innovation,
in
consultation with
other
State agencies
and
departments, shall
develop
guidelines for State agencies
and
departments
to
analyze
the
impact
that
adopting
a GenAI
too
l
may
have
on vulnerable communities, including criteria
to
evaluate
equitable
outcomes
in
deployment
and
implementation
of
high-risk use cases.
These
guidelines
and
criteria shall inform
whether
and
how
a State
agency
or
department
deploys a particular GenAI tool.
The
Government
Operations
Agency
shall
engage
and
consult with
the
state
government
workforce or organizations
that
represent state
government
employees,
and
industry experts, including
but
not
limited to, trust
and
safety experts,
academic
researchers,
and
research institutions,
in
developing
these guidelines.
The
Government
Operations
Agency,
the
California
Department
of
Technology,
and
the
Office
of
Data
and
Innovation shall
thereafter
evaluate
at
a
cadence
they
deem
appropriate
any
need
to
revise
the
guidelines
and
criteria
and
establish a
consultative process
by
which
to
do
so
with civil society,
academia,
industry experts,
and
the
state
government
workforce or organizations
that
represent state
government
employees.
c.
By
January
2025,
the
Government
Operations
Agency,
the
California
Department
of
General Services,
and
the
California
Department
of
Technology shall
update
the State's
project
approval,
procurement,
and
contract
terms, incorporating
analysis
and
feedback
obtained
through
the
processes outlined
in 3.a.
and
3.b.
d.
In
order
to
assist
the
Government
Operations
Agency
and
the
California
Department
of
Technology
in
these efforts, all
agencies
and
departments
subject
to
my
authority shall
conduct
and
submit
an
inventory
of
a
ll
current high-risk
uses
of
GenAI
within
the
agency
or
department
to
the
California
Department
of
Technology,
which
will administer
the
inventory.
To
effectuate
this inventory, all
agencies
and
departments
shall
appoint
a
senior level
management
personnel
who
will
be
responsible for
conducting
and
reporting
the
results
of
the
inventory
to
the
California
Department
of
Technology within
60
days
of
issuance
of
this
Order.
The
senior
management
personnel shall
be
responsible for maintaining
the
inventory
on
an
ongoing
basis.
e. State
agencies
and
departments
subject
to
my
authority shall
consider
procurement
and
enterprise use opportunities
where
GenAI
can
improve
the
efficiency, effectiveness, accessibility,
and
equity
of
government
operations consistent with
the
Government
Operations
Agency,
the
California
Department
of
General Services,
and
the
California
Department
of
Technology's guidelines for
public
sector GenAI
procurement.
f.
By
March
2024,
the
California
Department
of
Technology shall
establish
the
infrastructure
to
conduct
pilots
of
GenAI projects,
including California
Department
of
Technology
approved
environments,
or
"sandboxes,"
to
test such projects. These
environments will
be
available
to
State
agencies
and
departments
to
help
evaluate
GenAI tools
and
services,
to
further safe, ethical,
and
responsible implementations,
and
to
inform decisions
to
use GenAI, consistent with state guidelines.
g.
By
July
2024,
a
ll
state
agencies
under
my
authority shall consider
pilot projects
of
GenAI applications,
in
consultation with
the
state
workforce
or organizations
that
represent state
government
employees,
and
experts
as
appropriate
from civil society,
academia,
and
industry. Under a controlled setting, pilots shall
measure
1)
how
GenAI
can
improve
Californians'
experience
with
and
access
to
government
services,
and
2)
how
GenAI
can
support state employees
in
the
performance
of
their duties in
addition
to
any
domain-specific
i
mpacts
to
be
measured
by
the
agency.
4)
The
Government
Operations
Agency,
the
California
Department
of
Human Resources,
the
California
Department
of
General Services,
the
California
Department
of
Technology,
the
Office
of
Data
and
Innovation,
and
the
California Cybersecurity Integration Center, shall
engage
with
the
Legislature
and
relevant stakeholders, including
historically vulnerable
and
marginalized communities,
and
organizations
that
represent state
government
employees,
in
the
development
of
any
guidelines, criteria, reports,
and/or
training
as
directed
by
this Order.
5)
State
agencies
and
departments
subject
to
my
authority shall support
California's state
government
workforce
and
prepare
for
the
next
generation
of
skills
needed
to
thrive
in
the
GenAI
economy
by:
a. No later
than
July 2024,
the
Government
Operations
Agency,
the
California
Department
of
Technology,
the
California
Department
of
Human Resources,
and
the
Labor
and
Workforce
Development
Agency
shall
make
available
trainings for state
government
worker use
of
state-approved
GenAI tools
to
achieve
equitable
outcomes,
and
to
identity
and
mitigate
potential
output
inaccuracies,
fabricated
text, hallucinations,
and
biases
of
GenAI, while
enforcing
public
privacy
and
applicable
state laws
and
policies. Where
appropriate,
the
California
Department
of
Technology
and
the
California
Department
of
Human Resources shall
collaborate
with
the
state
government
workforce
or organizations
that
represent state
government
employees,
and
industry experts, on
developing
and
providing training.
b. No later
than
January
1,
2025,
the
Government
Operations
Agency,
the
California
Department
of
Human Resources,
and
the
Labor
and
Workforce
Development
Agency,
in
consultation
with
the
state
government
workforce
or
organizations
that
represent state
government
employees, shall establish criteria
to
evaluate
the
impact
of
GenAI
to
the
state
government
workforce,
and
provide
guidelines on
how
State
agencies
and
departments
can
support state
government
employees
to
use
these tools
effectively
and
respond
to
these
technological
advancements.
6)
The
Governor's
Office
of
Business
and
Economic
Development,
in
consultation with
the
Government
Operations
Agency,
is
directed
to
pursue a formal partnership with
the
University
of
California, Berkeley,
College
of
Computing,
Data
Science,
and
Society
and
Stanford
University's Institute for
Human-Centered
Artificial Intelligence
to
consider
and
evaluate
the
impacts
of
GenAI
on
California
and
what
efforts
the
State should
undertake
to
advance
its
leadership
in
this
industry.
As
part
of
this effort, beginning
in
the
fall
of
2023, those
agencies
are
directed
to
work
with
the
University
of
California, Berkeley,
College
of
Computing,
Data
Science,
and
Society
and
Stanford
University's Institute for
Human-Centered
Artificial Intelligence
to
develop
and
host a joint California-specific summit
in
2024,
to
engage
in
meaningful discussions
and
thought
partnership
about
the
impacts
of
GenAI on California
and
its
workforce
and
how
all stakeholders
can
support
growth
in a
manner
that
safeguards Californians.
7)
Legal counsel for a
ll
State agencies,
departments,
and
boards subject
to
my
authority shall consider
and
periodically
evaluate
for
any
potential
impact
of
GenAI on regulatory
issues
under
the
respective
agency,
department,
or
board's
authority
and
recommend
necessary
updates,
where
appropriate,
as
a
resu
lt
of
this evolving
technology.
IT
IS
FURTHER
ORDERED
that,
as
soon
as
hereafter
possible, this
Order
be
filed
in
the
Office
of
the
Secretary
of
State
and
that
widespread
publicity
and
notice
be
given
of
this
Order.
This
Order
is
not
intended
to,
and
does not,
create
any
rights or benefits,
substantive
or
procedural,
enforceable
at
law
or
in
equity, against
the
State
of
California,
its
agencies, departments, entities, officers, employees, or
any
other
person.
IN
WITNESS
WHEREOF
I
have
hereunto set
my
hand
and
caused
the
Great
Seal
of
the
State
of
California
to
be
affixed this 6th
day
of
September
2023.
ATTEST:
SHIRLEY
N.
WEBER,
Ph.D.
Secretary
of
State
