CA SB 813
California Artificial Intelligence Safety Independent Verification Organizations (SB 813)
Creates a voluntary state designation for independent verification organizations: AI auditors that the Government Operations Agency recognises as having demonstrated expertise in assessing the risks posed by an AI system or model. The agency must establish application requirements, designation criteria and suspension procedures on or before January 1, 2028, and designated organizations report annually to the Legislature. Engaging a designated organization is not mandatory for AI developers or deployers.
Jurisdiction
California
Enacted
Sep 9, 2026
Effective
Jan 1, 2027
Enforcement
California Government Operations Agency, through designation, suspension and termination of independent verification organizations
Approved by the Governor on September 9, 2026 and chaptered as Chapter 179, Statutes of 2026. Adds Chapter 14 (Sections 8898 to 8898.4) to Division 1 of Title 2 of the Government Code, titled California Artificial Intelligence Safety Independent Verification Organizations. No urgency clause, so the act takes effect January 1, 2027 under Article IV, Section 8(c) of the California Constitution, but the operative machinery depends on Government Operations Agency rules that are due on or before January 1, 2028. Participation is voluntary: the act states it does not require a person, partnership or corporation that develops, deploys or operates an AI system or model to engage an independent verification organization. Obligated parties are AI auditors, a party type the obligated_parties taxonomy does not currently have a value for, so that field is left unset.
California Legislative Information: SB 813, Chapter 179, Statutes of 2026 (chaptered text)Why It Matters
Designation is voluntary and creates no safe harbour, so the act supplies vocabulary and vetting for AI auditing rather than a compliance obligation. Its practical weight comes from other statutes: an operator that must commission an independent audit will look for a designated organization, and the act says explicitly that whether an audit happened is relevant to but not conclusive of harm litigation.
Recent Developments
Signed September 9, 2026 as Chapter 179, Statutes of 2026, paired with AB 1405 (Chapter 178), which creates a mandatory registry for AI auditors from January 1, 2029. Together they build the third-party assessment layer that California statutes requiring independent audits will draw on, including the biennial child safety audit that SB 1119 (Chapter 190) imposes on companion chatbot operators from January 1, 2029.
At a Glance
Requires
Who Must Comply
- AI auditors seeking state designation as independent verification organizations
- Developers, deployers and operators of AI systems or models that choose to engage a designated organization
Safety Provisions
- Government Operations Agency designates independent verification organizations that demonstrate expertise in assessing AI system and model risks
- Applicants may be persons, partnerships, academic institutions, nonprofits or corporations that conduct audits
- Designated organizations must identify evaluation metrics and methodologies, employ technical personnel, manage conflicts of interest, and maintain independence from the parties they assess
- Agency may suspend or terminate a designation for failure to adhere to standards, material misrepresentation, conflicts of interest, documentation lapses, conduct impairing integrity, or a cybersecurity breach
- Designated organizations report annually to the Legislature, no sooner than 12 months after initial designation
- Redacted information retained for five years
- Whether an audit was performed is relevant to, but not conclusive of, litigation over harm caused by an AI system
Compliance & Enforcement
Key Dates
Jan 1, 2028
Government Operations Agency must have developed application requirements, designation criteria, and suspension and termination procedures for independent verification organizations, with stakeholder working groups feeding that process
Penalties
license revocation
View on map
California
Focus Areas
Cite This
APA
California. (2026). California Artificial Intelligence Safety Independent Verification Organizations (SB 813).
Related Regulations
CA AB 1405
Requires AI auditors to register with the Government Operations Agency and bars unregistered persons from offering, selling or conducting a covered AI audit from January 1, 2029. Registered auditors must maintain independence from the auditee, follow applicable audit protocols, report in detail, and keep records for at least 10 years. Certified public accountants licensed by the California Board of Accountancy are treated as satisfying the independence requirements if they comply with applicable professional standards.
CA SB 1047
Would have required safety testing and "kill switch" capabilities for frontier AI models above certain compute thresholds. Governor vetoed citing concerns about threshold-based approach.
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Last updated September 13, 2026. Verify against primary sources before relying on this information.