(1) The artificial intelligence model was trained using a quantity of computing power greater than 10^26 integer or floating-point operations.
(2) The artificial intelligence model was trained using a quantity of computing power sufficiently large that it could reasonably be expected to have similar or greater performance as an artificial intelligence model trained using a quantity of computing power greater than 10^26 integer or floating-point operations in 2024 as assessed using benchmarks commonly used to quantify the general performance of state-of-the-art foundation models.
…and have the following:
“Hazardous capability” means the capability of a covered model to be used to enable any of the following harms in a way that would be significantly more difficult to cause without access to a covered model:
(A) The creation or use of a chemical, biological, radiological, or nuclear weapon in a manner that results in mass casualties.
(B) At least five hundred million dollars ($500,000,000) of damage through cyberattacks on critical infrastructure via a single incident or multiple related incidents.
(C) At least five hundred million dollars ($500,000,000) of damage by an artificial intelligence model that autonomously engages in conduct that would violate the Penal Code if undertaken by a human.
(D) Other threats to public safety and security that are of comparable severity to the harms described in paragraphs (A) to (C), inclusive.
…In which case the organization creating the model must apply for one of these:
“Limited duty exemption” means an exemption, pursuant to subdivision (a) or (c) of Section 22603, with respect to a covered model that is not a derivative model that a developer can reasonably exclude the possibility that a covered model has a hazardous capability or may come close to possessing a hazardous capability when accounting for a reasonable margin for safety and the possibility of posttraining modifications.