Public employees: notice: artificial intelligence performing service within scope of work., the official text

An act to add Section 3558.10 to the Government Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

Executive Order No. N-12-23 requires specified state agencies, in collaboration with other state agencies and their workforce, to draft a report to the Governor examining the most significant, potentially beneficial use cases for deployment of generative artificial intelligence (GenAI) tools by the state. The executive order requires the report to explain the potential risks to individuals, communities, and government and state government workers, and requires the report to be regularly assessed and updated in consultation with, among others, the state government workforce or organizations that represent state government employees, as specified. Chapter 928 of the Statutes of 2024, the Generative Artificial Intelligence Accountability Act, requires specified state agencies to update the report, as needed, to respond to significant developments and to consult with specified parties, including organizations that represent state exclusive employee representatives. The act also requires state agencies to consider procurement and enterprise use opportunities for GenAI to improve efficiency, effectiveness, accessibility, and equity of government operations, as specified.
This bill would require certain state and local public employers to provide written notice to a recognized employee organization at least 45 days before taking an action to develop, purchase, or require the use of GenAI to perform a service that is within the scope of work of the job classification represented by the recognized employee organization.

The people of the State of California do enact as follows:

SECTION 1.
Section 3558.10 is added to the Government Code, to read:
3558.10.
(a) For purposes of this section, “generative artificial intelligence” and “artificial intelligence” have the same meanings as those terms are defined in Section 11549.64.
(b) A public employer identified in subdivision (a) of Section 3555.5 shall provide a recognized employee organization no less than 45 days’ written notice before taking an action to develop, purchase, or require the use of any generative artificial intelligence to perform a service that is within the scope of work of the job classification represented by the recognized employee organization.