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What applies to me? →California Independent Verification Organizations Act (SB 813)
Issued by
State of California
California's SB 813 creates the nation's first state framework for certifying independent organizations to verify AI systems against state law. The California Artificial Intelligence Standards and Safety Commission will recognize these Independent Verification Organizations, or IVOs, and set the standards they must meet. Companies deploying AI in hiring, insurance, and other high-stakes uses can hire a state-recognized auditor to confirm compliance.
Applies To
Overview
The law establishes the California Artificial Intelligence Standards and Safety Commission. The Commission will certify Independent Verification Organizations, expert panels authorized to assess whether an AI system complies with state AI law. It codifies one of the central recommendations from Governor Newsom's blue-ribbon panel on AI. The Government Operations Agency must have certification standards for these organizations in place by January 1, 2028. Coverage reaches beyond frontier AI developers to any company that deploys AI in hiring, insurance, or other critical services. Anthropic backed the bill publicly in August 2026, and OpenAI added its support hours before Newsom signed it, reversing its earlier position on parts of the package.
Key Requirements
- •Establishes the California Artificial Intelligence Standards and Safety Commission to oversee AI compliance verification.
- •Requires the Government Operations Agency to set certification criteria for Independent Verification Organizations by January 1, 2028.
- •Limits certification to organizations that meet independence, expertise, and conflict of interest standards set by the Commission.
- •Authorizes certified IVOs to assess AI systems and models against California AI law on behalf of developers and deployers.
- •Applies to AI used in hiring, insurance, and other high-stakes or critical-service contexts, not only frontier model developers.
- •Directs the Commission to report on IVO performance and update certification standards over time.
What Your Organization Must Do
- →Identify which of your AI systems fall within the hiring, insurance, or critical-service scope the law covers.
- →Track the Government Operations Agency's certification criteria as they take shape ahead of the January 2028 deadline.
- →Budget for a state-certified independent verification assessment once IVOs are formally recognized.
- →Update vendor and AI procurement contracts to anticipate a future requirement for IVO-verified compliance documentation.
- →Assign a compliance owner to monitor California's rulemaking process and comment during public review periods.
Playbook Guidance
Step-by-step implementation guidance for compliance teams.
Frequently Asked Questions
- Which companies does California SB 813 apply to beyond AI developers?
- SB 813 extends to any company that deploys AI in hiring, insurance, or other high-stakes critical services, not just frontier model developers like Anthropic or OpenAI. A mid-size insurer or HR software vendor using an AI screening tool would fall within scope.
- When does the Government Operations Agency have to finalize IVO certification standards under SB 813?
- The Government Operations Agency must have certification criteria for Independent Verification Organizations in place by January 1, 2028. Companies should track the rulemaking process well before that date to prepare procurement and audit budgets accordingly.
- What independence and conflict of interest requirements must an IVO satisfy to receive California certification?
- The California Artificial Intelligence Standards and Safety Commission sets the specific independence, expertise, and conflict of interest standards that candidate organizations must meet. The statute does not prescribe exact thresholds, so final requirements will emerge through the Commission's rulemaking process.
- Does hiring an IVO under SB 813 create a safe harbor from California AI enforcement?
- SB 813 authorizes certified IVOs to assess whether an AI system complies with California law, which can document a good-faith compliance effort. However, the statute does not explicitly create a formal safe harbor, so legal exposure depends on the underlying substantive AI laws your system is evaluated against.
- How does SB 813 compare to the EU AI Act's conformity assessment requirements?
- Both frameworks require independent third-party verification for high-risk AI uses, but SB 813 focuses on California-specific statutory compliance rather than a harmonized technical standard. The EU AI Act mandates notified body assessments under a detailed risk classification scheme, while California's IVO system will be shaped by Commission rulemaking that is still in development.
- What practical steps should compliance teams take now given SB 813's 2028 effective date?
- Compliance teams should map which AI systems touch hiring, insurance, or critical services, assign ownership of California's rulemaking process, and begin updating vendor contracts to anticipate IVO verification requirements. Building audit readiness before 2028 is far less costly than retrofitting systems after certification standards are finalized.