On May 1, 2024, Senate Bill 149 for the Artificial Intelligence Policy Act entered into force. This follows its signature by the Governor of Utah on March 13, 2024.

What are the provisions of the AI Policy Act?

The Act provides for establishing administrative controls and policy development relating to artificial intelligence (AI), including the formation of an Office of Artificial Intelligence Policy (OAIP). The OAIP is responsible for:

• creating and administering an AI learning laboratory program (the Program);
• consulting with businesses and stakeholders about regulatory proposals; and
• making rules establishing:
  • procedures, requirements, and fees to apply to participate in the Program;
  • criteria for the invitation;
  • required disclosures to consumers; and
  • reporting requirements to the OAIP.

Participants who want to use AI technology in Utah can also apply for regulatory mitigation, subject to specific criteria that must be provided to the OAIP. Eligibility for regulatory mitigation is also subject to technical expertise, sufficient financial resources, and an effective plan to monitor and minimize identified risks from testing, among other things. A regulatory mitigation agreement between the OAIP and an agency must specify:

• the limitations on the scope of the use of the AI technology including the numbers and types of users, geographic limitations, and other limitations and implementations;
• safeguards to be implemented; and
• any regulatory mitigation granted to the applicant.

The Act defines 'regulatory mitigation' as:

• when restitution to users may be required;
• terms and conditions related to any cure period before penalties may be assessed;
• any reduced civil fines during the participation term; and
• other terms tailored to identified issues of the AI technology.

You can read the Act and view its legislative history here.