Int. No. 926
By Council Members Menin, Gutiérrez, Brewer, Williams, Hanif, Salaam, Farías, Ariola, the Public Advocate (Mr. Williams), Joseph, Zhuang, Ung, Brannan and Cabán (by request of the Manhattan Borough President)
A Local Law to amend the administrative code of the city of New York, in relation to requiring the creation of appropriate and responsible use practices for artificial intelligence tools used by city agencies
Be it enacted by the Council as follows:
Section 1. Subchapter 1 of chapter 1 of title 3 of the administrative code of the city of New York is amended by adding a new section 3-119.5.1 to read as follows:
§ 3-119.5.1 Minimum practices for the appropriate and responsible use of artificial intelligence. a. Definitions. As used in this section, the following terms have the following meanings:
Artificial intelligence. The term “artificial intelligence” has the same meaning as set forth in subsection (3) of section 9401 of title 15 of the United States code.
Public-impacting artificial intelligence. The term “public-impacting artificial intelligence” means any artificial intelligence that could reasonably be expected to materially impact the rights, liberties, benefits, safety or interests of the public, including their access to available city services and resources for which they may be eligible.
b. Minimum practices. No later than January 1, 2025, the department of information technology and telecommunications, or another office or agency designated by the mayor, shall promulgate rules establishing minimum practices that all agencies must follow in developing, procuring, deploying, and using public-impacting artificial intelligence. Such rules shall include reporting standards that agencies must follow to document compliance with such minimum practices. Such minimum practices shall include, but need not be limited to:
1. Procedures for ensuring fairness, transparency, and accountability in public-impacting artificial intelligence decision-making processes, including but not limited to testing standards to guard against bias;
2. Procedures for identifying, assessing, and mitigating risks associated with public-impacting artificial intelligence, including but not limited to data protection risks;
3. Procedures for regular monitoring and independent evaluation of public-impacting artificial intelligence; and
4. Procedures for protecting individual privacy and civil liberties.
c. Periodic review. The department of information technology and telecommunications, or such other office or agency designated by the mayor, shall review such minimum practices no less than annually and update such minimum practices by rule as necessary.
d. Report. No later than 2 years and every two years thereafter following the adoption of the rules required by subdivision b of this section, the department of information technology and telecommunications, or such other office or agency designated by the mayor, shall publish on its website, and submit to the mayor and the speaker of the council, a report on compliance with and review of such minimum practices. Such report shall include, at a minimum:
1. For each agency that developed, procured, deployed, or used public-impacting artificial intelligence during the applicable reporting period, the steps the agency took to comply with the minimum practices established pursuant to subdivision b of this section; and
2. A description of the review conducted pursuant to subdivision c of this section and any updates or changes made to such minimum practices on the basis of such review.
§ 2. This local law takes effect immediately.
CoJM
LS #12427, 13440
5/15/2024