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S10415 Summary:

BILL NOS10415
 
SAME ASNo Same As
 
SPONSORGONZALEZ
 
COSPNSR
 
MLTSPNSR
 
Redesig Art 50 to be Art 60, ren §§1000 - 1003 to be §§1500 - 1503, add Art 50 §§1000 & 1001, Exec L
 
Creates the office of emerging technology; provides for its functions and duties; requires the office to submit a report to the governor and the legislature.
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S10415 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10415
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology
 
        AN ACT to amend the executive law, in relation to creating the office of
          emerging technology and providing for its functions and duties
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Article 50 of the executive law is redesignated article 60
     2  and  sections 1000, 1001, 1002 and 1003, as renumbered by chapter 770 of
     3  the laws of 1978, are renumbered sections 1500, 1501, 1502 and 1503.
     4    § 2. The executive law is amended by adding a new article 50  to  read
     5  as follows:
     6                                 ARTICLE 50
     7                        OFFICE OF EMERGING TECHNOLOGY
     8  Section 1000. Office of emerging technology.
     9          1001. Functions, powers and duties of the office.
    10    § 1000. Office of emerging technology. 1. The office of emerging tech-
    11  nology  is  hereby  created  within the executive department to have and
    12  exercise the functions, powers and duties provided by the provisions  of
    13  this  article and any other provision of law. For purposes of this arti-
    14  cle, "the office" means the office of emerging technology.
    15    2. The office shall be governed by a board consisting of the following
    16  thirteen members to be appointed as follows for two year terms:
    17    (a) the director, who shall be appointed  by  the  governor  with  the
    18  consent and approval of the senate;
    19    (b)  six  members  appointed by the temporary president of the senate,
    20  including three from the majority party  and  three  from  the  minority
    21  party; and
    22    (c)  six  members  appointed by the speaker of the assembly, including
    23  three from the majority party and three from the minority party.
    24    3. Each member shall have expertise and experience related to at least
    25  one of the following fields, disciplines, or areas:
    26    (a) the use and function of both existing and emerging technology;
    27    (b) data privacy and data security;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07110-01-5

        S. 10415                            2
 
     1    (c) civil rights, civil liberties,  and  due  process  and  procedural
     2  rights; and
     3    (d) legal representation of low-income individuals.
     4    4.  The  director shall not act in any capacity for, any organization,
     5  agency, or institutions with which the  office  makes  any  contract  or
     6  other arrangement under this article.
     7    5.  The  board shall meet at least four times each year and may estab-
     8  lish its own rules and procedures concerning the conduct of its meetings
     9  and other affairs not inconsistent with law.
    10    § 1001. Functions, powers and duties of the office. 1. The basic func-
    11  tion of the office shall be to act as the official  state  planning  and
    12  coordinating  office  for  changes in policy, practice and allocation of
    13  state resources around emerging technologies, to advise and  assist  the
    14  state  agencies in developing policies, plans and programs around emerg-
    15  ing technologies, and to provide early  indications  of  beneficial  and
    16  adverse impacts of the applications of emerging technology and to devel-
    17  op  and  coordinate information which may assist the legislature and the
    18  state in responding to emerging technologies. In carrying out such func-
    19  tion, the office shall:
    20    (a) Identify existing or probable impacts of  emerging  technology  or
    21  technological programs.
    22    (b)  Where  possible,  ascertain cause-and-effect relationships of the
    23  use of emerging technologies.
    24    (c) Identify alternative technological methods of implementing specif-
    25  ic programs.
    26    (d) Identify alternative programs for achieving requisite goals.
    27    (e) Examine current and proposed laws,  rules,  regulations,  programs
    28  and policies relating to the use of emerging technologies.
    29    (f)  Examine  currently  available  emerging technologies and evaluate
    30  their effectiveness, efficacy and accuracy, provided  that  such  evalu-
    31  ation  shall  include  the  use  of representative datasets according to
    32  targeted  populations,  and  disaggregated   testing   for   demographic
    33  subgroups by age, gender identity, and race.
    34    (g)  Propose  a  comprehensive framework of recommendations for legis-
    35  lation, regulations and standards regarding the  use  of  such  emerging
    36  technologies, if deemed appropriate including but not limited to:
    37    (i) permissible uses and purposes for use;
    38    (ii) prohibited uses and purposes for use;
    39    (iii)  minimum  standards for accuracy that emerging technologies must
    40  achieve in order to be authorized for use by the  state  and/or  public,
    41  and auditing requirements to ensure compliance with those standards;
    42    (iv)  standards  for  use,  management,  and protection of information
    43  derived from the use of emerging technology, including but  not  limited
    44  to data retention, sharing, access and audit trails;
    45    (v)  rigorous  protections  for  due process, privacy, free speech and
    46  association, and racial, gender, and religious equity;
    47    (vi) training requirements  for  state  personnel  authorized  to  use
    48  emerging technology;
    49    (vii)  procedures to address instances in which a person is wrongfully
    50  harmed based on inaccurate information derived from use of  an  emerging
    51  technology; and
    52    (viii)  disclosure  requirements for broad public transparency as well
    53  as discovery procedures.
    54    (h) Evaluate potential benefits and harms of the use of emerging tech-
    55  nologies, taking into account and analyzing the impact  of  the  use  of
    56  such systems on the workforce, human safety, inequality, governance, and

        S. 10415                            3
 
     1  impact on minorities, women, young people, seniors, lesbian, gay, bisex-
     2  ual,  transgender  and  gender-nonconforming individuals and individuals
     3  with disabilities.
     4    (i) Make estimates and comparisons of the impacts of alternative meth-
     5  ods and programs.
     6    (j) Present findings of completed analyses to the appropriate legisla-
     7  tive authorities.
     8    (k)  Identify  areas  where  additional research or data collection is
     9  required to provide adequate support for the assessments  and  estimates
    10  described in this section.
    11    2.  Assessment  activities  undertaken  by the office may be initiated
    12  upon the request of:
    13    (a) The director of the office with majority approval of the board;
    14    (b) The chair of any committee of either house of the legislature,  or
    15  of  any  committee  of  the  legislature,  acting for themself or at the
    16  request of the ranking minority member or a majority  of  the  committee
    17  members; or
    18    (c) The commissioner of any state agency.
    19    3.  The  office is authorized to hold public hearings and meetings and
    20  to consult with any relevant stakeholders it deems appropriate or neces-
    21  sary to seek assistance, data, or other information that will enable the
    22  office to carry out its powers and duties.
    23    4. The director may appoint assistants, and other officers and employ-
    24  ees, committees and consultants as  the  director  may  deem  necessary,
    25  prescribe their powers and duties, and fix their compensation within the
    26  amounts appropriated.
    27    5.  The  office may request and receive from any department, division,
    28  board, bureau, commission or other agency of the state  any  information
    29  and  resources  that  will  enable  the office to properly carry out its
    30  functions, powers and duties.
    31    6. The director may enter contracts or other arrangements  as  may  be
    32  necessary  for  the  conduct  of  the work of the office with any agency
    33  within the state, or with any person, firm, association, corporation, or
    34  educational institution with  or  without  reimbursement  and  may  make
    35  advance,  progress  and other payments which relate to the duties of the
    36  office.
    37    7. The office shall submit a report to the governor,  the  speaker  of
    38  the  assembly and the temporary president of the senate, and any assess-
    39  ment requester no later than one year after the effective date  of  this
    40  article  and annually thereafter, such report shall contain, at minimum,
    41  a summary of the findings of the office required by  this  section.  The
    42  report  shall  also  be  published  on  the website of the office of the
    43  governor.
    44    § 3. This act shall take effect one year after it shall have become  a
    45  law.
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