California Code, Labor Code - LAB § 1107

(a)(1) “Catastrophic risk” means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a foundation model will materially contribute to the death of, or serious injury to, more than 50 people or more than one billion dollars ($1,000,000,000) in damage to, or loss of, property arising from a single incident involving a foundation model doing any of the following:

(2) “Catastrophic risk” does not include a foreseeable and material risk from any of the following:

(1) Unauthorized access to, modification of, or exfiltration of the model weights of a foundation model that results in death, bodily injury, or damage to, or loss of, property.

(2) Harm resulting from the materialization of a catastrophic risk.

(3) Loss of control of a foundation model causing death or bodily injury.

(4) A foundation model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk.