Bill > HB1521

This bill establishes the Virginia Digital Innovation and Infrastructure Act, which aims to protect rights in digital property and technology resources, and to regulate the use of artificial intelligence (AI) systems in critical infrastructure. It defines key terms like "artificial intelligence system" as a machine-based system that infers from inputs to generate outputs, and "critical infrastructure facility" as essential services like power, water, and telecommunications. The bill asserts that the rights to own and use technology resources and digital assets are protected under the state constitution, and any government restrictions on these rights must be narrowly tailored to serve a compelling government interest. For critical infrastructure facilities controlled by AI systems, companies known as "deployers" must implement a "risk management policy" to identify and mitigate potential risks, following national or international standards. Companies that adhere to these risk management policies and file annual attestations with the state may be protected from liability for damages caused by AI system failures, unless the failure was due to willful misconduct or gross negligence, or involves personal injury or wrongful death. The bill also preempts local regulations on technology resources, digital assets, and AI systems, ensuring a uniform statewide framework, while allowing local governments to regulate land use and zoning for data centers. Enforcement mechanisms include allowing individuals to sue government entities for violations and empowering the Attorney General to take action against government entities or deployers who fail to comply, with potential civil penalties. The bill clarifies that it does not authorize criminal activity or limit law enforcement's ability to investigate crimes.

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https://lis.virginia.gov/bill-details/20261/HB1521