News Commerce Dept State AI Laws Assessment 2026
The Department of Commerce Assessment of State AI Laws was published on March 11, 2026, identifying several state-level AI laws as "onerous" and in conflict with national AI policy.[1][2]
Background
The assessment was mandated by the December 2025 Executive Order on AI, which directed the Commerce Department to evaluate whether state AI laws were creating undue burdens on AI development and interstate commerce.[1][2]
Laws Identified as Onerous
The assessment specifically called out the following state laws:[1]
- Colorado AI Act (effective June 30, 2026) — imposes obligations on developers and deployers of high-risk AI systems[1]
- California Transparency in Frontier AI Act (SB 53) — requires transparency for frontier AI model development[1]
- California Generative AI Training Data Transparency Act (AB 2013) — mandates disclosure of training data used in generative AI[1]
- New York RAISE Act (signed December 19, 2025) — imposes safety and transparency requirements on AI systems[1]
Key Findings
- These state laws may violate the First Amendment by requiring AI output alterations or mandatory disclosures[1]
- They create an inconsistent patchwork of regulations burdening interstate commerce[2]
- Federal preemption is warranted to maintain national competitiveness in AI development[2]
Significance
This assessment is a key piece of the federal government's strategy to preempt state AI regulation.[2] It provides the factual basis for the DOJ AI Litigation Task Force's court challenges and the White House National AI Legislative Framework's call for broad federal preemption.[1][2]