On February 20, the Virginia General Assembly passed the High-Risk Artificial Intelligence Developer and Deployer Act. If signed into law, Virginia would become the second state, after Colorado, to enact comprehensive regulation of “high-risk” artificial intelligence systems used in critical consumer-facing contexts, such as employment, lending, housing, and insurance.

The bill aims to mitigate algorithmic discrimination and establishes obligations for both developers and deployers of high-risk AI systems. 

So how does this compare to Colorado’s law? Virginia defines “high-risk” more narrowly—limiting coverage to systems that are a “substantial factor” in making a consequential decision, whereas the Colorado law applies to systems that serve as a “substantial” or “sole” factor. Colorado’s law also includes more prescriptive requirements around bias testing and impact assessment content, and provide broader exemptions for small businesses. 

Putting It Into Practice: If enacted, the Virginia AI law will add to the growing patchwork of state-level AI regulations. In 2024, at least 45 states introduced AI-related bills, with 31 states enacting legislation or adopting resolutions. States such as California, Connecticut, and Texas have already enacted AI-related statutes . Given this trend, it is anticipated that additional states will introduce and enact comprehensive AI regulations in the near future. 

Leave a Reply

Your email address will not be published. Required fields are marked *