Loading Act’s author on New York’s AI agenda

Kristen Gonzalez was elected in 2022 to the state Senate in a newly redrawn district covering a swath of northwestern Queens. She was appointed to the Senate Internet and Technology Committee where she authored some of the nation’s first state-level regulations into artificial intelligence, including the Legislative Oversight of Automated Decision-making in Government, or the Loading Act, which requires state government agencies to disclose when they’re operating AI technology and prohibits its use in some cases, and banning the use of deep fakes in political communications. This interview has been edited for length and clarity.

Last year, you were the driver behind the Loading Act. What exactly does it do, and what does it not do?

I introduced the Loading Act at the end of my first session in 2023. At that point it was closer to the name, and (the) intent was to have more legislative oversight (on) how artificial intelligence is used in state government. We know AI and automated decision-making systems have been around a long time and are currently in use, but with the rise of generative AI, it’s really important to make sure we’re protecting New Yorkers and using these tools in the safest possible way. 

We introduced that bill, we were able to pass that bill and got a chapter version of that bill signed by the governor. That’s the public sector AI and worker protection law. What this bill does is require an inventory of automated decision-making tools and it’s the first of its kind AI legislation that specifically calls out labor protection for state employees.

I’m really proud that this bill is the first in the nation to have labor protections for state workers as it pertains to artificial intelligence. The urgency for this type of legislation, based on what we’re seeing in the federal government right now, is that other public sector workers are experiencing mass layoffs and the introduction of generative intelligence into the workplace. We passed a bill with the AFL-CIO that protected state workers in New York at a time when we’re seeing federal workers threatened by automation and layoffs as well.

In addition the labor protections and chapter version of this bill requires a specific disclosure of automated employment decision-making tools in state agencies, including tools for hiring, wages, selection for recruitment, discipline, promotion and termination. According to the bill, this disclosure has to be posted publicly by Dec. 30, 2025.

From a worker standpoint, we not only have labor protections in the bill, we have (an) employment tool transparency, which is deeply impactful on employment decisions. I’m really proud on both ends, this is a worker justice piece of legislation.

What other legislation have you passed dealing with AI – and specifically how it impacts workers in New York?

Last legislative session, I passed an act that will regulate the use of AI and deep fakes in elections. We started by regulating the use of these tools and their impact on elections as an extension of that impact on democracy. We continued to regulate AI by looking at its impact on the public sector and the state government. If we’re going to create a world that works for all of us and working-class New Yorkers, we need to make sure we’re holding our government to a gold standard and, by that turn, look at the private sector and look at how they’re impacting workers broadly.

It wouldn’t make sense to continue to regulate the private sector if we aren’t holding ourselves to a high standard as well.

What’s on your agenda in terms of AI and worker protections for 2025?

This year, I introduced the New York AI Act, which is a private sector regulation bill. It regulates high-risk AI. It’s a substantial tool that will factor in a consequential decision in a New Yorker’s life. And it has a material impact on the rights and civil liberties and welfare of that New Yorker.

We look at really focusing on high-risk use cases of what we already know on generative AI and by regulating the use of that. We’re not necessarily regulating the use of technology but making sure we’re using this technology responsibly.

It protects workers when they’re reporting on unlawful activities of developers and employers. These whistleblower protections are key to protecting workers.

The other things I would call out are a consumer protection bill, which gives consumers the ability to opt out and appeal decisions made using AI that have impacted their rights and civil liberties.

There’s also the New York Workforce Stabilization Act which requires certain businesses to conduct AI impact assessments on how they’re using AI tools and submit those assessments to the Department of Labor. What this bill will look at through this is amending labor law and giving the Department of Labor a chance at how AI is impacting employees in the private sector with regards to automation.

State Sen. Brad Hoylman-Sigal is the sponsor of another bill dubbed the Bot Act, which would protect workers from employment decisions made by AI. Have you signed on to that? How would that work?

The bill is complementary to our bill. The reasons the bills complement each other (is they) restrict the use of technology by an employer to use automatic monitoring to screen an employee for an employment decision. It would also restrict its use by an employment agency.

It’s important we’re passing both. Employment and hiring directly relates to someone’s livelihood and that would be considered a high-risk application of bots and AI tools. This work is complementary to what we’ve done before and to our New York AI Act, which looks to protect New Yorkers in specifically high-risk contacts.

Apart from AI, are there other ways in which the internet and technology are impacting workers in New York – and other potential policy changes you’re exploring?

We’re looking at ways to discuss worker justice, such as including a chief AI officer bill that helps set guidance for use of technology to convene the public and private sector. I also have a chatbot bill that’s the result of misinformation spread in the last year.

We had this conversation about what we need to do to educate our workforce to use these new technologies.

I don’t think there are many folks who will be untouched by new technology and we’re already seeing this. If we don’t have these conversations and plans, we won’t be prepared and we won’t set up New Yorkers for success. 

I want to use this committee to plan a positive vision and innovate the private sector while protecting consumers. I want to see the possibility of a four-day workweek because we can use these tools effectively. There’s so many opportunities here through the committee and I want to push us and organize the legislature to realize that vision.

What other worker-oriented bills are a focus for you this session? 

There’s a bill that we’re working on, I don’t think it’s fully ready in its current form, but as a representative of Long Island City, we have many apprenticeship centers for the trades. We want to make sure the state government is expanding union jobs and increasing the number of apprenticeship slots that exist.

It’s a work in progress but it’s inspired by a trip that I took to Sweden as part of a legislative delegation that went last year. What we saw in Sweden was a workforce that was largely unionized. The trip was centered on renewable energy in the green economy and how intertwined the union workforce was with our ability to run on renewable energy and reduce emissions. That was held by the Cornell labor relations school and they did a phenomenal job to take us to another country and inspire legislation in New York.

We also need to make sure that tech worker unionizing needs to be amplified, whether it’s Amazon, Alphabet or others. They’re in solidarity with other unions that exist, and we need to build organizing across the board.