What does President Trump’s new executive order on AI mean for California?
California has numerous laws on the books that could be targeted by President Donald Trump’s new executive order on AI, and the order could create a chilling effect on regulatory efforts as the state Legislature gears up to return to session.
Targets could include several laws passed during the 2025 legislative session, like SB 53, which requires frontier AI companies to enact and publish safety protocols and report missteps to the Office of Emergency Services.
Members of the federal government have been stymied twice before in their quest to pre-empt state laws and create a uniform system of regulating AI. This executive order signals a new approach and hearkens back to Trump’s early days in office.
“This Order does not mean the Administration will challenge every State AI law. Far from it,” David Sacks, the White House’s artificial intelligence and cryptocurrency czar, wrote on X Thursday night. “The focus is on excessive and onerous State laws.”
California’s Gov. Gavin Newsom decried the order soon after it was signed.
“President Trump and David Sacks aren’t making policy — they’re running a con. And every day, they push the limits to see how far they can take it.” Newsom wrote in an emailed statement. A recent New York Times analysis found Sacks has hundreds of investments in technology companies that could benefit from his policies.
Meanwhile, advocates for AI regulation are encouraging state-level lawmakers to not be deterred.
“This executive order is mostly posturing and political theater,” said Mekela Panditharatne with the Brennan Center for Justice at NYU Law.
“There isn’t all that much in the executive order that creates an immediate risk for states.”
What the order entails
Broadly, the order establishes that it’s the intention of the administration to create a “minimally burdensome national policy framework for AI.”
To do this, it orders the creation of an AI Litigation Task Force to challenge state AI laws, directs agencies to publish an evaluation of existing state AI laws, and uses federal funds for broadband access as a bargaining chip.
The administration has said it will not pre-empt state laws that have to do with child safety, AI and data center infrastructure, and state government use of AI. Simultaneously, the executive order asserts the executive branch will craft a legislative recommendation “establishing a uniform Federal policy framework for AI,” although the order provided no specifics on what that would look like.
California elected officials protest
Trump’s move spurred immediate response from California officials, including State Sen. Scott Wiener, who authored SB 53.
“Trump declares war on state AI laws, including a law I passed to ensure transparency of AI safety protocols. He’s doing so purportedly to promote U.S. AI ‘dominance.’,” Wiener wrote on X Thursday night.
“Of course, he just authorized chip sales to China & Saudi Arabia: the exact opposite of ensuring U.S. dominance.”
Foreign relations experts and some lawmakers have argued that the Trump administration’s decision last month to allow Nvidia to sell artificial intelligence chips to China is a concession to the country in the AI race.
“To truly unleash innovation in artificial intelligence, the Trump Administration should instead be bolstering federal agencies, investing in research universities, and growing our talent pipeline — both American and foreign born,” wrote Senator Alex Padilla in a statement Thursday night.
“The Trump Administration is attacking state leadership and basic safeguards in one fell swoop.”
Alexandra Givens, the president of the national nonpartisan, nonprofit Center for Democracy & Technology, warned the intention was to “chill” state-level legislation, “while doing nothing to address the real and documented harms these systems create.”
California lawmakers have signaled their desire to keep legislating in the AI space as their new session approaches. A hearing Monday discussed the feasibility of a bill that would force AI companies to be more transparent about what materials were used to train their models.
Assemblymember Rebecca Bauer-Kahan, D-Orinda, co-led the hearing and has been active in advocating for stronger regulations of AI companies.
“This order is legally dubious and morally indefensible,” she said in an emailed statement Friday morning. “We will fight this unconstitutional overreach and defend our right to protect Californians from technologies that cause real harm to real people.”
