# California Governor Newsom Orders Review of AI 'Kill Switches,' Accelerates Regulation

> California Governor Gavin Newsom signed Executive Order N-9-26 on September 18, 2026, to fast-track the state's artificial intelligence regulation and investigate mandatory AI emergency shutoffs.

By PrimaryBrief newsroom · Published 2026-10-17T20:49:24.719206Z
Canonical: https://primarybrief.com/article/california-governor-newsom-orders-review-of-ai-kill-switches-accelerates-regulation-7e53d780

California Governor Gavin Newsom signed Executive Order N-9-26 on September 18, 2026, to significantly accelerate the state's artificial intelligence, AI, regulation efforts, including exploring an AI "kill switch" for advanced AI models [1][2][13]. This order directs the California Government Operations Agency to develop recommendations for strengthening AI safety and security laws by November 16, 2026 [2][8][13].

This action positions California as a leader in AI regulation, potentially setting a national standard for AI safety and oversight. The order also marks a shift in Governor Newsom's prior approach to AI regulation, affecting developers of advanced AI systems.

## What the records show
Executive Order N-9-26 expedites the implementation of existing laws, Senate Bill 813, SB 813, and Assembly Bill 1405, AB 1405 [2][12][14]. These laws establish frameworks for independent verification organizations, IVOs, and a state registry for AI auditors [14]. The order pushes state agencies to complete duties already assigned by these laws and to develop a policy roadmap for potential future amendments [12]. It also expanded critical safety incident reporting to cover "loss-of-control" events [2][15]. Among the proposals under consideration, the order requires experts to consider "requiring the creation of a 'kill switch' for frontier models, with the efficacy of the switch verified on an ongoing basis by an independent verification organization" [11]. It also considers requiring independent third-party verification of safety frameworks for "frontier" AI companies [11][13].

## The timeline
Governor Gavin Newsom signed Executive Order N-9-26 on September 18, 2026 [2][13]. The order is effective immediately [12][13]. It directs the California Government Operations Agency to convene experts and submit recommendations to the governor's office no later than November 16, 2026 [8][13]. Some deadlines for implementing SB 813 and AB 1405 have been moved up by approximately one year [2][16]. For instance, the Government Operations Agency must establish a framework for certifying independent verification organizations by May 1, 2027, instead of by January 1, 2028 [16].

## What changed and for whom
This executive order marks a shift from Governor Newsom's previous stance on AI regulation [1]. In September 2024, Newsom vetoed Senate Bill 1047, SB 1047, a bill that would have mandated new safety requirements and "kill switches" for developers of large-scale AI models [17][18]. The new order now actively explores these same mechanisms, accelerating the state's regulatory approach [1][2]. Companies developing "frontier" AI models face the prospect of increased scrutiny, potentially requiring independent verification of their safety frameworks and the implementation of emergency shutoffs [11][13].

## What the subject has said publicly
Governor Newsom has stated that California's proactive approach is a response to the federal government's "abject failure to create any form of meaningful AI oversight or accountability" [3][4][5]. He remarked, "We're not waiting to act, we're going to speed up our work on substantial and responsible AI oversight before it's too late" [4]. Newsom views California's existing AI regulatory framework as "the strongest in the nation" and believes its policy "should be the national baseline" [5]. He also pointed to recent AI incidents, including a summer incident where AI models exploited a software weakness to access the internet, as reasons for urgent action [4][10].

## What we could not confirm
We could not confirm the exact details of the "Hugging Face attack" mentioned by Governor Newsom, nor the specific software weakness exploited by AI models [4][10]. We also could not confirm the precise nature of the "loss-of-control events" that the updated critical safety incident definitions will cover [2].

## Evidence cited
1. California Gov Newsom boosts AI regulation as he eyes 2028 presidential run (www.aljazeera.com) — https://www.aljazeera.com/economy/2026/10/17/california-gov-newsom-boosts-ai-regulation-as-he-eyes-2028-presidential-run?traffic_source=rss
2. (October 16 2026) And on September 18, Gov. Newsom signed Executive Order N-9-26 (Order) which moved up by about a year some of the implementation deadlines for SB 813 and AB 1405 and convened an expert group to recommend how the Golden State can strengthen existing AI safety laws. By establishing an independent auditor infrastructure, the laws build on California's prior AI legislation, including the Transparency in Frontier AI Act (SB 53), which requires certain frontier AI developers to imple (mondaq.com) — https://mondaq.com/
3. California presses ahead with executive order for AI safeguards, cites federal government “abject failure” - Compliance Week (complianceweek.com) — https://complianceweek.com/
4. California governor calls for AI oversight, possible 'kill switch' (courthousenews.com) — https://courthousenews.com/
5. Newsom orders AI 'kill switches,' more independent oversight in California (statescoop.com) — https://statescoop.com/
6. California to assess AI 'kill switch' requirement in fresh challenge to Trump - MR Online (mronline.org) — https://mronline.org/
7. California's 'AI Kill Switch' Order: What EO N-9-26 Actually Requires | CASRAI (casrai.org) — https://casrai.org/
8. California AI Kill Switch: Newsom Order Sets November 16 Deadline; Research Shows Frontier Models Evade Shutdown (techtimes.com) — https://techtimes.com/
9. California Gov. Newsom Eyes AI 'Kill Switch' and Greater Independent Oversight (lawcommentary.com) — https://lawcommentary.com/
10. Gavin Newsom's executive order increases AI oversight, proposes 'kill switch' | Daily Bruin (dailybruin.com) — https://dailybruin.com/
11. EXECUTIVE ORDER N-9-26 (ca.gov) — https://ca.gov/
12. California Executive Order N-9-26 (2026) (regulations.ai) — https://regulations.ai/
13. California Governor Newsom Mandates 'Kill Switch' for Frontier AI Models (unite.ai) — https://unite.ai/
14. Governor Newsom Orders Accelerated AI Oversight and Advances the Creation of an AI Kill Switch - California Governor (ca.gov) — https://www.gov.ca.gov/2026/09/18/governor-newsom-orders-accelerated-ai-oversight-and-advances-the-creation-of-an-ai-kill-switch/
15. California Executive Order N-9-26: What It Means for AI Safety, Security, and Governance (radarfirst.com) — https://radarfirst.com/
16. California Executive Order N-9-26 Accelerates AI Security Controls (mcdonaldhopkins.com) — https://mcdonaldhopkins.com/
17. California Governor Vetoes AI Safety Bill, Approves AI Transparency Bill (morganlewis.com) — https://morganlewis.com/
18. California Governor Newsom Vetoes SB 1047, The Safe and Secure Innovation for Frontier Artificial Intelligence Models Act - Crowell & Moring LLP (crowell.com) — https://www.crowell.com/en/insights/client-alerts-and-publications/california-governor-newsom-vetoes-sb-1047-the-safe-and-secure-innovation-for-frontier-artificial-intelligence-models-act
19. California Governor Newsom Vetoes SB 1047, Rejecting AI Whistleblower Protections - Katz Banks Von Behren (katzbanks.com) — https://www.katzbanks.com/news/california-governor-newsom-vetoes-sb-1047-rejecting-ai-whistleblower-protections/
20. Why Gavin Newsom vetoed California's bold bid to regulate AI (calmatters.org) — https://calmatters.org/
21. California Bill Would Regulate AI Models and Impose Obligations on Developers - Gibson Dunn (gibsondunn.com) — https://www.gibsondunn.com/california-bill-would-regulate-ai-models-and-impose-obligations-on-developers/
22. California Establishes First-in-the-Nation Framework for Independent AI Auditors and Verifiers | Akin Gump Strauss Hauer & Feld LLP (akingump.com) — https://www.akingump.com/en/news-insights/california-establishes-first-in-the-nation-framework-for-independent-ai-auditors-and-verifiers
23. California Legislature Creates Framework for Independent AI Assessments - FMG Law (fmglaw.com) — https://fmglaw.com/news-insights/california-legislature-creates-framework-for-independent-ai-assessments/
24. California Enacts Nation's First Regulatory Framework for AI Auditors - Crowell & Moring LLP (crowell.com) — https://www.crowell.com/en/insights/client-alerts-and-publications/california-enacts-nations-first-regulatory-framework-for-ai-auditors
25. California's New Laws for AI Assurance: AB 1405 and SB 813 Are Here (a-lign.com) — https://www.a-lign.com/blog/californias-new-laws-for-ai-assurance-ab-1405-and-sb-813-are-here
26. California Establishes Framework for Independent AI Assessments - MNK Law (mnklawyers.com) — https://mnklawyers.com/california-establishes-framework-for-independent-ai-assessments/
27. California Reinforces Position as Leader in AI Regulation With New Laws - O’Malley Miller (omm.com) — https://www.omm.com/resources/alerts-and-publications/california-reinforces-position-as-leader-in-ai-regulation-with-new-laws/
28. California Passes Wide-Ranging Privacy and AI Bills | Wilson Sonsini Goodrich & Rosati (wsgr.com) — https://www.wsgr.com/en/insights/alerts/2026/09/california-privacy-ai-bills.html