The short answer
As of November 10, 2026, most binding AI rules in the United States are state laws, and Spezia found no federal law that overrides them. Colorado's AI Act never took effect and was replaced in May 2026, with most duties starting January 1, 2027. The EU delayed its high-risk rules to December 2027 and August 2028. Texas, Illinois and California laws are in force, and a federal order seeks to challenge state rules.
- Colorado repealed and replaced its AI Act before it took effect. Most duties in the new law start on January 1, 2027. In April, an agreed court order paused enforcement of the old law, and sources disagree on whether it reaches the new one.
- Texas, Illinois and California have AI laws in force, including California's frontier model transparency law, SB 53.
- The EU AI Act's high-risk rules were delayed to December 2, 2027 and August 2, 2028, so August 2026 is out of date for them.
- A December 2025 executive order directed the Justice Department to set up a task force to challenge state AI laws. It was created in January 2026 and merged into another task force in October 2026.
- The Senate voted 99 to 1 in July 2025 to strike a moratorium on state AI laws from the budget bill, and no preemption bill has been enacted.
- New York, Texas and Pennsylvania acted on data centers by executive action, not by statute.
Which U.S. state AI laws are in force?
These are the state laws that govern AI use and AI developers, as of November 10, 2026. Dates are effective dates unless stated.
| Law | State | What it requires | Status |
|---|---|---|---|
| Frontier AI transparency, SB 53 | California | Large frontier developers publish a safety framework and transparency reports, and report critical safety incidents to the state. Fines up to $1 million per violation | Signed September 29, 2025. In force from January 1, 2026, as reported by a law firm |
| Training data transparency, AB 2013 | California | Developers of generative AI post documentation on the data used to train it | In force by its terms from January 1, 2026 |
| AI Transparency Act, SB 942, delayed by AB 853 | California | AI providers offer a free detection tool and add disclosures to AI-generated images, video and audio | Delayed from January 1 to August 2, 2026, so now past its date |
| Companion chatbots, SB 243 | California | Operators tell users the chatbot is not human and keep a protocol on self-harm content | Signed October 13, 2025. Spezia did not confirm the operative date |
| Responsible AI Governance Act (TRAIGA), HB 149 | Texas | Bans AI built to push people toward self-harm, harm or crime, bars government social scoring and requires disclosure by government AI. The Attorney General enforces | In force since January 1, 2026 |
| Employment and AI, HB 3773 | Illinois | It is a civil rights violation for an employer to use AI that has a discriminatory effect, and employers must give notice | In force since January 1, 2026 |
| AI in therapy, HB 1806 | Illinois | Only licensed professionals may offer therapy, including through AI, and may use AI only for administrative or supplementary support | In force since August 1, 2025 |
| Artificial Intelligence Policy Act | Utah | Disclosure rules and a state sandbox | In force. Scheduled to end on July 1, 2027 unless extended |
| Responsible AI Safety and Education Act (RAISE) | New York | Large frontier developers publish safety protocols and report incidents | Signed December 19, 2025, with agreed amendments. Spezia could not confirm the effective date or final thresholds |
What happened to Colorado's AI Act?
It never took effect. The Colorado AI Act of 2024, which required care against algorithmic discrimination in high-risk systems, was first set for February 1, 2026, then pushed to June 30, 2026. On May 14, 2026, the governor signed SB 26-189, which repeals and replaces it.
The replacement covers AI used in decisions about education, jobs, housing, lending, insurance, health care and public services. Developers must give deployers documentation. Deployers must give notice and, after an adverse outcome, a plain-language explanation within 30 days. It creates no new private right of action. A law firm reports that most provisions start on January 1, 2027.
Enforcement of the old law was also paused. xAI sued over the law in April 2026, the U.S. Department of Justice moved to join, and on April 27 a magistrate judge entered an agreed order. Under it, the Attorney General will not initiate enforcement of the 2024 law until 14 days after the court rules on xAI's planned request for an injunction. Law firms disagree on whether the pause reaches the new law, so Spezia does not say what it covers.
What is the federal government doing?
It is acting by order and litigation, not by statute.
| Item | What it is | Date | Status |
|---|---|---|---|
| Executive Order 14365 | Directs the Attorney General to set up a task force to challenge state AI laws. Asks Commerce for a list of onerous state laws. Separately asks the White House AI and science advisers for a legislative proposal for one national framework, which would not preempt state rules on child safety, AI compute and data center infrastructure (other than general permitting reforms), or state government use of AI | Signed December 11, 2025 | In effect. It does not by itself repeal any state law |
| AI Litigation Task Force | Created by an Attorney General memo to challenge state AI laws | January 9, 2026 | Merged on October 13, 2026 into a new Super Intelligence Task Force, announced November 5. The only court action Spezia found tied to a state AI law is the Colorado case |
| Executive Order 14434 | Tells agencies to say "Super Intelligence" or "SI" in place of "Artificial Intelligence" or "AI", and asks for proposed legislative language on the terms within 60 days | September 29, 2026 | In effect. It does not address state laws or data centers |
| TAKE IT DOWN Act | Platforms must remove nonconsensual intimate images, including AI-made ones, within 48 hours of a valid request | Signed May 19, 2025 | In force. It is the one federal AI-related statute Spezia verified |
| Senate vote on a state AI-law moratorium | The Senate struck the moratorium from the budget bill by 99 to 1 | July 1, 2025 | The moratorium did not become law |
| White House legislative recommendations | A non-binding roadmap that favors federal preemption of state AI development rules | March 20, 2026 | Not law. Reported by law firms |
| Preemption bills in Congress | Several drafts, including a June 2026 draft that would preempt state AI laws for three years | March to June 2026 | None enacted. One is a discussion draft, not a bill |
Spezia could not confirm whether the Commerce Department published the list of onerous state laws that the order required in March 2026, and does not state that it did or did not.
What are the data center and electricity laws?
Several states have written rules to make large electricity users pay for the strain they place on the grid.
| Law or action | State | What it does | Date |
|---|---|---|---|
| SB 6 | Texas | Sets rules for planning, connecting and paying for service to large electricity users | Signed June 20, 2025 |
| HF 16, a data center regulatory bill | Minnesota | NCSL reports it removed the sales-tax exemption for large data centers and created an annual fee based on energy use | Approved June 14, 2025 |
| HB 3546, the POWER Act | Oregon | Directs the utility commission to create a separate rate class for large energy-use facilities, so they pay for their strain on the grid | 2025 session |
| Large-load cost bills | Virginia | Directs the State Corporation Commission to assign electricity costs to data centers, as reported by Inside Climate News | Signed May 14, 2026, as reported |
Three more actions are by governors, not legislatures.
- New York, July 14, 2026. The governor paused state environmental permits for new hyperscale data centers for up to a year while a statewide review is written.
- Texas, August 3, 2026. The governor directed regulators and the grid operator to audit data centers waiting to connect, and to deny connection to any that fail, according to the Associated Press. It covers the main Texas grid.
- Pennsylvania, August 18, 2026. Executive Order 2026-05 is not a moratorium. It removes AI data centers from the fast-track permit program, sets conditions for state review and bars nondisclosure agreements for data center projects.
For how local communities are acting, see data center opposition and delays.
What is the EU AI Act timeline after the delay?
The EU has delayed its high-risk rules. Regulation (EU) 2026/1744, the Digital Omnibus on AI, was adopted on July 8, 2026, published on July 24 and in force from July 27.
| Date | What applies |
|---|---|
| February 2, 2025 | Definitions, AI literacy and prohibitions |
| August 2, 2025 | Rules for general-purpose AI models |
| August 2, 2026 | Most remaining rules, including transparency rules under Article 50, and enforcement for the rules already in place |
| December 2, 2026 | A new ban on AI that generates non-consensual sexual deepfakes and child sexual abuse material |
| December 2, 2027 | High-risk AI in listed areas such as biometrics, education and employment, delayed by the omnibus |
| August 2, 2028 | High-risk AI built into regulated products such as toys and lifts, delayed by the omnibus |
A reader who remembers high-risk obligations in August 2026 is out of date. The omnibus also extended some simplified requirements for small businesses to small mid-cap companies.
What could a reader get wrong?
Four points come up often.
- Colorado. The AI Act that was in the news never took effect. The replacement mostly starts in 2027.
- The EU. August 2026 is not the high-risk date any more.
- Data centers. The New York, Texas and Pennsylvania actions are executive actions. They can change with a new governor.
- Federal preemption. An executive order and a task force are not a law. A court decides whether a state law conflicts with federal law.
What did Spezia not confirm?
Seven items, so that nobody reads more into this page than it can bear.
- The effective date and final thresholds of New York's RAISE Act.
- Whether the Commerce Department published its list of state AI laws.
- Whether the Colorado court order covers the new law.
- The operative date of California's SB 243.
- The duties under Utah's AI Policy Act, whose text Spezia did not read.
- Whether any other federal AI statute exists beyond the one verified above.
- The status of any lawsuit against California's SB 53 or AB 2013, which Spezia did not search.
Spezia is a research product, not a law firm. Nothing here is legal advice.
Open AI Intel to read the policy desk, one line per event, with the source and a label for fact, claim or speculation. Ask Spezia how a law affects your product.
Follow AI policy as it changesHow this was made
Each entry is read from the statute, the legislature's own bill page, the Federal Register, a governor's or agency's release, or the Commission's AI Act pages. Where a primary page could not be read, the entry is marked as reported and names the outlet. Status is as of November 10, 2026. Items Spezia could not confirm are listed at the end, and nothing here is legal advice.
The data was read on November 10, 2026. Figures change as new research lands, and this post is updated when they do.
Sources
- Colorado SB 26-189: automated decision-making technology, Colorado General Assembly
- Court order delays enforcement of the state's first-in-the-nation AI law, Colorado Politics
- SB 53, Transparency in Frontier Artificial Intelligence Act: digest and status, California Legislative Counsel, via CalMatters
- AB 853: delay of the California AI Transparency Act, California Legislative Counsel, via CalMatters
- HB 149, Texas Responsible Artificial Intelligence Governance Act: bill history, Texas Legislature
- Public Act 103-0804 (HB 3773), Illinois General Assembly
- Public Act 104-0054 (HB 1806), Illinois General Assembly
- Executive Order 14365, Ensuring a National Policy Framework for Artificial Intelligence, Federal Register
- Department of Justice launches Super Intelligence Task Force, U.S. Department of Justice
- Attorney General memorandum establishing the Super Intelligence Task Force, October 13, 2026, U.S. Department of Justice
- Senate Bill 6, bill history, Texas Legislature
- HF 16, bill history, Minnesota Legislature
- 2026 legislative agendas put data center incentives in the spotlight, National Conference of State Legislatures
- HB 3546, large energy use facilities, Oregon Legislature
- Virginia governor signs Dominion bills, Inside Climate News
- Governor Hochul launches the first statewide moratorium on new large data centers, Governor of New York
- Roll call vote 363, July 1, 2025, U.S. Senate
- Public Law 119-12, TAKE IT DOWN Act, U.S. Government Publishing Office
- Governor Shapiro signs executive order on data center development, Governor of Pennsylvania
- Data center approvals in Texas halted until audits completed, governor says, Associated Press, via WTOP
- Timeline for the implementation of the EU AI Act, European Commission AI Act Service Desk
- Regulation (EU) 2026/1744, Digital Omnibus on AI, EUR-Lex
Common questions
Which AI laws are in force in the United States in 2026?
State laws, mainly. California's SB 53, AB 2013 and SB 942, Texas's TRAIGA and Illinois's employment and therapy laws are in force. Colorado's replacement law mostly starts in 2027. The one federal AI-related statute Spezia verified is the TAKE IT DOWN Act.
Did the Colorado AI Act take effect?
No. It was delayed to June 30, 2026, then repealed and replaced by SB 26-189, signed on May 14, 2026. Most duties in the new law start on January 1, 2027. An agreed court order paused enforcement of the old law, and sources disagree on whether it reaches the new one.
When do the EU AI Act's high-risk rules apply?
December 2, 2027 for high-risk AI in listed areas such as employment and education, and August 2, 2028 for AI built into regulated products. The Digital Omnibus on AI, in force from July 27, 2026, delayed both from the earlier dates.
Can states still regulate AI after the executive order?
Yes. Executive Order 14365 directs a federal task force to challenge state laws, but it does not repeal any of them. Only a court or a federal statute can override a state law, and Spezia found no enacted preemption statute.
Is there a federal AI law?
Spezia verified one federal AI-related statute, the TAKE IT DOWN Act, which requires platforms to remove nonconsensual intimate images, including AI-made ones, within 48 hours. Congress has not enacted a broad AI law, and proposals to preempt state laws have not passed.
Which states have paused or limited data centers?
By executive action, New York paused state environmental permits for new hyperscale data centers for up to a year, Texas directed audits before connection to its grid, and Pennsylvania set conditions for state review. Texas, Minnesota, Oregon and Virginia passed laws on large electricity users.
Cite this
Spezia. "AI laws in force in 2026: U.S. states, the federal government and the EU" Spezia, November 10, 2026. https://spezia.ai/blog/ai-laws-in-force-2026
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