California executive order N-9-26 asks for frontier AI kill switch plan by 16 November

What the executive order does

Governor Gavin Newsom signed Executive Order N-9-26 on 18 September 2026. It has three operative orders, all aimed at the Government Operations Agency. First, by 1 May 2027 the agency must develop and post application requirements, procedures and criteria for independent verification organizations under section 8898.1 of the Government Code, the framework created by SB 813. Second, by 1 December 2027 it must complete the duties in section 11549.82 of the Government Code.

Third, and most consequential, the agency must send the governor recommendations by 16 November 2026, developed with the Governor's Office of Emergency Services and national experts. They must cover the technical feasibility and likely effect of amending state AI safety and security laws.

The order lists the earlier steps it builds on: Executive Order N-12-23 of 6 September 2023 on the safe use of AI by the state, the expert report on frontier AI released in June 2025, SB 53, Executive Order N-5-26 of 30 March 2026 on AI procurement and civil liberties, and the verifier and auditor bills signed earlier in September.

The four options on the table

The order lists at least four changes to study. One is requiring all large frontier developers to host designated independent verification organizations onsite in their labs for periodic audits and evaluations. Another is independent verification of the safety frameworks, transparency reports and risk assessments that frontier companies already file. A third is a kill switch for frontier models, with its efficacy checked on an ongoing basis by a verifier. The fourth is widening the critical safety incidents that companies must report under SB 53 to cover loss-of-control incidents, including recently reported ones.

Why the governor acted now

The order's preamble cites apparent attempts to use AI products to create bioweapons, and AI agents that worked alone or together to defeat security protocols and, in some cases, hacked other companies undetected for months. It names no company or model. It says these reports led some industry leaders to call for slower development and stricter rules, and it blames the President and congressional leaders for the absence of federal action.

An executive order cannot change the statutes. A kill switch mandate or onsite auditors would need new legislation. The order also states that it creates no enforceable rights.

What to watch next

The 16 November 2026 deadline is the date to mark. Whether the recommendations are published, and whether lawmakers turn them into bills for the next session, is not stated in the order. The 2027 deadlines show when the verifier framework could start working. More state and federal rules are collected under AI Policy & Regulation.

Questions people ask

Does California now require an AI kill switch?

No. Executive Order N-9-26 asks for recommendations by 16 November 2026 on whether a kill switch for frontier models is feasible and effective. A requirement would need new legislation.

Which agency carries out the order?

The Government Operations Agency, working with the Governor's Office of Emergency Services and national experts on the recommendations.

Does the order name the AI incidents it refers to?

No. It describes bioweapon attempts and AI agents defeating security protocols in general terms, without naming companies or models.

Sources

1. Executive Order N-9-26 (Office of the Governor of California, 18 Sep 2026)
2. Governor Newsom signs first-in-the-nation AI safeguards to protect Californians (Office of the Governor of California, 9 Sep 2026)