United States - Ohio - AI Regulation (HB 392)

Overview

The Ohio Right to Compute Act, House Bill 392 (HB 392), introduced in the 136th General Assembly (2025-2026), seeks to enact section 9.89 of the Revised Code. The primary goals are to limit further regulation of certain computational systems and to require risk management policies for artificial intelligence (AI) systems controlling critical infrastructure. This legislation aims to establish guidelines for the use and regulation of computational resources, particularly AI systems, within Ohio.

Definitions

The bill defines key terms pertinent to its scope. These include "computational resource" and "AI system," though specific detailed definitions are found within the bill text itself. It also defines "compelling governmental interest" as a basis for any restrictions on computational resources.

Governance and Institutional Framework

HB 392 proposes that no political subdivision or state agency shall enact, adopt, enforce, or maintain any law, rule, regulation, permit requirement, or other administrative practice that restricts or prohibits any person's lawful use, development, deployment, or possession of a computational resource. Such restrictions are only permissible if they are narrowly tailored to achieve a compelling governmental interest.

Key Focus Areas

• Regulation of Computational Systems: The act limits the ability of state agencies and local governments to restrict the use of computational resources. Any such restrictions must be narrowly tailored to address a compelling governmental interest.
• AI-Controlled Critical Infrastructure: Entities operating AI systems that control critical infrastructure are required to implement comprehensive risk management policies. These policies must align with established national and international standards, such as frameworks from the National Institute of Standards and Technology (NIST) and other international standardization organizations.
• Compelling Governmental Interests: The bill outlines specific compelling governmental interests that may justify restrictions. These include protecting critical infrastructure, preventing fraud, safeguarding minors from harmful AI-generated content (like deepfakes), and managing public nuisances related to data center infrastructure.
• Exemptions: The requirements for AI risk management do not apply to AI systems performing only nonexecutive tasks or those that serve as cybersecurity tools. Basic procedural tools are also exempted.
• Intellectual Property Rights: The legislation explicitly protects intellectual property rights, ensuring it does not interfere with existing patent, trademark, copyright, and trade secret protections.

Implementation Framework

As a proposed bill, the implementation framework is currently in the legislative process. Should it pass, it would enact section 9.89 of the Revised Code.

Monitoring and Evaluation

Details regarding specific monitoring and evaluation mechanisms are not extensively detailed in the publicly available summaries of the introduced bill. Compliance with risk management policies for AI-controlled critical infrastructure would likely be subject to existing regulatory oversight bodies responsible for critical infrastructure.

Penalties, Liability, and Appeals

The publicly available summaries of the introduced bill do not extensively detail specific penalties, liability provisions, or appeal processes. These aspects would typically be elaborated during the legislative drafting and amendment process.

Relationship to Other Instruments

The bill requires AI risk management policies for critical infrastructure to align with national and international standards, including those from the National Institute of Standards and Technology (NIST) and other international standardization organizations.

International Alignment

The legislation references alignment with national and international standards for AI risk management, particularly concerning AI systems in critical infrastructure.

Implementation Timeline

Date	Milestone	Status
2025-07-07	Introduced in the House	Proposed
2025-09-15	Referred to House Technology and Innovation Committee	Under Review
2025-11-13	House Technology and Innovation Committee, 3rd Hearing (Opp/IP Testimony)	Under Review

Compliance Checklist

Requirement	Description	Deadline
Limit on Governmental Restrictions	State agencies and political subdivisions must not restrict computational resources unless narrowly tailored to a compelling governmental interest.	Upon enactment
AI Risk Management Policy	Entities operating AI systems controlling critical infrastructure must implement comprehensive risk management policies aligned with national/international standards (e.g., NIST).	Upon enactment
Protection of Intellectual Property	Ensure actions do not interfere with existing patent, trademark, copyright, and trade secret protections.	Ongoing

Sources and References

Source	Type
House Bill 392 | 136th General Assembly - Ohio House of Representatives	Official Gazette
OH HB392 - BillTrack50	Legal Database
HB392 | Ohio 2025-2026 | Enact the Ohio Right to Compute Act - PolicyEngage	Legal Database
Bill tracking in Ohio - HB 392 (136 legislative session) - FastDemocracy	Legal Database
Ohio Right to Compute: A Bold Vision for Technology Leadership in the Intelligence Era	Academic Paper