New SMC rules for using autonomous, AI-controlled robots

The San Mateo County Board of Supervisors has voted 4-0 to establish what County officials believe is a first-of-its-kind permitting system for businesses using autonomous, AI-controlled robots in unincorporated areas.

The ordinance, introduced by Supervisor Ray Mueller, addresses battery fires and other public safety risks as well as potential impacts on workers. The goal is to put rules in place before the technology becomes commonplace in restaurants, hotels, stores and other workplaces.

“This model ordinance addresses the reasonably foreseeable impact of humanoid robots entering commercial workspaces,” said Mueller, who previously was Mayor of Menlo Park. “The ordinance addresses both fire and first responder safety concerns, as well as providing worker protections for those displaced by this emerging technology. I expect the ordinance will continue to be iterated over time. What we cannot address, at the County level, is certifying that the AI systems powering these robots are safe. I want to encourage our Federal and State partners to pursue such a safety certification system.”

The ordinance applies to businesses in unincorporated San Mateo County and does not prohibit the use of AI-controlled robots.

Instead, businesses must apply for a permit for robots that use cameras or sensors, operate at least partially without human control in areas accessible to the public or workers and are powered by rechargeable lithium-ion batteries.

To receive a permit, businesses must provide information about the robot’s manufacturer, safety record and recalls. They must also demonstrate compliance with applicable requirements involving battery safety, accessibility, privacy and food safety.

Businesses must also submit an Economic Impact Assessment and a Workforce Mitigation Plan. The mitigation plan requires the establishment to commit to one of three options for any displaced workers: redeployment with at least equal pay, 60 days’ notice plus severance, or payment of a new “County Automation Impact Fee” into a Workforce Retraining Fund.

Lithium-ion batteries can enter a condition known as “thermal runaway,” resulting in fires that can reignite, release toxic gases and require specialized equipment and training by first responders. The ordinance requires businesses to pay a fee to help fire agencies cover the cost of specialized equipment, inspections and training.

The ordinance is scheduled to return to the Board of Supervisors for final adoption and, if adopted, would take effect 30 days later.