AB1242 - Language access.

Amended IN Senate July 09, 2025 Amended IN Assembly May 23, 2025 Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1242 Introduced by Assembly Members Nguyen and Lee (Coauthors: Assembly Members Bonta, Krell, and Celeste Rodriguez) February 21, 2025 An act to amend Sections 7295.2, 7295.4, 7296.2, 7299.3, 7299.4, and 7299.6 of the Government Code, and to add Division 115 (commencing with Section 135000) to the Health and Safety Code, relating to language access. LEGISLATIVE COUNSEL'S DIGEST AB 1242, as amended, Nguyen. Language access. Existing law, the Dymally-Alatorre Bilingual Services Act, requires every state agency directly involved in the furnishing of information or the rendering of services to the public where contact is made with a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public in the language of the non-English-speaking person, except as specified. The act requires every state agency that serves a substantial number of non-English-speaking people and provides materials in English explaining services to also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency, as specified. The act also requires a state agency to distribute certain written materials in the appropriate non-English language or provide other specified translation assistance at its statewide and local offices and facilities if the state agency finds, among other things, that the statewide or local office or facility serves a substantial number of non-English-speaking persons, as specified. persons. The act defines “substantial number of non-English-speaking people” to mean members of a group who either do not speak English or who are unable to effectively communicate in English because it is not their native language, language and who comprise 5% or more of the people served by the state agency, as specified. This bill would revise the definition of “substantial number of non-English-speaking people” to also include persons include the higher of either the people served by or eligible to be served by the state agency, agency and would make related conforming changes to the act. The act requires each state agency to conduct a language survey of each of its statewide and local offices every 2 years to determine and provide, among other things, the number and percentage of non-English-speaking people served by each statewide and local office, broken down by native language. The act requires each state agency to develop and update an implementation plan that provides a detailed description of how the agency plans to address any deficiencies in meeting the requirements of the act, as specified. The act authorizes a state agency to rely upon data gathered from its most recent language survey in developing its implementation plan. This bill would revise and recast the above-described language survey requirements to instead require each state agency to conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people, as specified. The bill would require a state agency to utilize specified information in conducting the assessment and survey and in developing and updating the above-described implementation plan, including, among other things, the most recent census data from the United States Census Bureau. The bill would authorize a state agency to rely on its most recent survey and assessment in developing its implementation plan. The act requires each state agency to report to the Department of Human Resources the language survey results, its implementation plan, and any additional information requested by the department, as specified. The act requires the department to review the results of the surveys and implementation plans, compile that data, and provide a report to the Legislature every 2 years that identifies significant problems or deficiencies and propose solutions where warranted. This bill would include each state agency’s most recent language assessment in the materials required to be reported to and reviewed by the department, department and would require the department’s report to the Legislature to include each state agency’s language assessment, survey results, and implementation plan. This bill would also establish the position of Language Access Director, within require the California Health and Human Services Agency, Agency to designate a Language Access Director to ensure individuals with limited English proficiency and individuals who are deaf or hard of hearing have meaningful access to government programs and services. This bill would require the Language Access Director to, among other things, lead the implementation, monitoring, and periodic updating of every Language Access Plan within the agency and coordinate with language access coordinators throughout the agency to implement each Language Access Plan. The bill would require the Language Access Director, commencing no later than January 1, 2027, to engage communities with limited English proficiency and deaf and hard of hearing communities to assist in expanding access to the programs and services provided by the California Health and Human Services Agency and the various departments and offices within the agency. This bill would require the Language Access Director to develop a Language Access Plan Guidance Document to support its various departments and offices in the development of their Language Access Plans. The bill would require each department and office within the agency to develop a Language Access Plan, as specified. The bill would require the California Health and Human Services Agency to allocate, from a specified appropriation, sufficient funds to implement and carry out the provisions relating to the Language Access Director and Language Access Plans. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares that this act aligns with Executive Order No. N-16-22, which committed to strengthening equity and language access, and the California Health and Human Services Agency’s Language Access Plan Guidance Document. SEC. 2. Section 7295.2 of the Government Code is amended to read: 7295.2. Every state agency that serves or is eligible to serve a substantial number of non-English-speaking people and that provides materials in English explaining services shall also provide the same type of materials in any non-English language spoken by a substantial number of the public served or that is eligible to be served by the agency. Whenever notice of the availability of materials explaining services available is given, orally or in writing, it shall be given in English and in the non-English language into which any materials have been translated. This section shall not be interpreted to require verbatim translations of any materials provided in English by a state agency. SEC. 3. Section 7295.4 of the Government Code is amended to read: 7295.4. Whenever a state agency finds that the factors listed in both subdivisions (a) and (c) or (b) and (c) exist, it shall distribute the applicable written materials in the appropriate non-English language through its statewide and local offices or facilities to non-English-speaking persons, or, as an alternative, the state agency may instead elect to furnish translation aids or translation guides or provide assistance, through use of a qualified bilingual person, at its statewide and local offices or facilities in completing English forms or questionnaires and in understanding English forms, letters, or notices: (a) The written materials, whether forms, applications, questionnaires, letters, or notices solicit or require the furnishing of information from an individual or provide that individual with information. (b) The information solicited, required, or furnished affects or may affect the individual’s rights, duties, or privileges with regard to that agency’s services or benefits. (c) The statewide or local office or facility of the agency with which the individual is dealing, serves or is eligible to serve a substantial number of non-English-speaking persons. people. SEC. 4. Section 7296.2 of the Government Code is amended to read: 7296.2. As used in Sections 7292, 7295.2, 7295.4, 7299.3, and 7299.4, a “substantial number of non-English-speaking people” are members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, language and who comprise 5 percent or more of the people served or eligible to be served by the statewide or any local office or facility of a state agency. higher of either of the following: (a) The people served by the statewide or any local office or facility of a state agency. (b) The people eligible to be served by the statewide or any local office or facility of a state agency as determined by the data obtained by a state agency according to paragraph (1) of subdivision (a) of Section 7299.4. SEC. 5. Section 7299.3 of the Government Code is amended to read: 7299.3. Notwithstanding any other provision of this chapter, by July 1, 2015, a state agency subject to the requirements of this chapter shall translate and make accessible on the homepage of its internet website forms and processes for submitting complaints of alleged violations of this chapter, chapter as referenced in paragraph (15) of subdivision (b) of Section 7299.4. The forms and processes shall be translated into all languages spoken by a substantial number of non-English-speaking people served or eligible to be served by the state agency. Translated copies of the forms shall be printed and made available in the statewide office and any local office or facility of the state agency. SEC. 6. Section 7299.4 of the Government Code is amended to read: 7299.4. (a) Notwithstanding any other provision in this chapter, each state agency shall conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people, and develop and update an implementation plan that complies with the requirements of this chapter, utilizing all of the following information: (1) The most recent census data from the United States Census Bureau, or recent data from any other relevant databases, including, but not limited to, both of the following: (A) English Learner Data, available on the DataQuest reporting system provided by the State Department of Education. (B) Language Microdata for California, and any other language database that is based on the census and includes limited English proficiency by ZIP Code and census tract, available on the DRU Data Portal provided by the Department of Finance. (2) Community-level input from various mechanisms, including focus groups, roundtables, and advisory bodies, especially during times of emergencies. (3) Any relevant factors other than those described in paragraphs (1) and (2), including levels of linguistic isolation and percentages of limited English proficiency within each language group. (b) Each agency shall conduct the assessment of language needs and language survey of each of its statewide and local offices every two years to determine and provide all of the following: (1) The name, position, and contact information of the employee designated by the agency responsible for complying with this chapter. (2) The number of public contact positions in each statewide and local office. (3) The number of qualified bilingual employees in public contact positions in each statewide and local office, and the languages they speak or use, other than English. (4) The number and percentage of non-English-speaking or limited-English-speaking people served or eligible to be served by each statewide and local office, broken down by native language based on any of the information described in subdivision (a) to assess the language needs of the non-English-speaking or limited-English-speaking populations in each statewide or local offices service area. (5) The number of anticipated vacancies in public contact positions. (6) Whether the use of other available options, including contracted video- or telephone-based interpretation services, in addition to qualified bilingual persons in public contact positions, is serving the language needs of the people served by the agency. (7) A list of all written materials that are required to be translated or otherwise made accessible to non-English-speaking or limited-English-speaking individuals people by Sections 7295.2 and 7295.4. (8) A list of materials identified in paragraph (7) that have been translated and languages into which they have been translated. (9) The number of additional qualified bilingual public contact staff, if any, needed at each statewide and local office to comply with this chapter based on any of the information described in subdivision (a). (10) A detailed description of the agency’s procedures for identifying written materials that are required to be translated. (11) Each agency shall calculate the percentage of non-English-speaking or limited-English-speaking people served or eligible to be served by each statewide and local office by rounding the percentage arrived at to the nearest whole percentage point. (12) A detailed description of the agency’s procedures for identifying language needs at statewide and local offices and assigning qualified bilingual staff to those offices, based on the number and percentage of non-English-speaking or limited-English-speaking populations residing within each statewide and local office service area, as determined by any of the information described in subdivision (a). (13) A detailed description of how the agency recruits qualified bilingual staff in statewide and local offices. (14) A detailed description of any training the agency provides to its staff on the provision of services to non-English-speaking or limited-English-speaking individuals, frequency of training, and date of most recent training. (15) A detailed description of complaints regarding language access received by the agency and the agency’s procedures for accepting and resolving complaints of an alleged violation due to failure to make available translated documents or provide interpreter service through bilingual staff or contract services. (16) A detailed description of how the agency complies with any federal or other state laws that require the provision of linguistically accessible services to the public. (17) Any other relevant information requested by the Department of Human Resources. (c) The language assessment, survey results, and any additional information requested [Text truncated for display. Full text available on Congress.gov.]