S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9754
 
                             I N  S E N A T E
 
                               May 28, 2024
                                ___________
 
 Introduced  by  Sen.  CHU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, the public authorities  law  and  the
   county law, in relation to requiring certain documents and forms to be
   provided in multiple languages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 202-a of  the  executive  law,  as
 added  by  section  1  of  part GG of chapter 56 of the laws of 2022, is
 amended to read as follows:
   1. (A) Each state agency that provides direct public services  in  New
 York  state  shall  translate  all  vital documents relevant to services
 offered by the agency, INCLUDING  ESSENTIAL  PUBLIC  DOCUMENTS  SUCH  AS
 FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED BY PROGRAM BENEFICIARIES
 OR  PARTICIPANTS,  into  the  twelve  most  common non-English languages
 spoken by  limited-English  proficient  individuals  in  the  state  WHO
 ARRIVED WITHIN THE LAST FIVE YEARS, based on the data in the most recent
 American  Community  Survey  published  by  United States Census Bureau,
 INCLUDING BUT NOT LIMITED TO DATA COLLECTED  BY  PUBLIC  SCHOOLS,  LOCAL
 INTERPRETING  AGENCIES, FEDERAL REFUGEE RESETTLEMENT PROGRAMS, AND STATE
 AGENCIES. [Agencies subject to this section, in  their  discretion,  may
 offer  up  to  four  additional  languages beyond the twelve most common
 languages.   Such additional languages shall be  decided  by  the  state
 agency  in consultation with the office of general services and approved
 by the office of general services based on the number of limited-English
 proficient immigrants of five years or less in New York state in need of
 language  translation  services  according  to  the  American  Community
 Survey,  including  the  growth  of  recent  arrival  populations in the
 geographic regions in which the agency's services are offered, the popu-
 lation of limited-English proficient individuals served by  the  agency,
 feedback from impacted community or advocacy groups, and any other rele-
 vant data published by the United States Census Bureau.]
   (B)  EACH  AGENCY  SHALL ADDITIONALLY MAKE SUCH TRANSLATIONS AVAILABLE
 WITHIN EACH REGION OF THE STATE, AS ESTABLISHED BY ARTICLE ELEVEN OF THE
 ECONOMIC DEVELOPMENT LAW, IN THE THREE MOST COMMON NON-ENGLISH LANGUAGES
 WHICH ARE SPOKEN IN THAT REGION AND ARE NOT ALREADY INCLUDED  AMONG  THE
 TWELVE  LANGUAGES  SPECIFIED  IN PARAGRAPH (A) OF THIS SUBDIVISION. SUCH
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02785-08-4
 S. 9754                             2
 
 ADDITIONAL LANGUAGES SHALL BE DECIDED BY THE STATE AGENCY  IN  CONSULTA-
 TION  WITH  THE OFFICE OF GENERAL SERVICES AND APPROVED BY THE OFFICE OF
 GENERAL SERVICES BASED ON THE NUMBER OF LIMITED-ENGLISH PROFICIENT IMMI-
 GRANTS  WHO  HAVE  ARRIVED IN NEW YORK STATE WITHIN THE LAST FIVE YEARS,
 ACCORDING TO THE UNITED STATES  CENSUS  BUREAU  AND  AMERICAN  COMMUNITY
 SURVEY,  INCLUDING  THE  GROWTH  OF  RECENT  ARRIVAL  POPULATIONS IN THE
 GEOGRAPHIC REGIONS IN WHICH THE AGENCY'S SERVICES ARE OFFERED, THE POPU-
 LATION OF LIMITED-ENGLISH PROFICIENT INDIVIDUALS SERVED BY  THE  AGENCY,
 FEEDBACK  FROM  IMPACTED  COMMUNITY  OR  ADVOCACY  GROUPS,  AND ANY DATA
 COLLECTED FROM THE SOURCES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) THE LIST OF MOST COMMON  LANGUAGES  SHALL  BE  UPDATED  EVERY  TWO
 YEARS,  BASED  ON  THE MOST RECENT   DATA COLLECTED BY THE UNITED STATES
 CENSUS BUREAU AND AMERICAN COMMUNITY SURVEY, INCLUDING BUT  NOT  LIMITED
 TO THE DATA SOURCES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (D)  EACH  AGENCY  SHALL   PROVIDE COMPETENT AND TIMELY INTERPRETATION
 SERVICES TO INDIVIDUALS IN THEIR  PRIMARY  OR  PREFERRED  LANGUAGE  WITH
 RESPECT  TO  THE PROVISIONS OF SERVICES AND BENEFITS. THIS INCLUDES BOTH
 IN-OFFICE SERVICES, AND SERVICES  PROVIDED  OUTSIDE  OF  THE  DEPARTMENT
 OFFICE.  COMPETENT INTERPRETATION SHALL MEAN SPOKEN OR SIGNED, REAL-TIME
 COMMUNICATION IN WHICH THE QUALIFIED HUMAN INTERPRETER IS FLUENT IN BOTH
 THE SOURCE AND TARGET LANGUAGE AND IS TRAINED AS AN INTERPRETER.
   § 2. Subparagraphs (viii) and (ix) of paragraph (c) of  subdivision  3
 of  section 202-a of the executive law, as added by section 1 of part GG
 of chapter 56 of the laws of 2022, are amended and  three  new  subpara-
 graphs (x), (xi) and (xii) are added to read as follows:
   (viii) an explanation as to how the agency determined it would provide
 any additional language beyond the top twelve languages required by this
 section; [and]
   (ix) the identity of the agency's language access coordinator[.];
   (X)    ACCOMMODATIONS FOR COMMUNICATION ACCESS SHALL BE AVAILABLE UPON
 REQUEST INCLUDING AMERICAN SIGN LANGUAGE INTERPRETATION VIA  AN  ON-SITE
 INTERPRETER, VIDEO REMOTE INTERPRETER, OR COMMUNICATION ACCESS REAL-TIME
 TRANSLATION  FOR INDIVIDUALS WHO ARE DEAF, HARD OF HEARING OR HAVE HEAR-
 ING LOSS;
   (XI) A PHONE NUMBER OR EMAIL ADDRESS BY WHICH  THE  PUBLIC  CAN  LODGE
 COMPLAINTS  AGAINST  THE AGENCY FOR NONCOMPLIANCE, SUCH COMPLAINTS SHALL
 BE KEPT FOR A MINIMUM OF TWO YEARS; AND
   (XII) A PROCESS TO MAKE PUBLIC  THE  NUMBER  OF  COMPLAINTS  DURING  A
 TWELVE  MONTH  PERIOD  AGAINST  NONCOMPLIANCE  AND  RESOLUTION  TO  SUCH
 COMPLAINTS.
   § 3. Article 9 of the public authorities law is amended  by  adding  a
 new title 13 to read as follows:
                                 TITLE 13
                              LANGUAGE ACCESS
 SECTION 2988. LANGUAGE ACCESS.
   § 2988. LANGUAGE ACCESS. 1. FOR THE PURPOSES OF THIS SECTION, "COVERED
 STATE  AUTHORITIES"  SHALL MEAN STATE AUTHORITIES THAT ARE DETERMINED BY
 THE OFFICE OF LANGUAGE ACCESS TO PROVIDE DIRECT  PUBLIC-FACING  SERVICES
 THAT  HAVE  AN  IMPACT ON A SIGNIFICANT AMOUNT OF RESIDENTS OF NEW YORK.
 COVERED STATE AUTHORITIES SHALL  TRANSLATE  VITAL  DOCUMENTS,  INCLUDING
 ESSENTIAL PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR
 COMPLETED  BY  PROGRAM  BENEFICIARIES  OR  PARTICIPANTS. THE TRANSLATION
 SHALL BE AVAILABLE IN  THE  TWELVE  MOST  COMMON  NON-ENGLISH  LANGUAGES
 SPOKEN BY LIMITED ENGLISH PROFICIENT IMMIGRANTS IN THE STATE WHO ARRIVED
 WITHIN  THE  LAST FIVE YEARS ACCORDING TO THE AMERICAN COMMUNITY SURVEY,
 AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
 S. 9754                             3
 
   2. COVERED STATE AUTHORITIES  SHALL  MAKE  TRANSLATIONS  AVAILABLE  IN
 CORRESPONDENCE  WITH THE REGION OF THE STATE SUCH COVERED STATE AUTHORI-
 TIES SERVE, IN THE THREE MOST COMMON  NON-ENGLISH  LANGUAGES  WHICH  ARE
 SPOKEN  IN  THAT  REGION  BY  LIMITED  ENGLISH PROFICIENT IMMIGRANTS WHO
 ARRIVED  WITHIN  THE LAST FIVE YEARS ACCORDING TO THE AMERICAN COMMUNITY
 SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU, WHICH  ARE  NOT
 ALREADY INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDIVISION ONE
 OF THIS SECTION.
   3.  THE  LIST  OF  MOST COMMON LANGUAGES SHALL BE UPDATED NO LESS THAN
 EVERY TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION,  BASED  ON  THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS BUREAU.
   4.  EACH COVERED STATE AUTHORITY SHALL PROVIDE INTERPRETATION SERVICES
 BETWEEN THE AUTHORITY AND AN INDIVIDUAL  IN  SUCH  INDIVIDUAL'S  PRIMARY
 LANGUAGE,   INCLUDING  AMERICAN  SIGN  LANGUAGE,  WITH  RESPECT  TO  THE
 PROVISION OF  SERVICES  OR  BENEFITS.    THIS  INCLUDES  BOTH  IN-OFFICE
 SERVICES, AND SERVICES PROVIDED OUTSIDE OF THE AUTHORITY OFFICE.
   5.  WITHIN  NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, COVERED
 STATE AUTHORITIES SHALL PUBLISH A LANGUAGE ACCESS  PLAN  WHICH  REFLECTS
 HOW  THE  AUTHORITY  WILL  COMPLY  WITH THE LANGUAGE ACCESS REQUIREMENTS
 PURSUANT TO THIS SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   A. CORE COMMUNICATION PRINCIPLES WITH RESPECT TO PEOPLE IN THE LIMITED
 ENGLISH PROFICIENT COMMUNITY;
   B. WHEN AND BY WHAT MEANS THE AUTHORITY WILL  PROVIDE  OR  IS  ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   C.  THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   D. THE NUMBER OF PUBLIC CONTACT POSITIONS IN  THE  AUTHORITY  AND  THE
 NUMBER  OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING THE
 LANGUAGES THEY SPEAK;
   E. A TRAINING PLAN FOR EMPLOYEES WHICH INCLUDES, AT A MINIMUM,  ANNUAL
 TRAINING  ON  THE  LANGUAGE  ACCESS POLICIES OF THE AUTHORITY AND HOW TO
 PROVIDE LANGUAGE ASSISTANCE SERVICES;
   F. A PLAN OF HOW THE AUTHORITY INTENDS TO  NOTIFY  THE  POPULATION  OF
 OFFERED LANGUAGE ASSISTANCE SERVICES;
   G.  A  LANGUAGE  ACCESS  COORDINATOR  AT  THE  AUTHORITY, WHO SHALL BE
 PUBLICLY IDENTIFIED;
   H. ACCOMMODATIONS FOR COMMUNICATION ACCESS  SHALL  BE  AVAILABLE  UPON
 REQUEST  INCLUDING  AMERICAN SIGN LANGUAGE INTERPRETATION VIA AN ON-SITE
 INTERPRETER, VIDEO REMOTE INTERPRETER, OR COMMUNICATION ACCESS REAL-TIME
 TRANSLATION FOR INDIVIDUALS WHO ARE DEAF, HARD OF HEARING OR HAVE  HEAR-
 ING LOSS;
   I.  A  PHONE  NUMBER  OR  EMAIL  ADDRESS BY WHICH THE PUBLIC CAN LODGE
 COMPLAINTS AGAINST THE AGENCY FOR NONCOMPLIANCE. SUCH  COMPLAINTS  SHALL
 BE KEPT FOR A MINIMUM OF TWO YEARS; AND
   J.  MAKE  PUBLIC THE NUMBER OF COMPLAINTS DURING A TWELVE MONTH PERIOD
 AGAINST NONCOMPLIANCE AND RESOLUTIONS TO SUCH COMPLAINTS.
   § 4. The county law is amended by adding a new article 24-A to read as
 follows:
                               ARTICLE 24-A
                              LANGUAGE ACCESS
 SECTION 950. LANGUAGE ACCESS.
   § 950. LANGUAGE ACCESS. 1. EVERY COUNTY OF NEW YORK STATE SHALL TRANS-
 LATE VITAL DOCUMENTS, INCLUDING ESSENTIAL PUBLIC DOCUMENTS SUCH AS FORMS
 AND INSTRUCTIONS PROVIDED TO OR COMPLETED BY  PROGRAM  BENEFICIARIES  OR
 PARTICIPANTS.  THE  TRANSLATION  SHALL  BE  AVAILABLE IN THE TWELVE MOST
 S. 9754                             4
 
 COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED ENGLISH PROFICIENT  IMMI-
 GRANTS  IN THE STATE WHO ARRIVED WITHIN THE LAST FIVE YEARS ACCORDING TO
 THE AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES  CENSUS
 BUREAU.
   2.  EACH  SUCH COUNTY SHALL MAKE SUCH TRANSLATIONS AVAILABLE IN CORRE-
 SPONDENCE  WITH  THE  REGION,  IN  THE  THREE  MOST  COMMON  NON-ENGLISH
 LANGUAGES  WHICH ARE SPOKEN IN THAT REGION BY LIMITED ENGLISH PROFICIENT
 IMMIGRANTS WHO ARRIVED WITHIN THE LAST FIVE YEARS ACCORDING TO THE AMER-
 ICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS  BUREAU,
 WHICH  ARE  NOT ALREADY INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN
 SUBDIVISION ONE OF THIS SECTION.
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  COUNTY MAY ADD ADDITIONAL LANGUAGES AS NECESSARY TO ACCOMMODATE LOCAL
 VARIANCES FROM STATEWIDE LANGUAGES, PROVIDED SUCH  LANGUAGES  ARE  ADDED
 AFTER PUBLIC NOTICE AND OPPORTUNITY TO COMMENT.
   4.  THE  LIST  OF  MOST COMMON LANGUAGES SHALL BE UPDATED NO LESS THAN
 EVERY TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION,  BASED  ON  THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS  BUREAU, AND ANY ADDITIONAL LANGUAGES SUCH COUNTY SHALL CHOOSE TO
 SELECT.
   5. EACH SUCH COUNTY SHALL PROVIDE INTERPRETATION SERVICES BETWEEN  THE
 ENTITY  AND  AN  INDIVIDUAL  IN  SUCH INDIVIDUAL'S PRIMARY LANGUAGE WITH
 RESPECT TO THE PROVISION OF SERVICES OR BENEFITS.
   6. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EACH SUCH
 COUNTY SHALL PUBLISH A LANGUAGE ACCESS PLAN WHICH REFLECTS HOW THE COUN-
 TY WILL COMPLY WITH THE LANGUAGE ACCESS REQUIREMENTS  PURSUANT  TO  THIS
 SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   (A) CORE COMMUNICATION PRINCIPLES WITH RESPECT TO PEOPLE IN THE LIMIT-
 ED ENGLISH PROFICIENT COMMUNITY;
   (B)  WHEN  AND  BY  WHAT  MEANS THE COUNTY SHALL PROVIDE OR IS ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   (C) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   (D) THE NUMBER OF PUBLIC CONTACT  POSITIONS  IN  THE  COUNTY  AND  THE
 NUMBER  OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING THE
 LANGUAGES THEY SPEAK;
   (E) A TRAINING PLAN FOR EMPLOYEES OF THE COUNTY, WHICH INCLUDES, AT  A
 MINIMUM,  ANNUAL  TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE COUNTY
 AND HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (F) A PLAN OF HOW THE COUNTY  INTENDS  TO  NOTIFY  THE  POPULATION  OF
 OFFERED LANGUAGE ASSISTANCE SERVICES;
   (G) A LANGUAGE ACCESS COORDINATOR EMPLOYED BY THE COUNTY, WHO SHALL BE
 PUBLICLY IDENTIFIED;
   (H)  ACCOMMODATIONS  FOR  COMMUNICATION ACCESS SHALL BE AVAILABLE UPON
 REQUEST INCLUDING AMERICAN SIGN LANGUAGE INTERPRETATION VIA  AN  ON-SITE
 INTERPRETER, VIDEO REMOTE INTERPRETER, OR COMMUNICATION ACCESS REAL-TIME
 TRANSLATION  FOR INDIVIDUALS WHO ARE DEAF, HARD OF HEARING OR HAVE HEAR-
 ING LOSS;
   (I) A  PHONE  NUMBER  OR  EMAIL  ADDRESS BY WHICH THE PUBLIC CAN LODGE
 COMPLAINTS AGAINST THE COUNTY FOR NONCOMPLIANCE. SUCH COMPLAINTS   SHALL
 BE KEPT FOR A MINIMUM OF TWO YEARS; AND
   (J) MAKE  PUBLIC THE NUMBER OF COMPLAINTS DURING A TWELVE MONTH PERIOD
 AGAINST NONCOMPLIANCE AND RESOLUTIONS TO SUCH COMPLAINTS.
   §  5.  This  act shall take effect one year after it shall have become
 law.