S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4875
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced  by  M.  of  A. DE LOS SANTOS, KELLES, SHIMSKY, CRUZ, COLTON,
   ALVAREZ, EPSTEIN, STIRPE,  REYES,  SAYEGH,  FORREST,  TAYLOR,  WALKER,
   GLICK,  GIBBS,  ROZIC,  JACOBSON, LEVENBERG, RAMOS, CUNNINGHAM, SIMON,
   RAGA,  BURDICK,  CLARK,  HEVESI,  CHANG,  GIGLIO,  DINOWITZ,  MAMDANI,
   LAVINE,  SEPTIMO, GONZALEZ-ROJAS, SHRESTHA, LEE, SEAWRIGHT, ROSENTHAL,
   MEEKS,  ZACCARO,  DAVILA,  OTIS,  RIVERA,  TAPIA,   BICHOTTE HERMELYN,
   R. CARROLL,  ANDERSON, MITAYNES, SIMONE, KIM, BRONSON -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, the public authorities  law  and  the
   county  law,  in  relation  to enacting the "language access expansion
   act" and 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. Short title. This act shall be known and may  be  cited  as
 the "language access expansion act".
   §  2. 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  AT  LEAST  the  twelve  most  common  non-English
 languages spoken by limited-English proficient individuals in the state,
 [based  on  the  data  in  the  most  recent  American  Community Survey
 published by United States  Census  Bureau.  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01261-03-5
              

 A. 4875                             2

 the number of limited-English proficient immigrants  of  five  years  or
 less  in New York state in need of language translation services accord-
 ing 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 population of limited-English proficient indi-
 viduals served by the agency, feedback from impacted community or  advo-
 cacy  groups, and any other relevant data published by the United States
 Census Bureau] INCLUDING THE MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY
 LIMITED ENGLISH PROFICIENT INDIVIDUALS WHO HAVE  ARRIVED  IN  THE  STATE
 WITHIN THE LAST FIVE YEARS, BASED ON AGGREGATE DATA FROM THE MOST RECENT
 DECENNIAL  CENSUS, AMERICAN COMMUNITY SURVEY, AND ANY ADDITIONAL SOURCES
 THAT CAPTURE TRENDS IN  LANGUAGE  USE  AND  LIMITED-ENGLISH  PROFICIENCY
 WITHIN IMMIGRANT AND REFUGEE POPULATIONS.
   (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
 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 REVIEWED AND 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.
 THE OFFICE OF LANGUAGE ACCESS, IN CONSULTATION WITH THE OFFICE OF GENER-
 AL SERVICES, SHALL ANNUALLY COLLECT AND PUBLISH DATA ON THE MOST  COMMON
 NON-ENGLISH LANGUAGES MOST FREQUENTLY SERVED BY PUBLIC AGENCIES.
   (D)  THE OFFICE OF LANGUAGE ACCESS SHALL DEVELOP AND DISTRIBUTE MULTI-
 LINGUAL NOTICES ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWEN-
 TY-FIVE,  TO  INFORM ASYLUM SEEKERS, REFUGEES, AND PUBLIC ORGANIZATIONS,
 INCLUDING COMMUNITY-BASED ORGANIZATIONS AND  FAITH-BASED  ORGANIZATIONS,
 AND  OTHER  COMMUNITY STAKEHOLDERS IN THE STATE OF AN INDIVIDUAL'S RIGHT
 TO REQUEST AN INTERPRETER IN THEIR PRIMARY LANGUAGE AND  RIGHT  TO  HAVE
 ESSENTIAL DOCUMENTS AND INFORMATION TRANSLATED IN THEIR PRIMARY LANGUAGE
 WHEN  ENGAGING  WITH  PUBLIC AGENCIES, IN ACCORDANCE WITH EXISTING STATE
 AND FEDERAL LANGUAGE ACCESS REQUIREMENTS.
   (E) THE STATE SHALL ALLOCATE ANNUAL FUNDING  TO  SUPPORT  TRANSLATION,
 INTERPRETATION, AND TRAINING RESOURCES NECESSARY.
   (F)  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.
   § 3. 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
 A. 4875                             3
 
 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.
   § 4. 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.
   2. COVERED STATE AUTHORITIES  SHALL  MAKE  TRANSLATIONS  AVAILABLE  IN
 CORRESPONDENCE  WITH THE REGION OF THE STATE SUCH COVERED STATE AUTHORI-
 TIES SERVE, IN AT LEAST 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 BASED ON AGGREGATE DATA FROM THE
 MOST RECENT DECENNIAL CENSUS, AMERICAN COMMUNITY SURVEY, AND  ANY  ADDI-
 TIONAL  SOURCES  THAT  CAPTURE  TRENDS  IN  LANGUAGE AND LIMITED-ENGLISH
 PROFICIENCY WITHIN IMMIGRANT AND REFUGEE POPULATIONS.
   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;
 A. 4875                             4
 
   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.
   § 5. 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. EACH SUCH COUNTY SHALL MAKE SUCH TRANSLATIONS AVAILABLE IN
 CORRESPONDENCE WITH THE REGION.
   (A)  FOR COUNTIES WITH A LIMITED ENGLISH PROFICIENT POPULATION THAT IS
 0.5 PERCENT OR LESS THAN OF SUCH COUNTY'S TOTAL POPULATION, TRANSLATIONS
 SHALL BE AVAILABLE IN AT LEAST THE TWO MOST COMMON NON-ENGLISH LANGUAGES
 SPOKEN IN THAT REGION INCLUDING THE MOST  COMMON  NON-ENGLISH  LANGUAGES
 SPOKEN  BY  LIMITED  ENGLISH  PROFICIENT INDIVIDUALS WHO HAVE ARRIVED IN
 SUCH COUNTY WITHIN THE LAST FIVE YEARS AND ARE NOT ALREADY  INCLUDED  IN
 THE STATEWIDE LIST OF MOST COMMON NON-ENGLISH LANGUAGES.
   (B) FOR COUNTIES WITH A LIMITED ENGLISH PROFICIENCY POPULATION THAT IS
 MORE  THAN  0.5  PERCENT OF SUCH COUNTY'S TOTAL POPULATION, TRANSLATIONS
 SHALL BE AVAILABLE  IN  AT  LEAST  THE  THREE  MOST  COMMON  NON-ENGLISH
 LANGUAGES  SPOKEN  IN  THAT REGION INCLUDING LANGUAGES SPOKEN BY LIMITED
 ENGLISH PROFICIENT INDIVIDUALS WHO HAVE ARRIVED IN  SUCH  COUNTY  WITHIN
 THE  LAST  FIVE YEARS AND ARE NOT ALREADY INCLUDED IN THE STATEWIDE LIST
 OF MOST COMMON NON-ENGLISH LANGUAGES.
   (C) DETERMINATION OF LIMITED ENGLISH  PROFICIENT  POPULATION  AND  THE
 MOST  COMMON  NON-ENGLISH LANGUAGES SPOKEN BY LIMITED ENGLISH PROFICIENT
 INDIVIDUALS SHALL BE BASED ON AGGREGATE DATA FROM THE MOST RECENT DECEN-
 NIAL CENSUS, AMERICAN COMMUNITY SURVEY, AND ANY ADDITIONAL SOURCES  THAT
 CAPTURE  TRENDS  IN  LANGUAGE USE AND LIMITED ENGLISH PROFICIENCY WITHIN
 IMMIGRANT AND REFUGEE POPULATIONS.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  COUNTY MAY ADD ADDITIONAL LANGUAGES AS NECESSARY TO ACCOMMODATE LOCAL
 A. 4875                             5

 VARIANCES FROM STATEWIDE LANGUAGES, PROVIDED SUCH  LANGUAGES  ARE  ADDED
 AFTER PUBLIC NOTICE AND OPPORTUNITY TO COMMENT.
   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, AND ANY ADDITIONAL LANGUAGES SUCH COUNTY SHALL CHOOSE TO
 SELECT.
   4. 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.
   5. 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.
   §  6. This act shall take effect one year after it shall have become a
 law.