SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2019 - 2020 Regular

Bill No: 1107 Hearing Date: 8/14/2020

Author:
Version:	8/7/2020 Amended
Urgency:	No	Fiscal:	Yes
Consultant:	Brian Duke

SUBJECT: Proclaimed state emergencies: proclamations, materials, and announcements: translation

DIGEST: This bill requires all proclamations, materials, and announcements made by the Governor or issued by a state agency related to a state of emergency to be made available in all languages spoken by limited-English-proficient (LEP) speakers that meet the Medi-Cal threshold languages as determined by the State Department of Health Care Services (DHCS), as specified.

ANALYSIS:

Existing law:

The Dymally-Alatorre Bilingual Services Act (Act) requires each state agency that serves a substantial number of non-English-speaking people who comprise 5% or more of the people served to develop an implementation plan, as specified, in every odd-numbered year, and to submit the implementation plan to the California Department of Human Resources for its review.
The California Emergency Services Act authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist, and to exercise certain powers in response to that emergency.
Establishes the Office of Emergency Services (OES), in the office of the Governor, and provides that OES is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
Defines the terms “state of emergency” and “local emergency” to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, epidemic, or cyberterrorism.
Requires DHCS to determine when an LEP population meets the requirement for translation services using one of the following numeric thresholds:
A population group of at least 3,000 or five percent of the beneficiary population, whichever is fewer, mandatory managed care Medi-Cal beneficiaries, residing in the service area, who indicate their primary language as other than English.
A population group of mandatory managed care Medi-Cal beneficiaries, residing in the service area, who indicate their primary language as other than English, and that meet a concentration standard of 1,000 beneficiaries in a single ZIP Code or 1,500 beneficiaries in two contiguous ZIP Codes.

This bill:

Requires proclamations, materials, and announcements made by the Governor or issued by a state agency related to a duly proclaimed state of emergency to be made available statewide in all the threshold languages spoken by LEP speakers, as specified.
Defines “threshold languages spoken by LEP speakers” to mean all Medi-Cal threshold languages spoken by any threshold population group, without limitation to county-specific thresholds, as determined by DHCS, as specified.
Defines “proclamations, materials, and announcements” to include, but not be limited to, information posted or broadcast on or through an internet website of the state or county, newspaper, social media platform, television, or radio.
Specifies that nothing in this bill shall be construed to alter, limit, or negate any other obligations, rights, remedies, or procedures provided by law.

Background

Purpose of the bill. According to the author’s office, “AB 1107 breaks down language barriers that prevent people from having meaningful access to important and sometimes, life-saving information and services. AB 1107 requires the state to provide emergency-related announcements and materials in languages that reflect California’s diverse immigrant communities. In order to promote public health and safety, we must ensure that people understand the information given to them. Ensuring language access across the state to emergency-related information will save lives.”

Medi-Cal Threshold Standard Languages. State law requires DHCS to implement requirements for language group concentration standards for purposes of providing translation services. Additionally, DHCS is required to update threshold language data at least once every three fiscal years. Threshold languages are determined by two different calculations as required by law: a population group of mandatory eligible beneficiaries residing in a service area who indicate their primary language as other than English, and that meet a numeric threshold of 3,000 or five percent of the eligible beneficiary population, whichever is lower; and, a population group of mandatory eligible beneficiaries residing in a service area who indicate their primary language as other than English and who meet the concentration standards of 1,000 in a single ZIP Code or 1,500 in two contiguous ZIP Codes.

According to DHCS All Plan Letter 17-011 dated June 30, 2017, there are 12 Threshold Standard Languages throughout the state: Arabic, Armenian, Cambodian, Chinese (combined total of Mandarin and Cantonese), English, Farsi, Hmong, Korean, Russian, Spanish, Tagalog, and Vietnamese. The number of Threshold Standard Languages vary by county from one (English) in 13 counties to 11 in Los Angeles County (all but Hmong).

This bill requires that all proclamations, materials, and announcements made by the Governor or issued by a state agency related to a duly proclaimed state of emergency be made available statewide in all 12 of the current Threshold Standard Languages without regard to county.

Emergency alerts. For generations, emergency alerts have been sent over television and radio broadcasts, but anyone not watching or listening at the time of the alert is unable to receive the critical and possibly life-saving information. California’s 58 counties have various systems that can send a recorded message to landlines, or to mobile devices through text or email alerts, however the mobile phone user most opt-in to these notifications.

WEA is a public safety system that allows customers who own certain wireless phones and other enabled mobile devices to receive geographically-targeted, text-like messages alerting them of imminent threats to safety in their area. Alerts are broadcast to coverage areas that best approximate the zone of an emergency. Mobile devices in the alert zone will receive the alert, even if they are roaming or visiting from another state. Consumers do not need to sign up for this service, and there is no fee associated with receiving alerts. The alert received by the mobile device is similar to a text message but the phone vibrates with much more force than it ordinarily would, and makes it squawk loudly, alerting the user that the message is no ordinary one.

The Federal Communications Commission (FCC) recently announced improvements intended to strengthen the WEA system, building on stakeholder experience and technological advancements since the service began. Although multilingual alerts were not specifically addressed, according to the FCC’s Internet Web site, the FCC is continuing to consider proposals to improve wireless alerting through multilingual and multimedia alerting, and in fact, they are actively seeking additional stakeholder input on the matter.

State Emergency Plan. The SEP addresses the state's response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. In accordance with the Emergency Services Act, the SEP describes methods for carrying out emergency operations, the process for rendering mutual aid, the emergency services of governmental agencies, how resources are mobilized, how the public will be informed, and the process to ensure continuity of government during an emergency or disaster.

The Dymally-Alatorre Bilingual Services Act. Existing law ensures that all residents, including those who are LEP, have equal access to public services. The Act requires every state and local agency to have a sufficient number of qualified bilingual staff and translated written materials so that the LEP population they serve are able to effectively access and communicate with government.

Prior/Related Legislation

SB 794 (Jackson, 2020) would expand existing authority granted to counties by authorizing cities and postsecondary institutions that receive state funds to access the contact information of residents, students, and employees for the sole purpose of enrolling individuals in a local government-, university-, or college-operated public emergency warning system, as specified. (Failed passage in the Assembly Governmental Organization Committee)

SB 862 (Dodd, 2020) adds planned deenergization events, as defined, within the conditions that constitute a state of emergency; and, adds new requirements of electrical corporations regarding protocols for these events. Among the new requirements on electrical corporations are protocols to address the needs of individuals with access and functional needs, and requirements regarding coordination with local governments on the location and operation of community resource centers during deenergization events. (Pending in the Assembly Utilities and Energy Committee)

AB 1916 (Chu, 2020) is substantially similar to this bill and requires all proclamations, communications, materials, and announcements made by the Governor or a state agency related to a duly proclaimed state of emergency to be made available in all languages spoken by a substantial number of non-English speaking people, as specified. Additionally, the bill requires each county to translate all emergency-related proclamations, communications, materials, and announcements made by the county related to a duly proclaimed state of emergency or a local emergency duly proclaimed by the county into all languages spoken by 1,000 or more of the county’s residents. (Never heard in the Assembly Governmental Organization Committee)

AB 2178 (Levine, 2020) would include “deenergization,” defined as a planned public safety power shutoff (PSPS) consistent with the requirements of the Public Utilities Code, in the list of conditions constituting a state of emergency and a local emergency. (Pending in the Senate Governmental Organization Committee)

AB 2213 (Limon, 2020) would require OES to develop model guidelines for local governments, operational areas, and private sector organizations active in disasters to identify, type, and track community resources that could assist in responding to or recovering from disasters, as specified. Additionally, this bill expands existing authority granted to counties by authorizing cities and postsecondary institutions to access the contact information of residents, students, and employees for the sole purpose of enrollment in a public emergency warning system and provides for notification of enrollment and a process for opting out, as specified.

SB 532 (Dodd, Chapter 557, Statutes of 2018) added “cyberattacks” to the list of conditions that are named in the Emergency Services Act that may be cited to support the proclamation of a state of emergency or local emergency.

AB 1877 (Limon, Chapter 630, Statutes of 2018) required OES to create a library of translated emergency notifications and a translation style guide, as specified, and required designated alerting authorities to consider using the library and translation style guide when issuing emergency notifications to the public.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

Alliance of Californians for Community Empowerment (ACCE) Action
American Civil Liberties Union/northern California/southern California/san Diego and Imperial Counties
Asian Americans Advancing Justice - California
California Immigrant Policy Center
California Pan - Ethnic Health Network
Disability Rights California
Mi Familia Vota
Mid-city Community Advocacy Network
National Immigration Law Center
Western Center on Law & Poverty, INC.

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: In support of the bill, the National Immigration Law Center writes that, “California experiences numerous disasters and emergencies each year including wildfires, mudslides, flooding and more recently public safety power shutoffs and a pandemic. The recent COVID-19 pandemic is a resonant example of how imperative it is everyone can understand public health guidelines to protect individual and community health. California is home to diverse immigrant communities. Forty-four percent of Californians speak a language that is not English at home. At least 185 languages are spoken in homes in the Los Angeles metro area alone according to the United States Census Bureau. AB 1107 will break down language barriers to accessing critical emergency-related and sometimes live-saving government announcements and materials.”

AB 1107: Proclaimed state emergencies: proclamations, materials, and announcements: translation.

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