Date of Hearing: April 3, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1531

Author:(Salas) – As Introduced Ver:February 22, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill reduces, from 5% to 3%%, the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers.

FISCAL EFFECT:

Under existing law, state agencies are required to provide language access services only to the extent that funding is available, which makes actual costs difficult to estimate. However, last year the Department of Finance provided a cost estimate of $77 million (GF/special funds) statewide for a similar bill. The department’s estimate was based on the number of additional bilingual certified positions that would be needed assuming a 10% increase in the need to provide additional access language services.

Lowering the threshold from 5% to 3% would increase the need to provide language access services statewide by approximately 30%, based on the California Department of Human Resources (CalHR’s) most recent language access survey.

COMMENTS:

1. Purpose. This bill seeks to increase access to state government services for non-English speakers by requiring state agencies to provide language access services to non-English speakers when they comprise 3%, rather than 5%, of the constituents served.
2. Background. The Dymally-Alatorre Bilingual Services Act (Act), enacted in 1973, aims to ensure that people who do not speak or write English, or whose primary language is not English, are not prevented from using public services because of language barriers. Accordingly, a state agency must provide information that is available in English in other languages, too, if the agency serves a "substantial number" of non-English speakers. Existing law defines "substantial number" to mean non-English speakers comprise 5% or more of the constituents served by any local office of a state agency.
3. The Act also requires that each state and local agency survey each of their local offices and facilitates every two years to obtain information about the public it serves. The results of the survey are compiled by CalHR and reported to the Legislature. The report is required to identify significant problems or deficiencies and propose solutions where warranted. CalHR is responsible for ensuring agencies comply with the provisions of the Act.

According to data from the most recent language access survey (2015-16), lowering the threshold to 3% would newly require language access services for eight languages in up to 202 additional state offices, depending on the language. For example, a 3% threshold means Spanish translation must be provided in 202 additional offices, Cantonese/Yue, Mandarin, and Vietnamese must be provided in 19 additional offices each, and Punjabi/Panjabi must be provided in 12 additional offices.

1. Prior Legislation.

AB 3179 (Salas), of the 2017-18 Legislative Session, was nearly identical to this bill. It was vetoed by the governor, who stated that it “has a potential cost of $77 million a year and is more properly considered as part of the budget process.”

AB 305 (Furutani), of 2011-12 Legislative Session, would have, among other provisions, revised the definition of "substantial number" of non-English speakers to mean those who comprise the lesser of the following: 1,000 or more of the residents of a county in which the local office of a state agency is located; 5% or more of the residents of a county in which the local office of a state agency is located; or, 5% or more of the people served by any local office or facility of a state agency. That bill died on this committee’s suspense file.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 27, 2019

ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW

Cottie Petrie-Norris, Chair

ABPCA Bill Id:AB 1531 (

Author:Salas) – As Introduced Ver:February 22, 2019

SUBJECT: State agencies: bilingual services

SUMMARY: Reduces the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.

EXISTING LAW:

1. Establishes the Dymally-Alatorre Bilingual Services Act (Act) which aims to ensure that people who do not speak or write English, or whose primary language is not English, are not prevented from using public services because of language barriers.
   
2. Specifies that a state agency must provide the same information that is available in English in other languages if the agency serves a "substantial number" of non-English speakers.
   
3. Defines "substantial number" to mean non-English speakers who comprise 5% or more of the constituents served by any local office of a state agency.
   
4. Makes the California Department of Human Resources (CalHR) responsible for ensuring agencies comply with the Act and requires CalHR to issue orders to agencies if they have not made reasonable progress towards complying with the Act.
   
5. Requires each state agency to conduct a survey of its local offices every two years to assess the language needs of people served and directs CalHR to provide a report on the survey to the Legislature.
   

FISCAL EFFECT: Unknown

COMMENTS: Current law requires a state agency to provide the same information that is available in English in other languages if the agency serves a "substantial number" of non-English speakers, defined as 5% or more of the people served. This bill lowers the threshold to 3%.

According to the author, “Throughout the Central Valley, Punjabi is the third most spoken language, yet Punjabi speaking communities do not have language access to vital state services and resources. Most of the time, they need to have a friend or relative to translate for them. AB 1531 would increase language accessibility to critical state services such as health care, housing and social services, which otherwise are restricted to non-native speaking communities across the state.”

Currently, agencies are required to conduct surveys every other year to assess their public contact with non-English speakers. CalHR compiles the results of the survey in a report to the Legislature. According to data from the most recent 2015-16 language access survey, the lower 3% trigger specified in this bill would apply to about 46 entities among a sample of eight large state agencies.

Decreasing the threshold for state agencies to provide language access services to 3% could expedite access to state government services for non-English speaking communities.

PRIOR LEGISLATION:

1. AB 3179 (Salas) of 2018 was virtually identical to this bill. It was vetoed by the Governor who stated that it “has a potential cost of $77 million a year and is more properly considered as part of the budget process.”
2. AB 305 (Furutani) of 2011 would have, among other provisions, revised the definition of "substantial number" of non-English speakers to mean those who comprise the lesser of the following: 1,000 or more of the residents of a county in which the local office of a state agency is located; 5% or more of the residents of a county in which the local office of a state agency is located; or, 5% or more of the people served by any local office or facility of a state agency. This measure died on the Assembly Appropriations Committee Suspense File.
   

REGISTERED SUPPORT / OPPOSITION:

Support

California Language Teachers Association

Opposition

None on file.

Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600