SB 435: Collection of demographic data: CalFresh program and State Department of Public Health.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-09-13
Current Status:
Failed
(2024-01-25: Stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires the State Department of Social Services to collect and report CalFresh (California’s SNAP) recipient ancestry and ethnic-origin data using separate categories and counts for major Latino groups, Mesoamerican Indigenous nations, and Mesoamerican Indigenous language groups. It also requires those group-level data to be included in department demographic reports, posted to the public without personal identifying information, updated after each census, and directs the State Department of Public Health to follow the same collection for certain health reports if funding is provided.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law requires specified state agencies, boards, and commissions, in the course of collecting demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for specified groups. Existing federal law provides for the Supplemental Nutrition Assistance Program, known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services (department) administers the CalFresh program. Existing law requires the department to publicly report specified information, including certain data specific to students enrolled in an institution of higher learning who receive CalFresh benefits, as specified.
This bill would require the department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language group, as specified.
Existing law requires specific state agencies, boards, and commissions to report, as specified, data on collection categories and tabulations for specified groups. Existing law requires the collected data to be made available to the public except for personal identifying information, which shall be deemed confidential.
This bill would require the department to include the collected data in every demographic report on ancestry or ethnic origins of California residents that the department publishes or releases on or after July 1, 2027. On or before July 1, 2027, and annually thereafter, the bill would require the department to report to the Legislature on the above-described data collection and methods used to collect that data. The bill would require the department to make available to the public the collected data, except for personal identifying information, as specified. The bill would require the department to update its data collection to reflect additional Latino groups, Mesoamerican Indigenous nations, and Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau, as specified. The bill would require the department to comply with the bills requirements as early as possible, but no later than July 1, 2027.
On or after January 1, 2026, the bill would require the State Department of Public Health to comply with the bills requirements if funding is appropriated for this express purpose, as specified.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law requires specified state agencies, boards, and commissions, in the course of collecting demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for specified groups. Existing federal law provides for the Supplemental Nutrition Assistance Program, known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services (department) administers the CalFresh program. Existing law requires the department to publicly report specified information, including certain data specific to students enrolled in an institution of higher learning who receive CalFresh benefits, as specified.
This bill would require the department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language group, as specified.
Existing law requires specific state agencies, boards, and commissions to report, as specified, data on collection categories and tabulations for specified groups. Existing law requires the collected data to be made available to the public except for personal identifying information, which shall be deemed confidential.
This bill would require the department to include the collected data in every demographic report on ancestry or ethnic origins of California residents that the department publishes or releases on or after July 1, 2025. 2027. On or before July 1, 2025, 2027, and annually thereafter, the bill would require the department to report to the Legislature on the above-described data collection and methods used to collect that data. The bill would require the department to make available to the public the collected data, except for personal identifying information, as specified. The bill would require the department to update its data collection to reflect additional Latino groups, Mesoamerican Indigenous nations, and Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau, as specified. The bill would require the department to comply with the bills requirements as early as possible, but no later than July 1, 2025. 2027.
On or after January 1, 2024, 2026, the bill would require the State Department of Public Health to comply with the bills requirements if funding is appropriated for this express purpose, as specified.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law requires specified state agencies, boards, or and commissions, in the course of collecting demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for specified groups. Existing federal law provides for the Supplemental Nutrition Assistance Program, known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services (department) administers the CalFresh program. Existing law requires the department to publicly report specified information, including certain data specific to students enrolled in an institution of higher learning who receive CalFresh benefits, as specified.
This bill would require specified state agencies, the department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, residents for any report on the CalFresh program, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language group, as specified.
Existing law requires specific state agencies, boards, or and commissions to report, as specified, data on collection categories and tabulations for specified groups. Existing law requires the collected data to be made available to the public except for personal identifying information, which shall be deemed confidential.
This bill would require specified state agencies, including the State Department of Health Care Services and the California Department of Aging, the department to include the collected data in every demographic report on ancestry or ethnic origins of California residents that the state agencies publish or release department publishes or releases on or after July 1, 2025. On or before July 1, 2025, and annually thereafter, the bill would require specified state agencies the department to report to the Legislature on the above-described data collection and methods used to collect that data. The bill would require those state agencies the department to make available to the public the collected data, except for personal identifying information, as specified. The bill would require those state agencies the department to update their its data collection to reflect additional Latino groups, Mesoamerican Indigenous nations, and Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau, as specified. The bill would require those state agencies the department to comply with the bills requirements as early as possible, but no later than July 1, 2025. On
On or after January 1, 2024, the bill would require the State Department of Public Health to comply with the above-described bills requirements if funding is appropriated for this express purpose, as specified.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law requires specified state agencies, boards, or commissions, in the course of collecting demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for specified groups.
This bill would require specified state agencies, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, to use separate collection categories and tabulations for each major Latino, Latin American Indigenous, and Latin American Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language groups, group, as specified.
Existing law requires specific state agencies, boards, or commissions to report, as specified, data on collection categories and tabulations for specified groups. Existing law requires the collected data to be made available to the public except for personal identifying information, which shall be deemed confidential.
This bill would require specified state agencies agencies, including the State Department of Health Care Services and the California Department of Aging, to include the collected data in every demographic report on ancestry or ethnic origins of California residents that the state agencies publish or release on or after July 1, 2025. On or before July 1, 2025, and annually thereafter, the bill would require specified state agencies to report to the Legislature on the above-described data collection and methods used to collect that data. The bill would require those state agencies to make available to the public the collected data, except for personal identifying information, as specified. The bill would require those state agencies to update their data collection to reflect additional Latino groups, major specific Latin American Indigenous groups, and major Latin American Latino groups, Mesoamerican Indigenous nations, and Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau, as specified. The bill would require those state agencies to comply with the bills requirements as early as possible, but no later than July 1, 2025. On or after January 1, 2024, the bill would require the State Department of Public Health to comply with the above-described requirements if funding is appropriated for this express purpose, as specified.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law requires specified state agencies, boards, or commissions, in the course of collecting demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for specified groups.
This bill would require specified state agencies, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, to use separate collection categories and tabulations for each major Latino, Latin American Indigenous, and Latin American Indigenous language groups, as specified.
Existing law requires specific state agencies, boards, or commissions to report, as specified, data on collection categories and tabulations for specified groups. Existing law requires the collected data to be made available to the public except for personal identifying information, which shall be deemed confidential.
This bill would require specified state agencies to include the collected data in every demographic report on ancestry or ethnic origins of California residents that the state agencies publish or release on or after July 1, 2025. On or before July 1, 2025, and annually thereafter, the bill would require specified state agencies to report to the Legislature on the above-described data collection and methods used to collect that data. The bill would require those state agencies to make available to the public the collected data, except for personal identifying information, as specified. The bill would require those state agencies to update their data collection to reflect additional Latino groups, major specific Latin American Indigenous groups, and major Latin American Indigenous language groups as they are reported by the United States Census Bureau, as specified. The bill would require those state agencies to comply with the bills requirements as early as possible, but no later than July 1, 2025.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(a)For purposes of this section, department means the State Department of Social Services whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.
(b)This section shall be known, and may be cited, as the Latino and Indigenous Disparities Reduction Act.
(c)The department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
(1)Each major Latino group, including, but not limited to, Mexican, Guatemalan, Salvadoran, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, Argentinean, Bolivian, Brazilian, Chilean, Colombian, Ecuadorian, Guyanese, Paraguayan, Peruvian, Surinamese, Uruguayan, and Venezuelan.
(2)Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
(3)Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, Kiche, Nahuatl, Mixteco, Purepecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Qanjobal, Triqui, and Chatino.
(d)The data collected pursuant to subdivision (c) shall be included in every demographic report on ancestry or ethnic origins of Californians by the department published or released on or after July 1, 2027.
(e)(1)On or before July 1, 2027, and annually thereafter, the department shall report to the Legislature both of the following:
(A)The data collected pursuant to subdivision (c).
(B)The methods used to collect that data.
(2)The department shall make the data available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(A)The department shall not report demographic data that would permit identification of individuals. The department may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(B)The department shall not report demographic data that would result in statistical unreliability.
(f) A report to be submitted pursuant to paragraph (1) of subdivision (e) shall be submitted in compliance with Section 9795.
(g)Within 18 months after a decennial United States Census is released to the public, the department shall update its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau.
(h)The department shall comply with this section as early as possible following the effective date of this section, but no later than July 1, 2027.
(i)To the extent funding is specifically appropriated for the purpose of implementing this section, on or after January 1, 2026, the State Department of Public Health shall comply with the requirements specified in subdivisions (c) to (g), inclusive, whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
(a)For purposes of this section, department means the State Department of Social Services whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.
(b)This section shall be known, and may be cited, as the Latino and Indigenous Disparities Reduction Act.
(c)The department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
(1)Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Salvadoran, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American. Argentinean, Bolivian, Brazilian, Chilean, Colombian, Ecuadorian, Guyanese, Paraguayan, Peruvian, Surinamese, Uruguayan, and Venezuelan.
(2)Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
(3)Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, Kiche, Nahuatl, Mixteco, Purepecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Qanjobal, Triqui, and Chatino.
(d)The data collected pursuant to subdivision (c) shall be included in every demographic report on ancestry or ethnic origins of Californians by the department published or released on or after July 1, 2025. 2027.
(e)(1)On or before July 1, 2025, 2027, and annually thereafter, the department shall report to the Legislature both of the following:
(A)The data collected pursuant to subdivision (c).
(B)The methods used to collect that data.
(2)The department shall make the data available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(A)The department shall not report demographic data that would permit identification of individuals. The department may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(B)The department shall not report demographic data that would result in statistical unreliability.
(f) A report to be submitted pursuant to paragraph (1) of subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code. 9795.
(g)Within 18 months after a decennial United States Census is released to the public, the department shall update its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau.
(h)The department shall comply with this section as early as possible following the effective date of this section, but no later than July 1, 2025. 2027.
(i)To the extent funding is specifically appropriated for the purpose of implementing this section, on or after January 1, 2024, 2026, the State Department of Public Health shall comply with the requirements specified in subdivisions (c) to (g), inclusive, whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
(a)For purposes of this section, state agency department means any of the following state entities: the State Department of Social Services whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.
(1)The State Department of Health Care Services.(2)The State Department of Social Services.(3)The California Department of Aging.(4)The Department of Health Care Access and Information.(b)This section shall be known, and may be cited, as the Latino and Indigenous Disparities Reduction Act.
(c)A state agency, The department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
(1)Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American.
(2)Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
(3)Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, Kiche, Nahuatl, Mixteco, Purepecha, Tzotsil, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Popti, Qanjobal, Triqui, and Chatino.
(d)The data collected pursuant to subdivision (c) shall be included in every demographic report on ancestry or ethnic origins of Californians by the state agency department published or released on or after July 1, 2025.
(e)(1)On or before July 1, 2025, and annually thereafter, a state agency the department shall report to the Legislature both of the following:
(A)The data collected pursuant to subdivision (c).
(B)The methods used to collect that data.
(2)A state agency The department shall make the data available to the public in accordance with state and federal law, including by posting the data on the internet website of the state agency, department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(A)A state agency The department shall not report demographic data that would permit identification of individuals. A state agency The department may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(B)A state agency The department shall not report demographic data that would result in statistical unreliability.
(f) A report to be submitted pursuant to paragraph (1) of subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code.
(g)Within 18 months after a decennial United States Census is released to the public, a state agency the department shall update the agencys its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau.
(h)A state agency The department shall comply with this section as early as possible following the effective date of this section, but no later than July 1, 2025.
(i)To the extent funding is specifically appropriated for the purpose of implementing this section, on or after January 1, 2024, the State Department of Public Health shall comply with the requirements specified in subdivisions (c) to (g), inclusive, whenever collecting demographic data as to the ancestry or ethnic origin of persons California residents for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
REVISIONS: HeadingLine 3.(a)(1)For purposes of this section, state agency means any of the following state entities:
(A)(1)The State Department of Health Care Services.
(B)To the extent funding is specifically appropriated for the purpose of implementing this section, on or after January 1, 2024, the State Department of Public Health, whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.(C)(2)The State Department of Social Services.
(D)(3)The California Department of Aging.
(E)(4)The Department of Health Care Access and Information.
(2)(b)This section shall be known, and may be cited, as the Latino and Indigenous Disparities Reduction Act.
(b)(c)A state agency, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
(1)Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American.
(2)Each major Latin American Mesoamerican Indigenous group, nation, including, but not limited to, Oaxacan, Mayan, and Aztec. Maya, Aztec, Mixteco, Zapoteco, and Triqui.
(3)Each major Latin American Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, Kiche, Nahuatl, Mixteco, Purepecha, Tzotsil, Maya, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Qanjobal, Triqui, Chatino.
(c)(d)The data collected pursuant to subdivision (b) (c) shall be included in every demographic report on ancestry or ethnic origins of Californians by the state agency published or released on or after July 1, 2025.
(d)(e)(1)On or before July 1, 2025, and annually thereafter, a state agency shall report to the Legislature both the following:
(A)The data collected pursuant to subdivision (b). (c).
(B)The methods used to collect that data.
(2)A state agency shall make the data available to the public in accordance with state and federal law, including by posting the data on the internet website of the state agency, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(A)A state agency shall not report demographic data that would permit identification of individuals. A state agency may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(B)A state agency shall not report demographic data that would result in statistical unreliability.
(e)(f) A report to be submitted pursuant to paragraph (1) of subdivision (d) (e) shall be submitted in compliance with Section 9795 of the Government Code.
(f)With(g)Within 18 months after a decennial United States Census is released to the public, a state agency shall update the agencys data collection to reflect the additional Latino groups, major specific Latin American Mesoamerican Indigenous groups, nations, and major Latin American Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau.
(g)(h)A state agency shall comply with this section as early as possible following the effective date of this section, but no later than July 1, 2025.
(i)To the extent funding is specifically appropriated for the purpose of implementing this section, on or after January 1, 2024, the State Department of Public Health shall comply with the requirements specified in subdivisions (c) to (g), inclusive, whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 of to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
(a)(1)For purposes of this section, state agency means any of the following state entities:
(A)The State Department of Health Care Services.
(B)To the extent funding is specifically appropriated for the purpose of implementing this section, on or after January 1, 2024, the State Department of Public Health, whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The Department of Health Care Access and Information.
(2)This section shall be known, and may be cited, as the Latino and Indigenous Disparities Reduction Act.
(b)A state agency, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
(1)Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American.
(2)Each major Latin American Indigenous group, including, but not limited to, Oaxacan, Mayan, and Aztec.
(3)Each major Latin American Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, Kiche, Nahuatl, Mixteco, Purepecha, Tzotsil, Maya, Amuzgo, Ayuujk (Mixe), Mam, Popti, Qanjobal, Triqui, Chatino.
(c)The data collected pursuant to subdivision (b) shall be included in every demographic report on ancestry or ethnic origins of Californians by the state agency published or released on or after July 1, 2025.
(d)(1)On or before July 1, 2025, and annually thereafter, a state agency shall report to the Legislature both the following:
(A)The data collected pursuant to subdivision (b).
(B)The methods used to collect that data.
(2)A state agency shall make the data available to the public in accordance with state and federal law, including by posting the data on the internet website of the state agency, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(A)A state agency shall not report demographic data that would permit identification of individuals. A state agency may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(B)A state agency shall not report demographic data that would result in statistical unreliability.
(e) A report to be submitted pursuant to paragraph (1) of subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.
(f)With 18 months after a decennial United States Census is released to the public, a state agency shall update the agencys data collection to reflect the additional Latino groups, major specific Latin American Indigenous groups, and major Latin American Indigenous language groups as they are reported by the United States Census Bureau.
(g)A state agency shall comply with this section as early as possible following the effective date of this section, but no later than July 1, 2025.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
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Date
|
Status
|
|---|---|
| Jan 25, 2024 | Veto sustained. |
| Jan 25, 2024 | Stricken from file. |
| Oct 8, 2023 | In Senate. Consideration of Governor's veto pending. |
| Oct 8, 2023 | Vetoed by the Governor. |
| Sep 15, 2023 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 11, 2023 | Assembly amendments concurred in. (Ayes 34. Noes 0. Page 2599.) Ordered to engrossing and enrolling. |
| Sep 7, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 7, 2023 | Read third time. Passed. (Ayes 79. Noes 0. Page 3003.) Ordered to the Senate. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered to second reading. |
| Sep 1, 2023 | From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1). |
| Aug 16, 2023 | August 16 set for first hearing. Placed on suspense file. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jul 12, 2023 | Coauthors revised. |
| Jun 1, 2023 | Referred to Com. on HUM. S. |
| May 25, 2023 | In Assembly. Read first time. Held at Desk. |
| May 24, 2023 | Read third time. Passed. (Ayes 35. Noes 0. Page 1280.) Ordered to the Assembly. |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered to second reading. |
| May 18, 2023 | From committee: Do pass as amended. (Ayes 5. Noes 0. Page 1170.) (May 18). |
| May 12, 2023 | Set for hearing May 18. |
| Apr 24, 2023 | April 24 hearing: Placed on APPR suspense file. |
| Apr 14, 2023 | Set for hearing April 24. |
| Apr 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 686.) (April 11). Re-referred to Com. on APPR. |
| Mar 30, 2023 | Set for hearing April 11. |
| Mar 28, 2023 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0. Page 545.) (March 28). Re-referred to Com. on JUD. |
| Mar 16, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. |
| Mar 14, 2023 | Set for hearing March 28. |
| Feb 22, 2023 | Referred to Coms. on G.O. and JUD. |
| Feb 14, 2023 | From printer. May be acted upon on or after March 16. |
| Feb 13, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2023 | Unfinished Business SB435 Gonzalez et al. Concurrence | Senate Floor |
Passed |
|
| Sep 7, 2023 | SB 435 Gonzalez Senate Third Reading By Arambula | Assembly Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
|
| May 24, 2023 | Senate 3rd Reading SB435 Gonzalez et al. | Senate Floor |
Passed |
|
| May 18, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 11, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Mar 28, 2023 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| #OneContraCosta Coalition | ** Support | |
| AARP | ** Support | |
| Access Reproductive Justice | ** Support | |
| Actum | * Support | Jul 11, 2023 |
| Alliance for A Better Community | ** Support | |
| Altamed Health Services Corporation | ** Support | |
| API Equality-LA | ** Support | |
| Asian Americans Advancing Justice Southern California | ** Support | |
| Asian Pacific Partners for Empowerment, Advocacy and Leadership | ** Support | |
| Asociacion De Migrantes Guatemaltecos, LA | ** Support | |
| Berkeley Health Initiative of The Americas | ** Support | |
| Binational Center for the Development of Oxaqueño Indigenous Communities | * Support | Apr 11, 2023 |
| Buen Vecino | ** Support | |
| CalFresh | * Support | Jul 11, 2023 |
| California Advocacy LLC | * Support | Apr 11, 2023 |
| California Black Health Network | ** Support | |
| California Dental Association | ** Support | |
| California Farmworkers Advocacy Working Group | * Support | Mar 28, 2023 |
| California Food and Farming Network | ** Support | |
| California Health+advocates, Subsidiary of The California Primary Care Association | ** Support | |
| California Institute for Rural Studies | ** Support | |
| California Latinas for Reproductive Justice | ** Support | |
| California LGBTQ Health and Human Services Network | ** Support | |
| California Pan - Ethnic Health Network | ** Support | |
| California Rural Legal Assistance Foundation, Inc. | ** Support | |
| California State Council of Service Employees International Union | ** Support | |
| Casa Del Diabetico Gualan | ** Support | |
| Center for Asian Americans in Action | ** Support | |
| Central California Environmental Justice Network | ** Support | |
| Central Coast Alliance United for a Sustainable Economy | ** Support | |
| Central Valley Immigrant Integration Collaborative | ** Support | |
| centro binacional para el desarrollo indigena oaxaqueno | ** Support | |
| Ceres Community Project | ** Support | |
| Children Now | ** Support | |
| Chinatown Service Center | ** Support | |
| Coalition for Humane Immigrant Rights | ** Support | |
| Communities United for Restorative Youth Justice | ** Support | |
| Community Environmental Council | * Support | Apr 11, 2023 |
| Community Health Councils | ** Support | |
| Comunicades Indigenas en Ledirazgo | ** Support | |
| Comunidades Indígenas en liderazgo | ** Support | |
| Diligencias | ** Support | |
| Disability Rights California | ** Support | |
| Equality California | ** Support | |
| Food Empowerment Project | ** Support | |
| Fund for Santa Barbara | ** Support | |
| Grace Institute - End Child Poverty in Ca | ** Support | |
| Having Our Say Coalition | ** Support | |
| Health Access California | ** Support | |
| Health Education Council | ** Support | |
| Health Equity Initiative, UCSB | ** Support | |
| Health Equity Initiatives at the University of California, Santa Barbara | ** Support | |
| Hispanas Organized for Political Equality | ** Support | |
| Interface Children & Family Services | ** Support | |
| Justice in Aging | ** Support | |
| Kids in Need of Defense | ** Support | |
| Latino Coalition for a Healthy California | ** Support | |
| Latino College of California | * Support | Apr 11, 2023 |
| Leaders LA | ** Support | |
| Los Amigos de la Comunidad, Imperial Valley | ** Support | |
| Maternal and Child Health Access | ** Support | |
| Mixteco/Indigena Community Organizer Project | ** Support | |
| Multi Ethnic Collaborative of Community Agencies | ** Support | |
| National Health Law Program | ** Support | |
| Nourish California | ** Support | |
| Pesticide Action Network North America | ** Support | |
| Public Health Advocates | ** Support | |
| Raizes Collective | ** Support | |
| Regional Asthma Management and Prevention | ** Support | |
| Roots of Change | ** Support | |
| Sacramento Native American Health Center | ** Support | |
| Sacramento Native American Health Center, Inc. | ** Support | |
| San Francisco Aids Foundation | ** Support | |
| San Ysidro Health | ** Support | |
| Sistahfriend's Women’s Counseling and Eldercare Management | ** Support | |
| Southeast Asia Resource Action Center | ** Support | |
| Thai Community Development Center | ** Support | |
| The Children's Partnership | ** Support | |
| The Unity Council | ** Support | |
| Training In Early Abortion For Comprehensive Healthcare | ** Support | |
| training occupational development education communities | ** Support | |
| UCLA Latino Policy and Politics Institute | * Support | Jul 11, 2023 |
| UCLA, Latino Policy & Politics Institute | ** Support | |
| Union De Guatemaltecos Emigrantes | ** Support | |
| University of California Davis | * Support | Apr 11, 2023 |
| University of California Global Health Institute, Center for Gender and Health Justice and UC Santa Barbara Health Equity Initiatives | ** Support | |
| Vision y Compromiso | ** Support | |
| western center on law & poverty | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 435 |
VETO
Bill No: SB 435
Author: Gonzalez (D), et al.
Amended: 9/1/23
Vote: 27
SENATE GOVERNMENTAL ORG. COMMITTEE: 10-0, 3/28/23
AYES: Dodd, Wilk, Alvarado-Gil, Ashby, Bradford, Glazer, Nguyen, Padilla, Roth, Rubio
NO VOTE RECORDED: Archuleta, Jones, Ochoa Bogh, Portantino, Seyarto
SENATE JUDICIARY COMMITTEE: 8-0, 4/11/23
AYES: Umberg, Wilk, Allen, Ashby, Laird, McGuire, Min, Wiener
NO VOTE RECORDED: Durazo, Niello, Stern
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
SENATE FLOOR: 35-0, 5/24/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Dahle, Grove, Jones, Ochoa Bogh, Seyarto
SENATE FLOOR: 34-0, 9/11/23
AYES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Alvarado-Gil, Caballero, Dahle, Grove, Jones, Seyarto
ASSEMBLY FLOOR: 79-0, 9/7/23 - See last page for vote
SUBJECT: Collection of demographic data: CalFresh program and State Department of Public Health
SOURCE: Centro Binacional Para El Desarrollo Indígena Oaxaqueno
Latino Coalition for a Healthy California
Mixteco/Indigena Community Organizer Project
DIGEST:
This bill requires the State Department of Social Services (DSS), in the course of collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language, as specified.
ANALYSIS:
Existing law:
- Requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian Groups and Pacific Islander groups.
- Requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases.
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups.
- Establishes the California Department of Public Health (CDPH), headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease.
- Requires CDPH, on or after July 1, 2022, to the extent funding is appropriated, when collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers.
- Requires that a statute that limits the right to access to the meetings of public bodies or the writing of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
- Provides, under federal law, for the Supplemental Nutrition Assistance Program, known as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.
- Requires, DSS to publicly report specified information, including certain data specific to students enrolled in an institution of higher learning who receive CalFresh benefits, as specified.
This bill:
- Requires DSS, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Guatemalan, Salvadoran,Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, Argentinean, Bolivian, Brazilian, Chilean, Colombian, Ecuadorian, Guyanese, Paraguayan, Peruvian, Surinamese, Uruguyan, and Venezuelan.
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti’, Q’anjob’al, Triqui, and Chatino.
- Defines “department” to mean DSS whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program.
- Requires the data collected pursuant to this bill to be included in every demographic report on ancestry or ethnic origins of Californians by the department published or released on or after July 1, 2027.
- Requires, to the extent funding is specifically appropriated, on or after January 1, 2026, the State Department of Public Health to collect and tabulate data for the groups described above whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates for major diseases, leading causes of death in California overall, pregnancy, housing, and mental health rates.
- Requires, on or after July 1, 2027, and annually thereafter, the department to report to the Legislature both of the following:
- The data collected pursuant to the provisions of this bill.
- The methods used to collect the data.
- Requires the department to make the data available to the public in accordance with state and federal law, including posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
- Prohibits the department from reporting demographic data that would permit identification of individuals.
- Provides that the department shall not report demographic data that would result in statistical unreliability.
- Requires the department, 18 months after a decennial United States Census is released to the public, to update the department’s data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican groups as they are reported by the United States Census Bureau.
Background
Purpose of this Bill. According to the author’s office, “Latinos make up 40% of California’s population. However, within the Latino community there are several ethnic subgroups that have diverse health outcomes. Within the state, instead of looking at these subgroups individually and understanding the challenges they each face, they are viewed as a monolith, which can lead to policymakers and researchers relying on less detailed information that may be collected inconsistently. An example that illustrates the need for more detailed information is current research that has shown that Puerto Ricans have the highest prevalence of asthma in the US mainland at 16% whereas Latinos of Mexican origin have the lowest prevalence of asthmas at 5.4%. This highlights how health data collected by the State isn’t necessarily reflective of the diversity of various subgroups within Latino populations and ignores the health trends within those subgroups.”
Data Disaggregation. Disaggregation of data refers to the breaking down of information into smaller units or variable for the purpose of gaining a deeper understanding of trends and patterns. Proponents of data disaggregation argue that when data is disaggregated, it provides a “full picture” and enhances the understanding of a situation. In addition, proponents argue that policymakers are better equipped to understand the challenges and issues of particular communities and thus better able to respond to those challenges.
According to the author’s office, “data disaggregation is imperative for discovering disparities among the Latino community and addressing them effectively. During the height of the COVID-19 pandemic, Indigenous communities could not access timely and reliable information to access vaccines in California and suffered a higher death rate as a result. SB 435 takes the critical and necessary first step to uncover trends and potential disparities that are often hidden in aggregated numbers for Latinos and Mesoamerican nations by requiring public health state agencies, to collect and disaggregate date for specified groups.”
Related/Prior Legislation
AB 1358 (Muratsuchi, 2022) would have expanded the requirement for certain state agencies to collect disaggregated ethnicity data and would have standardized the collection and tabulation of demographic information by local health officers and health care providers. (Held in the Senate Appropriations Suspense File)
AB 1726 (Bonta, Chapter 607, Statutes of 2016) required CDPH to collect demographic data related to each major Asian and Pacific Islander group, as specified.
AB 176 (Bonta, 2015) would have added requirement for the collection of demographic data, by state’s public segments of postsecondary education and the Department of Managed Health Care pertaining to collection and tabulation categories for Native Hawaiian, Asian, and Pacific Islander groups. (Vetoed by Governor Brown)
AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific islander Communities in California.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, DSS estimates one-time General Fund (GF) automation costs of $435,600 to update its IT data collection systems. Additional one-time costs, of an unknown amount, may be incurred to update forms and other processes.
DSS estimates ongoing GF costs of $199,000 in fiscal year (FY) 2023-24, and $193,000 annually thereafter, for one staff position to implement the demographic data collection changes in balance with the California Health and Human Services Agency’s de-identification risk guidelines across all reporting, to repeatedly review as demographic shifts occur, and to review DSS products to ensure adherence to those guidelines.
In addition, potential costs of an unknown amount to DHCS to the extent the MEDS system, which produces and stores CalFresh demographic data, requires updates as a result of the new data collection requirements in this bill.
Finally, CDPH estimates GF costs of approximately $2.1 million in FY 2024-25, $1.4 million in FY 2025-26, and $900,000 annually thereafter, for five permanent staff positions, three two-year limited-term positions, and contracting services. CDPH indicates it does not have the capacity or technical capabilities to collect the data required by this bill. Funding will be necessary to reevaluate and reprogram existing systems, registries and reports published by CDPH and to support the collection and publication of new data required by this bill.
SUPPORT: (Verified 10/11/23)
Centro Binacional Para El Desarrollo Indígena Oaxaqueno (co-source)
Latino Coalition for a Healthy California (co-source)
Mixteco/Indigena Community Organizer Project (co-source)
#onecontracosta Coalition
AARP
Access Reproductive Justice
Alliance for a Better Community
Altamed Health Services Corporation
API Equality-la
Asian Americans Advancing Justice-Southern California
Asian Pacific Partners for Empowerment, Advocacy and Leadership
Asociacion De Migrantes Guatemaltecos, LA
Berkeley Health Initiative of the Americas
Buen Vecino
California Black Health Network
California Dental Association
California Food and Farming Network
California Health+Advocates, Subsidiary of the California Primary Care Association
California Institute for Rural Studies
California Latinas for Reproductive Justice
California LGBTQ Health and Human Services Network
California Pan - Ethnic Health Network
California Rural Legal Assistance Foundation, Inc.
California State Council of Service Employees International Union
Casa Del Diabetico Gualan
Center for Asian Americans in Action
Central California Environmental Justice Network
Central Coast Alliance United for a Sustainable Economy
Central Valley Immigrant Integration Collaborative
Ceres Community Project
Children Now
Chinatown Service Center
Coalition for Humane Immigrant Rights
Communities United for Restorative Youth Justice
Community Health Councils
Comunidades Indigenas En Liderazgo
Diligencias
Disability Rights California
Equality California
Food Empowerment Project
Fund for Santa Barbara
Grace Institute - End Child Poverty in Ca
Having Our Say Coalition
Health Access California
Health Education Council
Hispanas Organized for Political Equality
Interface Children & Family Services
Justice in Aging
Kids in Need of Defense
Leaders LA
Maternal and Child Health Access
Multi Ethnic Collaborative of Community Agencies
National Health Law Program
Nourish California
Pesticide Action Network North America
Public Health Advocates
Raizes Collective
Regional Asthma Management and Prevention
Roots of Change
Sacramento Native American Health Center
San Francisco Aids Foundation
San Ysidro Health
Sistahfriend's Womens Counseling and Eldercare Management
Southeast Asia Resource Action Center
Thai Community Development Center
The Children's Partnership
The Unity Council
Training in Early Abortion for Comprehensive Health Care
Training Occupational Development Educating Communities
UCLA, Latino Policy & Politics Institute
Union De Guatemaltecos Emigrantes
University of California Global Health Institute, Center for Gender and Health Justice and UC Santa Barbara Health Equity Initiatives
Vision Y Compromiso
Western Center on Law & Poverty
OPPOSITION: (Verified 10/11/23)
None received
ARGUMENTS IN SUPPORT: According to the Latino Coalition for a Healthy California, “Latino subgroups and Meso-American Indigenous Nations have specific needs, such as indigenous language access, to obtain quality and reliable information and services from our state agencies and programs. During the height of the COVID-19 pandemic, indigenous communities could not access timely and reliable information to access vaccines in California and suffered higher deaths as a result. Without disaggregated data, policymakers and researchers must rely on less detailed data released by state agencies or local data that may be collected inconsistently in different jurisdictions, leading to health and related inequities.”
GOVERNOR'S VETO MESSAGE:
This bill would require the CalFresh program, within the California Department of Social Services (CDSS), and the California Department of Public Health (CDPH) to use separate data collection categories for specified Latino groups, Mesoamerican Indigenous nations, and Mesoamerican Indigenous language groups when collecting and reporting demographic data.
Providing more detailed health and demographic information for Latino groups and Mesoamerican Indigenous nations is important to inform our services and supports and to help identify disparities. To this end, my Administration is actively monitoring and reviewing the United States Office of Management and Budget's (OMB) update to federal standards for collection and reporting of race and ethnicity information, and looks forward to engaging stakeholders in this effort. California is required to submit data to the federal government using these federal standards, and programs that receive federal funding must also use these standards. As such, implementing a different framework for data collection in California prior to the release of updated federal standards is premature.
ASSEMBLY FLOOR: 79-0, 9/7/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Essayli
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
10/19/23 11:12:57
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 435 |
UNFINISHED BUSINESS
Bill No: SB 435
Author: Gonzalez (D), et al.
Amended: 9/1/23
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 10-0, 3/28/23
AYES: Dodd, Wilk, Alvarado-Gil, Ashby, Bradford, Glazer, Nguyen, Padilla, Roth, Rubio
NO VOTE RECORDED: Archuleta, Jones, Ochoa Bogh, Portantino, Seyarto
SENATE JUDICIARY COMMITTEE: 8-0, 4/11/23
AYES: Umberg, Wilk, Allen, Ashby, Laird, McGuire, Min, Wiener
NO VOTE RECORDED: Durazo, Niello, Stern
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
SENATE FLOOR: 35-0, 5/24/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Dahle, Grove, Jones, Ochoa Bogh, Seyarto
ASSEMBLY FLOOR: 79-0, 9/7/23 - See last page for vote
SUBJECT: State agencies: collection of demographic data
SOURCE: Centro Binacional Para El Desarrollo Indígena Oaxaqueno Latino Coalition for a Healthy California
Mixteco/Indigena Community Organizer Project
__________________________________________________________________
DIGEST:
This bill requires the State Department of Social Services (DSS), in the course of collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language, as specified.
Assembly Amendments
push back the implementation date of the bill and add Argentinean, Bolivian, Brazilian, Chilean, Colombian, Ecuadorian, Guyanese, Paraguayan, Peruvian, Surinamese, Uruguayan, and Venezuelan to the list of major Latino groups that DSS must use as separate collection categories.
ANALYSIS:
Existing law:
- Requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian Groups and Pacific Islander groups.
- Requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases.
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups.
- Establishes the California Department of Public Health (CDPH), headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease.
- Requires CDPH, on or after July 1, 2022, to the extent funding is appropriated, when collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers.
- Requires that a statute that limits the right to access to the meetings of public bodies or the writing of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
- Provides, under federal law, for the Supplemental Nutrition Assistance Program, known as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.
- Requires, DSS to publicly report specified information, including certain data specific to students enrolled in an institution of higher learning who receive CalFresh benefits, as specified.
This bill:
- Requires DSS, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Guatemalan, Salvadoran,Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, Argentinean, Bolivian, Brazilian, Chilean, Colombian, Ecuadorian, Guyanese, Paraguayan, Peruvian, Surinamese, Uruguyan, and Venezuelan.
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti’, Q’anjob’al, Triqui, and Chatino.
- Defines “department” to mean DSS whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program.
- Requires the data collected pursuant to this bill to be included in every demographic report on ancestry or ethnic origins of Californians by the department published or released on or after July 1, 2027.
- Requires, to the extent funding is specifically appropriated, on or after January 1, 2026, the State Department of Public Health to collect and tabulate data for the groups described above whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates for major diseases, leading causes of death in California overall, pregnancy, housing, and mental health rates.
- Requires, on or after July 1, 2027, and annually thereafter, the department to report to the Legislature both of the following:
- The data collected pursuant to the provisions of this bill.
- The methods used to collect the data.
- Requires the department to make the data available to the public in accordance with state and federal law, including posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
- Prohibits the department from reporting demographic data that would permit identification of individuals.
- Provides that the department shall not report demographic data that would result in statistical unreliability.
- Requires the department, 18 months after a decennial United States Census is released to the public, to update the department’s data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican groups as they are reported by the United States Census Bureau.
Background
Purpose of the Bill. According to the author’s office, “Latinos make up 40% of California’s population. However, within the Latino community there are several ethnic subgroups that have diverse health outcomes. Within the state, instead of looking at these subgroups individually and understanding the challenges they each face, they are viewed as a monolith, which can lead to policymakers and researchers relying on less detailed information that may be collected inconsistently. An example that illustrates the need for more detailed information is current research that has shown that Puerto Ricans have the highest prevalence of asthma in the US mainland at 16% whereas Latinos of Mexican origin have the lowest prevalence of asthmas at 5.4%. This highlights how health data collected by the State isn’t necessarily reflective of the diversity of various subgroups within Latino populations and ignores the health trends within those subgroups.”
Data Disaggregation. Disaggregation of data refers to the breaking down of information into smaller units or variable for the purpose of gaining a deeper understanding of trends and patterns. Proponents of data disaggregation argue that when data is disaggregated, it provides a “full picture” and enhances the understanding of a situation. In addition, proponents argue that policymakers are better equipped to understand the challenges and issues of particular communities and thus better able to respond to those challenges.
According to the author’s office, “data disaggregation is imperative for discovering disparities among the Latino community and addressing them effectively. During the height of the COVID-19 pandemic, Indigenous communities could not access timely and reliable information to access vaccines in California and suffered a higher death rate as a result. SB 435 takes the critical and necessary first step to uncover trends and potential disparities that are often hidden in aggregated numbers for Latinos and Mesoamerican nations by requiring public health state agencies, to collect and disaggregate date for specified groups.”
Related/Prior Legislation
AB 1358 (Muratsuchi, 2022) would have expanded the requirement for certain state agencies to collect disaggregated ethnicity data and would have standardized the collection and tabulation of demographic information by local health officers and health care providers. (Held in the Senate Appropriations Suspense File)
AB 1726 (Bonta, 2016) Chapter 607, Statutes of 2016) required CDPH to collect demographic data related to each major Asian and Pacific Islander group, as specified.
AB 176 (Bonta, 2015) would have added requirement for the collection of demographic data, by state’s public segments of postsecondary education and the Department of Managed Health Care pertaining to collection and tabulation categories for Native Hawaiian, Asian, and Pacific Islander groups. (Vetoed by Governor Brown)
AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific islander Communities in California.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, DSS estimates one-time General Fund (GF) automation costs of $435,600 to update its IT data collection systems. Additional one-time costs, of an unknown amount, may be incurred to update forms and other processes.
DSS estimates ongoing GF costs of $199,000 in fiscal year (FY) 2023-24, and $193,000 annually thereafter, for one staff position to implement the demographic data collection changes in balance with the California Health and Human Services Agency’s de-identification risk guidelines across all reporting, to repeatedly review as demographic shifts occur, and to review DSS products to ensure adherence to those guidelines.
In addition, potential costs of an unknown amount to DHCS to the extent the MEDS system, which produces and stores CalFresh demographic data, requires updates as a result of the new data collection requirements in this bill.
Finally, CDPH estimates GF costs of approximately $2.1 million in FY 2024-25, $1.4 million in FY 2025-26, and $900,000 annually thereafter, for five permanent staff positions, three two-year limited-term positions, and contracting services. CDPH indicates it does not have the capacity or technical capabilities to collect the data required by this bill. Funding will be necessary to reevaluate and reprogram existing systems, registries and reports published by CDPH and to support the collection and publication of new data required by this bill.
SUPPORT: (Verified 9/7/23)
Centro Binacional Para El Desarrollo Indígena Oaxaqueno (co-source)
Latino Coalition for a Healthy California (co-source)
Mixteco/Indigena Community Organizer Project (co-source)
#onecontracosta Coalition
AARP
Access Reproductive Justice
Alliance for A Better Community
Altamed Health Services Corporation
API Equality-la
Asian Americans Advancing Justice-Southern California
Asian Pacific Partners for Empowerment, Advocacy and Leadership
Asociacion De Migrantes Guatemaltecos, LA
Berkeley Health Initiative of The Americas
Buen Vecino
California Black Health Network
California Dental Association
California Food and Farming Network
California Health+Advocates, Subsidiary of The California Primary Care Association
California Institute for Rural Studies
California Latinas for Reproductive Justice
California LGBTQ Health and Human Services Network
California Pan - Ethnic Health Network
California Rural Legal Assistance Foundation, Inc.
California State Council of Service Employees International Union
Casa Del Diabetico Gualan
Center for Asian Americans in Action
Central California Environmental Justice Network
Central Coast Alliance United for A Sustainable Economy
Central Valley Immigrant Integration Collaborative
Ceres Community Project
Children Now
Chinatown Service Center
Coalition for Humane Immigrant Rights
Communities United for Restorative Youth Justice
Community Health Councils
Comunidades Indigenas En Liderazgo
Diligencias
Disability Rights California
Equality California
Food Empowerment Project
Fund for Santa Barbara
Grace Institute - End Child Poverty in Ca
Having Our Say Coalition
Health Access California
Health Education Council
Hispanas Organized for Political Equality
Interface Children & Family Services
Justice in Aging
Kids in Need of Defense
Leaders LA
Maternal and Child Health Access
Multi Ethnic Collaborative of Community Agencies
National Health Law Program
Nourish California
Pesticide Action Network North America
Public Health Advocates
Raizes Collective
Regional Asthma Management and Prevention
Roots of Change
Sacramento Native American Health Center
San Francisco Aids Foundation
San Ysidro Health
Sistahfriend's Womens Counseling and Eldercare Management
Southeast Asia Resource Action Center
Thai Community Development Center
The Children's Partnership
The Unity Council
Training in Early Abortion for Comprehensive Health Care
Training Occupational Development Educating Communities
UCLA, Latino Policy & Politics Institute
Union De Guatemaltecos Emigrantes
University of California Global Health Institute, Center for Gender and Health Justice and UC Santa Barbara Health Equity Initiatives
Vision Y Compromiso
Western Center on Law & Poverty
OPPOSITION: (Verified 9/7/23)
None received
ARGUMENTS IN SUPPORT: According to the Latino Coalition for a Healthy California, “Latino subgroups and Meso-American Indigenous Nations have specific needs, such as indigenous language access, to obtain quality and reliable information and services from our state agencies and programs. During the height of the COVID-19 pandemic, indigenous communities could not access timely and reliable information to access vaccines in California and suffered higher deaths as a result. Without disaggregated data, policymakers and researchers must rely on less detailed data released by state agencies or local data that may be collected inconsistently in different jurisdictions, leading to health and related inequities.”
ASSEMBLY FLOOR: 79-0, 9/7/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Essayli
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
9/8/23 10:18:34
**** END ****
SENATE THIRD READING
STR Bill Id:SB 435
Author:(Gonzalez)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Requires the California Department of Social Services (CDSS) and the California Department of Public Health (CDPH) to include separate collection categories for each major Latino group, each major Mesoamerican Indigenous nation, and major Mesoamerican Indigenous language group when collecting demographic data, as specified.
Major Provisions
- Establishes the "Latino and Indigenous Disparities Reduction Act."
- Defines "department" as CDSS whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program.
- Requires CDSS, in the course of collecting demographic data directly or by contract as to the ancestry of ethnic origin of California residents, to use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Guatemalan, Salvadoran, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, Argentinean, Bolivian, Brazilian, Chilean, Colombian, Ecuadorian, Guyanese, Paraguayan, Peruvian, Surinamese, Uruguayan, and Venezuelan;
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui; and,
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti’, Q’anjob’al, Triqui, and Chatino.
- Requires the data collected to be included in every demographic report on ancestry or ethnic origins of Californians by CDSS published or released on or after July 1, 2027.
- Requires CDSS to report to the Legislature, on or before July 1, 2027, the following:
- The data collected in 3), above; and,
- The methods used to collect that data.
- Requires CDSS to make the data available to the public in accordance with state and federal law, including by posting the data on CDSS' website, except for personally identifying information, which is deemed confidential and is not to be disclosed.
- Prohibits CDSS from reporting demographic data that would permit identification of individuals, and permits CDSS, in order to prevent identification of individuals, to aggregate data categories at a state, county, city, census tract, or ZIP code level to facilitate comparisons and identify disparities;
- Prohibits CDSS from reporting demographic data that would result in statistical unreliability.
- Requires CDSS, within 18 months after a decennial United States (U.S.) Census is released to the public, to update its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the U.S. Census Bureau.
- Requires CDSS to comply with the provisions of this bill as early as possible, but no later than July 1, 2027.
- Requires CDPH to comply with the requirements specified between 3) and 7), above, inclusive, on or after January 1, 2026, to the extent funding is specifically appropriated, whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates of major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
- Makes legislative findings and declarations related to this Act imposing a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies, and finds that in order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
COMMENTS
Background: United States Census. The U.S. Census Bureau conducted the first decennial census in 1790 to collect demographic information about the population. Despite the long history of Latino or Hispanic residents in the U.S., there had been no systematic effort to collect data on this group separately until the 1930 Census when the option of choosing "Mexican" was added as a racial category. Close to 1.5 million were counted in this group, ranking "Mexicans" as the third largest "racial" group after white and Black people. Yet, this approach still resulted in an undercount of the Latino/Hispanic population since many Latinos/Hispanics did not identify as "Mexican". The 1970 Census was the first to include a question on Latino/Hispanic origin, allowing individuals to self-identity as being of Hispanic, Latino, or Spanish origin, regardless of race. While precise counting of the Latino/Hispanic population remained a challenge, this change was significant as it recognized the distinct ethnic identity of the Latino/Hispanic population and allowed for a more accurate representation of this group in the census data. Since then, the Bureau has continued to refine and expand its data collection efforts by adding more categories to capture the diversity within the Latino/Hispanic population. Currently, the Bureau adheres to the 1997 U.S. Office of Management and Budget standards.
Existing Racial/Ethnic Data Collection in California. Efforts have been made in California to disaggregate data specifically for the Asian and Pacific Islander (AAPI) community. Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians are required to use separate collection categories and tabulations for each major Asian group. CDPH is also required to collect demographic data related to each major AAPI group [AB 1726 (Bonta), Chapter 607, Statutes of 2016], as well as DIR and DFEH [AB 1088 (Eng), Chapter 689, Statutes of 2011].
Latino & Mesoamerica Indigenous Subgroups in the U.S. & California. According to the 2020 Census, there are currently 62.1 million self-identified Latino or Hispanic people in the U.S. Of the 62.1 million Latinos or Hispanics in the U.S., 24.5 million were in California, making it the largest ethnicity in the state. The Pew Research Center cites the fastest growing origin groups in the U.S. between 2010 and 2021 were Venezuelans (up 172%), Dominicans (up 59%), Hondurans (up 57%), and Guatemalans (up 53%). At the state level, Mexicans are the largest Latino population in 40 out of 50 states. The United Nation’s Children Fund (UNICEF) states there are 522 Indigenous peoples in Latin America who speak over 420 different languages.
Indigeneity is often erased in the immigrant/migrant narrative, and are often undercounted in the census. While the census approximates 20,000 Indigenous speakers from Latin America residing in the U.S., there is an estimated 200,000 Latinos of Indigenous origin living in California, according to the Latino Community Foundation. Research shows that Indigenous participants from Central and South America associated the phrase "American Indian or Alaska Native" in the census with tribal enrollment exclusive to Indigenous groups in the U.S, which has led to many Mesoamerica Indigenous people identifying as Latino or Hispanic.
Data Inequities. The continued lack of visibility and representation in data for some populations, known as data inequity, leads to certain ethnic subgroups experiencing worse outcomes than others. In the aggregate, the Latino population experience disproportionate distribution of poverty, language barriers, and discrimination, as well as lack of health insurance and access to quality health care, which increases their risk of morbidity and mortality as a whole. However, health and life outcomes, such as cardiovascular disease, asthma, obesity diabetes, and hypertension, vary significantly by nativity status, country of origin, language, and duration of residence in the U.S. According to several bodies of research, data inequity is a form of systemic racism, "wherein data collection, analysis, and reporting policies, practices, and norms continue to disproportionately exclude certain communities from access to opportunities and resources," says researchers in a 2021 literature review titled, "The Critical Role of Racial/Ethnic Data Disaggregation for Health Equity." When the needs of racial/ethnic subpopulations are ignored because the data does not exist, health disparities are further perpetuated among some of the most disadvantaged communities that continue to remain invisible—which this bill aims to address. Currently, state systems and programs do not collect data on these subgroups.
According to the Author
"Latinos make up 40% of California's population. However, within the Latino community there are several ethnic subgroups that have diverse health outcomes. Data disaggregation is imperative for discovering disparities among the Latino community and addressing them effectively. [This bill] takes the critical and necessary first step to uncover trends and potential disparities that are often hidden in aggregated numbers for Latinos and Indigenous Mesoamericans in California by requiring public health state agencies, to collect and disaggregate data for specified subgroups."
Arguments in Support
Centro Binacional de Desarrollo Indígena Oaxaqueño writes, "This legislation requires [disaggregated] data to be used to report on critical health-related outcomes, including rates of major disease, leading causes of death, and other important health information."
Arguments in Opposition
No opposition on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee on September 1, 2023:
- One-time General Fund (GF) automation costs of an unknown amount for CDSS to update its IT data collection systems. Additional one-time costs, of an unknown amount, may be incurred to update forms and other processes.
- CDSS estimates ongoing GF costs of $199,000 in the first year, and $193,000 annually thereafter, for one staff position to implement the demographic data collection changes in balance with the California Health and Human Services Agency's de-identification risk guidelines across all reporting, to repeatedly review as demographic shifts occur, and to review CDSS products to ensure adherence to those guidelines.
- Potential costs of an unknown amount to DHCS to the extent the MEDS system, which produces and stores CalFresh demographic data, requires updates as a result of the new data collection requirements in this bill.
- CDPH estimates GF costs of approximately $2.1 million in the first year, $1.4 million in the second year, and $900,000 annually thereafter, for five permanent staff positions, three two-year limited-term positions, and contracting services. CDPH indicates it does not have the capacity or technical capabilities to collect the data required by this bill. Funding will be necessary to reevaluate and reprogram existing systems, registries and reports published by CDPH and to support the collection and publication of new data required by this bill.
VOTES
SENATE FLOOR: 35-0-5
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Dahle, Grove, Jones, Ochoa Bogh, Seyarto
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bonta, Bryan, Garcia
ABS, ABST OR NV: Calderon
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Wilson
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Sanchez, Soria
UPDATED
VERSION: September 1, 2023
CONSULTANT: Bri-Ann Hernandez / HUM. S. / (916) 319-2089 FN: 0001575
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 435
Author:(Gonzalez) – As Amended Ver:May 18, 2023
Policy Committee: | Human Services | Vote: | 7 - 0 |
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| ||
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the California Department of Social Services (CDSS) and the California Department of Public Health (CDPH) to include separate collection categories for each major Latino group, each major Mesoamerican Indigenous nation, and each major Mesoamerican Indigenous language group when collecting demographic data.
Specifically, this bill:
- Requires CDSS, when collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American.
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti’, Q’anjob’al, Triqui, and Chatino.
- Requires CDSS to include the data described above in every CDSS demographic report on ancestry or ethnic origins of Californians published or released on or after July 1, 2025.
- Requires CDSS, by July 1, 2025, and annually thereafter, to report to the Legislature the data collected in 1, above, and the methods used to collect that data.
- Requires CDSS to make the data available to the public in accordance with state and federal law, including by posting the data on CDSS’ website, except for personally identifying information, which is deemed confidential and is not to be disclosed, as specified.
- Requires CDSS, within 18 months after a decennial United States (U.S.) Census is released to the public, to update its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the U.S. Census Bureau.
- Requires CDSS to comply with the provisions of this bill as early as possible, but no later than July 1, 2025.
- Requires CDPH to comply with the requirements specified in 1 through 5, above, to the extent funding is specifically appropriated, whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates of major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
FISCAL EFFECT:
- CDSS estimates one-time General Fund (GF) automation costs of $435,600 to update its IT data collection systems. Additional one-time costs, of an unknown amount, may be incurred to update forms and other processes.
- CDSS estimates ongoing GF costs of $199,000 in fiscal year (FY) 2023-24, and $193,000 annually thereafter, for one staff position to implement the demographic data collection changes in balance with the California Health and Human Services Agency’s de-identification risk guidelines across all reporting, to repeatedly review as demographic shifts occur, and to review CDSS products to ensure adherence to those guidelines.
- Potential costs of an unknown amount to DHCS to the extent the MEDS system, which produces and stores CalFresh demographic data, requires updates as a result of the new data collection requirements in this bill.
- CDPH estimates GF costs of approximately $2.1 million in FY 2024-25, $1.4 million in FY 2025-26, and $900,000 annually thereafter, for five permanent staff positions, three two-year limited-term positions, and contracting services. CDPH indicates it does not have the capacity or technical capabilities to collect the data required by this bill. Funding will be necessary to reevaluate and reprogram existing systems, registries and reports published by CDPH and to support the collection and publication of new data required by this bill.
COMMENTS:
- Purpose. The author seeks to better understand racial and ethnic health disparities in groups of Latino communities and Mesoamerican communities by improving the collection of disaggregated data. According to the author:
Latinos make up 40% of California’s population. However, within the Latino community there are several ethnic subgroups that have diverse health outcomes. Data disaggregation is imperative for discovering disparities among the Latino community and addressing them effectively. [This bill] takes the critical and necessary first step to uncover trends and potential disparities that are often hidden in aggregated numbers for Latinos and Indigenous Mesoamericans in California by requiring public health state agencies, to collect and disaggregate data for specified subgroups.
- Background. In an effort to disaggregate date for the Asian and Pacific Islander (AAPI) community, existing state law requires a state agency, board, or commission that collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian, and each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan.
In addition, existing law requires both the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (recently renamed the Civil Rights Department (CRD)) to collect and tabulate data for additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai, and additional major Native Hawaiian and other Pacific Islander groups, including but not limited to, Fijian and Tongan.
Most recently, AB 1726 (Bonta), Chapter 607, Statutes of 2016, required CDPH, beginning July 1, 2022, and if funding is available, to collect demographic data for each major AAPI group named above when collecting demographic data for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers.
This bill requires CDSS, for the CalFresh program, and CDPH, for specified reports, to disaggregate data for Latino subgroups and Mesoamerican subgroups, similar to the requirements for AAPI groups. Unlike existing state law requirements, and potentially in conflict with federal OMB data collection standards for census and federal funding purposes, this bill additionally includes data collection on languages.
- Prior Legislation. AB 1358 (Muratsuchi), of the 2021-22 Legislative Session, would have expanded the requirement for DIR and CRD to collect disaggregated ethnicity data for major Hispanic, Latino, or Spanish groups, major Caribbean groups, major Black or African American groups, and Native American groups, and would have required CDPH to standardize the collection and tabulation of demographic information by local health officers and health care providers. AB 1358 was held on the Senate Appropriation Committee’s suspense file.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: July 11, 2023
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Corey A. Jackson, Chair
SBPCA Bill Id:SB 435
Author:(Gonzalez) – As Amended Ver:May 18, 2023
SENATE VOTE: 35-0
SUBJECT: Collection of demographic data: CalFresh program and State Department of Public Health
SUMMARY: Requires the California Department of Social Services (CDSS) and the California Department of Public Health (CDPH) to include separate collection categories for each major Latino group, each major Mesoamerican Indigenous nation, and major Mesoamerican Indigenous language group when collecting demographic data, as specified. Specifically, this bill:
- Establishes the “Latino and Indigenous Disparities Reduction Act.”
- Defines “department” as CDSS whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program.
- Requires CDSS, in the course of collecting demographic data directly or by contract as to the ancestry of ethnic origin of California residents, to use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American;
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui; and,
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti’, Q’anjob’al, Triqui, and Chatino.
- Requires the data collected to be included in every demographic report on ancestry or ethnic origins of Californians by CDSS published or released on or after July 1, 2025.
- Requires CDSS to report to the Legislature, on or before July 1, 2025, the following:
- The data collected in 3) above; and,
- The methods used to collect that data.
- Requires CDSS to make the data available to the public in accordance with state and federal law, including by posting the data on CDSS’ website, except for personally identifying information, which is deemed confidential and is not to be disclosed.
- Prohibits CDSS from reporting demographic data that would permit identification of individuals, and permits CDSS, in order to prevent identification of individuals, to aggregate data categories at a state, county, city, census tract, or ZIP code level to facilitate comparisons and identify disparities;
- Prohibits CDSS from reporting demographic data that would result in statistical unreliability.
- Requires CDSS, within 18 months after a decennial United States (U.S.) Census is released to the public, to update its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the U.S. Census Bureau.
- Requires CDSS to comply with the provisions of this bill as early as possible, but no later than July 1, 2025.
- Requires CDPH to comply with the requirements specified between 3) and 7) above, inclusive, to the extent funding is specifically appropriated, whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates of major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
- Makes legislative findings and declarations related to this Act imposing a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies, and finds that in order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
EXISTING LAW:
- Requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following: each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian; and each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan. (Government Code Section [GOV] 8310.5)
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to collect and tabulate data for those groups listed above, as well as additional major Asian groups including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai, and additional major Native Hawaiian groups and other Pacific Islander groups including, but not limited to Fijian and Tongan. (GOV 8310.7)
- Establishes CDPH, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease. (Health and Safety Code Sections 131050-131135)
- Requires CDPH, on or after July 1, 2022, to the extent funding is appropriated, when collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups. (GOV 8310.7)
- Establishes under federal law the “Supplemental Nutrition Assistance Program” (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (7 United States Code Section 2011 et seq., Welfare and Institutions Code Section 18900 et seq.)
FISCAL EFFECT: According to the Senate Appropriations Committee analysis on May 18, 2023:
- Unknown, likely significant fiscal impact ranging in the hundreds of thousands to low millions of dollars, for CDSS to updates its current IT data collection systems, forms, and other processes.
- CDPH reports costs of approximately $1.9 million in the first year, $1.1 million in the second year, and $567,000 in the third year and ongoing (General Fund). Costs includes changing IT systems and education about categories for CDPH’s reporting programs, and reconciling categories between the state and federal government.
COMMENTS:
Background: United States Census. The U.S. Census Bureau (Bureau) is a federal agency responsible for collecting and providing statistical data about the American population and economy. The primary responsibility of the Bureau is conducting the census every 10 years, which counts every person residing in the U.S. and collects demographic information about the population in accordance with the U.S. Office of Management and Budget (OMB). Over time, the census has evolved to reflect changes in society and the recognition of diverse racial and ethnic groups.
The first decennial census was conducted in 1790, which counted close to 4 million people. The census primarily focused on collecting the number of free white males, free white females, other free persons, and slaves, reflecting the prevailing racial and social structures of the time. In subsequent decades, the census expanded to include more racial categories. However, the focus remained primarily on racial categorization rather than ethnic or national origin, and still prohibited any person of mixed origin to claim membership in more than one category or as white. A person of a mixed African and European ancestry were identified as “mulatto” in the 1850 Census; Native Americans were not recognized until 1860, when the racial category of “Indian” was added; “Chinese” was added in 1870 as the first category for people of Asian descent, following “Japanese” in 1890; “Other” was added in 1910, which primarily referred to people of Korean and Filipino descent; and by 1920, “Filipino”, “Korean” and “Hindu” were enumerated.
Despite the long history of Latino or Hispanic residents in the U.S., there had been no systematic effort to collect data on this group separately until the 1930 Census when the option of choosing “Mexican” was added as a racial category. Close to 1.5 million were counted in this group, ranking “Mexicans” as the third largest “racial” group after white and Black people. Yet, this approach still resulted in an undercount of the Latino/Hispanic population since many Latinos/Hispanics did not identify as “Mexican” or fit into the other limited racial categories. Recognizing the limitations of this approach, the Bureau introduced additional changes in subsequent years to collect data on Hispanic or Latino ethnicity separately from race, and for the first time, allow residents themselves to complete the census forms. The 1970 Census was the first to include a question on Latino/Hispanic origin, allowing individuals to self-identity as being of Hispanic, Latino, or Spanish origin, regardless of race. The specific categories included, “Mexican, Puerto Rican, Cuban, Central or South American,” which represent strikingly different cultures and histories. While precise counting of the Latino/Hispanic population remained a challenge, this change was significant as it recognized the distinct ethnic identity of the Latino/Hispanic population and allowed for a more accurate representation of this group in the census data. Since then, the Bureau has continued to refine and expand its data collection efforts by adding more categories to capture the diversity within the Latino/Hispanic population. In fact, the OMB closed public comment on April 12, 2023, relating to data disaggregation for race and ethnic group categories, and will complete its revisions no later than the summer of 2024.
Currently, the Bureau adheres to the 1997 OMB standards, which require two separate race and ethnicity questions. For data on ethnicity, two minimum categories to choose from include: 1) Of Hispanic, Latino, or Spanish origin or 2) Not of Hispanic, Latino, or Spanish origin. For data on race, five minimum categories to choose from include: 1) American Indian or Alaska Native;
2) Asian; 3) Black or African American; 4) Native Hawaiian or Other Pacific Islander; and,
5) White. The OMB standards also encourage the collection of detailed responses. To accomplish this, a write-in area was added in the 2020 Census to give respondents from all backgrounds the opportunity to self-identity multiple racial/ethnic identities.
Existing Racial/Ethnic Data Collection in California. Data disaggregation refers to the breaking down of collected data into smaller definable units to better understand underlying patterns and trends. Efforts have been made in California to disaggregate data specifically for the Asian and Pacific Islander (AAPI) community.
- AB 1726 (Bonta), Chapter 607, Statutes of 2016, set precedent to require CDPH to collect demographic data related to each major AAPI group. The data collected is also used in reports that collect information regarding the ancestry or ethnic origin of persons that includes rates for major diseases, leading causes of death per demographic, pregnancy rates, and housing numbers;
- AB 1088 (Eng), Chapter 689, Statutes of 2011, required DIR and DFEH to similarly collect and tabulate data for each major Asian group; and,
- Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians are required to use separate collection categories and tabulations for each major Asian group.
Despite the Latino community representing 40% of the California population, current law only requires that agencies collect data on individuals using the broad term of “Latino.” While the term Latino aligns with the OMB standards, and has allowed California data to be compared against data released nationally, there is a wide variety of ethnic subgroups and languages within the Latino population that is not captured. This bill seeks to require CDPH and CDSS, for the CalFresh program, to disaggregate data for Latino subgroups and Mesoamerican subgroups to better understand the barriers these groups are facing that are hidden in the monolithic term of Latino.
Latino & Mesoamerica Indigenous Subgroups in the U.S. & California. According to the 2020 Census, there are currently 62.1 million self-identified Latino or Hispanic people in the U.S., which increased from 50.5 million in 2010. Of the 62.1 million Latinos or Hispanics in the U.S., 24.5 million were in California, making it the largest ethnicity in the state. Latino subgroups represent over 25 countries in the Caribbean and Central and South America. While Mexicans accounted for nearly 60% (or 37.2 million people) of the nation’s overall Latino/Hispanic population in 2021, the Latino population is diversifying. According to the Pew Research Center, between 2010 and 2021, the fastest growing origin groups in the U.S. were Venezuelans (up 172%), Dominicans (up 59%), Hondurans (up 57%), and Guatemalans (up 53%). At the state level, Mexicans are the largest Latino population in 40 out of 50 states. Additionally, according to the United Nation’s Children Fund (UNICEF), there are 522 Indigenous peoples in Latin America who speak over 420 different languages. The Pew Research Center found that immigrants make up a declining share of the U.S. Latinos today, while U.S.-born Latinos comprise a majority.
Despite decreased rates of immigrant arrivals, indigeneity is often erased in the immigrant/migrant narrative, and are often undercounted in the census due to many being classified under Latino/Hispanic. While the census approximates 20,000 Indigenous speakers from Latin America residing in the U.S., there is an estimated 200,000 Latinos of Indigenous origin living in California, according to the Latino Community Foundation. Although the racial group “American Indian or Alaska Native” is included in census surveys and is intended for use by Central and South American Indigenous groups, research shows that Indigenous participants from Central and South America associated the phrase with tribal enrollment exclusive to Indigenous groups in the U.S. This has led to many Mesoamerica Indigenous people identifying as Latino or Hispanic, which leads to a substantial underreporting of Indigenous migrant populations in the U.S. – a similar issue described earlier by Latinos or Hispanics who only had the option of choosing “Mexican” in the 1930 Census. A separate study conducted by a UCLA professor estimated as many as 200,000 Zapotecs living in Los Angeles County.
Apart from ethnic misidentification among Indigenous populations from Central and South America in census surveys, many fear revealing their identity and ability to speak an Indigenous language due to discrimination. Indigenous nonprofits have largely done the work to count the number of Indigenous Latin Americans residing in California and provide services to meet their needs. This bill aims to systematically collect demographic data on this group to better understand the number of ethnic subgroups residing in California and the Mesoamerican languages spoken who receive CalFresh benefits. This bill also aims to collect this demographic data by CDPH for purpose of reporting on rates of major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
Data Inequities. Health outcomes or measures related to the social determinants of health are often discussed in reference to the five broad racial/ethnic categories defined by the OMB. However, there is a growing recognition that significant variation exists within these racial/ethnic groups, particularly within Latinos/Hispanics. When data is aggregated to the broad term of Latino/Hispanic, factors like nativity, immigrant status, language, socioeconomic status, and experiences with structural and interpersonal racism – which all significantly impact health outcomes – are lost, and limits the ability to target health and social services resources where they are needed most among each community experiencing significant disparities.
Latino subgroups and Indigenous Latin Americans have distinct needs, such as Indigenous language access, in order to obtain quality and reliable information and services from our state agencies and programs. The Comunidades Indígenas en Liderazgo (CIELO) and the UCLA Bunche Center collected data on Latin American Indigenous people residing in the Los Angeles area and found at least 20 Indigenous languages were spoken, including Zapoteco, Chinanteco, K’iche’, and Ayuujk. Without disaggregated data, hidden trends remain unexposed, and this invisibility can have dire social, health, and economic consequences. During the height of the COVID-19 pandemic, Indigenous communities from Latin America could not access timely and reliable information to access vaccines in California due to language barriers, which was a contributing factor to higher death rates. This bill seeks to require data collection for each major Mesoamerican Indigenous nation, including, but not limited to Maya, Aztec, Mixteco, and Zapoteco, and each major Mesoamerican Indigenous language group, including, but not limited to Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Q’anjob’al, Triui, and Chatino among specific state agencies.
The collection of more meaningfully disaggregated racial/ethnic data is uncommon for the Latino/Hispanic population, and even more rare is the analysis and reporting of those data. The continued lack of visibility and representation in data for some populations, also known as data inequity, leads to certain ethnic subgroups experiencing worse outcomes than others. Currently, policymakers and researchers in California must rely on less detailed data released by state agencies or local data that may be collected inconsistently in different jurisdictions, which can lead to health inequities. According to several bodies of research, data inequity is a form of systemic racism, “wherein data collection, analysis, and reporting policies, practices, and norms continue to disproportionately exclude certain communities from access to opportunities and resources,” says researchers in a 2021 literature review titled, “The Critical Role of Racial/Ethnic Data Disaggregation for Health Equity.” When the needs of racial/ethnic subpopulations are ignored because the data does not exist, health disparities are further perpetuated among some of the most disadvantaged communities that continue to remain invisible. Data disaggregation allows for health and social services that address specific needs to target their resources where needed most, thereby eliminate health disparities, and informs policy and funding decisions. In addition to collecting data on each major Mesoamerican Indigenous nation, this bill aims to require specified state agencies to collect and disaggregate data for each major Latino subgroup: Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American.
CalFresh. The primary goal of CalFresh is to provide food access to low-income individuals who meet certain eligibility criteria. CalFresh benefits are federally funded, and administration at the federal level lies with the United States Department of Agriculture (USDA). As such, it is the responsibility of USDA to set specific eligibility requirements for SNAP programs across the country in addition to the gross and net income tests, work requirements, and other documentation requirements that is prescribed by USDA.
Since 2014, CDSS has maintained publicly accessible CalFresh data and trends on its CalFresh Data Dashboard, including annual CalFresh caseload numbers, timeliness and accuracy rates, churn measurements, and demographic data, among others. According to the Dashboard, as of January 2023, there were 5,260,585 individuals receiving CalFresh. The National Council of la Raza also reports that Latinos account for more than half of all CalFresh recipients in California. While millions of Latinos participate in CalFresh, Latino participation rates have historically lagged behind state and national averages. By addressing data equity in analysis and reporting of ethnic subgroups within the Latino population, this bill aims to gain a deeper understanding of hidden participation rate trends in aggregate data, which will inform the development of targeted interventions to increase participation rates within the Latino community.
Author’s Statement: According to the author, “Latinos make up 40% of California’s population. However, within the Latino community there are several ethnic subgroups that have diverse health outcomes. Within the state, instead of looking at these subgroups individually and understanding the challenges they each face, they are viewed as a monolith, which can lead to policymakers and researchers relying on less detailed information that may be collected inconsistently. An example that illustrates the need for more detailed information is current research that has shown that Puerto Ricans have the highest prevalence of asthma in the US mainland at 16%, whereas Latinos of Mexican origin have the lowest prevalence of asthmas at 5.4%. This highlights how health data collected by the State isn’t necessarily reflective of the diversity of various subgroups within Latino populations and ignores the health trends within those subgroups.”
The author continues, “Data disaggregation is imperative for discovering disparities among the Latino community and addressing them effectively. During the height of the COVID-19 pandemic, Indigenous communities could not access timely and reliable information to access vaccines in California and suffered a higher death rate as a result. [This bill] takes the critical and necessary first step to uncover trends and potential disparities that are often hidden in aggregated numbers for Latinos and Indigenous Mesoamericans in California by requiring public health state agencies, to collect and disaggregate data for specified subgroups.”
Need for this bill: The provisions of this bill seeks to reduce disparities within the Latino and Indigenous population by requiring CDSS to use separate collection categories in the provided CalFresh forms for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language group, as specified. This bill specifies that the data collected is required to be included in every demographic report on ancestry or ethnic origins of Californians on or after July 1, 2025, and prohibits any personal identifying information from being disclosed. This bill also requires CDSS to update its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the Bureau within 18 months after a decennial U.S. Census is released to the public.
The provisions of this bill further seeks to model a similar bill that focused on the AAPI community by requiring CDPH to collect and tabulate data on important health related outcomes, including rates of major diseases, leading causes of death per demographic, subcategories for leading causes of death in California, and other important health information for these specific Latino and Mesoamerica Indigenous subgroups. By expanding the category of “Latino or Hispanic” to include ethnic subgroups, this bill seeks to make visible the community’s rich diversity, while completely creating a new category for Mesoamerican Indigenous people will identify this group as their own community with its own distinct needs. Currently, state systems and programs do not collect data on these subgroups.
Equity Implications: By 2060, the Latino population is projected to increase to 111.2 million or 28% of the U.S. population. Given that the Latino and Mesoamerican Indigenous population is racially, culturally, linguistically and socioeconomically diverse, is it challenging to make broad generalizations about Latino well-being that apply to all Latino groups. In the aggregate, the Latino population experience disproportionate distribution of poverty, language barriers, and discrimination, as well as lack of health insurance and access to quality health care, which increases their risk of morbidity and mortality as a whole. However, health and life outcomes – particularly the prevalence of cardiovascular disease, asthma, obesity diabetes, and hypertension – vary significantly by nativity status, country of origin, language, and duration of residence in the U.S. For example, according to 2001-10 data from the National Health Interview Survey, Puerto Ricans have the highest prevalence of asthma in the U.S. mainland (16%) compared to Latinos of Mexican origin who have the lowest prevalence of asthma (5.4%). Similarly, Mexicans born in Mexico have lower rates of asthma compared to Mexicans born in the U.S., but the association is reverse for Puerto Ricans.
In recognition of the diverse cultures, histories, and experiences of Latino and Mesoamerican Indigenous communities, the provisions of this bill seeks to address equity by disaggregating data within the Latino population to shed light on the social and economic characteristics of particular subgroups. By breaking data down into detailed racial/ethnic subgroups, the provisions of this bill aim to better understand and address the distinct needs of Latino and Indigenous Latin American subgroups that are often hidden in the broad term of Latino/Hispanic.
Additionally, given the rising population growth of Latinos/Hispanics who are born in the U.S., coupled with the high participation rates of Latinos/Hispanics in the CalFresh program, this bill anticipates the need to disaggregate demographic data for the Latino/Hispanic population among CalFresh recipients to better understand and analyze the health differences within this group. By doing so, this bill aims to support and sustain the use of these data that will address health inequities within Latino and Indigenous Latin American subgroups who use CalFresh.
This bill is the first of its kind to recognize the steady increase in changing demographic trends within the Latino community by requiring specified state agencies to disaggregate data for the Latino and Mesoamerica Indigenous populations, and Mesoamerica Indigenous languages. By disaggregating data to gain increased knowledge from aggregated information, the provisions of this bill takes the first step to help inform how public social services can better meet the distinct needs of ethnic subgroups, thereby potentially reduce health disparities among Latino and Mesoamerica Indigenous recipients on CalFresh who experience hunger and food insecurity. When data are disaggregated by detailed racial/ethnic subgroups, a more representative picture of the health and well-being of the state emerges and could save lives. Overall, this bill is the first step to creating a statewide standard for demographic information collected within Latino and Indigenous Latin American populations that will expose hidden trends and enable the identification of vulnerable populations.
Policy Considerations: While CDSS is the owner of CalFresh data, demographic data is stored in the Medi-Cal Eligibility Data System (MEDS), which is managed by the Department of Health Care Services (DHCS). As a result, it is unclear if CDSS can make changes to the data categories.
Should this bill move forward, the author may wish to consider the most appropriate department to take lead in making data system changes.
Earlier versions of this bill included additional departments, including DHCS, the Department of Aging and the Department of Health Care Access and Information, to use separate collection categories for each major Latino group, each major Mesoamerican Indigenous nation, and major Mesoamerican Indigenous language group when collecting demographic data. While this bill is a necessary first step to uncovering trends and tracking disparities within the Latino population, updating the race and ethnicity categories will likely impact forms and back-end data systems to accommodate new categories for the CalFresh program.
Should this bill move forward, the author may want to consider expanding the bill to require the California Health and Human Services Agency (Cal HHS) to meet the provisions of the bill to ensure data collection standards are standardized across all departments and agencies to prevent inconsistencies in data collection, particularly among programs that overlap – as many social services programs do.
RELATED AND PRIOR LEGISLATION:
AB 1358 (Muratsuchi) of 2021, would have expanded the groups that state agencies are required to collect disaggregated demographic data on and would have required CDPH to establish standards for the collection of demographic information by local health officers and health care providers. AB 1358 was held on the Senate Appropriations Committee suspense file.
AB 1726 (Bonta), Chapter 607, Statutes of 2016, required CDPH, when collecting demographic data on ancestry or ethnic origin of persons for a report that includes rates for major diseases, including causes of death per demographic, sub categories for leading causes of death in California overall, pregnancy rate, or housing number, to disaggregate those data for specified Native Hawaiian and other Asian and Pacific Islander groups.
AB 176 (Bonta) of 2015, would have required the California Community Colleges (CCC), the California State University (CSU), the University of California (UC), and the California Department of Managed Health Care to disaggregate demographic information for Native Hawaiian, Asian, and Pacific Islander groups. AB 176 was vetoed by Governor Brown.
AB 1088 (Eng), Chapter 689, Statutes of 2011, required the DIR and the DFEH to collect and tabulate data for each major Asian group.
AB 1737 (Eng) of 2010, would have required certain state agencies to use additional separate collection categories and tabulations for major Asian and Pacific Islander groups. AB 1737 was held on the Assembly Appropriations Committee suspense file.
AB 295 (Lieu) of 2007, would have required various state entities to report collected demographic data according to each major Asian and Pacific Islander group and make the data available to the public to the extent that disclosure did not violate confidentiality. AB 295 was vetoed by Governor Schwarzenegger.
AB 2420 (Lieu) of 2006, was substantially similar to AB 176 (Bonta of 2015), and would have expanded from 11 to 23 the ancestry or ethnic origin collection categories required to be collected by any state agency, board, commission, CCC, or CSU. AB 2420 was held on the Senate Appropriations Committee suspense file.
REGISTERED SUPPORT / OPPOSITION:
Support
Latino Coalition for a Healthy California (Sponsor)
#OneContraCosta Coalition
AARP
Access Reproductive Justice
Altamed Health Services
API Equality-LA
Asian Americans Advancing Justice-Southern California
Asian Pacific Partners for Empowerment, Advocacy and Leadership (APPEAL)
Asociacion De Migrantes Guatemaltecos, LA
Buen Vecino
California Black Health Network
California Dental Association
California Food and Farming Network
California Health+Advocates, Subsidiary of The California Primary Care Association
California Institute for Rural Studies
California Latinas for Reproductive Justice
California Pan - Ethnic Health Network
California State Council of Service Employees International Union (SEIU California)
Casa Del Diabetico Gualan
Central California Environmental Justice Network
Central Coast Alliance United for A Sustainable Economy
Centro Binacional Para El Desarrollo Indígena Oaxaqueno
Children Now
Coalition for Humane Immigrant Rights (CHIRLA)
Community Health Councils
Diligencias
Equality California
Having Our Say Coalition
Hispanas Organized for Political Equality
Mixteco/Indígena Community Organizing Project
Multi Ethnic Collaborative of Community Agencies
National Health Law Program
Pesticide Action Network North America
Public Health Advocates
Raizes Collective
Roots of Change
Southeast Asia Resource Action Center
Union De Guatemaltecos Emigrantes
Vision Y Compromiso (UNREG)
Western Center on Law & Poverty, INC.
Opposition
None on file
Analysis Prepared by: Bri-Ann Hernandez / HUM. S. / (916) 319-2089
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 435 |
THIRD READING
Bill No: SB 435
Author: Gonzalez (D), et al.
Amended: 5/18/23
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 10-0, 3/28/23
AYES: Dodd, Wilk, Alvarado-Gil, Ashby, Bradford, Glazer, Nguyen, Padilla, Roth, Rubio
NO VOTE RECORDED: Archuleta, Jones, Ochoa Bogh, Portantino, Seyarto
SENATE JUDICIARY COMMITTEE: 8-0, 4/11/23
AYES: Umberg, Wilk, Allen, Ashby, Laird, McGuire, Min, Wiener
NO VOTE RECORDED: Durazo, Niello, Stern
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
SUBJECT: Collection of demographic data: CalFresh program and State Department of Public Health
SOURCE: Centro Binacional Para El Desarrollo Indígena Oaxaqueno
Latino Coalition for a Healthy California
Mixteco/Indigena Community Organizer Project
DIGEST: This bill requires the State Department of Social Services (DSS), in the course of collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language, as specified.
ANALYSIS:
Existing law:
- Requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian Groups and Pacific Islander groups.
- Requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases.
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups.
- Establishes the California Department of Public Health (CDPH), headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease.
- Requires CDPH, on or after July 1, 2022, to the extent funding is appropriated, when collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers.
- Requires that a statute that limits the right to access to the meetings of public bodies or the writing of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
- Provides, under federal law, for the Supplemental Nutrition Assistance Program, known as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.
- Requires, DSS to publicly report specified information, including certain data specific to students enrolled in an institution of higher learning who receive CalFresh benefits, as specified.
This bill:
- Requires DSS, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, South American.
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti’, Q’anjob’al, Triqui, and Chatino.
- Defines “department” to mean DSS whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program.
- Requires the data collected pursuant to this bill to be included in every demographic report on ancestry or ethnic origins of Californians by the department published or released on or after July 1, 2025.
- Requires, to the extent funding is specifically appropriated, on or after January 1, 2024, the State Department of Public Health to collect and tabulate data for the groups described above whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates for major diseases, leading causes of death in California overall, pregnancy, housing, and mental health rates.
- Requires, on or after July 1, 2025, and annually thereafter, the department to report to the Legislature both of the following:
- The data collected pursuant to the provisions of this bill.
- The methods used to collect the data.
- Requires the department to make the data available to the public in accordance with state and federal law, including posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
- Prohibits the department from reporting demographic data that would permit identification of individuals.
- Provides that the department shall not report demographic data that would result in statistical unreliability.
- Requires the department, 18 months after a decennial United States Census is released to the public, to update the department’s data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican groups as they are reported by the United States Census Bureau.
Background
Purpose of the Bill. According to the author’s office, “Latinos make up 40% of California’s population. However, within the Latino community there are several ethnic subgroups that have diverse health outcomes. Within the state, instead of looking at these subgroups individually and understanding the challenges they each face, they are viewed as a monolith, which can lead to policymakers and researchers relying on less detailed information that may be collected inconsistently. An example that illustrates the need for more detailed information is current research that has shown that Puerto Ricans have the highest prevalence of asthma in the US mainland at 16% whereas Latinos of Mexican origin have the lowest prevalence of asthmas at 5.4%. This highlights how health data collected by the State isn’t necessarily reflective of the diversity of various subgroups within Latino populations and ignores the health trends within those subgroups.”
Existing data collection. Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following:
- Each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian.
- Each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan.
In addition to the aforementioned requirement, both the Department of Industrial Relations and the Department of Fair Employment and Housing are required to collect and tabulate data for the following:
- Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
- Additional major Native Hawaiian and other Pacific Islander.
This bill requires DSS, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, South American.
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti’, Q’anjob’al, Triqui, and Chatino.
Data Disaggregation. Disaggregation of data refers to the breaking down of information into smaller units or variable for the purpose of gaining a deeper understanding of trends and patterns. Proponents of data disaggregation argue that when data is disaggregated, it provides a “full picture” and enhances the understanding of a situation. In addition, proponents argue that policymakers are better equipped to understand the challenges and issues of particular communities and thus better able to respond to those challenges.
According to the author’s office, “data disaggregation is imperative for discovering disparities among the Latino community and addressing them effectively. During the height of the COVID-19 pandemic, Indigenous communities could not access timely and reliable information to access vaccines in California and suffered a higher death rate as a result. SB 435 takes the critical and necessary first step to uncover trends and potential disparities that are often hidden in aggregated numbers for Latinos and Mesoamerican nations by requiring public health state agencies, to collect and disaggregate date for specified groups.”
Related/Prior Legislation
AB 1358 (Muratsuchi, 2022) would have expanded the requirement for certain state agencies to collect disaggregated ethnicity data and would have standardized the collection and tabulation of demographic information by local health officers and health care providers. (Held in the Senate Appropriations Suspense File)
AB 1726 (Bonta, 2016) Chapter 607, Statutes of 2016) required CDPH to collect demographic data related to each major Asian and Pacific Islander group, as specified.
AB 176 (Bonta, 2015) would have added requirement for the collection of demographic data, by state’s public segments of postsecondary education and the Department of Managed Health Care pertaining to collection and tabulation categories for Native Hawaiian, Asian, and Pacific Islander groups. (Vetoed by Governor Brown)
AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific islander Communities in California.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, unknown likely fiscal impact ranging in the hundreds of thousands to low millions of dollars, for DSS to update is current IT data collection systems, forms, and other processes.
Also, the CDPH reports costs of approximately $1,900,000 in the first year, $1,100,000 in the second year, and $567,000 in the third year and ongoing (General Fund). Costs include changing IT systems and education about categories for CDPH’s reporting programs, and reconciling categories between the state and federal government.
CDPH notes that its programs currently use data collection standards for race and ethnic groups based on the U.S. Office of Management and Budget (OMB) standards. The OMB standards specify how federal programs collect and report data on race and ethnic groups and using these standards allows California data to be compared against data released nationally. In January 2023, OMB posted a request for public comment relating to data disaggregation for race and ethnic group categories. While it is unknown when OMB may update its data collection standards, CDPH anticipates that these updates from the OMB will likely conflict with the provisions of this bill since the OMB requirements are based on race and ethnicity and this bill’s requirements additionally include language.
SUPPORT: (Verified 5/18/23)
Centro Binacional Para El Desarrollo Indígena Oaxaqueno (co-source)
Latino Coalition for a Healthy California (co-source)
Mixteco/Indigena Community Organizer Project (co-source)
AARP
Access Reproductive Justice
Alliance for a Better Community
Altamed Health Services Corporation
API Equality-LA
Asian Americans Advancing Justice-Southern California
Asian Pacific Partners for Empowerment, Advocacy and Leadership
Asociacion De Migrantes Guatemaltecos, LA
Berkeley Health Initiative of the Americas
Buen Vecino
California Black Health Network
California Dental Association
California Food and Farming Network
California Institute for Rural Studies
California Latinas for Reproductive Justice
California LGBTQ Health and Human Services Network
California Pan - Ethnic Health Network
California Rural Legal Assistance Foundation, INC.
California State Council of Service Employees International Union
Casa Del Diabetico Gualan
Center for Asian Americans in Action
Central California Environmental Justice Network
Central Coast Alliance United for a Sustainable Economy
Central Valley Immigrant Integration Collaborative
Ceres Community Project
Children Now
Chinatown Service Center
Coalition for Humane Immigrant Rights
Communities United for Restorative Youth Justice
Community Health Councils
Comunicades Indigenas en Ledirazgo
Diligencias
Disability Rights California
Food Empowerment Project
Fund for Santa Barbara
GRACE Institute – End Child Poverty in California
Having Our Say Coalition
Health Access California
Health Education Council
Health Equity Initiatives at the University of California, Santa Barbara
Interface Children & Family Services
Justice in Aging
Kids in Need of Defense
Leaders LA
Los Amigos de la Comunidad, Imperial Valley
Maternal and Child Health Access
National Health Law Program
Nourish California
Public Health Advocates
Regional Asthma Management and Prevention
Sacramento Native American Health Center, Inc.
San Francisco Aids Foundation
San Ysidro Health
Sistahfriend's Women’s Counseling and Eldercare Management
Southeast Asia Resource Action Center
Thai Community Development Center
The Children's Partnership
The Unity Council
Training in Early Abortion for Comprehensive Health Care
Training Occupational Development Educating Communities
UCLA Latino Policy and Politics Institute
Union De Guatemaltecos Emigrantes
Vision Y Compromiso
Western Center on Law & Poverty
OPPOSITION: (Verified 5/18/23)
None received
ARGUMENTS IN SUPPORT: According to the Latino Coalition for a Healthy California, “Latino subgroups and Meso-American Indigenous Nations have specific needs, such as indigenous language access, to obtain quality and reliable information and services from our state agencies and programs. During the height of the COVID-19 pandemic, indigenous communities could not access timely and reliable information to access vaccines in California and suffered higher deaths as a result. Without disaggregated data, policymakers and researchers must rely on less detailed data released by state agencies or local data that may be collected inconsistently in different jurisdictions, leading to health and related inequities.”
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
5/23/23 13:28:18
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 435 (Gonzalez) - State agencies: collection of demographic data
Version: March 16, 2023 | Policy Vote: G.O. 10 - 0, JUD. 8 - 0 |
Urgency: No | Mandate: No |
Hearing Date: May 18, 2023 | Consultant: Janelle Miyashiro |
Bill Summary:
SB 435 requires state agencies to include separate collection categories and tabulations for each major Latino group, major specific Mesoamerican Indigenous nation, and major Mesoamerican Indigenous language group when collecting demographic data, as specified.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 18, 2023
Fiscal Impact:
- Unknown, likely significant fiscal impact ranging in the hundreds of thousands to low millions of dollars, for the Department of Social Services (DSS) to update its current IT data collection systems, forms, and other processes.
- The California Department of Public Health (CDPH) reports costs of approximately $1,900,000 in the first year, $1,100,000 in the second year, and $567,000 in the third year and ongoing (General Fund). Costs include changing IT systems and education about categories for CDPH’s reporting programs, and reconciling categories between the state and federal government.
CDPH notes that its programs currently use data collection standards for race and ethnic groups based on the U.S. Office of Management and Budget (OMB) standards. The OMB standards specify how federal programs collect and report data on race and ethnic groups and using these standards allows California data to be compared against data released nationally. In January 2023, OMB posted a request for public comment relating to data disaggregation for race and ethnic group categories. While it is unknown when OMB may update its data collection standards, CDPH anticipates that these updates from the OMB will likely conflict with the provisions of this bill since the OMB requirements are based on race and ethnicity and this bill’s requirements additionally include language.
Author Amendments:
- Remove the Department of Health Care Services, the California Department of Aging, and the Department of Health Care Access and Information and instead narrow requirements to DSS when it collects demographic data for any report on the CalFresh program.
- Add a coauthor.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 435 (Gonzalez) - State agencies: collection of demographic data
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 435 requires state agencies to include separate collection categories and tabulations for each major Latino group, major specific Mesoamerican Indigenous nation, and major Mesoamerican Indigenous language group when collecting demographic data, as specified.
Fiscal Impact:
Unknown, potentially significant fiscal impact to the Department of Health Care Services (DHCS), the Department of Social Services (DSS), the Department of Aging (DOA), and the Department of Health Care Access and Information (DHCAI), and the California Department of Public Health (CDPH) to comply with the requirements of this bill. Fiscal impacts may include information technology costs to update systems or forms and additional staff training.
Background:
Disaggregation of data refers to the breaking down of information into smaller units or variable for the purpose of gaining a deeper understanding of trends and patterns.
Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following:
1) Each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian.
2) Each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan.
In addition to the aforementioned requirement, both the Department of Industrial Relations and the Department of Fair Employment and Housing are required to collect and tabulate data for the following:
1) Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
2) Additional major Native Hawaiian and other Pacific Islander.
Proposed Law:
- Provides that “state agency” means the DHCS, the DSS, the DOA, and the DHCAI for purposes of the Latino and Indigenous Disparities Reduction Act.
- Requires a state agency, when collecting demographic data, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American.
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotsil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Q’anjob’al, Triqui, Chatino.
- Requires the specified disaggregated demographic data to be included in every demographic report on ancestry or ethnic origins of California by the state agency published or released after July 1, 2025.
- Beginning July 1, 2025 and annually thereafter, requires a state agency to report to the Legislature on the specified demographic data collected and the methods used to collect that data.
- Requires a state agency to make the data publically available, except for personal identifying information. Authorizes a state agency to aggregate specified data in order to prevent identification of individuals.
- Requires a state agency to update its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau within 18 months after a decennial U.S. Census is released.
- Requires a state agency to comply with all of the above requirements by July 1, 2025.
- Requires the CDPH, to the extent funding is specifically appropriated, to comply with the above demographic collection and reporting requirements beginning January 1, 2024 for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates.
Related Legislation:
AB 1358 (Muratsuchi, 2022) would have expanded the requirement for certain state agencies to collect disaggregated ethnicity data and would have standardized the collection and tabulation of demographic information by local health officers and health care providers. AB 1358 was held on the Suspense File in this committee.
AB 1726 (Bonta, Chapter 607, Statutes of 2016) requires, to the extent funding is specifically appropriated for this purpose, the CDPH, when collecting demographic data on ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rate, or housing number, to disaggregate those data for specified Native Hawaiian and other Asian and Pacific Islander groups
Staff Comments: For comparison, the 2017-18 Budget included a $326,000 adjustment for CDPH to comply with the demographic data collection requirements of AB 1726. To the extent the specified state agencies experience similar fiscal impacts, costs to comply with this bill’s demographic data collection requirements may total into the hundreds of thousands to low millions of dollars.
-- END --
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: SB 435 (Author:Gonzalez)
Version: March 16, 2023
Hearing Date: April 11, 2023
Fiscal: Yes
Urgency: No
AMConsultant:
SUBJECT
State agencies: collection of demographic data
DIGEST
This bill requires specified state agencies, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for each major Latino group, each major Mesoamerican Indigenous nation, and each major Mesoamerican Indigenous language group, as provided. The bill requires the data collected to be included in every demographic report on ancestry or ethnic origins of Californians by the state agency published or released on or after July 1, 2025, but prohibits any personal identifying information from being disclosed.
EXECUTIVE SUMMARY
According to the author and the sponsors of the bill, the Latino community is very diverse and varies widely in terms of ethnicity, culture, and language. During the COVID-19 pandemic, Latino subgroups and Indigenous Latin Americans experienced disparate health and life outcomes based on these differences and these disparities continue to exist today. Without accurately disaggregated data, policymakers and public health experts are unable to properly address the needs within these communities because their experiences are concealed under the monolithic term “Latino.” This bill addresses this issue by requiring certain state agencies to expand the demographic data they collect to include more detailed information about each major Latino group and each major Mesoamerican Indigenous nation. The bill is sponsored by Latino Coalition for a Healthy California, Mixteco/Indígena Community Organizer Project, and Centro Binacional Para El Desarrollo Indígena Oaxaqueño. The bill is supported by a broad coalition of organizations and groups. There is no known opposition. The bill passed the Senate Governmental Organization Committee on a vote of 10 to 0.
PROPOSED CHANGES TO THE LAW
Existing law:
- Requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian groups and Pacific Islander groups. (Gov. Code § 8310.5(a).)
- Requires the data collected to be included in every demographic report on ancestry or ethnic origins of California residents that the agency, board, or commission publishes or releases. (Id. at (b).)
- Provides that the data is to be made be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. (Ibid.)
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups. (Gov. Code § 8310.7.)
- Requires California Department of Public Health (CDPH), on or after July 1, 2022, to the extent funding is appropriated, when collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups. (Ibid.)
- Requires that a statute limiting the right to access to the meetings of public bodies or the writing of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
- Provides, pursuant to the California Constitution, that the people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies are required to be open to public scrutiny. (Cal. const. art. I, § 3(b)(1).)
- Requires a statute to be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. (Cal. const. art. I, § 3(b)(1).)
- Requires a statute that limits the public’s right of access to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (Cal. const. art. I, § 3(b)(1).)
- Governs the disclosure of information collected and maintained by public agencies pursuant to the CPRA. (Gov. Code §§ 7920.000 et seq.)
- States that, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Code § 7922.530.)
- Provides that all public records are accessible to the public upon request, unless the record requested is exempt from public disclosure. (Gov. Code § 7922.530.)
This bill:
- Requires a state agency, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, South American;
- each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui; and
- each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotsil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Q’anjob’al, Triqui, Chatino.
- Defines “state agency” to mean any of the following state entities:
- State Department of Health Care Services.
- State Department of Social Services.
- California Department of Aging.
- Department of Health Care Access and Information.
- Requires the data collected pursuant to this bill to be included in every demographic report on ancestry or ethnic origins of Californians by the state agency published or released on or after July 1, 2025.
- Requires, to the extent funding is specifically appropriated, on or after January 1, 2024, the State Department of Public Health to collect and tabulate data for the groups described above whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death in California overall, pregnancy, housing, and mental health rates.
- Requires, on or after July 1, 2025, and annually thereafter, a state agency to report to the Legislature data collected pursuant to this bill and the methods used to collect the data.
- Requires a state agency to make the data available to the public in accordance with state and federal law, including posting the data on the internet website of the state agency, except for personal identifying information, which is deemed confidential and prohibited from being disclosed.
- Prohibits a state agency from reporting demographic data that would permit identification of individuals and from reporting demographic data that would result in statistical unreliability.
- Requires a state agency, 18 months after a decennial United States Census is released to the public, to update the agency’s data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican groups as they are reported by the United States Census Bureau.
COMMENTS
- Stated need for the bill
The author writes:
Latinos make up 40% of California’s population. However, within the Latino community there are several ethnic subgroups that have diverse health outcomes. Within the state, instead of looking at these subgroups individually and understanding the challenges they each face, they are viewed as a monolith, which can lead to policymakers and researchers relying on less detailed information that may be collected inconsistently. An example that illustrates the need for more detailed information is current research that has shown that Puerto Ricans have the highest prevalence of asthma in the US mainland at 16%, whereas Latinos of Mexican origin have the lowest prevalence of asthmas at 5.4%. This highlights how health data collected by the State isn’t necessarily reflective of the diversity of various subgroups within Latino populations and ignores the health trends within those subgroups.
Data disaggregation is imperative for discovering disparities among the Latino community and addressing them effectively. During the height of the COVID-19 pandemic, Indigenous communities could not access timely and reliable information to access vaccines in California and suffered a higher death rate as a result. SB 435 takes the critical and necessary first step to uncover trends and potential disparities that are often hidden in aggregated numbers for Latinos and Indigenous Latin Americans in California by requiring public health state agencies, to collect and disaggregate data for specified subgroups.
- Limiting access to personal identifying information collected by state agencies appears consistent with the state’s right to privacy and limits on disclosure of public records
This bill seeks to have certain state agencies collect more detailed demographic data under their existing data collection duties for each major Latino group, each major Mesoamerican Indigenous nation, and each major Mesoamerican Indigenous language group. The bill exempts personal identifying information collected by those state agencies from being disclosed to the public and deems it confidential. The bill provides that this limitation on access to public records ensures the privacy of California residents is protected while also publicizing useful demographic data. To ensure further protection, the bill also prohibits an agency from reporting demographic data that would permit identification of individuals. The bill’s exemption for personal identifying information is in line with other existing exemptions related to the collection of demographic data by state agencies and, therefore, the finding on the need for protecting the privacy of California residents seems warranted. (See Gov. Code § 8310.5(b).)
3. Statements in support
The Latino Coalition for a Healthy California, one of the sponsors of the bill, writes in support stating:
Latino subgroups and Meso-American Indigenous Nations have specific needs, such as Indigenous language access, to obtain quality and reliable information and services from our state agencies and programs. During the height of the COVID-19 pandemic, Indigenous communities could not access timely and reliable information to access vaccines in California and suffered higher deaths as a result. Without disaggregated data, policymakers and researchers must rely on less detailed data released by state agencies or local data that may be collected inconsistently in different jurisdictions, leading to health and related inequities.
SUPPORT
Latino Coalition for a Healthy California (sponsor)
Mixteco/Indigena Community Organizer Project (sponsor)
Centro Binacional Para El Desarrollo Indígena Oaxaqueño (sponsor)
AARP
ACCESS Reproductive Justice
Alliance for a Better Community
AltaMed Health Services
API Equality-LA
Asian Americans Advancing Justice-Southern California
Asian Pacific Partners for Empowerment, Advocacy and Leadership
Asociacion De Migrantes Guatemaltecos, LA
Berkeley Health Initiative of the Americas
Buen Vecino
California Black Health Network
California Dental Association
California Food and Farming Network
California Institute for Rural Studies
California Latinas for Reproductive Justice
California LGBTQ Health and Human Services Network
California Pan - Ethnic Health Network
California Rural Legal Assistance Foundation, Inc.
Casa Del Diabetico Gualan
Center for Asian Americans in Action
Central California Environmental Justice Network
Central Coast Alliance United for a Sustainable Economy
Central Valley Immigrant Integration Collaborative
Ceres Community Project
Children Now
Chinatown Service Center
Coalition for Humane Immigrant Rights
Communities United for Restorative Youth Justice
Community Health Councils
Diligencias Corporation
Disability Rights California
Food Empowerment Project
Fund for Santa Barbara
Having Our Say Coalition
Health Education Council
Health Equity Initiative, UCSB
Interface Children & Family Services
Justice in Aging
Kids in Need of Defense
Leaders LA
Los Amigos de la Comunidad, Imperial Valley
Maternal and Child Health Access
National Health Law Program
Nourish California
Public Health Advocates
Regional Asthma Management & Prevention
Sacramento Native American Health Center, Inc.
San Francisco Aids Foundation
San Ysidro Health
Sistahfriend's Women’s Counseling and Eldercare Management
Service Employees International Union California (SEIU)
Southeast Asia Resource Action Center
Thai Community Development Center
The Children's Partnership
The Unity Council
Training in Early Abortion for Comprehensive Health Care
Training Occupational Development Educating Communities
UCLA Latino Policy and Politics Institute
Union De Guatemaltecos Emigrantes
Vision Y Compromiso
Western Center on Law & Poverty
1 individual
OPPOSITION
None known
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation:
AB 1358 (Muratsuchi, 2022) would have expanded the requirement for certain state agencies to collect disaggregated ethnicity data and would have standardized the collection and tabulation of demographic information by local health officers and health care providers. (Held in the Senate Appropriations Suspense File)
AB 1726 (Bonta, Ch. 607, Stats. 2016) requires CDPH to collect demographic data related to each major Asian and Pacific Islander group, as specified.
AB 176 (Bonta, 2015) would have added a requirement for the collection of demographic data by the state’s public segments of postsecondary education and the Department of Managed Health Care pertaining to the collection and tabulation categories for Native Hawaiian, Asian, and Pacific Islander groups. This bill was vetoed by then Governor Brown who stated “[d]espite this utility, I am wary of the ever growing desire to stratify. Dividing people into ethnic or other subcategories may yield more information, but not necessarily greater wisdom about what actions should follow. To focus just on ethnic identity may not be enough…”
AB 1088 (Eng, Ch. 689, Stats. 2011) requires certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific islander Communities in California.
PRIOR VOTES:
Senate Governmental Organization Committee (10 Ayes, 0 Noes)
**************
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Bill Dodd
Chair
2023 - 2024 Regular
Bill No: SB Hearing Date: 3/28/2023
Author: | Gonzalez | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill requires specified state agencies, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language, as specified.
ANALYSIS:
Existing law:
- Requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian Groups and Pacific Islander groups.
- Requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases.
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups.
- Establishes the California Department of Public Health (CDPH), headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease.
- Requires CDPH, on or after July 1, 2022, to the extent funding is appropriated, when collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers.
- Requires that a statute that limits the right to access to the meetings of public bodies or the writing of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill:
- Requires a state agency, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, South American.
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotsil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Q’anjob’al, Triqui, Chatino.
- Defines “state agency” to mean any of the following state entities:
- The State Department of Health Care Services.
- The State Department of Social Services.
- The California Department of Aging.
- The Department of Health Care Access and Information.
- Requires the data collected pursuant to this bill to be included in every demographic report on ancestry or ethnic origins of Californians by the state agency published or released on or after July 1, 2025.
- Requires, to the extent funding is specifically appropriated, on or after January 1, 2024, the State Department of Public Health to collect and tabulate data for the groups described above whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death in California overall, pregnancy, housing, and mental health rates.
- Requires, on or after July 1, 2025, and annually thereafter, a state agency to report to the Legislature both of the following:
- The data collected pursuant to the provisions of this bill.
- The methods used to collect the data.
- Requires a state agency to make the data available to the public in accordance with state and federal law, including posting the data on the internet website of the state agency, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
- Prohibits a state agency from reporting demographic data that would permit identification of individuals.
- Provides that a state agency shall not report demographic data that would result in statistical unreliability.
- Requires a state agency, 18 months after a decennial United States Census is released to the public, to update the agency’s data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican groups as they are reported by the United States Census Bureau.
Background
Purpose of the Bill. According to the author’s office, “Latinos make up 40% of California’s population. However, within the Latino community there are several ethnic subgroups that have diverse health outcomes. Within the state, instead of looking at these subgroups individually and understanding the challenges they each face, they are viewed as a monolith, which can lead to policymakers and researchers relying on less detailed information that may be collected inconsistently. An example that illustrates the need for more detailed information is current research that has shown that Puerto Ricans have the highest prevalence of asthma in the US mainland at 16% whereas Latinos of Mexican origin have the lowest prevalence of asthmas at 5.4%. This highlights how health data collected by the State isn’t necessarily reflective of the diversity of various subgroups within Latino populations and ignores the health trends within those subgroups.”
Existing data collection. Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following:
- Each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian.
- Each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan.
In addition to the aforementioned requirement, both the Department of Industrial Relations and the Department of Fair Employment and Housing are required to collect and tabulate data for the following:
- Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
- Additional major Native Hawaiian and other Pacific Islander.
This bill would require state agency, in the course of collecting demographic data as to the ancestry or ethnic origin of California residents, to use separate collection categories that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:
- Each major Latino group, including, but not limited to, Mexican, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, South American.
- Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.
- Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotsil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti, Q’anjob’al, Triqui, Chatino.
Data Disaggregation. Disaggregation of data refers to the breaking down of information into smaller units or variable for the purpose of gaining a deeper understanding of trends and patterns. Proponents of data disaggregation argue that when data is disaggregated, it provides a “full picture” and enhances the understanding of a situation. In addition, proponents argue that policymakers are better equipped to understand the challenges and issues of particular communities and thus better able to respond to those challenges.
According to the author’s office, “data disaggregation is imperative for discovering disparities among the Latino community and addressing them effectively. During the height of the COVID-19 pandemic, Indigenous communities could not access timely and reliable information to access vaccines in California and suffered a higher death rate as a result. SB 435 takes the critical and necessary first step to uncover trends and potential disparities that are often hidden in aggregated numbers for Latinos and Mesoamerican nations by requiring public health state agencies, to collect and disaggregate date for specified groups.”
Prior/Related Legislation
AB 1358 (Muratsuchi, 2022) would have expanded the requirement for certain state agencies to collect disaggregated ethnicity data and would have standardized the collection and tabulation of demographic information by local health officers and health care providers. (Held in the Senate Appropriations Suspense File)
AB 1726 (Bonta, 2016) Chapter 607, Statutes of 2016) requires CDPH to collect demographic data related to each major Asian and Pacific Islander group, as specified.
AB 176 (Bonta, 2015) would have added requirement for the collection of demographic data, by state’s public segments of postsecondary education and the Department of Managed Health Care pertaining to collection and tabulation categories for Native Hawaiian, Asian, and Pacific Islander groups. (Vetoed by Governor Brown)
AB 1088 (Eng, Chapter 689, Statutes of 2011) requires certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific islander Communities in California.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT:
Latino Coalition for a Healthy California (Co-source)
Mixteco/Indigena Community Organizer Project (Co-source)
Centro Binacional Para El Desarrollo Indígena Oaxaqueno (Co-source)
AARP
Access Reproductive Justice
Alliance for A Better Community
Altamed Health Services Corporation
Api Equality-la
Asian Pacific Partners for Empowerment, Advocacy and Leadership
Asociacion De Migrantes Guatemaltecos, LA
Berkeley Health Initiative of The Americas
Buen Vecino
California Black Health Network
California Dental Association
California Food and Farming Network
California Institute for Rural Studies
California Latinas for Reproductive Justice
California Lgbtq Health and Human Services Network
California Pan - Ethnic Health Network
California Rural Legal Assistance Foundation, INC.
Casa Del Diabetico Gualan
Central California Environmental Justice Network
Central Coast Alliance United for A Sustainable Economy
Central Valley Immigrant Integration Collaborative
Ceres Community Project
Children Now
Chinatown Service Center
Coalition for Humane Immigrant Rights
Communities United for Restorative Youth Justice
Community Health Councils
Diligencias
Disability Rights California
Food Empowerment Project
Fund for Santa Barbara
Having Our Say Coalition
Health Education Council
Interface Children & Family Services
Justice in Aging
Kids in Need of Defense
Leaders LA
Los Amigos de la Comunidad, Imperial Valley
Maternal and Child Health Access
National Health Law Program
Nourish California
Public Health Advocates
Regional Asthma Management and Prevention
Sacramento Native American Health Center, Inc.
San Ysidro Health
San Francisco Aids Foundation
Sistahfriend's Women’s Counseling and Eldercare Management
Southeast Asia Resource Action Center
Thai Community Development Center
The Children's Partnership
The Unity Council
Training Occupational Development Educating Communities
Union De Guatemaltecos Emigrantes
Vision Y Compromiso
Western Center on Law & Poverty
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: According to the Latino Coalition for a Healthy California, “Latino subgroups and Meso-American Indigenous Nations have specific needs, such as indigenous language access, to obtain quality and reliable information and services from our state agencies and programs. During the height of the COVID-19 pandemic, indigenous communities could not access timely and reliable information to access vaccines in California and suffered higher deaths as a result. Without disaggregated data, policymakers and researchers must rely on less detailed data released by state agencies or local data that may be collected inconsistently in different jurisdictions, leading to health and related inequities.”
DUAL REFERRAL: Governmental Organization Committee & Judiciary Committee
Discussed in Hearing
Senate Floor
Assembly Floor
Assembly Standing Committee on Human Services
Senate Floor
Senate Standing Committee on Judiciary
Senate Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):