Existing law, the Dymally-Alatorre Bilingual Services Act, requires every state agency directly involved in the furnishing of information or the rendering of services to the public where contact is made with a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public in the language of the non-English-speaking person, except as specified. The act requires every state agency that serves a substantial number of non-English-speaking people and provides materials in English explaining services to also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency, as specified. The act also requires a state agency to distribute certain written materials in the appropriate non-English language or provide other specified translation assistance at its statewide and local offices and facilities if the state agency finds, among other things, that the statewide or local office or facility serves a substantial number of non-English-speaking persons, as specified. persons. The act defines substantial number of non-English-speaking people to mean members of a group who either do not speak English or who are unable to effectively communicate in English because it is not their native language, language and who comprise 5% or more of the people served by the state agency, as specified.

This bill would revise the definition of substantial number of non-English-speaking people to also include persons include the higher of either the people served by or eligible to be served by the state agency, agency and would make related conforming changes to the act.

The act requires each state agency to conduct a language survey of each of its statewide and local offices every 2 years to determine and provide, among other things, the number and percentage of non-English-speaking people served by each statewide and local office, broken down by native language. The act requires each state agency to develop and update an implementation plan that provides a detailed description of how the agency plans to address any deficiencies in meeting the requirements of the act, as specified. The act authorizes a state agency to rely upon data gathered from its most recent language survey in developing its implementation plan.

This bill would revise and recast the above-described language survey requirements to instead require each state agency to conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people, as specified. The bill would require a state agency to utilize specified information in conducting the assessment and survey and in developing and updating the above-described implementation plan, including, among other things, the most recent census data from the United States Census Bureau. The bill would authorize a state agency to rely on its most recent survey and assessment in developing its implementation plan.

The act requires each state agency to report to the Department of Human Resources the language survey results, its implementation plan, and any additional information requested by the department, as specified. The act requires the department to review the results of the surveys and implementation plans, compile that data, and provide a report to the Legislature every 2 years that identifies significant problems or deficiencies and propose solutions where warranted.

This bill would include each state agencys most recent language assessment in the materials required to be reported to and reviewed by the department, department and would require the departments report to the Legislature to include each state agencys language assessment, survey results, and implementation plan.

This bill would also establish the position of Language Access Director, within require the California Health and Human Services Agency, Agency to designate a Language Access Director to ensure individuals with limited English proficiency and individuals who are deaf or hard of hearing have meaningful access to government programs and services. This bill would require the Language Access Director to, among other things, lead the implementation, monitoring, and periodic updating of every Language Access Plan within the agency and coordinate with language access coordinators throughout the agency to implement each Language Access Plan. The bill would require the Language Access Director, commencing no later than January 1, 2027, to engage communities with limited English proficiency and deaf and hard of hearing communities to assist in expanding access to the programs and services provided by the California Health and Human Services Agency and the various departments and offices within the agency.

This bill would require the Language Access Director to develop a Language Access Plan Guidance Document to support its various departments and offices in the development of their Language Access Plans. The bill would require each department and office within the agency to develop a Language Access Plan, as specified. The bill would require the California Health and Human Services Agency to allocate, from a specified appropriation, sufficient funds to implement and carry out the provisions relating to the Language Access Director and Language Access Plans.

Existing law, the Dymally-Alatorre Bilingual Services Act, requires every state agency directly involved in the furnishing of information or the rendering of services to the public where contact is made with a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public in the language of the non-English-speaking person, except as specified. The act requires every state agency that serves a substantial number of non-English-speaking people and provides materials in English explaining services to also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency, as specified. The act also requires a state agency to distribute certain written materials in the appropriate non-English language or provide other specified translation assistance at its statewide and local offices and facilities if the state agency finds, among other things, that the statewide or local office or facility serves a substantial number of non-English-speaking persons, as specified. The act defines substantial number of non-English-speaking people to mean members of a group who either do not speak English or who are unable to effectively communicate in English because it is not their native language, and who comprise 5% or more of the people served by the state agency, as specified.

This bill would revise the definition of substantial number of non-English-speaking people to also include persons eligible to be served by the state agency, and would make related conforming changes to the act.

The act requires each state agency to conduct a language survey of each of its statewide and local offices every 2 years to determine and provide, among other things, the number and percentage of non-English-speaking people served by each statewide and local office, broken down by native language. The act requires each state agency to develop and update an implementation plan that provides a detailed description of how the agency plans to address any deficiencies in meeting the requirements of the act, as specified. The act authorizes a state agency to rely upon data gathered from its most recent language survey in developing its implementation plan.

This bill would revise and recast the above-described language survey requirements to instead require each state agency to conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people, as specified. The bill would require a state agency to utilize specified information in conducting the assessment and survey and in developing and updating the above-described implementation plan, including, among other things, the most recent census data from the United States Census Bureau. The bill would authorize a state agency to rely on its most recent survey and assessment in developing its implementation plan.

The act requires each state agency to report to the Department of Human Resources the language survey results, its implementation plan, and any additional information requested by the department, as specified. The act requires the department to review the results of the surveys and implementation plans, compile that data, and provide a report to the Legislature every 2 years that identifies significant problems or deficiencies and propose solutions where warranted.

This bill would include each state agencys most recent language assessment in the materials required to be reported to and reviewed by the department, and would require the departments report to the Legislature to include each state agencys language assessment, survey results, and implementation plan.

This bill would also establish the position of Language Access Director, within the California Health and Human Services Agency, to ensure individuals with limited English proficiency and individuals who are deaf or hard of hearing have meaningful access to government programs and services. This bill would require the Language Access Director to, among other things, lead the implementation, monitoring, and periodic updating of every Language Access Plan within the agency and coordinate with language access coordinators throughout the agency to implement each Language Access Plan. The bill would require the Language Access Director, commencing no later than January 1, 2027, to engage communities with limited English proficiency and deaf and hard of hearing communities to assist in expanding access to the programs and services provided by the California Health and Human Services Agency and the various departments and offices within the agency. The bill would require the Language Access Director, commencing November 1, 2027, and every other year thereafter, to submit a report to the Legislature and the relevant policy committees that contains specific information, including challenges encountered while implementing Language Access Plans, lessons learned, best practices, and metrics regarding individuals with limited English proficiency and individuals who are deaf or hard of hearing who use agency services.

This bill would require the Language Access Director to develop a Language Access Plan Guidance Document to support its various departments and offices in the development of their Language Access Plans. The bill would require each department and office within the agency to develop a Language Access Plan, as specified. The bill would require the California Health and Human Services Agency to allocate, from a specified appropriation, sufficient funds to implement and carry out the provisions relating to the Language Access Director and Language Access Plans.

Existing law, the Dymally-Alatorre Bilingual Services Act, requires every state agency directly involved in the furnishing of information or the rendering of services to the public where contact is made with a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public in the language of the non-English-speaking person, except as specified. The act requires every state agency that serves a substantial number of non-English-speaking people and provides materials in English explaining services to also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency, as specified. The act also requires a state agency to distribute certain written materials in the appropriate non-English language or provide other specified translation assistance at its statewide and local offices and facilities if the state agency finds, among other things, that the statewide or local office or facility serves a substantial number of non-English-speaking persons, as specified. The act defines substantial number of non-English-speaking people to mean members of a group who either do not speak English or who are unable to effectively communicate in English because it is not their native language, and who comprise 5% or more of the people served by the state agency, as specified.

Existing law, the Dymally-Alatorre Bilingual Services Act, requires every state agency directly involved in the furnishing of information or the rendering of services to the public where contact is made with a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public in the language of the non-English-speaking person, except as specified.

This bill would make nonsubstantive changes to the provision naming the Dymally-Alatorre Bilingual Services Act.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 1242 (Nguyen) - Language access

Bill Summary:

AB 1242 would revise and expand requirements under the state’s Dymally-Alatorre Bilingual Services Act and require the California Health and Human Services Agency to designate a Language Access Director.

Fiscal Impact:

• The California Health and Human Services Agency estimates General Fund costs to range between $8 million to $10 million in 2025-26 and annually thereafter. This includes, but is not limited to, staffing costs within the agency and its departments to fulfill the expansion of the Dymally-Alatorre Bilingual Services Act and contracting costs to cover translation, language interpretation, or web content translation services. The agency also anticipates cost pressures related to requirements for a Language Access Director, language access plan development, implementation, and targeted outreach and marketing efforts.

The agency indicates that while $20 million was allocated in 2021-22 to the agency to conduct language access work, all of the funding has been committed and will be drawn down by the end of 2025-26.

• The California Department of Human Resources (CalHR) estimates a one-time cost of $1,398,000 (General Fund and Central Service Cost Recovery Fund) for state operations for developing, programming, testing, and validating a system to collect, review, and report on departmental needs assessments, as well as the provision of instruction and technical assistance.
• The Department of Industrial Relations estimates ongoing costs of $1.8 million to $2.4 million per year, in addition to a one-time cost of $2.4 million to $3.6 million, for state operations (various special funds). The one-time cost would cover translation of materials/forms into multiple languages.
• The California Air Resources Board (CARB) estimates ongoing annual costs of $589,000 for state operations (Air Pollution Control Fund).
• The California Department of Corrections and Rehabilitation (CDCR) anticipates General Fund cost pressures in the low-to-mid hundreds of thousands of dollars for staffing resources due to increase workload and General Fund cost pressures, potentially in the hundreds of thousands of dollars, for the procurement of translation services.
• The California Water Boards indicates that while the precise impacts of this bill are uncertain, an initial estimate is that the State Water Board would require an additional $500,000 annually for language translation, funded from all eligible fund sources using the Board’s indirect cost methodology.

Background:

California’s Dymally-Alatorre Bilingual Services Act provides for effective communication between all levels of government and people in the state who are precluded from utilizing public services because of language barriers. The law requires:

• Every state agency which serves a substantial number of non-English-speaking people and which provides materials in English explaining services to also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency.
• A state agency must distribute the applicable written materials in the appropriate non-English language through its statewide and local offices or facilities to non-English-speaking persons, or, as an alternative, the state agency may instead elect to furnish translation aids, translation guides, or provide assistance, through use of a qualified bilingual person, at its statewide and local offices or facilities in completing English forms or questionnaires and in understanding English forms, letters, or notices, as specified.
• A “substantial number of non-English-speaking people” means members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, and who comprise 5 percent or more of the people served by the statewide or any local office or facility of a state agency.
• Each agency must conduct a language survey of each of its statewide and local offices, which, among other items, must include a detailed description of the agency’s procedures for identifying language needs at statewide and local offices and assigning qualified bilingual staff to those offices. The Department of Human Resources must review the results of the surveys and provide a report to the Legislature every two years.

Proposed Law:

Specific provisions of the bill would:

• Add to the definition of “substantial number of non-English-speaking people” for purposes of the Dymally-Alatorre Bilingual Services Act, to also include people eligible to be served by the statewide or any local office or facility of a state agency, as determined by data, as specified.
• Require the California Health and Human Services Agency to designate a Language Access Director to provide critical oversight, accountability, and coordination across various state departments and agencies to ensure individuals with limited English proficiency and individuals who are deaf or hard of hearing have meaningful access to government programs and services; and specify the duties of the director.
• Require each department and office within the California Health and Human Services Agency to do both of the following:
  • Develop a Language Access Plan, as described.
  • Delegate a coordinator to work with the Language Access Director.

Related Legislation:

SB 1078 (Min, 2024) would have established the Office of Language Access within the California Health and Human Services Agency. The bill was held on the suspense file in the Assembly Appropriations Committee.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1242

Author:(Nguyen and Lee)

As Amended Ver:May 23, 2025

Majority vote

SUMMARY

Revises existing law regarding state agency language survey requirements to require each state agency to conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people, as specified. Requires a state agency to utilize specified information in conducting biennial surveys of each statewide and local office, and in developing and updating an implementation plan that provides a detailed description of how the agency plans to address any deficiencies in meeting current language access requirements. Establishes the position of Language Access Director (LAD), within the California Health and Human Services Agency (CalHHS), to ensure individuals with limited English proficiency and individuals who are deaf or hard of hearing have meaningful access to government programs and services.

Major Provisions

COMMENTS

Background. In 2021, Governor Newsom proposed a new Equity-Centered Programs initiative, which was included in the 2021–22 budget. The initiative included a Language Access Policy Framework with an accompanying request of budget resources to support two limited-term positions to develop and implement an agency-wide language access policy and a protocol framework that considers legal compliance, operational aspects of translation and interpretation; bilingual staff testing, classification, and related human resources requirements; and engagement with community stakeholders and partners. The agency-wide policy framework was intended to ensure consistent language access standards across all programs and services and build off an internal Language Access Work Group that had been convened in 2020 to develop a language access policy and operations framework to improve language assistance services by CalHHS departments. The Governor also issued Executive Order No. N-16-22 in September 2022, citing the state's investment to improve language access across health and human services programs and ordering CalHHS to develop recommendations to improve language and communications access to state government services and programs.

Limited English Proficiency (LEP) in California. According to the U.S. Census Bureau, of people older than five years old living in California from 2018 to 2022, 43.9% spoke a language other than English at home, and 17.1% reported they did not speak English "very well." Despite anti-discrimination and language access requirements in federal and state law, not all requirements have been implemented, monitored, or enforced. For example, according to an administrative complaint filed with the U.S. Department of Health and Human Services Office for Civil Rights, local agencies in the counties of Alameda, Los Angeles, Orange, Riverside, and San Bernardino failed to provide individuals with LEP meaningful access to COVID-19 services during the pandemic. This complaint cited poor translations through Google Translate and dependence on volunteer interpreters rather than hiring qualified interpretation staff.

Association between LEP and Health Care Access. A 2022 study titled, "Association Between Limited English Proficiency and Healthcare Access and Utilization in California," highlighted healthcare disparities experienced by patients with LEP. The researchers analyzed aggregated data from the 2018 California Health Interview Survey, a large population-based survey. A total of 21,177 participants were included with 8.2% having LEP. Compared to participants with proficient English, LEP participants were less likely to have a usual place to go to when sick other than the emergency room or have a preventive care visit in the past year after adjusting for sociodemographic characteristics.

Another 2020 study titled, "Implications of language Barriers for Healthcare: A Systematic Review," found that language barriers are a key cause of miscommunication between medical providers and patients, and negatively affect the quality of healthcare services and patient satisfaction. Hospital medical professionals perceive language barriers to be a source of workplace stress and an impediment to the delivery of high-quality healthcare. Much evidence shows a significant association between workplace stress and lower satisfaction among medical providers. In addition, studies indicate that language barriers contribute to medical professionals' incomplete understanding of patients' situations, delayed treatment or misdiagnoses, poor patient assessment, and incomplete prescribed treatment.

Federal and State Anti-Discrimination Law. In federal law, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives federal financial assistance. A U.S. Supreme Court case, Lau v. Nichols (1974) later specified that national origin discrimination includes discrimination based on a person's inability to speak, read, write, or understand English. Executive Order 13166, issued by President Clinton in 2000, expanded upon these protections by requiring any organization that receives federal financial assistance to provide meaningful access to programs and activities for persons who are LEP.

In California, the Dymally-Alatorre Bilingual Services Act became law in 1973 to ensure that individuals seeking state government services whose primary language is not English are not precluded from receiving services because of language barriers.

The Dymally-Alatorre Act requires each state agency which serves a substantial number of non-English-speaking people and provides materials in English explaining services to also provide the same materials in any non-English language spoken by a substantial number of the public served by the agency. The current definition of "substantial number of non-English speaking people" includes non- or limited-English speaking people who comprise 5% or more of the people served by the statewide or local office or facility of a state agency. Further, the Dymally-Alatorre Act requires all state departments involved in providing information or services to the public, when five percent of contact with the public is made with non- or limited-English speaking people, to employ a sufficient number of qualified bilingual staff in public contact positions to ensure information and services are provided in the language of the non- or limited-English speaking person.

The Dymally-Alatorre Act also requires each agency to conduct a language survey and develop and update an implementation plan. The California Department of Human Resources (CalHR) provides training and technical support to agencies in conducting the Language Survey and Implementation Plan that identifies public contacts and resources available to ensure an equal level of service is being provided to substantial populations speaking non-English languages. Once the survey is conducted, agencies review their results to determine if they have staffing or written document deficiencies, and they develop a plan to correct any they find. Each agency has a Language Survey Coordinator that is responsible for communicating the requirements of the Dymally-Alatorre Act to the agency and for ensuring that a meaningful survey is conducted. The Language Survey Coordinator also reports the progress on the implementation plan to CalHR. CalHR prepares a report to the Governor and the Legislature that identifies the results of the survey.

How does this bill update the Dymally-Alatorre Act? This bill expands the definition of "substantial number of non-English speaking people" to include individuals who are eligible to be served by the agency. The author's intent is to include individuals who may not currently access the agency's services, but are eligible to do so. Further, this bill revises the existing survey requirement by requiring not only a survey of the language needs of non- and limited-English-speaking people but also an assessment utilizing data from the United States Census Bureau or recent data from other relevant databases, community-level input, other relevant factors including linguistic isolation and percentages of LEP within each language group. The author's intent is for each agencies to review this data to get a clearer picture of the needs of LEP individuals.

Language Access Policy in California. In May 2023, CalHHS released a memo to department directors outlining a policy based on the work of the initiative and the work group. The policy outlines department-level language assistance plans with the following requirements, regardless of the funding source of the department:

• 1. Be consistent with the U.S. Department of Justice's 2002 guidance to agencies receiving federal financial assistance regarding Title VI's prohibition against national origin discrimination affecting LEP persons and any applicable federal funding agency;
  2. Address Title VI's analysis for determining reasonable steps to ensure meaningful access for persons with LEP. The analysis includes a weighing of the number of people with limited English eligible to be served by the program and the frequency of contact they would have with the program, the nature and importance of the program or service, and the resources available to the program and the costs of translation services;
  3. Identify and address language access legal requirements specific to that department and its programs and analyze whether the Title VI analysis requires additional language assistance beyond what is otherwise required by state law or the department's programs;
  4. Submit plans to CalHHS by December 1, 2023, and review and update the plans as necessary every two years; and,
  5. Post its final, public facing Language Access Plan to the Department or Office's website no later than June 1, 2024.

CalHHS also issued minimum language access standards and required each department's LAP to address how it would meet or exceed the standards:

• 1. Provide free sign language interpretation and oral interpretation in any spoken language, upon request for all public contact, including sight translation of vital documents by January 29, 2024;
  2. Translate all vital documents intended for use statewide, including essential public website content, into at least the top five threshold languages spoken by persons with LEP in California, per the most recent available Census data (currently Spanish, Chinese, Tagalog, Vietnamese, and Korean). Vital documents and essential public website content are to be identified by each department within its Language Assistance Plan. Essential public website content includes one or more introductory web pages with basic information about the department and its programs and non-English taglines advising of the availability of free oral interpretation services and written translations. Essential public website content is also to be provided in American Sign Language video clips;
  3. Identification and translation of vital documents into the top five languages is to be completed by June 1, 2024; and,
  4. CalHHS and the Language Access Work Group are to reevaluate the list of statewide threshold languages and the feasibility of adding more than five within one year and then every two years thereafter.

The policy memo additionally stated that CalHHS Language Access Work Group would issue guidance to CalHHS departments to support the development of their LAPs and that DSS would administer additional funds for interpretation and translation activities to supplement CalHHS departments' existing language services capacity. Departments and offices under CalHHS have posted LAPs to their websites.

How does this bill change language access policy beyond Dymally Alatorre? This bill codifies the requirement for each department or office within CalHHS to develop an LAP and requires each department or office to delegate a coordinator to work with the LAD to fulfill the requirements of this bill.

Further, this bill creates the Language Access Director (LAD) position to lead the implementation, monitoring, and periodic updating of Language Access Plans within CalHHS.

This bill further requires the LAD to engage communities with LEP and deaf and hard of hearing communities to assist in expanding access to the programs and services provided by CalHHS and the various departments and offices within CalHHS, including conducting targeted outreach to solicit feedback and input, marketing and promoting programs and services in a variety of languages.

In terms of a funding source, this bill requires CalHHS to allocate sufficient funds appropriated from the Budget Act of 2023 to carry out the provisions of this bill. The author is referring to the $40 million API Health Equity Allocation.

Federal Actions. President Trump signed an executive order designating English as the official language of the U.S., the first such designation in the country's history. The order rescinds the Clinton-era policy requiring agencies to provide assistance programs for people with LEP. However, the order allows agencies to voluntarily keep those support systems in place.

According to the Author

For the nearly 6.4 million Californians with LEP, language barriers pose a significant challenge to their ability to have meaningful access to quality health care coverage and services. The author states that this bill will close important gaps for those seeking a broad spectrum of health and social services, save the state millions in avoidable costs, bolster the state's ability to meet statutory language requirements, and most importantly, advancing health equity for millions of Californians.

Arguments in Support

Asian Health Services (AHS) is the sponsor of this bill and states, to address these language access barriers and increase access for communities who are LEP, this bill would establish a Language Access Director within CalHHS provide oversight, accountability, and coordination across CalHHS' departments and offices and oversee the implementation of CalHHS' and its department's and office's LAPs to ensure individuals with LEP and individuals who are deaf or hard of hearing can access the state's health and human services programs and services. AHS continues that this bill would ensure guardrails for the use of AI for language access by requiring human review when using machine, online or AI-generated interpretation and translation services for all programs and services under CalHHS. AHS further notes that this bill would also amend the Dymally-Alatorre Bilingual Services Act to improve the determination of language assistance provided by state and local agencies through recommending the use of relevant data, community engagement and input, and other relevant factors. AHS states that while the state has made strides in promoting language equity, many vital public health and human services remain inaccessible to Californians who speak less commonly spoken languages, putting their health, safety, and dignity at risk. AHS concludes that this bill is a critical health equity bill that will help ensure all Californians, not just English speakers, receive the services and support they are entitled to.

Arguments in Opposition

None.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, General Fund costs to CalHHS likely in the low- to mid-tens of millions of dollars annually for, among other things, personnel within CalHHS, the Department of Social Services, and other departments and offices under CalHHS to fulfill the expansion of the Dymally-Alatorre Bilingual Services Act, and contracting costs to cover translation, language interpretation, or web content translation services. CalHHS also anticipates cost pressures to include a LAD, development of LAPs, and implementation. CalHHS notes the bill directs CalHHS to allocate funds from a 2023 appropriation to carry out activities specified in the bill; however, the Budget Act of 2023 appropriated no language access funding. CalHHS states $20 million was allocated in fiscal year (FY) 2021-22 for CalHHS language access work. All of the $20 million has been committed and will be drawn down by the end of FY 2025-26. The author has requested a one-time allocation of $10 million, beginning July 2026, to CalHHS to maintain their language access program.

VOTES

ASM HEALTH: 16-0-0

YES: Bonta, Chen, Addis, Aguiar-Curry, Rogers, Carrillo, Flora, Mark González, Krell, Patel, Patterson, Celeste Rodriguez, Sanchez, Schiavo, Sharp-Collins, Stefani

ASM HUMAN SERVICES: 6-0-1

YES: Lee, Castillo, Calderon, Elhawary, Jackson, Celeste Rodriguez

ABS, ABST OR NV: Tangipa

ASM APPROPRIATIONS: 11-1-3

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache

NO: Dixon

ABS, ABST OR NV: Sanchez, Ta, Tangipa

UPDATED

VERSION: May 23, 2025

CONSULTANT: Eliza Brooks / HEALTH / (916) 319-2097 FN: 0000871

Date of Hearing: May 14, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1242

Author:(Nguyen) – As Amended Ver:March 28, 2025

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

SUMMARY:

This bill revises existing law regarding state agency language survey requirements to require each state agency conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people, as specified. The bill establishes the position of Language Access Director (LAD) within the California Health and Human Services Agency (CalHHS) to, among other responsibilities, lead the implementation, monitoring, and periodic updating of every Language Access Plan (LAP) within the agency. This bill also establishes a grant program for community-based organizations (CBOs), as specified.

This bill also, among other provisions:

1. Requires a state agency use specified information in conducting biennial surveys of each statewide and local office, and in developing and updating a language access implementation plan that provides a detailed description of how the agency plans to address any deficiencies in meeting current language access requirements.
2. Specifies that the LAD will, among other responsibilities, lead the implementation, monitoring, and periodic updating of every LAP within the agency and coordinate with language access coordinators in the agency to implement each LAP to ensure individuals with limited English proficiency and individuals who are deaf or hard of hearing have meaningful access to government programs and services.
3. Requires CalHHS allocate, from a specified appropriation, sufficient funds to implement and carry out the provisions relating to the LAD and LAPs.

Please refer to the Assembly Health Committee or Assembly Human Services Committee analyses for a complete description of the bill.

FISCAL EFFECT:

CalHHS preliminarily estimates General Fund costs in the mid tens of millions of dollars annually for, among other things, personnel within CalHHS, the Department of Social Services, and other departments and offices under CalHHS to fulfill the expansion of the Dymally-Alatorre Bilingual Services Act, and contracting costs to cover translation, language interpretation, or web content translation services. CalHHS also anticipates cost pressures to include a LAD, development of LAPs, and implementation, reporting, and the administration of and establishment of a grant program for CBOs.

CalHHS notes the bill directs CalHHS to allocate funds from a 2023 appropriation to carry out activities specified in the bill; however, the Budget Act of 2023 appropriated no language access funding. CalHHS states $20 million was allocated in fiscal year (FY) 2021-22 for CalHHS language access work. All of the $20 million has been committed and will be drawn down by the end of FY 2025-26.

The author has requested a one-time allocation of $10 million, beginning July 2026, to CalHHS to maintain their language access program.

COMMENTS:

Purpose. This bill is sponsored by Asian Health Services; Asian Resources, Inc;

Center for Asian Americans in Action; Orange County Asian and Pacific Islander Community Alliance, Inc.; and Regional Pacific Islander Taskforce. According to the author:

For the nearly 6.4 million Californians with [limited English proficiency], language barriers pose a significant challenge to their ability to have meaningful access to quality health care coverage and services. AB 1242 will close important gaps for those seeking a broad spectrum of health and social services, save the state millions in avoidable costs, bolster the state’s ability to meet statutory language requirements, and most importantly, advance health equity for millions of Californians.

Background. Existing state law, the Dymally-Alatorre Bilingual Services Act, requires every state department involved in providing information or services to the public employ a sufficient number of qualified bilingual staff in public contact positions to ensure information and services are provided in the language of the non- or limited-English speaking person if 5% of contact with the public is made with non- or limited-English speaking people.

In 2021, Governor Newsom proposed a new Equity-Centered Programs initiative that included a Language Access Policy Framework with an accompanying request of budget resources to support two limited-term positions to develop and implement an agency-wide language access policy and a protocol framework that considers numerous aspects of language access. The policy framework built on an internal Language Access Work Group that had been working to develop a language access policy and operations framework to improve language assistance services by CalHHS departments. In September 2022, the Governor also ordered CalHHS to develop recommendations to improve language and communications access to state government services and programs. In May 2023, CalHHS released a memo to department directors outlining a policy based on the work of the initiative and the work group and requiring the departments to submit LAPs to CalHHS by December 1, 2023, and review and update the plans as necessary every two years. Departments under CalHHS have posted LAPs to their websites. The CalHHS memo also stated the work group would issue guidance to departments to support the development of LAPs. CalHHS received a one-time $20 million investment for improving language access, but indicates the funds are supporting the development and implementation of a CalHHS Language Access Policy and are not available.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing: April 29, 2025

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 1242 (

Author:Nguyen) – As Amended Ver:March 28, 2025

SUBJECT: Language access

SUMMARY: Requires each state department and office within the California Health and Human Services Agency (CalHHS) to develop and regularly update Language Access Plans (LAPs) and conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking individuals, and those who are deaf or hard of hearing. Establishes a Language Access Director within CalHHS to oversee the implementation, community engagement, and agency compliance, and creates a grant program to support community-based organizations in outreach and education. Specifically, this bill:

1. Requires every state agency that serves a substantial number of non-English-speaking people and provides materials in English explaining services and provide materials in any non-English language spoken by a substantial number of the public that is served, to also include persons eligible to be served by the agency.
2. Revises current state agency survey requirements to require each state agency to conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people and develop and update an implementation plan.
3. Requires a state agency to utilize specified information in conducting the assessment and survey, and in developing and updating the implementation plan described in 2) above, including:
   1. The most recent census data from the United States (U.S.) Census Bureau, or recent data from any other relevant data databases, including, but not limited to, both of the following:
      1. English Learner Data, available on the DataQuest reporting system provided by the State Department of Education; and,
      2. Language Microdata for California, and any other language database that is based on the census and includes limited-English-proficiency (LEP) by ZIP Code and census tract, available on the Demographic Research Unit Data Portal provided by the Department of Finance.
   2. Community-level input from various mechanisms, including focus groups, roundtables, and advisory bodies, especially during times of emergencies; and,
   3. Any relevant factors other than those described in a) and b) above, including levels of linguistic isolation and percentages of LEP within each language group.
4. Revises existing survey requirements to require each state agency to conduct an assessment of language needs and language survey of each its statewide and local offices every two years to determine the number of non-English-speaking or limited-English-speaking people served or eligible to be served by each statewide and local office broken down by native language based on any of the information described in 2) above, to assess the language needs in each of its statewide or local offices service area.
5. Revises provisions to require the state agency’s assessment pursuant to 4) above, to the include limited-English-speaking people and people eligible to be served by each statewide and local office based on the information described in 3) above, to assess the language needs of non-English-speaking or limited-English-speaking populations in each statewide or local offices service area.
6. Includes contracted video interpretation services serving the language needs of people served by the agency as an available option in the assessment pursuant to 4) above, when determining whether the use of other available options in addition to qualified bilingual persons in public contact positions is serving the language needs of the people served by the agency.
7. Authorizes an agency to rely on its most recent survey and language assessment data in developing its implementation plan.
8. Requires the California Department of Human Resources (CalHR), when reviewing the results of language need surveys and implementation plans, to also review language assessments. Adds the following elements to CalHR’s existing biannual report to the Legislature:
   1. The report shall identify significant problems or deficiencies and propose solutions where warranted;
   2. The report shall include each state agency’s language assessment, survey results, and implementation plan; and,
   3. The report shall be submitted in accordance with existing law.
9. Establishes within CalHHS, the Language Access Division (LAD) to provide critical oversight, accountability, and coordination across various state departments and agencies to ensure individuals with LEP and individuals who are deaf or hard of hearing have meaningful access to government programs and services.
10. Requires the LAD to do all of the following:
    1. Lead the implementation, monitoring, and periodic updating of LAPs within CalHHS, including a LAP for each department and office within CalHHS and CalHHS’ LAP Guidance Document;
    2. Coordinate with the language access coordinators from the various departments and offices within CalHHS to implement each departments’ and offices’ LAP;
    3. Increase the provision of language assistance services, including translation and interpreter services, through various options, which may include, but are not limited to, hiring bilingual staff and contracting with community-based organizations and third-party vendors;
    4. Ensure the use of qualified interpreters and qualified translators for any language assistance provided to persons with LEP or persons who are deaf or hard of hearing;
    5. Ensure each LAP, as required by 13) below, includes all of the following:
       1. Methods to identify individuals with LEP who require language assistance, including both of the following:
          1. A demographic assessment of the department’s service population; and,
          2. An effective system of recording and utilizing spoken, sign, and written language preferences, including processes to identify the correct linguistic variant.
       2. Language assistance measures and information about the ways that language assistance will be provided, including all of the following:
          1. The types of services available, including: how a department or office will provide free sign language interpretation and oral interpretation services in a language and linguistic variant, upon request, for all public contacts, including sight translation of vital documents pursuant to CalHHS’ LAP Guidance Document; and how the department or office will use the safe harbor provisions as described the Federal Register to determine the languages that a vital document is required to be translated into.
          2. How staff can obtain those services;
          3. How to respond to an individual who requires language assistance, including via telephone, written communication, and in-person contact; and,
          4. Ensuring the competency of qualified interpreters and qualified translators.
       3. Training for staff to ensure they know about policies, procedures, and best practices related to the provision of meaningful language access and, ensuring staff who have contact with the public are trained to work effectively with in-person, video, and telephone interpreters;
       4. Notice for individuals containing the language services that are available at no cost for an individual with LEP or, to the extent that a service area exists, who reside in its service area and are eligible for services; and,
       5. A mechanism to monitor the implementation of the plan and update the plan every two years. Requires the update to include whether new documents, programs, services, and activities are required to be made accessible for individuals with LEP and who are deaf or hard of hearing.
    6. Collect data from the various departments and offices within CalHHS to create the report required in 13) below.
    7. Ensure a document is translated if an individual with LEP submits a written request to CalHHS, or any of its departments or offices, that the document be translated into the individual’s preferred language;
    8. Commencing no later than January 1, 2027, engage communities with LEP and deaf and hard of hearing communities to assist in expanding access to the programs and services provided by CalHHS and the various departments and offices within the agency, including, but not limited to, by doing all of the following:
       1. Conducting targeted outreach to communities who are LEP or deaf and hard of hearing to solicit advice on policies and practices affecting individuals who are eligible for services and benefits from departments’ and offices’ within CalHHS and provide input and feedback to the agency about its LAP and policies;
       2. Marketing and promoting those programs and services in a variety of languages to the general public and LEP communities; and,
       3. Establishing a grant program lasting at least two years to provide funding for community-based organizations working with communities with LEP to provide outreach and education to them and to provide feedback to CalHHS regarding its LAP and policies; and,
    9. Develop an LAP Guidance Document to support the various departments and offices within CalHHS in their development of an LAP.
11. Authorizes the LAD to consider the following when reviewing a plan for updates:
    1. Changed demographics;
    2. An analysis of internal and external data;
    3. Responses to new and unexpected language needs;
    4. Assessment and measures of client satisfaction; and,
    5. Capacity-building efforts regarding funding, staffing, and training.
12. Requires each department and office within CalHHS to do both of the following: develop a LAP; and, delegate a coordinator to work with the LAD to achieve the purposes of this division.
13. Requires, commencing November 1, 2027, and every other year thereafter, CalHHS, under the oversight of the LAD, to submit a report for the two prior fiscal years to the Legislature and the relevant policy committees containing the information described below. Requires the report to provide information by fiscal year, including:
    1. Challenges encountered while implementing the various LAPs;
    2. The LAD’s efforts to address the problems it encountered, if any;
    3. Lessons learned and best practices;
    4. The number and percentage of individuals with LEP and who are deaf or hard of hearing who use each department’s or office’s services, listed by language other than English, in comparison to the estimated population with LEP and who are deaf or hard of hearing who are eligible for the department’s or office’s services, including a description of the methodology or data collection system used to make this determination;
    5. The name and contact information for each language access coordinator;
    6. A list of ongoing employee development and training strategies to maintain well-trained multilingual employees and general staff, including a description of quality control protocols for multilingual employees; and, language service protocols for individuals with LEP, or who are deaf or hard of hearing, who are in crisis situations;
    7. A list of goals for the upcoming year and, except for the first year of the report, an assessment of each department’s and office’s success at meeting the prior year’s goals;
    8. The number of translation requests received and provided, the languages used to translate materials, and which materials were translated and completed during the prior fiscal year; and,
    9. The number of interpretation requests received and the number of interpretation services provided, by language, including services provided in person, by video, and via telephone, for services provided by department and office staff, as well as by contracted vendors.
14. Requires the report to be submitted in accordance with state law pursuant to 11) below.
15. Requires CalHHS, from funds appropriated in the Budget Act of 2023, to allocate sufficient funds to implement and carry out the provisions of this bill, including the requirement for the departments and offices within the agency to assign a language access coordinator.
16. Defines, for the purposes of these provisions, the following terms to have the following meaning:
    1. “Interpretation” to mean the process of understanding and analyzing a spoken or signed message and re-expressing that message faithfully, accurately, and objectively in another language, taking the cultural and social context into account.
    2. “Limited English proficiency” or LEP to mean individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English, and are eligible to receive language assistance with respect to services, benefits, or challenges encountered.
    3. “Qualified interpreter” to mean a person who satisfies all of the following:
       1. Demonstrated proficiency in both English and the target language;
       2. Knowledge in both English and the target language of health care and other appropriate terminology and concepts relevant to health care or social services delivery systems;
       3. Adherence to generally accepted interpreter ethics and principles, including, but not limited to, client confidentiality; and,
       4. Specifies that a “qualified interpreter” does not mean a person who provides oral interpretation using a machine or done online, including, but not limited to, providing interpretation using an online, machine-based interpreter service or artificial intelligence, unless a person reviews and appropriately corrects the interpretation before the final interpretation reaches its intended audience.
    4. “Qualified translator” to mean a person who satisfies all of the following:
       1. Demonstrated proficiency in both English and the target language;
       2. Knowledge in both English and the target language of health care and other appropriate terminology and concepts relevant to health care or social services delivery systems;
       3. Adherence to generally accepted translator ethics and principles, including, but not limited to, client confidentiality; and,
       4. Specifies that a “qualified translator” does not mean a person who makes a translation using a machine or done online, including, but not limited to, making a translation using an online, machine-based translation service or artificial intelligence, unless the person reviews and appropriately revises the translation before the final translation reaches its intended audience.
    5. “Translation” as the conversion of written text into the corresponding written text in a different language, taking cultural and social context into account. Provides that “translation” does not include the conversion of written text into the corresponding written text in a different language made by a machine or done online, including, but not limited to, through the use of an online, machine-based translation service or artificial intelligence, unless a qualified translator reviews and appropriately revises the translation before the final translation reaches its intended audience.
17. Makes the following legislative findings and declarations: this act aligns with Executive Order No. N-16-22, which committed to strengthening equity and language access, and the California Health and Human Services Agency’s Language Access Plan Guidance Document.

EXISTING LAW:

1. Establishes CalHHS, which consists of the following departments and offices (hereinafter “departments”): Aging, Child Support Services, Community Services and Development, Developmental Services (DDS), Health Care Access and Information, Health Care Services, Managed Health Care, Public Health (CDPH), Rehabilitation, Social Services (CDSS), State Hospitals, the Center for Data Insights and Innovation, the Emergency Medical Services Authority, the Office of Technology and Solutions Integration, the Office of Law Enforcement Support, the Office of the Surgeon General, the Office of Youth and Community Restoration, and the State Council on Developmental Disabilities. (Government Code [GOV] § 12803, 12806)
2. Requires, under the Dymally-Alatorre Bilingual Services Act (Act), each state agency, defined as every state office, department, division, bureau, board, or commission directly involved in the furnishing of information or the rendering of services to the public that includes a substantial number of people with LEP, to employ a sufficient number of qualified bilingual persons in public contact positions. Defines “public contact position” as a position determined by the agency to be one, which emphasizes the ability to meet, contact, and deal with the public in the performance of the agency’s functions. Allows state agencies to contract for telephone-based interpretation services in addition to employing qualified bilingual persons in public contact positions. (GOV § 7292, 7297, 7299.1)
3. Requires any materials explaining services available to the public to be translated into any non-English language spoken by a substantial number of people with LEP served by the agency. Defines substantial number people with LEP as members of a group who compromise 5% or more of the people served statewide or any local office or facility of a state agency. (GOV § 7295, 7295.2)
4. Requires every state agency which serves a substantial number of non-English-speaking people and which provides materials in English explaining services to also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency. (GOV § 7295.2)
5. Requires, whenever notice of the availability of materials explaining services available is given, orally or in writing, notice to be given in English and in the non-English language into which any materials have been translated. (GOV § 7295.2)
6. Provides that 4) and 5) above, are not be interpreted to require verbatim translations of any materials provided in English by a state agency. (GOV § 7295.2)
7. Requires whenever a state agency finds that any of factors listed in both a) and c) or b) and c) below exist, the state agency to distribute the applicable written materials in the appropriate non-English language through its statewide and local offices or facilities to non-English-speaking persons, or, authorizes as an alternative, the state agency to elect to furnish translation aids, translation guides, or provide assistance, through use of a qualified bilingual person, at its statewide and local offices or facilities in completing English forms or questionnaires and in understanding English forms, letters, or notices:
   1. The written materials, whether forms, applications, questionnaires, letters, or notices solicit or require the furnishing of information from an individual or provide that individual with information;
   2. The information solicited, required, or furnished affects or may affect the individual’s rights, duties, or privileges with regard to that agency’s services or benefits; or,
   3. The statewide or local office or facility of the agency with which the individual is dealing, serves a substantial number of non-English-speaking persons. (GOV § 7295.4)
8. Defines a “substantial number of non-English-speaking people” as members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, and who comprise 5% or more of the people served by the statewide or any local office or facility of a state agency. (GOV § 7296.2)
9. Requires each state agency to conduct a language survey and develop and update an implementation plan, as specified. (GOV § 7299.4)
10. Requires CalHR to review the results of the surveys and implementation plans required to be made by 6) above, and to compile this data, and provide a report to the Legislature every two years. Requires the report to identify significant problems or deficiencies and propose solutions where warranted. (GOV § 7299.6)
11. Requires any report required or requested by law, or identified in the Legislative Analyst’s Supplemental Report of the Budget Act, to be submitted by a state or local agency to a committee of the Legislature or the Members of either house of the Legislature generally, shall instead be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel. Requires each report to include a summary of its contents, not to exceed one page in length. Requires if the report is submitted by a state agency, that agency to also provide an electronic copy of the summary directly to each member of the appropriate house or houses of the Legislature. Requires notice of receipt of the report to be recorded in the journal of the appropriate house or houses of the Legislature by the secretary or clerk of that house, as provided. (GOV § 9795)

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Limited English Proficiency in California. California is one of the most linguistically diverse states in the U.S., with a significant proportion of its population speaking languages other than English at home. According to the U.S. Census Bureau, from 2018 to 2022, about 44% of California residents older than five years of age spoke a language other than English at home and 17.1% spoke English less than very well. Specifically, 28.2% spoke only Spanish at home, and of this group, 38.2% spoke English less than very well; 9.9% spoke a language from Asia and the Pacific Islands such as Chinese, Tagalog, Vietnamese, and Korean, and 4.6% spoke English less than very well; and, 1.1% spoke other languages (200+), including over 100 indigenous languages.

Federal and State Anti-Discrimination Law. On the national level, Title VI of the federal Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs receiving federal assistance. The U.S. Supreme Court case Lau v. Nichols (1974) clarified that national origin discrimination includes a person’s LEP. President Clinton issued Executive Order (EO) 13166 in 2020 further requiring that organizations receiving federal assistance must ensure meaningful access to their programs for individuals with LEP.

The “safe harbor” provisions outlined in the U.S. Department of Health and Human Services’ guidance published in Volume 68 of the Federal Register provide a clear framework for determining when federal funding recipients should translate written materials to ensure meaningful access for individuals with LEP. These provisions are not strict mandates, but rather practical benchmarks that, if followed, offer strong evidence of compliance with Title IV of the Civil Rights Act.

In California, the Dymally-Alatorre Bilingual Services Act became law in 1973 to ensure that individuals who do not speak English or with LEP can access public services without language being a barrier. Under the Act, any state or local agency that serves a “substantial number” of non-English-speaking people, defined as 5% or more of the population served, must take specific steps to eliminate language barriers. This includes hiring bilingual staff in public-facing roles and translating written materials that explain programs, services, or benefits into the languages spoken by the communities they serve. For example, the Department of Motor Vehicles’ offices serving the Koreatown of Los Angeles ensure language accessibility by offering translated documents in Spanish and Korean and employing bilingual staff who can assist individuals in those languages.

To ensure agencies are meeting these obligations, the Act requires them to conduct language surveys every two years. These surveys assess the language needs of the populations served and are used to develop implementation plans that guide how agencies provide language access. CalHR reviews these surveys and implementation plans, identifies areas of non-compliance, and reports findings and recommendations to the Legislature. The Act recognizes California’s linguistic diversity and affirms the right of all residents to meaningful participation in government programs and services.

This bill expands existing requirements under the Dymally-Alatorre Bilingual Services Act by requiring all state agencies that serve a substantial number of non-English-speaking individuals to provide translates materials not only to those currently in need, but also to those eligible for services. To ensure services meet the actual language needs of California’s diverse communities, this bill requires state agencies to conduct comprehensive language needs assessments and surveys every two years. These assessments must use a combination of data sources, including U.S. Census data, educational language databases, and community-level input, and must be conducted separately for each local and statewide office. This bill requires agencies to use this data to develop and regularly update LAPs, detailing how they will provide interpreter and translation services, train staff, and ensure public awareness of available language assistance. This bill requires departments and offices within CalHHS to consider how they will use safe harbor provisions to determine the languages that a vital document is to be translated into.

Impacts of Language Barriers. Language barriers can have wide-ranging impacts on individuals trying to access health and social services, particularly those who are LEP or deaf and hard of hearing. When individuals cannot understand or be understood by health and social services providers due to language barriers, their ability to access timely, appropriate, and equitable care is significantly compromised. In public assistance programs, language barriers can prevent people from fully understanding their rights, the programs they may qualify for, and how to apply or comply with requirements. This can lead to underutilization of essential programs such as food assistance, childcare subsidies, and housing support, even among individuals who are eligible. For example, LEP applicants for CalFresh frequently report difficulties navigating the application process due to inadequate language support. Language barriers can also cause procedural complications such as incomplete paperwork, missed deadlines, or misunderstandings that result in benefits being denied, delayed, or discontinued.

For patients in healthcare settings, this can result in misdiagnoses, medication errors, poor adherence to treatment plans, and avoidable hospitalizations. LEP individuals are more likely to report dissatisfaction with care, to miss follow-up appointments, and to delay seeking medical attention until health issues become urgent or life-threatening. LEP individuals are also less likely to have health insurance, visit a doctor, or receive preventive care. These barriers disproportionately affect immigrants, refugees, and low-income communities, exacerbating existing disparities in health outcomes and economic security. They also place added strain on frontline staff and public agencies, which may face increased workloads due to communication errors, complaints, and preventable crises.

Language Access Policy. In 2021, Governor Newsom introduced equity-focused initiatives through the 2021-22 state budget, including a new LAP framework. This initiative provided a one-time allocation of $20 million to support the development and implementation of a comprehensive statewide framework to improve language access. The framework addressed key areas such as legal compliance, operational protocols of translation and interpretation, bilingual staffing needs, and strategies for community engagement.

On September 13, 2022, Governor Newsom reinforced this commitment by issuing EO N-16-22, which highlighted the state’s investments to improve language access across government services. The EO directed CalHHS to develop formal recommendations to enhance language and communication access to state programs and services, with a deadline of September 30, 2023.

On May 22, 2023, CalHHS formally adopted a Language Access Policy and issued a directive to department directors outlining requirements for developing department-level LAPs—regardless of a department’s funding sources. Each department’s LAP is required to:

1. Align with the U.S. Department of Justice’s 2022 guidance on Title IV of the Civil Rights Act, which prohibits national origin discrimination affecting individuals with LEP, as well as any applicable guidance from relevant federal funding agencies;
2. Include an analysis to determine reasonable steps for ensuring meaningful access for LEP individuals. This analysis must consider the number and frequency of LEP contacts, the nature and importance of the service or program, and the available resources and costs associated with providing language services;
3. Identify and address all applicable language access legal requirements specific to each department and its programs. Departments must also evaluate whether a Title VI analysis requires language services beyond those already mandated by state law or program regulations;
4. Submit draft LAPs to CalHHS by December 1, 2023, and update them at least every two years; and,
5. Make public the final, public-facing LAP on the department or office’s website by no later than June 1, 2024.

The CalHHS policy also established minimum standards that all departments and offices must meet or exceed in their LAPS:

• Interpretation Services. Departments must provide free sign language interpretation and oral interpretation in any spoken language upon request for all public interactions, including sight translation or vital documents. Full implementation was required by January 29, 2024;
• Translation Services. All vital documents intended for statewide use, including essential public-facing website content, must be translate into at least the top five threshold languages spoken by LEP individuals in California based on the most recent Census data. As of now, these are Spanish, Chinese, Tagalog, Vietnamese, and Korean. Vital documents include critical outreach materials, applications, eligibility and rights notices, emergency communications, and hearing notifications. Departments must identify which materials are considered “vital” in their LAPs, in accordance with CalHHS guidance;
• Essential Website Content. Departments must translate basic introductory web content and include non-English language taglines and ASL video advisories about the availability of free interpretation and translation services. This essential content must be made available in the top five thresholds languages and in ASL video format. Departments were required to complete by June 1, 2024; and,
• Language Threshold Review. The CalHHS Language Access Workgroup must reassess the list of threshold languages every two years, starting one year after the policy’s adoption, and consider expanding the number of supported languages.

To support implementation, the policy memo indicated that the CalHHS Language Access Workgroup would provide guidance to departments in developing their LAPs, and CDSS would administer additional funding for interpretation and translation services.

Currently, each department is required to appoint a language access coordinator as a part of the directive from CalHHS. Depending on the department’s size, more than one person may be needed to implement the department-level LAPs. This bill establishes a Language Access Director position responsible for overseeing the development, implementation, monitoring, and regular updates of LAPs across all departments and offices within CalHHS. This bill establishes a new Language Access Division (LAD) within CalHHS to provide oversight, coordination, and technical assistance across departments. The LAD is tasked with leading the development and implementation of LAPs, ensuring the use of qualified interpreters and translators, coordinating community engagement, and collecting statewide data on language access. Under this bill, starting in 2027, requires CalHHS’ LAD to submit biennial reports to the Legislature detailing language access efforts, challenges, usage rates, staff training, and translation and interpretation services provided.

This bill further requires the LAD to actively engage communities with LEP and those who are deaf or hard of hearing to help improve access to CalHHS programs and services. This includes conducting targeted outreach to gather input and feedback, promoting programs and services in multiple languages, and establishing a grant program to fund community-based organizations. These organizations would support outreach and education efforts within LEP communities and provide ongoing feedback to CalHHS on its LAPs and related policies.

This bill specifies that CalHHS is required to use funds appropriated in the 2023 Budget Act to ensure adequate funding is allocated to implement the provisions of the bill.

Federal Actions. On March 1, 2025, President Donald Trump signed EO 14224, designating English as the official language of the U.S.—a first in the nation’s history. This order rescinds EO 13166, issued in 2000 by President Bill Clinton, which had required that federal agencies and recipients of federal funding provide language assistance to individuals with LEP.

While the new order does not compel agencies to eliminate existing multilingual services, it removes the federal requirement to offer such assistance. Agencies now have the discretion to decide whether to continue providing documents and services in languages other than English. The EO’s impact will largely depend on how individual agencies choose to implement or modify their language services in the absence of a federal requirement.

Author’s Statement: According to the Author, “For the nearly 6.4 million Californians with limited English proficiency, language barriers pose a significant challenge to their ability to have meaningful access to quality health care coverage and services. [This bill] will close important gaps for those seeking a broad spectrum of health and social services, save the state millions in avoidable costs, bolster the state’s ability to meet statutory language requirements, and most importantly, advancing health equity for millions of Californians.”

Equity Implications: This bill seeks to address longstanding language barriers that have prevented individuals with LEP and those who are deaf or hard of hearing from fully accessing public health and social services in California. By strengthening language access requirements, establishing a centralized oversight structure, and mandating the development of development-led LAPs, this bill may move the state closer to ensuring that all Californians—regardless of the language they speak or their ability to hear—can access vital services and information.

Language barriers disproportionately impact low-income, immigrant, and historically marginalized communities, contributing to disparities in health outcomes, economic stability, and public participation. LEP individuals are more likely to experience difficulties in navigating health systems, applying for benefits, or understanding their legal rights, which can result in delayed care, loss of benefits, or missed opportunities for support. These inequities are further exacerbated during public health emergencies or crises, as seen during the COVID-19 pandemic when critical information was not made available in many indigenous or non-written languages.

By requiring agencies to translate vital documents, provide free interpretation services, and ensure that language access policies are regularly updated and informed by community input, this bill seeks to promote procedural equity and accountability. The establishment of a Language Access Director and a grant program to support community-based organizations further enhances equity by empowering trusted, culturally competent partners to help bridge gaps between the government and underserved communities.

Double referral: This bill was previously heard in the Assembly Health Committee on April 22, 2025, and was approved on a 16-0 vote.

RELATED AND PRIOR LEGISLATION:

SB 1016 (Gonzalez), Chapter 873, Statutes of 2024, required CDPH, whenever collecting demographic data as to the ancestry or ethnic origin of California residents for specified reports, to use separate collection and tabulation categories for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language group, as specified.

SB 1078 (Min) of 2024, would have established the Office of Language Access within CalHHS to lead the development, monitoring, and updating of state department LAPs, maintain a website with language access information and resources, and submit a report to the Legislature on language access issues within CalHHS departments. SB 1078 was held on the Assembly Committee on Appropriations suspense file.

AB 2155 (Ting) of 2024, would have established the Bilingual-Oriented Social Equity Services (BOSES) Grant Program within CDSS to distribute funding to nonprofit community-based organizations (CBOs) to provide a pay differential to direct service professionals who communicate in a language or medium other than English as part of their job duties. AB 2155 was held on the Assembly Committee on Appropriations suspense file.

SB 101 (Skinner), Chapter 12, Statutes of 2023, authorized nonprofits or CBOs to request additional funds to provide a pay differential of up to $1,000 each year to each direct service professional whose primary job responsibilities include communicating in a language or medium other than English.

SB 435 (Gonzalez) of 2023, would have required CDSS, 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. SB 435 was vetoed by Governor Newsom.

AB 1084 (Nguyen) of 2023, would have established the BOSES Grant Program within CDSS to distribute funding to nonprofit CBOs to provide a pay differential to direct service professionals who communicate in a language or medium other than English as part of their job duties.
AB 1084 was held on the Assembly Committee on Appropriations suspense file.

SB 17 (Pan) of 2022, would have established the Racial Equity Commission (REC) within the Governor's Office of Planning and Research to evaluate and recommend strategies for advancing racial equity across state agencies and departments. The REC would have developed a statewide Racial Equity Framework for the state, offer technical assistance to departments and local governments, engage in community outreach via quarterly stakeholder meetings, and publish annual reports on racial disparities in the state and recommendations to reduce such disparities. SB 17 was ordered to the Assembly inactive file.

AB 136 (Committee on Budget), Chapter 76, Statutes of 2021, provided for the statutory changes necessary to enact developmental-services-related provisions of the 2021 Budget Act. Included provisions related to language access and required DDS to establish and implement a system that promotes equity in access to services for consumers by providing a pay differential to direct service professionals who can communicate in a language or medium other than English.

AB 135 (Committee on Budget) Chapter 85, Statutes of 2021, required, among other things, that CDSS administer an enhanced language access and cultural competency initiative for individuals with developmental disabilities and their caregivers that includes identification of vital documents and internet content for translation, regular and periodic language needs assessments to determine threshold languages for translation, and coordinating and streamlining of interpretation and translation services.

AB 1531 (Salas) of 2019, would have lowered the calculation, from 5% to 3%, for determining the threshold languages for a state agency. AB 1531 was held on the Assembly Committee on Appropriations suspense file.

AB 2253 (Ting), Chapter 469, Statutes of 2014, made substantive changes to the Dymally-Alatorre Bilingual Services Act, including requiring a state agency subject to the Act to translate and make accessible on the homepage if its internet website, forms, and processes for submitting complaints of alleged violations of the Act by July 1, 2015. Required that the forms and processes be translated into all languages spoken by a substantial number of non-English speaking people served by the state agency, among other things.

REGISTERED SUPPORT / OPPOSITION:

Support

Asian Health Services (UNREG) (Co-Sponsor)

Asian Resources, INC (Co-Sponsor)

Center for Asian Americans in Action (Co-Sponsor)

Orange County Asian and Pacific Islander Community Alliance, INC. (OCAPICA) (Co-Sponsor)

Regional Pacific Islander Taskforce (Co-Sponsor)

A.B.L.E Community Development Foundation

AAPI Equity Alliance

AARP

ACC Senior Services

Access California

Active San Gabriel Valley

API Equality-LA

API Forward Movement

Asian Americans Advancing Justice-Southern California

Asian Americans for Community Involvement

Asian Immigrant Women Advocates

Asian Pacific Fund

Asian Pacific Islander American Public Affairs Association (APAPA)

Asian Pacific Partners for Empowerment, Advocacy and Leadership

Asian Pacific Partners for Empowerment, Advocacy and Leadership (APPEAL)

Asian Resources, INC.

Association for Chinese Families of the Disabled

Buen Vecino

California Healthy Nail Salons Collaborative

California LGBTQ Health and Human Services Network

California Pan - Ethnic Health Network

California Rural Legal Assistance, INC.

California State Council of Service Employees International Union (SEIU California)

Central Valley Pacific Islander Alliance

Children Now

Chinatown Community Development Center

Chinese American Council of Sacramento

Chinese Culture Foundation of San Francisco

Chinese for Affirmative Action/AACRE

Clinica Monseñor Oscar A. Romero

Coalition for Humane Immigrant Rights (CHIRLA)

Community Clinic Association of Los Angeles County (CCALAC)

Community Health Initiative of Orange County

Community Legal Aid Socal

Community Youth Center of San Francisco

Courage California

CPCA Advocates, Subsidiary of the California Primary Care Association

DeafHope

Disability Rights California

Diversity in Health Training Institute

Empowering Pacific Islander Communities (EPIC) Fiscally Sponsored by Community Partners

F.O.U. Movement

Hawaii Daughters Guild

Healthy Contra Costa

Healthy House Within a Match Coalition

Hmong Innovating Politics

Initiate Justice

Korean Community Center of the East Bay

Korean Community Services

Kutturan Chamoru Foundation

Latino Coalition for a Healthy California

Le Gafa

Legal Aid Foundation of Los Angeles

Little Tokyo Service Center

Marshallese Youth of Orange County (MYOC)

My Sister's House CA

National Pacific Islander Education Network

NICOS Chinese Health Coalition

North East Medical Services (NEMS)

Northeast Valley Health Corporation

Nourish California

Oakland Asian Cultural Center

OC Action

Omid Multicultural Institute for Development

Orange County Herald Center

Pacific Asian Counseling Services

Pacific Islander Collective San Diego

Pacific Islander Health Partnership

Racial and Ethnic Mental Health Disparities Coalition

Richmond Area Multi-Services, INC.

San Francisco Community Health Center

South Asian Network

Southeast Asia Resource Action Center

Southern California Pacific Islander Community Response Team (SoCal PICRT)

Thai Community Development Center

The Black Alliance for Just Immigration

The Cambodian Family

The Children's Partnership

The Fresno Center

The Young S.A.M.O.A.

United Latino Voices of Contra Costa County

Vision Y Compromiso (UNREG)

Vital Access Care Foundation

Western Center on Law & Poverty, INC.

Opposition

None on file.

Analysis Prepared by: Bri-Ann Hernández-Mengual / HUM. S. / (916) 319-2089

Date of Hearing: April 22, 2025

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

ABPCA Bill Id:AB 1242

Author:(Nguyen) – As Amended Ver:March 28, 2025

SUBJECT: Language access.

SUMMARY: Revises existing law regarding state agency language survey requirements to require each state agency to conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people, as specified. Requires a state agency to utilize specified information in conducting biennial surveys of each statewide and local office, and in developing and updating an implementation plan that provides a detailed description of how the agency plans to address any deficiencies in meeting current language access requirements. Establishes the position of Language Access Director (LAD), within the California Health and Human Services Agency (CalHHS), to ensure individuals with limited English proficiency and individuals who are deaf or hard of hearing have meaningful access to government programs and services. Specifically, this bill:

Findings and Declarations

1. Finds and declares that this bill aligns with Executive Order No. N-16-22, which committed to strengthening equity and language access, and CalHHS’ current Language Access Plan (LAP) Guidance Document.

Dymally-Alatorre Provisions

1. Requires every state agency that serves a substantial number of non-English-speaking people and provides materials in English explaining services and also provide materials in any non-English language spoken by a substantial number of the public that is served, to also include persons eligible to be served by the agency.
2. Revises and recasts current state agency survey requirements to require each state agency to conduct an assessment and survey of the language needs of non-English-speaking and limited-English-speaking people and develop and update an implementation plan.
3. Requires a state agency to utilize specified information in conducting the assessment and survey and in developing and updating the implementation plan described in 3) above, including:
   1. The most recent census data from the United States Census Bureau, or recent data from any other relevant data databases, including, but not limited to, both of the following:
      1. English Learner Data, available on the DataQuest reporting system provided by the State Department of Education; and,
      2. Language Microdata for California, and any other language database that is based on the census and includes limited English proficiency (LEP) by ZIP Code and census tract, available on the Demographic Research Unit (DRU) Data Portal provided by the Department of Finance.
   2. Community-level input from various mechanisms, including focus groups, roundtables, and advisory bodies, especially during times of emergencies.
   3. Any relevant factors other than those described in a) and b) above, including levels of linguistic isolation and percentages of LEP within each language group.
4. Revises and recasts existing survey requirements within existing law to require each state agency to conduct an assessment of language needs and language survey of each its statewide and local offices every two years to determine the number of non-English-speaking or limited-English-speaking people served or eligible to be served by each statewide and local office broken down by native language based on any of the information described in 3) above to assess the language needs in each of its statewide or local offices service area.
5. Revises and recasts provisions to require the state agency’s assessment pursuant to 5) above to the include limited-English-speaking people and people eligible to be served by each statewide and local office based on the information described in 4) above to assess the language needs of non-English-speaking or limited-English-speaking populations in each statewide or local offices service area.
6. Includes contracted video interpretation services serving the language needs of people served by the agency as an available option in the assessment pursuant to 5) above when determining whether the use of other available options in addition to qualified bilingual persons in public contact positions is serving the language needs of the people served by the agency.
7. Authorizes an agency to rely on its most recent survey and language assessment data in developing its implementation plan.
8. Requires the Department of Human Resources (CalHR), when reviewing the results of language need surveys and implementation plans, to also review language assessments. Adds to the following requirements to CalHRs existing report to the Legislature:
   1. The report to include each state agency’s language assessment, survey results, and implementation plan.
   2. The report to be submitted in accordance with existing law.

Language Access Director Provisions

1. Establishes within CalHHS, the LAD to provide critical oversight, accountability, and coordination across various state departments and agencies to ensure individuals with LEP and individuals who are deaf or hard of hearing have meaningful access to government programs and services.
2. Requires the LAD to lead the implementation, monitoring, and periodic updating of LAPs within CalHHS, including both of the following:
   • 1. A LAP for each department and office within CalHHS; and,
     2. CalHHS’ LAP Guidance Document.
3. Requires the LAD to coordinate with the language access coordinators from the various departments and offices within CalHHS to implement each departments’ and offices’ LAP.
4. Requires the LAD to increase the provision of language assistance services, including translation and interpreter services, through various options, which may include, but are not limited to, hiring bilingual staff and contracting with community-based organizations and third-party vendors.
5. Requires the LAD to ensure the use of qualified interpreters and qualified translators for any language assistance provided to persons with LEP or persons who are deaf or hard of hearing.
6. Requires the LAD to ensure each LAP as required by 22) includes all of the following:
   1. Methods to identify individuals with LEP who require language assistance, including both of the following:
      1. A demographic assessment of the department’s service population.
      2. An effective system of recording and utilizing spoken, sign, and written language preferences, including processes to identify the correct linguistic variant.
      3. Language assistance measures and information about the ways that language assistance will be provided, including all of the following:
         1. The types of services available, including both of the following:
         2. How a department or office will provide free sign language interpretation and oral interpretation services in a language and linguistic variant, upon request, for all public contacts, including sight translation of vital documents pursuant to CalHHS’ LAP Guidance Document; and,
         3. How the department or office will use the safe harbor provisions described in pages 47311 and 47319 in Volume 68 of the Federal Register to determine the languages that a vital document is required to be translated into.
   2. How staff can obtain those services.
   3. How to respond to an individual who requires language assistance, including via telephone, written communication, and in-person contact.
   4. Ensuring the competency of qualified interpreters and qualified translators.
   5. Training for staff to ensure they know about policies, procedures, and best practices related to the provision of meaningful language access.
   6. Ensuring staff who have contact with the public are trained to work effectively with in-person, video, and telephone interpreters.
   7. Notice for individuals containing the language services that are available at no cost for an individual with LEP or, to the extent that a service area exists, who reside in its service area and are eligible for services.
   8. A mechanism to do both of the following:
      1. Monitor the implementation of the plan; and,
      2. Update the plan every two years. Requires the update to include whether new documents, programs, services, and activities are required to be made accessible for individuals with LEP and who are deaf or hard of hearing.
7. Authorizes the LAD to consider the following when reviewing a plan for updates:
   1. Changed demographics;
   2. An analysis of internal and external data;
   3. Responses to new and unexpected language needs;
   4. Assessment and measures of client satisfaction; and,
   5. Capacity-building efforts regarding funding, staffing, and training.
8. Requires the LAD to collect data from the various departments and offices within CalHHS to create the report required in 22) below.
9. Requires the LAD to ensure a document is translated if an individual with LEP submits a written request to CalHHS, or any of its departments or offices, that the document be translated into the individual’s preferred language.
10. Requires the LAD to develop a LAP Guidance Document to support the various departments and offices within CalHHS in their development of an LAP.
11. Requires the LAD, commencing no later than January 1, 2027, engage communities with LEP and deaf and hard of hearing communities to assist in expanding access to the programs and services provided by CalHHS and the various departments and offices within the agency, including, but not limited to, by doing all of the following:
    1. Conducting targeted outreach to communities who are LEP or deaf and hard of hearing to solicit advice on policies and practices affecting individuals who are eligible for services and benefits from department’s and offices’ within CalHHS and provide input and feedback to the agency about its LAP and policies;
    2. Marketing and promoting those programs and services in a variety languages to the general public and LEP communities; and,
    3. Establishing a grant program lasting at least two years to provide funding for community-based organizations working with communities with LEP to provide outreach and education to them and to provide feedback to CalHHS regarding its LAP and policies.

LAPS

1. Requires each department and office within CalHHS to do both of the following:
   1. Develop a LAP; and,
   2. Delegate a coordinator to work with the LAD to achieve the purposes of this division.
2. Requires, commencing November 1, 2027, and every other year thereafter, CalHHS, under the oversight of the LAD, to submit a report for the two prior fiscal years to the Legislature and the relevant policy committees containing the information described below. Requires the report to provide information by fiscal year, including:
   1. Challenges encountered while implementing the various LAPs;
   2. The LAD’s efforts to address the problems it encountered, if any;
   3. Lessons learned and best practices;
   4. The number and percentage of individuals with LEP and who are deaf or hard of hearing who use each department’s or office’s services, listed by language other than English, in comparison to the estimated population with LEP and who are deaf or hard of hearing who are eligible for the department’s or office’s services, including a description of the methodology or data collection system used to make this determination; and,
   5. The name and contact information for each language access coordinator.
   6. A list of ongoing employee development and training strategies to maintain well-trained multilingual employees and general staff, including a description of both of the following:
      1. Quality control protocols for multilingual employees;
      2. Language service protocols for individuals with LEP, or who are deaf or hard of hearing, who are in crisis situations;
      3. A list of goals for the upcoming year and, except for the first year of the report, an assessment of each department’s and office’s success at meeting the prior year’s goals;
      4. The number of translation requests received and provided, the languages used to translate materials, and which materials were translated and completed during the prior fiscal year; and,
      5. The number of interpretation requests received and the number of interpretation services provided, by language, including services provided in person, by video, and via telephone, for services provided by department and office staff, as well as by contracted vendors.
3. Requires the report to be submitted in accordance with 11) of Existing Law.
4. Requires, commencing no later than January 1, 2027, the LAD to engage communities with LEP and deaf and hard of hearing communities to assist in expanding access to the programs and services provided by CalHHS and the various departments and offices within CalHHS, including, but not limited to, by doing all of the following:
   1. Conducting targeted outreach to communities who are LEP or deaf and hard of hearing to solicit advice on policies and practices affecting individuals who are eligible for CalHHS’ department’s and offices’ services and benefits and provide input and feedback to the agency about its LAP and policies;
   2. Marketing and promoting those programs and services in a variety languages to the general public and LEP communities; and,
   3. Establishing a grant program at least two years to provide funding for CBOs working with communities with LEP to provide outreach and education and provide feedback to CalHHS regarding its language access plan and policies.

Funding Mechanism

1. Requires CalHHS, from funds appropriated in the Budget Act of 2023 (Chapter 12 of the Statutes of 2023), to allocate sufficient funds to implement and carry out the Health and Safety Code provisions of this bill, including the requirement for the departments and offices within the agency to assign a language access coordinator.

Definitions

1. Defines “interpretation” to mean the process of understanding and analyzing a spoken or signed message and re-expressing that message faithfully, accurately, and objectively in another language, taking the cultural and social context into account.
2. Defines “limited English proficiency” or LEP to mean individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English, and are eligible to receive language assistance with respect to services, benefits, or challenges encountered.
3. Defines “qualified interpreter” to mean a person who satisfies all of the following:
   1. Demonstrated proficiency in both English and the target language;
   2. Knowledge in both English and the target language of health care and other appropriate terminology and concepts relevant to health care or social services delivery systems;
   3. Adherence to generally accepted interpreter ethics and principles, including, but not limited to, client confidentiality; and,
   4. Specifies that a “qualified interpreter” does not mean a person who provides oral interpretation using a machine or done online, including, but not limited to, providing interpretation using an online, machine-based interpreter service or artificial intelligence, unless a person reviews and appropriately corrects the interpretation before the final interpretation reaches its intended audience.
4. Defines “qualified translator” to mean a person who satisfies all of the following:
   1. Demonstrated proficiency in both English and the target language;
   2. Knowledge in both English and the target language of health care and other appropriate terminology and concepts relevant to health care or social services delivery systems;
   3. Adherence to generally accepted translator ethics and principles, including, but not limited to, client confidentiality; and,
   4. Specifies that a “qualified translator” does not mean a person who makes a translation using a machine or done online, including, but not limited to, making a translation using an online, machine-based translation service or artificial intelligence, unless the person reviews and appropriately revises the translation before the final translation reaches its intended audience.
5. Defines “translation” as the conversion of written text into the corresponding written text in a different language, taking cultural and social context into account. Provides that “translation” does not include the conversion of written text into the corresponding written text in a different language made by a machine or done online, including, but not limited to, through the use of an online, machine-based translation service or artificial intelligence, unless a qualified translator reviews and appropriately revises the translation before the final translation reaches its intended audience.

EXISTING LAW:

1. Establishes CalHHS, which consists of the following departments and offices (hereinafter “departments”): Aging, Child Support Services, Community Services and Development, Developmental Services, Health Care Access and Information, Health Care Services, Managed Health Care, Public Health (DPH), Rehabilitation, Social Services (DSS), State Hospitals, the Center for Data Insights and Innovation, the Emergency Medical Services Authority, the Office of Technology and Solutions Integration, the Office of Law Enforcement Support, the Office of the Surgeon General, the Office of Youth and Community Restoration, and the State Council on Developmental Disabilities. [Government Code (GOV) § 12803, § 12806]
2. Requires, under the Dymally-Alatorre Bilingual Services Act, each state agency, defined as every state office, department, division, bureau, board, or commission directly involved in the furnishing of information or the rendering of services to the public that includes a substantial number of people with LEP, to employ a sufficient number of qualified bilingual persons in public contact positions. Defines “public contact position” as a position determined by the agency to be one, which emphasizes the ability to meet, contact, and deal with the public in the performance of the agency’s functions. Allows state agencies to contract for telephone-based interpretation services in addition to employing qualified bilingual persons in public contact positions. [GOV § 7292, § 7297, § 7299.1]
3. Requires any materials explaining services available to the public to be translated into any non-English language spoken by a substantial number of people with LEP served by the agency. Defines substantial number people with LEP as members of a group who compromise 5% or more of the people served by the statewide or any local office or facility of a state agency. [GOV § 7295, § 7295.2]
4. Requires every state agency which serves a substantial number of non-English-speaking people and which provides materials in English explaining services to also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency. [GOV § 7295.2]
5. Requires, whenever notice of the availability of materials explaining services available is given, orally or in writing, notice to be given in English and in the non-English language into which any materials have been translated. [Ibid.]
6. Provides that 1) and 2) are not be interpreted to require verbatim translations of any materials provided in English by a state agency. [Ibid.]
7. Requires whenever a state agency finds that any of factors listed in both a) and c) or b) and c) below exist, the state agency to distribute the applicable written materials in the appropriate non-English language through its statewide and local offices or facilities to non-English-speaking persons, or, authorizes as an alternative, the state agency to elect to furnish translation aids, translation guides, or provide assistance, through use of a qualified bilingual person, at its statewide and local offices or facilities in completing English forms or questionnaires and in understanding English forms, letters, or notices:
   1. The written materials, whether forms, applications, questionnaires, letters, or notices solicit or require the furnishing of information from an individual or provide that individual with information;
   2. The information solicited, required, or furnished affects or may affect the individual’s rights, duties, or privileges with regard to that agency’s services or benefits; or,
   3. The statewide or local office or facility of the agency with which the individual is dealing, serves a substantial number of non-English-speaking persons. [GOV § 7295.4]
8. Defines a “substantial number of non-English-speaking people” as members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, and who comprise five percent or more of the people served by the statewide or any local office or facility of a state agency. [GOV § 7296.2]
9. Requires each state agency to conduct a language survey and develop and update an implementation plan, as specified. [GOV § 7299.4]
10. Requires CalHR to review the results of the surveys and implementation plans required to be made by 6) above and to compile this data, and provide a report to the Legislature every two years. Requires the report to identify significant problems or deficiencies and propose solutions where warranted. [GOV § 7299.6]
11. Requires any report required or requested by law, or identified in the Legislative Analyst’s Supplemental Report of the Budget Act, to be submitted by a state or local agency to a committee of the Legislature or the Members of either house of the Legislature generally, shall instead be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel. Requires each report to include a summary of its contents, not to exceed one page in length. Requires if the report is submitted by a state agency, that agency to also provide an electronic copy of the summary directly to each member of the appropriate house or houses of the Legislature. Requires notice of receipt of the report to be recorded in the journal of the appropriate house or houses of the Legislature by the secretary or clerk of that house, as provided. [GOV § 9795]

FISCAL EFFECT: Unknown. This bill has not yet been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According the author, for the nearly 6.4 million Californians with LEP, language barriers pose a significant challenge to their ability to have meaningful access to quality health care coverage and services. The author states that this bill will close important gaps for those seeking a broad spectrum of health and social services, save the state millions in avoidable costs, bolster the state’s ability to meet statutory language requirements, and most importantly, advancing health equity for millions of Californians.
2. BACKGROUND. In 2021, Governor Newsom proposed a new Equity-Centered Programs initiative, which was included in the 2021–22 budget. The initiative included a Language Access Policy Framework with an accompanying request of budget resources to support two limited-term positions to develop and implement an agency-wide language access policy and a protocol framework that considers legal compliance, operational aspects of translation and interpretation; bilingual staff testing, classification, and related human resources requirements; and engagement with community stakeholders and partners. The agency-wide policy framework was intended to ensure consistent language access standards across all programs and services and build off an internal Language Access Work Group that had been convened in 2020 to develop a language access policy and operations framework to improve language assistance services by CalHHS departments. The Governor also issued Executive Order No. N-16-22 in September 2022, citing the state’s investment to improve language access across health and human services programs and ordering CalHHS to develop recommendations to improve language and communications access to state government services and programs.
   1. LEP in California. According to the U.S. Census Bureau, of people older than five years old living in California from 2018 to 2022, 43.9% spoke a language other than English at home, and 17.1% reported they did not speak English “very well.” Despite anti-discrimination and language access requirements in federal and state law, not all requirements have been implemented, monitored, or enforced. For example, according to an administrative complaint filed with the U.S. Department of Health and Human Services Office for Civil Rights, local agencies in the counties of Alameda, Los Angeles, Orange, Riverside, and San Bernardino failed to provide individuals with LEP meaningful access to COVID services during the pandemic. This complaint cited poor translations through Google Translate and dependence on volunteer interpreters rather than hiring qualified interpretation staff.
   2. Association between LEP and Health Care Access. A 2022 study titled, “Association Between Limited English Proficiency and Healthcare Access and Utilization in California,” highlighted healthcare disparities experienced by patients with LEP. The researchers analyzed aggregated data from the 2018 California Health Interview Survey, a large population-based survey. A total of 21,177 participants were included with 8.2% having LEP. Compared to participants with proficient English, LEP participants were less likely to have a usual place to go to when sick other than the emergency room or have a preventive care visit in the past year after adjusting for sociodemographic characteristics.

Another 2020 study titled, “Implications of language Barriers for Healthcare: A Systematic Review,” found that language barriers are a key cause of miscommunication between medical providers and patients, and negatively affect the quality of healthcare services and patient satisfaction. Hospital medical professionals perceive language barriers to be a source of workplace stress and an impediment to the delivery of high-quality healthcare. Much evidence shows a significant association between workplace stress and lower satisfaction among medical providers. In addition, studies indicate that language barriers contribute to medical professionals’ incomplete understanding of patients’ situations, delayed treatment or misdiagnoses, poor patient assessment and incomplete prescribed treatment.

• 1. Federal and State Anti-Discrimination Law. In federal law, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives federal financial assistance. A U.S. Supreme Court case, Lau v. Nichols (1974) later specified that national origin discrimination includes discrimination based on a person’s inability to speak, read, write, or understand English. Executive Order 13166, issued by President Clinton in 2000, expanded upon these protections by requiring any organization that receives federal financial assistance to provide meaningful access to programs and activities for persons who are LEP.

In California, the Dymally-Alatorre Bilingual Services Act became law in 1973 to ensure that individuals seeking state government services whose primary language is not English are not precluded from receiving services because of language barriers.

The Dymally-Alatorre Act requires each state agency which serves a substantial number of non-English-speaking people and provides materials in English explaining services to also provide the same materials in any non-English language spoken by a substantial number of the public served by the agency. The current definition of “substantial number of non-English speaking people” includes non- or limited-English speaking people who comprise 5% or more of the people served by the statewide or local office or facility of a state agency. Further, the Dymally-Alatorre Act requires all state departments involved in providing information or services to the public, when five percent of contact with the public is made with non- or limited-English speaking people, to employ a sufficient number of qualified bilingual staff in public contact positions to ensure information and services are provided in the language of the non- or limited-English speaking person.

Dymally-Alatorre also requires each agency to conduct a language survey and develop and update an implementation plan. The California Department of Human Resources (CalHR) provides training and technical support to agencies in conducting the Language Survey and Implementation Plan that identifies public contacts and resources available to ensure an equal level of service is being provided to substantial populations speaking non-English languages. Once the survey is conducted, agencies review their results to determine if they have staffing or written document deficiencies, and they develop a plan to correct any they find. Each agency has a Language Survey Coordinator that is responsible for communicating the requirements of the Act to the agency and for ensuring that a meaningful survey is conducted. The Language Survey Coordinator also reports the progress on the implementation plan to CalHR. CalHR prepares a report to the Governor and the Legislature that identifies the results of the survey.

• 1. How does this bill update the Dymally-Alatorre Act? This bill expands the definition of “substantial number of non-English speaking people” to include individuals who are eligible to be served by the agency. The author’s intent is to include individuals who may not currently access the agency’s services, but are eligible to do so. Further, this bill revises the existing survey requirement by requiring not only a survey of the language needs of non- and limited-English-speaking people but also an assessment utilizing data from the United States Census Bureau or recent data from other relevant databases, community-level input, other relevant factors including linguistic isolation and percentages of LEP within each language group. The author’s intent is for each agencies to review this data to get a clearer picture of the needs of LEP individuals.
  2. Language Access Policy in California. In May 2023, CalHHS released a memo to department directors outlining a policy based on the work of the initiative and the work group. The policy outlines department-level language assistance plans with the following requirements, regardless of the funding source of the department:
     1. Be consistent with the U.S. Department of Justice’s 2002 guidance to agencies receiving federal financial assistance regarding Title VI’s prohibition against national origin discrimination affecting LEP persons and any applicable federal funding agency;
     2. Address Title VI’s analysis for determining reasonable steps to ensure meaningful access for persons with LEP. The analysis includes a weighing of the number of people with limited English eligible to be served by the program and the frequency of contact they would have with the program, the nature and importance of the program or service, and the resources available to the program and the costs of translation services;
     3. Identify and address language access legal requirements specific to that department and its programs and analyze whether the Title VI analysis requires additional language assistance beyond what is otherwise required by state law or the department’s programs;
     4. Submit plans to CalHHS by December 1, 2023, and review and update the plans as necessary every two years; and,
     5. Post its final, public facing Language Access Plan to the Department or Office’s website no later than June 1, 2024.

CalHHS also issued minimum language access standards and required each department’s LAP to address how it would meet or exceed the standards:

• • 1. Provide free sign language interpretation and oral interpretation in any spoken language, upon request for all public contact, including sight translation of vital documents by January 29, 2024;
    2. Translate all vital documents intended for use statewide, including essential public website content, into at least the top five threshold languages spoken by persons with LEP in California, per the most recent available Census data (currently Spanish, Chinese, Tagalog, Vietnamese, and Korean). Vital documents and essential public website content are to be identified by each department within its Language Assistance Plan. Essential public website content includes one or more introductory web pages with basic information about the department and its programs and non-English taglines advising of the availability of free oral interpretation services and written translations. Essential public website content is also to be provided in American Sign Language video clips;
    3. Identification and translation of vital documents into the top five languages is to be completed by June 1, 2024; and,
    4. CalHHS and the Language Access Work Group are to reevaluate the list of statewide threshold languages and the feasibility of adding more than five within one year and then every two years thereafter.

The policy memo additionally stated that CalHHS Language Access Work Group would issue guidance to CalHHS departments to support the development of their LAPs and that DSS would administer additional funds for interpretation and translation activities to supplement CalHHS departments’ existing language services capacity.

Departments and offices under CalHHS have posted LAPs to their websites.

• 1. How does this bill change language access policy beyond Dymally Alatorre? This bill codifies the requirement for each department or office within CalHHS to develop an LAP and requires each department or office to delegate a coordinator to work with the LAD to fulfill the requirements of this bill.

Further, this bill creates the Language Access Director position to lead the implementation, monitoring, and periodic updating of Language Access Plans within CalHHS.

This bill requires, commencing November 1, 2027, CalHHS under the oversight of the LAD to submit a report for the two prior two fiscal years to the Legislature and the relevant policy committees containing specified information relating to the implementation of the LAPs.

This bill further requires the LAD to engage communities with LEP and deaf and hard of hearing communities to assist in expanding access to the programs and services provided by CalHHS and the various departments and offices within CalHHS, including conducting targeted outreach to solicit feedback and input, marketing and promoting programs and services in a variety of languages, and establishing a grant program to provide funding for community-based organizations working with communities with LEP to provide outreach and education to community members, as well as provide feedback to CalHHS regarding its LAP and policies.

In terms of a funding source, this bill requires CalHHS to allocate sufficient funds appropriated from the Budget Act of 2023 to carry out the provisions of this bill. The author is referring to the $40 million API Health Equity Allocation.

• 1. Federal Actions. President Trump signed an executive order designating English as the official language of the U.S., the first such designation in the country's history. The order rescinds the Clinton-era policy requiring agencies to provide assistance programs for people with LEP. However, the order allows agencies to voluntarily keep those support systems in place.

1. SUPPORT. Asian Health Services is the sponsor of this bill and states, to address these language access barriers and increase access for communities who are LEP, this bill would establish a Language Access Director within CalHHS provide oversight, accountability, and coordination across CalHHS’ departments and offices and oversee the implementation of CalHHS’ and its department’s and office’s LAPs to ensure individuals with LEP and individuals who are deaf or hard of hearing can access the state’s health and human services programs and services. AHS continues that this bill would ensure guardrails for the use of AI for language access by requiring human review when using machine, online or AI-generated interpretation and translation services for all programs and services under CalHHS. AHS further notes that this bill would also amend the Dymally-Alatorre Bilingual Services Act to improve the determination of language assistance provided by state and local agencies through recommending the use of relevant data, community engagement and input, and other relevant factors. AHS states that while the state has made strides in promoting language equity, many vital public health and human services remain inaccessible to Californians who speak less commonly spoken languages, putting their health, safety, and dignity at risk. AHS concludes that this bill is a critical health equity bill that will help ensure all Californians, not just English speakers, receive the services and support they are entitled to.
2. RELATED LEGISLATION.
   1. AB 843 (Garcia) requires a health care service plan or health insurer to take reasonable steps to provide meaningful access to each individual with LEP, including companions with LEP, eligible to receive services or likely to be directly affected by the plan or insurer’s programs and activities. AB 843 passed the Assembly Health Committee with a vote of 13-0.
   2. AB 667 (Solache) would, beginning July 1, 2026, require certain boards under the jurisdiction of the Department of Consumer Affairs to permit an applicant who cannot read, speak, or write in English to use an interpreter to interpret the English written and oral portions of the license examination, if the applicant meets all other requirements for licensure, as specified. AB 667 would require an interpreter to satisfy specified requirements, including not having the license for which the applicant is taking the examination, and would prohibit the assistance of an interpreter under certain circumstances, including when English language proficiency is required for the license. AB 667 would also require those boards to post on their internet websites that an applicant may use an interpreter if they cannot read, speak, or write in English, the examination is not offered in their preferred language, and they meet all other requirements for licensure. AB 667 passed Committee on Business & Professions with a vote of 15-0.
3. PREVIOUS LEGISLATION.
   1. AB 2155 (Ting) of 2024 would have required DSS to establish and administer a Bilingual-Oriented Social Equity Services Grant Program to distribute funding to community-based organizations that provide social services to pay a differential to services professionals who can communicate in a language other than English as part of their job duties. AB 2155 was held on the Assembly Appropriations Committee suspense file.
   2. SB 1016 (Gonzalez) Chapter 873, Statutes of 2024, requires DPH and DSS, whenever collecting demographic data as to the ancestry or ethnic origin of California residents for specified reports, to use separate collection and tabulation categories for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language group, as specified.
   3. SB 1078 (Min) of 2024 would have established the Office of Language Access within CalHHS to lead the development, monitoring, and updating of state department LAPs, maintain a website with language access information and resources, and submit a report to the Legislature on language access issues within CalHHS departments. SB 1078 was held on suspense in the Assembly Appropriations Committee.
   4. AB 1084 (Nguyen) of 2023 was substantially similar to AB 2155. AB 1084 was held on the Assembly Appropriations Committee suspense file.
   5. AB 135 (Committee on Budget) Chapter 85, Statutes of 2021, requires, among other things, that DSS administer an enhanced language access and cultural competency initiative for individuals with developmental disabilities and their caregivers that includes identification of vital documents and internet content for translation, regular and periodic language needs assessments to determine threshold languages for translation, and coordinating and streamlining of interpretation and translation services.
   6. AB 1531 (Salas) of 2019 would have lowered the calculation, from 5% to 3%, for determining the threshold languages for a state agency. AB 1531 was held on the Assembly Appropriations Committee suspense file.
   7. AB 2253 (Ting) Chapter 469, Statutes of 2014, requires CalHR to issue orders to compel a state agency to comply with the Dymally-Alatorre Bilingual Services Act, requires agencies to translate and make accessible information about submitting language access complaints on their websites and as available forms in offices, requires each state agency to conduct a bilingual services survey, and revised how threshold languages are determined by state agencies.
4. POLICY COMMENT. Regarding the bill’s funding mechanism, the author may wish to work with CalHHS and departments and offices who were allocated this funding to inquire about the status of these funds. The author also indicates she is pursuing a $10M budget request.
5. DOUBLE REFERRAL. This bill is double-referred, upon passage of this committee, it will be referred to the Assembly Committee on Human Services.

REGISTERED SUPPORT / OPPOSITION:

Support

Asian Health Services (sponsor)

A.B.L.E. Community Development Foundation

AAPI Equity Alliance

AARP

ACC Senior Services

Access California

Active San Gabriel Valley

API Forward Movement

Asian Americans Advancing Justice-southern California

Asian Americans for Community Involvement

Asian Immigrant Women Advocates

Asian Pacific Fund

Asian Pacific Islander American Public Affairs Association (APAPA)

Asian Pacific Partners for Empowerment, Advocacy and Leadership (APPEAL)

Asian Resources, Inc.

Association for Chinese Families of the Disabled

Buen Vecino

California Healthy Nail Salons Collaborative

California LGBTQ Health and Human Services Network

California Pan - Ethnic Health Network

California State Council of Service Employees International Union (SEIU California)

Center for Asian Americans in Action

Central Valley Pacific Islander Alliance

Children Now

Chinatown Community Development Center

Chinese Culture Foundation of San Francisco

Clinica Monseñor Oscar A. Romero

Coalition for Humane Immigrant Rights (CHIRLA)

Community Clinic Association of Los Angeles County (CCALAC)

Community Health Initiative of Orange County

Community Youth Center of San Francisco

Courage California

CPCA Advocates, Subsidiary of the California Primary Care Association

Disability Rights California

Diversity in Health Training Institute

Empowering Pacific Islander Communities (EPIC)

F.O.U. Movement

Hawaii Daughters Guild

Healthy Contra Costa

Healthy House Within a Match Coalition

Hmong Innovating Politics

Initiate Justice

Korean Community Center of the East Bay

Korean Community Services

Kutturan Chamoru Foundation

Latino Coalition for a Healthy California

Le Gafa

Little Tokyo Service Center

Marshallese Youth of Orange County Myoc

National Pacific Islander Education Network

Nicos Chinese Health Coalition

North East Medical Services (NEMS)

Northeast Valley Health Corporation

Nourish California

Oakland Asian Cultural Center

OC Action

Omid Multicultural Institute for Development

Orange County Asian and Pacific Islander Community Alliance, Inc. (OCAPICA)

Orange County Herald Center

Pacific Asian Counseling Services

Pacific Islander Collective San Diego

Pacific Islander Health Partnership

Racial and Ethnic Mental Health Disparities Coalition

Regional Pacific Islander Taskforce

Richmond Area Multi-Services, INC.

San Francisco Community Health Center

South Asian Network

Southeast Asia Resource Action Center

Southern California Pacific Islander Community Response Team (SOCAL PICRT)

The Black Alliance for Just Immigration

The Cambodian Family

The Children's Partnership

The Fresno Center

The Young S.A.M.O.A.

United Latino Voices of Contra Costa County

Vision Y Compromiso

Vital Access Care Foundation

Western Center on Law & Poverty

14 individuals

Opposition

None on file

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097