AB 91: State and local agencies: demographic data.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-10-06
Current Status:
Passed
(2025-10-06: Chaptered by Secretary of State - Chapter 357, Statutes of 2025.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would, commencing January 1, 2028, require state and local agencies, as defined, that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2029, and to make the aggregated data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would, commencing January 1, 2028, require state and local agencies, as defined, that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2029, and to make the aggregated data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would, commencing January 1, 2028, require state and local agencies, as defined, that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2029, and to make the aggregated data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would, commencing January 1, 2027, 2028, require state and local agencies agencies, as defined, that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2028, 2029, and to make the aggregated data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would, commencing January 1, 2027, require state and local agencies that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2028, and to make the aggregated data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would would, commencing January 1, 2027, require state and local agencies that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2027, 2028, and to make the aggregated data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would require state and local agencies that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2027, and to make the aggregated data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would require state and local agencies that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2027, and to make the aggregated data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires state agencies, boards, and commissions that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group and to include that data in every demographic report published on or after July 1, 2012, as specified.
This bill would require state and local agencies that collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified, and, with certain exceptions, to include that data in every demographic report published on or after January 1, 2027, and to make the data available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)This act shall be known, and may be cited, as the Middle Eastern and North African Inclusion Act (MENA Inclusion Act).
(b)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use the following separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages:
(1)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(2)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(3)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(c)Except as provided in subdivision (d), a state or local agency shall do both of the following with the data collected pursuant to subdivision (b):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2029.
(2)Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(d)(1)A state or local agency shall not disclose personal identifying information about any person whose demographic data is collected pursuant to this section. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available that would result in statistical unreliability.
(e)For purposes of this section:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)Personal identifying information has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(3)(A)State agency means a state agency, office, officer, department, division, bureau, board, or commission.
(B)State agency does not include the California State University or the University of California.
(f)This section shall become operative January 1, 2028.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Middle Eastern and North African Inclusion Act (MENA Inclusion Act).
(b)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use the following separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages:
(1)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(2)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(3)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(c)Except as provided in subdivision (d), a state or local agency shall do both of the following with the data collected pursuant to subdivision (b):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2029.
(2)Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(d)(1)A state or local agency shall not disclose personal identifying information about any person whose demographic data is collected pursuant to this section. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available that would result in statistical unreliability.
(e)For purposes of this section:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)Personal identifying information has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(3)(A)State agency means a state agency, office, officer, department, division, bureau, board, or commission.
(B)State agency does not include the California State University or the University of California.
(f)This section shall become operative January 1, 2028.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Middle Eastern and North African Inclusion Act (MENA Inclusion Act).
(b)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use the following separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows: languages:
(1)Commencing January 1, 2028, and until collection categories are subsequently updated pursuant to paragraph (2), a state or local agency shall use separate collection categories and tabulations for the following groups:(A)(1)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(B)(2)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(C)(3)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(2)Within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups.(c)Except as provided in subdivision (d), a state or local agency shall do both of the following with the data collected pursuant to subdivision (b):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2029.
(2)Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(d)(1)A state or local agency shall not disclose personal identifying information about any person whose demographic data is collected pursuant to this section. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available that would result in statistical unreliability.
(e)For purposes of this section:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)Personal identifying information has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(3)(A)State agency means a state agency, office, officer, department, division, bureau, board, or commission.
(B)State agency does not include the California State University or the University of California.
(f)This section shall become operative January 1, 2028.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Middle Eastern and North African Inclusion Act (MENA Inclusion Act).
(b)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows:
(1)Commencing January 1, 2027, 2028, and until collection categories are subsequently updated pursuant to paragraph (2), a state or local agency shall use separate collection categories and tabulations for the following groups:
(A)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(B)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(C)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(2)Within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups.
(c)Except as provided in subdivision (d), a state or local agency shall do both of the following with the data collected pursuant to subdivision (b):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2028. 2029.
(2)Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(d)(1)A state or local agency shall not disclose personal identifying information about any person whose demographic data is collected pursuant to this section. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available that would result in statistical unreliability.
(e)For purposes of this section:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)Personal identifying information has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(3)(A)State agency has the same meaning as defined in Section 11000 and includes the California State University. means a state agency, office, officer, department, division, bureau, board, or commission.
(B)State agency does not include the California State University or the University of California.
(f)The Legislature requests the University of California to comply with this section.SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Middle Eastern and North African Inclusion Act (MENA Inclusion Act).
(b)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows:
(1)Commencing January 1, 2027, and until collection categories are subsequently updated pursuant to paragraph (2), a state or local agency shall use separate collection categories and tabulations for the following groups:
(A)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(B)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(C)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(2)Within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups as reported by the census. groups.
(c)Except as provided in subdivision (d), a state or local agency shall do both of the following with the data collected pursuant to subdivision (b):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2028.
(2)Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(d)(1)A state or local agency shall not disclose personal identifying information about any person whose demographic data is collected pursuant to this section to the public. section. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available to the public that would result in statistical unreliability.
(e)For purposes of this section:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)Personal identifying information has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(3)State agency has the same meaning as defined in Section 11000 and includes the California State University.
(f)The Legislature requests the University of California to comply with this section.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Middle Eastern and North African Inclusion Act or the MENA Act. (MENA Inclusion Act).
(b)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows:
(1)Commencing January 1, 2026, 2027, and until collection categories are subsequently updated pursuant to paragraph (2), a state or local agency shall use separate collection categories and tabulations for the following groups:
(A)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(B)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(C)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(2)Within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups as reported by the census.
(c)Except as provided in subdivision (d), a state or local agency shall do both of the following with the data collected pursuant to subdivision (b):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2027. 2028.
(2)Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(d)(1)A state or local agency shall not disclose personal identifying information about any person whose demographic data is collected pursuant to this section to the public. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available to the public that would result in statistical unreliability.
(e)For purposes of this section, the following definitions apply: section:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)Personal identifying information has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(3)State agency has the same meaning as defined in Section 11000 and includes the California State University.
(f)The Legislature requests the University of California to comply with this section.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A This act shall be known, and may be cited, as the Middle Eastern and North African Act or the MENA Act.
(b)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows:
(1)Commencing January 1, 2026, and until collection categories are subsequently updated pursuant to paragraph (2), a state or local agency shall use separate collection categories and tabulations for the following groups:
(A)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(B)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(C)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(2)Within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups as reported by the census.
(b)(c)Except as provided in subdivision (c), (d), a state or local agency shall do both of the following with the data collected pursuant to subdivision (a): (b):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2027.
(2)Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(c)(d)(1)A state or local agency shall not disclose personal identifying information about any person whose demographic data is collected pursuant to this section to the public. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available to the public that would result in statistical unreliability.
(d)(e)For purposes of this section, the following definitions apply:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)Personal identifying information has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(3)State agency has the same meaning as defined in Section 11000 and includes the California State University.
(e)(f)The Legislature requests the University of California to comply with this section.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows:
(1)Commencing January 1, 2026, and until collection categories are subsequently updated pursuant to paragraph (2), a state or local agency shall use separate collection categories and tabulations for the following groups:
(A)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(B)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(C)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(2)Within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups as reported by the census.
(b)Except as provided in subdivision (c), a state or local agency shall do both of the following with the data collected pursuant to subdivision (a):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2027.
(2)Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(c)(1)A state or local agency shall not make data available to the public that would permit the identification of individuals. disclose personal identifying information about any person whose demographic data is collected pursuant to this section to the public. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available to the public that would result in statistical unreliability.
(d)For purposes of this section, the following definitions apply:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)Personal identifying information has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(2)(3)State agency has the same meaning as defined in Section 11000 and includes the California State University.
(e)The Legislature requests the University of California to comply with this section.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows:
(1)Commencing January 1, 2026, and until collection categories are subsequently updated pursuant to paragraph (2), a state or local agency shall use separate collection categories and tabulations for the following groups:
(A)A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
(B)A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
(C)A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
(2)Within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups as reported by the census.
(b)Except as provided in subdivision (c), a state or local agency shall do both of the following with the data collected pursuant to subdivision (a):
(1)Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2027.
(2)Make the data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
(c)(1)A state or local agency shall not make data available to the public that would permit the identification of individuals. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(2)A state or local agency shall not make data available to the public that would result in statistical unreliability.
(d)For purposes of this section, the following definitions apply:
(1)Local agency means a city, county, or city and county, whether general law or chartered.
(2)State agency has the same meaning as defined in Section 11000 and includes the California State University.
(e)The Legislature requests the University of California to comply with this section.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3.The Legislature finds and declares that Section 1 of this act adding Section 8310.4 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Oct 6, 2025 | Chaptered by Secretary of State - Chapter 357, Statutes of 2025. |
| Oct 6, 2025 | Approved by the Governor. |
| Sep 24, 2025 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 12, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3367.). |
| Sep 12, 2025 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 11, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2932.). |
| Sep 9, 2025 | Ordered to special consent calendar. |
| Sep 8, 2025 | Read second time. Ordered to third reading. |
| Sep 4, 2025 | Read third time and amended. Ordered to second reading. |
| Sep 2, 2025 | Read second time. Ordered to third reading. |
| Aug 29, 2025 | Read second time and amended. Ordered returned to second reading. |
| Aug 29, 2025 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 29). |
| Aug 18, 2025 | In committee: Referred to suspense file. |
| Jul 9, 2025 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (July 8). Re-referred to Com. on APPR. |
| Jun 24, 2025 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (June 24). Re-referred to Com. on JUD. |
| Jun 17, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O. |
| Jun 11, 2025 | Referred to Coms. on G.O. and JUD. |
| Jun 3, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1897.) |
| May 27, 2025 | Read second time. Ordered to third reading. |
| May 23, 2025 | Read second time and amended. Ordered returned to second reading. |
| May 23, 2025 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 23). |
| May 23, 2025 | Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.) |
| May 7, 2025 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 8, 2025 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 8). Re-referred to Com. on APPR. |
| Mar 24, 2025 | Re-referred to Com. on JUD. |
| Mar 24, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 20, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 18, 2025 | Re-referred to Com. on JUD. |
| Mar 17, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 10, 2025 | Referred to Com. on JUD. |
| Jan 7, 2025 | From printer. May be heard in committee February 6. |
| Jan 6, 2025 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 12, 2025 | AB 91 Harabedian Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 11, 2025 | Special Consent AB91 Harabedian et al. By Pérez | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 18, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 8, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 24, 2025 | Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar | Senate Standing Committee on Governmental Organization |
Passed |
|
| Jun 2, 2025 | AB 91 Harabedian Assembly Third Reading | Assembly Floor |
Passed |
|
| May 23, 2025 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2025 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Access California Services | ** Support | |
| Afghan-American Community Organization | ** Support | |
| Ahmad Zahra | ** Support | |
| Ahmad Zahra, Councilmember, City of Fullerton | ** Support | |
| American Arab Anti-Discrimination Committee | ** Support | |
| Arab American Anti-discrimination Committee | ** Support | |
| Arab American Association of New York | ** Support | |
| Arab American Civic Council | ** Support | |
| Arab American Engineers and Architects Association | ** Support | |
| Arab American Heritage Council | ** Support | |
| Arab Cultural and Community Center in the San Francisco Bay Are | ** Support | |
| Arab Culture and Community Center | ** Support | |
| Armenian National Committee of America - Western Region | ** Support | |
| Armenian-American Action Network | ** Support | |
| Arts Advocacy Coalition | ** Support | |
| Borderlands for Equity | ** Support | |
| California Community Foundation | ** Support | |
| California Pan-Ethnic Health Network | ** Support | |
| Carlos A. Leon, Councilmember, City of Anaheim | ** Support | |
| Catalyst California | ** Support | |
| Center on Policy Initiatives | ** Support | |
| Central Coast Alliance United for a Sustainable Economy | ** Support | |
| City and County of San Francisco, Immigrant Rights Commission | ** Support | |
| City of Albany | ** Support | |
| City Of Anaheim | ** Support | |
| City Of Bell | ** Support | |
| City Of Burbank | ** Support | |
| City of Fresno | ** Support | |
| City Of Fullerton | ** Support | |
| City Of Garden Grove | ** Support | |
| City of Glendale | ** Support | |
| City of Irvine | ** Support | |
| City of Santa Monica | ** Support | |
| Community Nexus | ** Support | |
| Council on American-Islamic Relations, California | ** Support | |
| County of Orange | ** Support | |
| Elmahaba Center | ** Support | |
| Garden Grove School Board Trustee – Walter Muneton | ** Support | |
| Gay and Lesbian Armenian Society | ** Support | |
| Global Hope 365 | ** Support | |
| Immigrants are Los Angeles | ** Support | |
| Imperial Valley Equity and Justice | ** Support | |
| iranian american bar association | ** Support | |
| Iranian American Democrats of California | ** Support | |
| JOEL ANDERSON | ** Support | |
| Joel Anderson, San Diego County Supervisor, District Two | ** Support | |
| Latino and Muslim Unity | ** Support | |
| Libyan American Alliance | ** Support | |
| Majdal Arab Community Center of San Diego | ** Support | |
| Malikah | ** Support | |
| MENA Arts Advocacy Coalition | ** Support | |
| MENAarts Newsletter | ** Support | |
| Muslim Leadership Council of San Diego | ** Support | |
| Muslim Public Affairs Council | ** Support | |
| National Arab American Medical Association | ** Support | |
| National Iranian American Council Action | ** Support | |
| National Network for Arab American Communities | ** Support | |
| Native Element | ** Support | |
| OMID Multicultural Institute for Development | ** Support | |
| Partnership for the Advancement of New Americans | ** Support | |
| Qazizada Multicultural Therapy Clinic | ** Support | |
| Sabil USA | ** Support | |
| San Diego API Coalition | ** Support | |
| San Diego County Superintendent Of Schools | ** Support | |
| Several individuals | ** Support | |
| Somali Family Service of San Diego | ** Support | |
| South Asian Network | ** Support | |
| Southeast Asia Resource Action Center | ** Support | |
| SOUTHERN CALIFORNIA ARMENIAN DEMOCRATS | ** Support | |
| Tunisian United Network | ** Support | |
| Yemeni Alliance Committee | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 91
Author:(Harabedian)
As Amended Ver:September 4, 2025
Majority vote
SUMMARY
Requires a state or local agency that collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups and disclose the aggregate data it collects; and prevents the state or local agency from disclosing personal identifying information about individuals whose demographic information is collected.
Major Provisions
- Commencing January 1, 2028, requires a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use the following separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
- Requires, except as provided in 3), a state or local agency to do both of the following with the data collected pursuant to the requirements above:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2029.
- Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
- Prohibits a state or local agency from disclosing or making available the following:
- Personal identifying information of individuals; and provides that the state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
- Data that would result in statistical unreliability.
- Provides that for purposes of the above provision, the following definitions apply:
- "Local agency" means a city, county, or city and county, whether general law or chartered.
- "Personal identifying information" has the same meaning as in subdivision (b) of Section 530.55 of the Penal Code.
- "State agency" means a state agency, office, officer, department, division, bureau, board, or commission. "State agency" does not include the California State University or the University of California.
- Makes the following legislative finding to justify the limitation in 3) on the public's right of access to the records and meetings of public entities:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
- Names the bill The Middle Eastern and North African (MENA) Inclusion Act.
Senate Amendments
- Delay by one year the deadlines for information to be collected and reported by state agencies.
- Modify the definition of "state agency" to, among other things, exclude the California State University or the University of California.
COMMENTS
This bill, named the Middle Eastern and North African (MENA) Inclusion Act, requires that starting January 1, 2027, state agencies, boards, and commissions in California that collect demographic data on ancestry or ethnic origin must collect demographic information about MENA groups and to report such information in any report published on or after January 1, 2028.
Recent revisions to federal standards on collecting data for the 2030 U.S. Census. When the next federal census is conducted in 2030, there will be new federal standards on collecting race and ethnicity data. For the first time, Americans who trace their ancestral roots to MENA will have their own category on the decennial survey.
Public records and existing restrictions on the disclosure of personal identifying information. Under the California Public Records Act (CPRA), public records are open to inspection at all times during the office hours of a public agency for inspection by the public, and subject to disclosure upon request, unless exempted. (Government Code Section 7922.525.) An exemption can be explicit in the CPRA itself, pursuant to another law, or justified by the agency's determination that, based on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (See Government Code Sections 7922.000, 7922.525, 7922.530.)
One common exemption is for "personal identifying information" (PII) within the records of a public agency; the information, but not the record itself, is confidential and therefore exempt from disclosure. Existing law makes PII within an agency's records about the demographics of the individuals the agency serves, confidential. For example, Government Code Section 8310.5 requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified demographic groups. (Government Code Section 8310.5(a).) The data "shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential." (Id., at (b).)
This bill has three main provisions. First, it requires that state and local agencies collect new types of demographic data. This requirement is broken down into two phases. First, commencing January 1, 2028, a state or local agency must use separate collection categories and tabulations to collect demographic information for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
Second, the bill requires, except as specified, that a state or local agency do both of the following with the data it collects:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2029.
- Make the data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
Finally, the bill prohibits a state or local agency from disclosing certain data to the public; specifically, a state or local agency is prohibited from disclosing data that is either of the following:
- "Personal identifying information" of individuals;
- Data that would result in statistical unreliability.
According to the Author
AB 91 seeks to ensure accurate demographic representation for individuals who identify as Middle Eastern and North African (MENA) by requiring the inclusion of a MENA category in demographic data collection. . . . By establishing a MENA category in demographic data collection, AB 91 . . . provid[es] policymakers, researchers, and service providers with accurate data to assess and respond to the specific needs of this community. Disaggregating MENA data from the white category will enhance the state's ability to identify inequities in key areas such as healthcare, education, employment, and economic opportunity allowing for the development of more inclusive policies, equitable resource allocation, and improved outcomes for MENA individuals. By ensuring proper representation in demographic data, AB 91 affirms the distinct identity and lived realities of the MENA community and takes a crucial step toward addressing long-standing inequities in public policy and social services.
Arguments in Support
The City and County of San Francisco, Immigrant Rights Commission writes the following in support of the bill:
MENA communities play a vital role in the cultural, economic, and social fabric of California. Yet, the lack of accurate data collection has often left these communities underrepresented in policy decisions and underserved in resource allocation. AB-91 offers an opportunity to address these gaps and ensure that MENA individuals and families receive the recognition, resources, and support they deserve.
Similarly, the City of Glendale explains its support for the bill as follows:
Data drives policy and funding, and the omission of the Armenian community from demographic records has resulted in lost opportunities for essential services. Armenian American small businesses have been denied access to funding and protections available to other minority groups under the Small Business Act. Additionally, incidents of hate crimes and discrimination against Armenian Americans remain underreported and insufficiently addressed due to the lack of precise demographic data.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee, unknown potentially significant one-time costs, totaling in the millions of dollars, for state agencies to update demographic data collection policies and to collect and report on this data (General Fund and various special funds). Actual costs to each impacted agency or department will depend on, among other things, the extent they may absorb this workload or other IT expenses within existing resources.
Additionally, unknown potentially significant reimbursable mandate costs for local agencies to update their demographic data collection policies (General Fund). Actual costs to local agencies will depend on, among other things, the extent they are already collecting and tracking this information, and if they would need any IT resources to use separate collection categories for MENA groups. To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
VOTES:
ASM JUDICIARY: 12-0-0
YES: Kalra, Dixon, Wicks, Bryan, Connolly, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur, Tangipa
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa
ASSEMBLY FLOOR: 79-0-0
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
UPDATED
VERSION: September 4, 2025
CONSULTANT: Alison Merrilees / JUD. / (916) 319-2334 FN: 0001792
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 91 |
THIRD READING
Bill No: AB 91
Author: Harabedian (D), et al.
Amended: 9/4/25 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 15-0, 6/24/25
AYES: Padilla, Archuleta, Ashby, Blakespear, Cervantes, Choi, Dahle, Hurtado, Jones, Ochoa Bogh, Richardson, Rubio, Smallwood-Cuevas, Wahab, Weber Pierson
SENATE JUDICIARY COMMITTEE: 13-0, 7/8/25
AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 79-0, 6/2/25 - See last page for vote
SUBJECT: State and local agencies: demographic data
SOURCE: Author
DIGEST:
This bill requires a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified.
Senate Floor Amendments of 9/4/25 delete the requirement that a state or local agency, within 18 months following the release of a decennial census update its collection categories and tabulations to reflect the major Middle Eastern and North African groups.
ANALYSIS:
Existing law:
- Requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian Groups and Pacific Islander groups.
- Requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases.
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups.
- Requires the California Department of Corrections to publish its monthly demographic data in a manner disaggregated by race and ethnicity, as specified.
- Requires that a statute that limits the right to access to meetings of public bodies or the writing of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill:
- Requires, beginning on January 1, 2028, a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups in a provided form that offers respondents the option of selecting one or more ethnic or racial designation or languages as follows:
- Amajor Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iragi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
- Amajor Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iragi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- Requires a state or local agency to do both of the following with the data collected:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the State or local agency that is published on or after January 1, 2029.
- Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
- Prohibits a state or local agency from disclosing personal identifying information about any person whose demographic data is collected pursuant to this bill. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
- Provides that a state or local agency shall not make data available that would result in statistical unreliability.
- Provides that the Legislature requests the University of California comply with the provisions of this bill.
Background
Author Statement. According to the author’s office, “AB 91 ensures accurate representation of Middle Eastern and North African (MENA) individuals by requiring a distinct MENA category in demographic data collection. Currently classified as white, MENA individuals are misrepresented – masking the unique challenges they face and limiting access to targeted resources and support. By disaggregating MENA data, AB 91 equips policymakers, researchers, and service providers with the tools to identify disparities in areas like healthcare, education, and employment. This bill affirms the MENA community’s distinct identity and supports more equitable policies and outcomes.”
Existing Data Collection for State Agencies. Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following:
- Each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian.
- Each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan.
In addition to the aforementioned requirement, both the Department of Industrial Relations and the Department of Fair Employment and Housing are required to collect and tabulate data for the following:
- Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
- Additional major Native Hawaiian and other Pacific Islander.
This bill requires a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups in a provided form that offers respondents the option of selecting one or more ethnic or racial designation, as specified.
Upcoming Changes to 2030 Census. The 2030 Census will include major changes in how data is collected for people of MENA descent. For the first time, the census will feature a distinct “Middle Eastern or North African” checkbox on the race and ethnicity question. Previously, individuals from these backgrounds were categorized as “White,” often obscuring their unique needs and experiences. In addition, the 2030 Census will use a combined race and ethnicity question—rather than two separate ones—allowing people to select multiple identities that reflect their background more accurately.
This change stems from updated federal standards issued by the Office of Management and Budget (OMB) in March 2024, which require all federal agencies to adopt the new format. Agencies must not only include the broader category, but also collect detailed subgroup information, such as Lebanese, Iranian, or Egyptian origin. These updates aim to improve visibility for the more than 3.5 million Americans with MENA heritage, helping ensure fair access to government programs, civil rights protections, and funding decisions.
The Census Bureau is currently testing the new question formats and conducting outreach to educate the public on how to respond. Agencies have up to five years to fully implement the changes. This marks a significant step toward more inclusive and accurate representation of America’s increasingly diverse population.
Data Disaggregation. Disaggregation of data refers to the breaking down of information into smaller units or variables for the purpose of gaining a deeper understanding of trends and patterns. Proponents of data disaggregation argue that when data is disaggregated, it provides a “full picture” and enhances the understanding of a situation. In addition, proponents argue that policymakers are better equipped to understand the challenges and issues of particular communities and thus better able to respond to those challenges.
The importance of disaggregated data can span multiple sectors. In education, it can reveal achievement gaps between different student demographics. In public health, it helps tailor interventions for communities disproportionately affected by diseases or lacking access to care. In environmental justice, it can pinpoint which neighborhoods face the highest exposure to pollution or climate risks. Disaggregated data also enhances accountability and supports the development of policies that are responsive to the unique needs of diverse populations.
Related/Prior Legislation
SB 435 (Gonzalez, 2024) would have required the State Department of Social Services, 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. (Vetoed by Governor Newsom)
AB 943 (Kalra, Chapter 459, Statutes of 2023) required the California Department of Corrections to publish its monthly demographic data in a manner disaggregated by race and ethnicity, as specified.
AB 2089 (Holden, 2024) would have required a city or county to include additional tabulations for Black or African American groups when collecting demographic data about its employees, as specified. (Held in the Assembly Appropriations Committee Suspense File)
AB 2763 (Essayli, 2024) would have required a state agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of California to use separate collections for the Middle Eastern and North African group, as specified. (Held in the Assembly Appropriations Committee Suspense File)
H.R. 30 (Essayli, 2024) encouraged the federal Office of Management and Budget to include “Middle Eastern or North African” ancestry as a response option on all federal forms collecting demographic information.
AB 1358 (Muratsuchi, 2021) would have expanded the requirements on certain state agencies to collect disaggregated ethnicity data and standardize the collection and tabulation of demographic information by local health officers and health care providers. (Held in the Senate Appropriations Committee Suspense File)
AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific islander Communities in California.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, unknown potentially significant one-time costs, totaling in the millions of dollars, for state agencies to update demographic data collection policies and to collect and report on this data (General Fund and various special funds). Actual costs to each impacted agency or department will depend on, among other things, the extent they may absorb this workload or other IT expenses within existing resources.
Additionally, unknown potentially significant reimbursable mandate costs for local agencies to update their demographic data collection policies (General Fund). Actual costs to local agencies will depend on, among other things, the extent they are already collecting and tracking this information, and if they would need any IT resources to use separate collection categories for MENA groups. To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
SUPPORT: (Verified 9/4/25)
Joel Anderson, San Diego County Supervisor, District Two
Access California Services
Afghan-American Community Organization
Ahmad Zahra, Councilmember, City of Fullerton
Arab American Anti-discrimination Committee
Arab American Association of New York
Arab American Civic Council
Arab American Heritage Council
Arab Culture and Community Center
Arab Cultural and Community Center in the San Francisco Bay Are
Arab American Engineers and Architects Association
Arts Advocacy Coalition
American Arab Anti-Discrimination Committee
Armenian National Committee of America - Western Region
Armenian-American Action Network
Borderlands for Equity
California Community Foundation
California Pan-Ethnic Health Network
Catalyst California
Center on Policy Initiatives
Central Coast Alliance United for a Sustainable Economy
City and County of San Francisco
City of Albany
City of Anaheim
City of Bell
City of Burbank
City of Fresno
City of Fullerton
City of Garden Grove
City of Glendale
City of Irvine
City of Santa Monica
Community Nexus
Council on American-Islamic Relations, California
County of Orange
Elmahaba Center
Garden Grove School Board Trustee – Walter Muneton
Gay and Lesbian Armenian Society
Global Hope 365
Immigrants are Los Angeles
Imperial Valley Equity and Justice
Iranian American Bar Association
Iranian American Democrats of California
Latino and Muslim Unity
Libyan American Alliance
Malikah
Majdal Arab Community Center of San Diego
MENAarts Newsletter
MENA Arts Advocacy Coalition
Muslim Leadership Council of San Diego
Muslim Public Affairs Council
National Arab American Medical Association
National Iranian American Council Action
National Network for Arab American Communities
Native Element
OMID Multicultural Institute for Development
Partnership for the Advancement of New Americans
Qazizada Multicultural Therapy Clinic
Sabil USA
San Diego API Coalition
San Diego County of Superintendent of Schools
Somali Family Service of San Diego
South Asian Network
Southeast Asia Resource Action Center
Southern California Armenian Democrats
Tunisian United Network
Yemeni Alliance Committee
OPPOSITION: (Verified 9/4/25)
None received
ARGUMENTS IN SUPPORT: Supporters of this bill argue that, “AB 91 will enhance government efficiency and reduce waste by correcting the current misclassification of over 950,000 MENA Californians, who are currently categorized as ‘White,’ ‘Asian,’ ‘Black,’ or ‘other.’ This misclassification distorts demographic data, hinders effective service delivery, and inflates the population counts of other racial and ethnic groups, ultimately impairing California’s ability to accurately distribute resources and evaluate needs across all communities in an equitable manner. More precise data leads to effective policies and tailored interventions. This increase in both efficiency and accuracy supports community resilience and reduces wasteful spending.
ASSEMBLY FLOOR: 79-0, 6/2/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
9/8/25 21:05:58
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 91 |
THIRD READING
Bill No: AB 91
Author: Harabedian (D), et al.
Amended: 8/29/25 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 15-0, 6/24/25
AYES: Padilla, Archuleta, Ashby, Blakespear, Cervantes, Choi, Dahle, Hurtado, Jones, Ochoa Bogh, Richardson, Rubio, Smallwood-Cuevas, Wahab, Weber Pierson
SENATE JUDICIARY COMMITTEE: 13-0, 7/8/25
AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 79-0, 6/2/25 - See last page for vote
SUBJECT: State and local agencies: demographic data
SOURCE: Author
DIGEST: This bill requires a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified.
ANALYSIS:
Existing law:
- Requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian Groups and Pacific Islander groups.
- Requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases.
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups.
- Requires the California Department of Corrections to publish its monthly demographic data in a manner disaggregated by race and ethnicity, as specified.
- Requires that a statute that limits the right to access to meetings of public bodies or the writing of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill:
- Requires a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups in a provided form that offers respondents the option of selecting one or more ethnic or racial designation or languages as follows:
- Commencing January 1, 2028, an until collection categories are updated, a state or local agency shall use separate collection categories and tabulations for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iragi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
- Commencing January 1, 2028, an until collection categories are updated, a state or local agency shall use separate collection categories and tabulations for the following groups:
- Requires a state or local agency, within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency to update its collection categories and tabulations to reflect the major Middle Eastern and North African groups.
- Requires a state or local agency to do both of the following with the data collected:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the State or local agency that is published on or after January 1, 2029.
- Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
- Prohibits a state or local agency from disclosing personal identifying information about any person whose demographic data is collected pursuant to this bill. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
- Provides that a state or local agency shall not make data available that would result in statistical unreliability.
- Provides that the Legislature requests the University of California comply with the provisions of this bill.
Background
Author Statement. According to the author’s office, “AB 91 ensures accurate representation of Middle Eastern and North African (MENA) individuals by requiring a distinct MENA category in demographic data collection. Currently classified as white, MENA individuals are misrepresented – masking the unique challenges they face and limiting access to targeted resources and support. By disaggregating MENA data, AB 91 equips policymakers, researchers, and service providers with the tools to identify disparities in areas like healthcare, education, and employment. This bill affirms the MENA community’s distinct identity and supports more equitable policies and outcomes.”
Existing Data Collection for State Agencies. Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following:
- Each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian.
- Each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan.
In addition to the aforementioned requirement, both the Department of Industrial Relations and the Department of Fair Employment and Housing are required to collect and tabulate data for the following:
- Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
- Additional major Native Hawaiian and other Pacific Islander.
This bill requires a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups in a provided form that offers respondents the option of selecting one or more ethnic or racial designation, as specified.
Upcoming Changes to 2030 Census. The 2030 Census will include major changes in how data is collected for people of MENA descent. For the first time, the census will feature a distinct “Middle Eastern or North African” checkbox on the race and ethnicity question. Previously, individuals from these backgrounds were categorized as “White,” often obscuring their unique needs and experiences. In addition, the 2030 Census will use a combined race and ethnicity question—rather than two separate ones—allowing people to select multiple identities that reflect their background more accurately.
This change stems from updated federal standards issued by the Office of Management and Budget (OMB) in March 2024, which require all federal agencies to adopt the new format. Agencies must not only include the broader category, but also collect detailed subgroup information, such as Lebanese, Iranian, or Egyptian origin. These updates aim to improve visibility for the more than 3.5 million Americans with MENA heritage, helping ensure fair access to government programs, civil rights protections, and funding decisions.
The Census Bureau is currently testing the new question formats and conducting outreach to educate the public on how to respond. Agencies have up to five years to fully implement the changes. This marks a significant step toward more inclusive and accurate representation of America’s increasingly diverse population.
Data Disaggregation. Disaggregation of data refers to the breaking down of information into smaller units or variables for the purpose of gaining a deeper understanding of trends and patterns. Proponents of data disaggregation argue that when data is disaggregated, it provides a “full picture” and enhances the understanding of a situation. In addition, proponents argue that policymakers are better equipped to understand the challenges and issues of particular communities and thus better able to respond to those challenges.
The importance of disaggregated data can span multiple sectors. In education, it can reveal achievement gaps between different student demographics. In public health, it helps tailor interventions for communities disproportionately affected by diseases or lacking access to care. In environmental justice, it can pinpoint which neighborhoods face the highest exposure to pollution or climate risks. Disaggregated data also enhances accountability and supports the development of policies that are responsive to the unique needs of diverse populations.
Related/Prior Legislation
SB 435 (Gonzalez, 2024) would have required the State Department of Social Services, 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. (Vetoed by Governor Newsom)
AB 943 (Kalra, Chapter 459, Statutes of 2023) requires the California Department of Corrections to publish its monthly demographic data in a manner disaggregated by race and ethnicity, as specified.
AB 2089 (Holden, 2024) would have required a city or county to include additional tabulations for Black or African American groups when collecting demographic data about its employees, as specified. (Held in the Assembly Appropriations Committee Suspense File)
AB 2763 (Essayli, 2024) would have required a state agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of California to use separate collections for the Middle Eastern and North African group, as specified. (Held in the Assembly Appropriations Committee Suspense File)
H.R. 30 (Essayli, 2024) encouraged the federal Office of Management and Budget to include “Middle Eastern or North African” ancestry as a response option on all federal forms collecting demographic information.
AB 1358 (Muratsuchi, 2021) would have expanded the requirements on certain state agencies to collect disaggregated ethnicity data and standardize the collection and tabulation of demographic information by local health officers and health care providers. (Held in the Senate Appropriations Committee Suspense File)
AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific islander Communities in California.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, unknown potentially significant one-time costs, totaling in the millions of dollars, for state agencies to update demographic data collection policies and to collect and report on this data (General Fund and various special funds). Actual costs to each impacted agency or department will depend on, among other things, the extent they may absorb this workload or other IT expenses within existing resources.
Additionally, unknown potentially significant reimbursable mandate costs for local agencies to update their demographic data collection policies (General Fund). Actual costs to local agencies will depend on, among other things, the extent they are already collecting and tracking this information, and if they would need any IT resources to use separate collection categories for MENA groups. To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
SUPPORT: (Verified 8/28/25)
Joel Anderson, San Diego County Supervisor, District Two
Access California Services
Afghan-American Community Organization
Ahmad Zahra, Councilmember, City of Fullerton
Arab American Anti-discrimination Committee
Arab American Association of New York
Arab American Civic Council
Arab American Heritage Council
Arab Culture and Community Center
Arab Cultural and Community Center in the San Francisco Bay Are
Arab American Engineers and Architects Association
Arts Advocacy Coalition
American Arab Anti-Discrimination Committee
Armenian National Committee of America - Western Region
Armenian-American Action Network
Borderlands for Equity
California Community Foundation
California Pan-Ethnic Health Network
Catalyst California
Center on Policy Initiatives
Central Coast Alliance United for a Sustainable Economy
City and County of San Francisco
City of Albany
City of Anaheim
City of Bell
City of Burbank
City of Fresno
City of Fullerton
City of Garden Grove
City of Glendale
City of Irvine
City of Santa Monica
Community Nexus
Council on American-Islamic Relations, California
County of Orange
Elmahaba Center
Garden Grove School Board Trustee – Walter Muneton
Gay and Lesbian Armenian Society
Global Hope 365
Immigrants are Los Angeles
Imperial Valley Equity and Justice
Iranian American Bar Association
Iranian American Democrats of California
Latino and Muslim Unity
Libyan American Alliance
Malikah
Majdal Arab Community Center of San Diego
MENAarts Newsletter
MENA Arts Advocacy Coalition
Muslim Leadership Council of San Diego
Muslim Public Affairs Council
National Arab American Medical Association
National Iranian American Council Action
National Network for Arab American Communities
Native Element
OMID Multicultural Institute for Development
Partnership for the Advancement of New Americans
Qazizada Multicultural Therapy Clinic
Sabil USA
San Diego API Coalition
San Diego County of Superintendent of Schools
Somali Family Service of San Diego
South Asian Network
Southeast Asia Resource Action Center
Southern California Armenian Democrats
Tunisian United Network
Yemeni Alliance Committee
OPPOSITION: (Verified 8/28/25)
None received
ARGUMENTS IN SUPPORT: Supporters of this bill argue that, “AB 91 will enhance government efficiency and reduce waste by correcting the current misclassification of over 950,000 MENA Californians, who are currently categorized as ‘White,’ ‘Asian,’ ‘Black,’ or ‘other.’ This misclassification distorts demographic data, hinders effective service delivery, and inflates the population counts of other racial and ethnic groups, ultimately impairing California’s ability to accurately distribute resources and evaluate needs across all communities in an equitable manner. More precise data leads to effective policies and tailored interventions. This increase in both efficiency and accuracy supports community resilience and reduces wasteful spending.
ASSEMBLY FLOOR: 79-0, 6/2/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
Prepared by: Brian Duke / G.O. / (916) 651-1530
9/2/25 17:49:59
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 91 (Harabedian) - State and local agencies: demographic data
Version: June 17, 2025 | Policy Vote: G.O. 15 - 0, JUD. 13 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 29, 2025 | Consultant: Janelle Miyashiro |
Bill Summary:
AB 91 requires state and local agencies that collect demographic data on Californians to use separate collection categories and tabulations for major Eastern and North African (MENA) groups in any provided form that offers respondents the options of selecting one or more ethnic or racial designations or languages, as specified.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 29, 2025
Fiscal Impact:
- Unknown potentially significant one-time costs, totaling in the millions of dollars, for state agencies to update demographic data collection policies and to collect and report on this data (General Fund and various special funds). Actual costs to each impacted agency or department will depend on, among other things, the extent they may absorb this workload or other IT expenses within existing resources.
- Unknown potentially significant reimbursable mandate costs for local agencies to update their demographic data collection policies (General Fund). Actual costs to local agencies will depend on, among other things, the extent they are already collecting and tracking this information, and if they would need any IT resources to use separate collection categories for MENA groups. To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
Author Amendments:
- Further delay implementation by one year, from January 1, 2027 to January 1, 2028, and make conforming changes for data reporting.
- Specify the bill does not apply to the California State University or the University of California.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 91 (Harabedian) - State and local agencies: demographic data
Version: June 17, 2025 | Policy Vote: G.O. 15 - 0, JUD. 13 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 18, 2025 | Consultant: Janelle Miyashiro |
Bill Summary:
AB 91 requires state and local agencies that collect demographic data on Californians to use separate collection categories and tabulations for major Eastern and North African (MENA) groups in any provided form that offers respondents the options of selecting one or more ethnic or racial designations or languages, as specified.
Fiscal Impact:
- Unknown significant costs, ranging in the millions of dollars, for state agencies to update demographic data collection policies and to collect and report on this data (General Fund and various special funds). Actual costs to each impacted agency or department will depend on, among other things, the extent they may absorb this workload or other IT expenses within existing resources. See Staff Comments for additional detail.
- Unknown potentially significant reimbursable mandate costs for local agencies to update their demographic data collection policies (General Fund). Actual costs to local agencies will depend on, among other things, the extent they are already collecting and tracking this information, and if they would need any IT resources to use separate collection categories for MENA groups. To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
Background:
The 2030 Census will include major changes in how data is collected for people of MENA descent. For the first time, the census will feature a distinct “Middle Eastern or North African” checkbox on the race and ethnicity question. Currently, individuals from these backgrounds are categorized as “White,” often obscuring their unique needs and experiences. In addition, the 2030 Census will use a combined race and ethnicity question—rather than two separate ones—allowing people to select multiple identities that reflect their background more accurately.
This change stems from updated federal standards issued by the Office of Management and Budget in March 2024, which require all federal agencies to adopt the new format. Agencies must not only include the broader category, but also collect detailed subgroup information, such as Lebanese, Iranian, or Egyptian origin. These updates aim to improve visibility for the more than 3.5 million Americans with MENA heritage, helping ensure fair access to government programs, civil rights protections, and funding decisions.
Proposed Law:
- Establishes the MENA Inclusion Act (Act).
- Requires a state or local agency that directly or by contract collects demographic data on the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major MENA groups in any provided form that offers respondents the options of selecting one or more ethnic or racial designations or languages as follows:
- Beginning January 1, 2027 and until collection categories are updated pursuant to the Act, requires a state or local agency to use separate collection categories and tabulations for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
- Within 18 months following the release of a decennial census by the United States Census Bureau, requires a state or local agency to update its collection categories and tabulations to reflect the major MENA groups.
- Beginning January 1, 2027 and until collection categories are updated pursuant to the Act, requires a state or local agency to use separate collection categories and tabulations for the following groups:
- Requires a state or local agency to include data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2028 and make the aggregated data available to the public in accordance with state and federal law.
- Prohibits a state or local agency from disclosing personal identifying information about any person whose demographic data is collected pursuant to the Act, and from making data available that would result in statistical unreliability.
- Requests the University of California to comply with the Act.
Staff Comments:
While the total fiscal impact of the bill is unknown at this time, it will be significant and will likely total in the millions of dollars. While not all state agencies would require the same level of resources, costs are anticipated to be generally significant for impacted entities. For context, below is a sample of various state entities and their reported fiscal impacts.
- The Department of Health Care Services (DHCS) reports a total initial fiscal impact of approximately $6.86 million for Fiscal Year (FY) 2026-27 for system development. DHCS notes ongoing costs of approximately $1.67 million in FY 2027-28 and 2028-29, and $1.32 million in FY 2029-30 and annually thereafter (General Fund and federal funds).
- The Governor’s Office of Business and Economic Development reports costs of approximately $100,000 one-time for software and $504,000 ongoing to update and maintain databases used to track demographic information (General Fund).
- The California Department of Food and Agriculture reports total costs of approximately $173,000 in the first year and $123,000 annually ongoing to make initial modifications for and perform maintenance on its grant administration system, as well as aggregate, report, and publish the required data (General Fund).
- The California Community Colleges Chancellor’s Office reports one-time costs between $10,000 and $25,000 to update various dashboards to display data at the required level of detail (General Fund).
- The Department of General Services reports unknown ongoing costs ranging in the tens of thousands of dollars to update forms, training materials, and the State Contracting Manual and the State Administrative Manual (General Fund).
- The California Department of Insurance reports costs of approximately $17,000 in FY 2025-26 and $38,000 in FY 2026-27 (Insurance Fund).
- The Department of Consumer Affairs reports costs to its Office of Information Services of approximately $10,000, which may be absorbable within existing resources (various funds).
- The California Department of Technology, the Department of Justice, the Department of Real Estate, the Government Operations Agency, and Office of Data Innovation anticipate any costs to be minor and absorbable.
- Other surveyed state agencies, such as the Department of Alcoholic Beverage Control and the California State Library, do not collect demographic data and would not be required to comply with the mandates of this bill.
Staff notes that many of the impacted agencies are special funded and generally do not receive General Fund support. This bill will likely create significant new cost pressures that impact these entities’ operating costs and may necessitate or accelerate the need for future regulatory or license fee increases. To the extent impacted special fund agencies cannot absorb costs to comply with the mandates of this bill, there will be General Fund cost pressures.
Additionally, given current priorities and existing capabilities and resources, several state agencies expressed concerns that they would not be able to meet the mandates of this bill in the timeline established.
-- END --
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Steve Padilla
Chair
2025 - 2026 Regular
Bill No: AB Hearing Date: 6/24/2025
Author: | Harabedian, et al. | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | Felipe Lopez | ||
SUBJECT:
DIGEST: This bill requires a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups, as specified.
ANALYSIS:
Existing law:
- Requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian Groups and Pacific Islander groups.
- Requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases.
- Requires the Department of Industrial Relations (DIR) and the Department of Fair Employment and Housing (DFEH) to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups.
- Requires the California Department of Corrections to publish its monthly demographic data in a manner disaggregated by race and ethnicity, as specified.
- Requires that a statute that limits the right to access to meetings of public bodies or the writing of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill:
- Requires a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups in a provided form that offers respondents the option of selecting one or more ethnic or racial designation or languages as follows:
- Commencing January 1, 2027, an until collection categories are updated, a state or local agency shall use separate collection categories and tabulations for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iragi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
- Commencing January 1, 2027, an until collection categories are updated, a state or local agency shall use separate collection categories and tabulations for the following groups:
- Requires a state or local agency, within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency to update its collection categories and tabulations to reflect the major Middle Eastern and North African groups.
- Requires a state or local agency to do both of the following with the data collected:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the State or local agency that is published on or after January 1, 2028.
- Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
- Prohibits a state or local agency from disclosing personal identifying information about any person whose demographic data is collected pursuant to this bill. The state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
- Provides that a state or local agency shall not make data available that would result in statistical unreliability.
Background
Author Statement. According to the author’s office, “AB 91 ensures accurate representation of Middle Eastern and North African (MENA) individuals by requiring a distinct MENA category in demographic data collection. Currently classified as white, MENA individuals are misrepresented – masking the unique challenges they face and limiting access to targeted resources and support. By disaggregating MENA data, AB 91 equips policymakers, researchers, and service providers with the tools to identify disparities in areas like healthcare, education, and employment. This bill affirms the MENA community’s distinct identity and supports more equitable policies and outcomes.”
Existing Data Collection for State Agencies. Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following:
- Each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian.
- Each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan.
In addition to the aforementioned requirement, both the Department of Industrial Relations and the Department of Fair Employment and Housing are required to collect and tabulate data for the following:
- Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
- Additional major Native Hawaiian and other Pacific Islander.
This bill would require a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups in a provided form that offers respondents the option of selecting one or more ethnic or racial designation, as specified.
Upcoming Changes to 2030 Census. The 2030 Census will include major changes in how data is collected for people of MENA descent. For the first time, the census will feature a distinct “Middle Eastern or North African” checkbox on the race and ethnicity question. Previously, individuals from these backgrounds were categorized as “White,” often obscuring their unique needs and experiences. In addition, the 2030 Census will use a combined race and ethnicity question—rather than two separate ones—allowing people to select multiple identities that reflect their background more accurately.
This change stems from updated federal standards issued by the Office of Management and Budget (OMB) in March 2024, which require all federal agencies to adopt the new format. Agencies must not only include the broader category, but also collect detailed subgroup information, such as Lebanese, Iranian, or Egyptian origin. These updates aim to improve visibility for the more than 3.5 million Americans with MENA heritage, helping ensure fair access to government programs, civil rights protections, and funding decisions.
The Census Bureau is currently testing the new question formats and conducting outreach to educate the public on how to respond. Agencies have up to five years to fully implement the changes. This marks a significant step toward more inclusive and accurate representation of America’s increasingly diverse population.
Data Disaggregation. Disaggregation of data refers to the breaking down of information into smaller units or variables for the purpose of gaining a deeper understanding of trends and patterns. Proponents of data disaggregation argue that when data is disaggregated, it provides a “full picture” and enhances the understanding of a situation. In addition, proponents argue that policymakers are better equipped to understand the challenges and issues of particular communities and thus better able to respond to those challenges.
The importance of disaggregated data can span multiple sectors. In education, it can reveal achievement gaps between different student demographics. In public health, it helps tailor interventions for communities disproportionately affected by diseases or lacking access to care. In environmental justice, it can pinpoint which neighborhoods face the highest exposure to pollution or climate risks. Disaggregated data also enhances accountability and supports the development of policies that are responsive to the unique needs of diverse populations.
Prior/Related Legislation
SB 435 (Gonzalez, 2024) would have required the State Department of Social Services, 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. (Vetoed by Governor Newsom)
AB 943 (Kalra, Chapter 459, Statutes of 2023) requires the California Department of Corrections to publish its monthly demographic data in a manner disaggregated by race and ethnicity, as specified.
AB 2089 (Holden, 2024) would have required a city or county to include additional tabulations for Black or African American groups when collecting demographic data about its employees, as specified. (Held in the Assembly Appropriations Committee Suspense File)
AB 2763 (Essayli, 2024) would have required a state agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of California to use separate collections for the Middle Eastern and North African group, as specified. (Held in the Assembly Appropriations Committee Suspense File)
H.R. 30 (Essayli, 2024) encouraged the federal Office of Management and Budget to include “Middle Eastern or North African” ancestry as a response option on all federal forms collecting demographic information.
AB 1358 (Muratsuchi, 2021) would have expanded the requirements on certain state agencies to collect disaggregated ethnicity data and standardize the collection and tabulation of demographic information by local health officers and health care providers. (Held in the Senate Appropriations Committee Suspense File)
AB 1726 (Bonta, Chapter 607, Statutes of 2016) requires the Department of Public Health to collect demographic data related to each major Asian and Pacific Islander Group, as specified.
AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific islander Communities in California.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT:
Access California Services
Arab American Anti-discrimination Committee
Arab American Civic Council
Arab American Heritage Council
Arab Culture and Community Center
Arab Cultural and Community Center in the San Francisco Bay Are
Arab American Engineers and Architects Association
American Arab Anti-Discrimination Committee
Armenian National Committee of America - Western Region
Armenian-American Action Network
Borderlands for Equity
California Pan-Ethnic Health Network
Catalyst California
City and County of San Francisco
City of Albany
City of Anaheim
City of Fullerton
City of Garden Grove
City of Glendale
City of Santa Monica
Community Nexus
Council on American-Islamic Relations, California
County of Orange
Garden Grove School Board Trustee – Walter Muneton
Global Hope 365
Immigrants are Los Angeles
Latino and Muslim Unity
Majdal Arab Community Center of San Diego
MENAarts Newsletter
MENA Arts Advocacy Coalition
National Iranian American Council Action
National Network for Arab American Communities
Native Element
OMID Multicultural Institute for Development
Qazizada Multicultural Therapy Clinic
Sabil USA
San Diego API Coalition
Somali Family Service of San Diego
South Asian Network
Southeast Asia Resource Action Center
Southern California Armenian Democrats
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: Supporters of the bill argue that, “AB 91 will enhance government efficiency and reduce waste by correcting the current misclassification of over 950,000 MENA Californians, who are currently categorized as ‘White,’ ‘Asian,’ ‘Black,’ or ‘other.’ This misclassification distorts demographic data, hinders effective service delivery, and inflates the population counts of other racial and ethnic groups, ultimately impairing California’s ability to accurately distribute resources and evaluate needs across all communities in an equitable manner. More precise data leads to effective policies and tailored interventions. This increase in both efficiency and accuracy supports community resilience and reduces wasteful spending.
DUAL-REFFERAL: Senate Governmental Organization Committee and Senate Judiciary Committee
ASSEMBLY THIRD READING
ATR Bill Id:AB 91
Author:(Harabedian)
As Amended Ver:May 23, 2025
Majority vote
SUMMARY
Requires a state or local agency that collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups and disclose the aggregate data it collects; and prevents the state or local agency from disclosing personal identifying information about individuals whose demographic information is collected.
Major Provisions
- Requires that a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians must use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows:
- Commencing January 1, 2027, and until collection categories are subsequently updated by the United States Census Bureau, requires a state or local agency to use separate collection categories and tabulations for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
- Requires that within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups as reported by the census.
- Requires, except as provided in 3), a state or local agency to do both of the following with the data collected pursuant to the requirements above:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2027.
- Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
- Prohibits a state or local agency from making available to the public either of the following:
- Personal identifying information of individuals; and provides that the state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
- Data that would result in statistical unreliability.
- Provides that for purposes of the above provision, the following definitions apply:
- "Local agency" means a city, county, or city and county, whether general law or chartered.
- "Personal identifying information" has the same meaning as in subdivision (b) of Section 530.55 of the Penal Code.
- "State agency" has the same meaning as defined in Section 11000 and includes the California State University.
- Provides that the Legislature requests the University of California to comply with the above provisions.
- Makes the following legislative finding to justify the limitation in 3) on the public's right of access to the records and meetings of public entities:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
- Names the bill The Middle Eastern and North African (MENA) Inclusion Act.
COMMENTS
This bill, named the Middle Eastern and North African (MENA) Inclusion Act, requires that starting January 1, 2027, state agencies, boards, and commissions in California that collect demographic data on ancestry or ethnic origin must collect demographic information about MENA groups and to report such information in any report published on or after January 1, 2028.
Recent revisions to federal standards on collecting data for the 2030 U.S. Census. When the next federal census is conducted in 2030, there will be new federal standards on collecting race and ethnicity data. For the first time, Americans who trace their ancestral roots to MENA will have their own category on the decennial survey.
Public records and existing restrictions on the disclosure of personal identifying information. Under the California Public Records Act (CPRA), public records are open to inspection at all times during the office hours of a public agency for inspection by the public, and subject to disclosure upon request, unless exempted. (Government Code Section 7922.525.) An exemption can be explicit in the CPRA itself, pursuant to another law, or justified by the agency's determination that, based on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (See Government Code Sections 7922.000, 7922.525, 7922.530.)
One common exemption is for "personal identifying information" (PII) within the records of a public agency; the information, but not the record itself, is confidential and therefore exempt from disclosure. Existing law makes PII within an agency's records about the demographics of the individuals the agency serves, confidential. For example, Government Code Section 8310.5 requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified demographic groups. (Government Code Section 8310.5(a).) The data "shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential." (Id., at (b).)
This bill has three main provisions. First, it requires that state and local agencies collect new types of demographic data. This requirement is broken down into two phases. First, commencing January 1, 2027, and until collection categories are subsequently updated pursuant to the revisions planned for the 2030 U.S. Census, a state or local agency must use separate collection categories and tabulations to collect demographic information for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
Second, the bill requires, except as specified, that a state or local agency do both of the following with the data it collects:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2028.
- Make the data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
Finally, the bill prohibits a state or local agency from disclosing certain data to the public; specifically, a state or local agency is prohibited from disclosing data that is either of the following:
- "Personal identifying information" of individuals;
- Data that would result in statistical unreliability.
According to the Author
AB 91 seeks to ensure accurate demographic representation for individuals who identify as Middle Eastern and North African (MENA) by requiring the inclusion of a MENA category in demographic data collection. . . . By establishing a MENA category in demographic data collection, AB 91 . . . provid[es] policymakers, researchers, and service providers with accurate data to assess and respond to the specific needs of this community. Disaggregating MENA data from the white category will enhance the state's ability to identify inequities in key areas such as healthcare, education, employment, and economic opportunity allowing for the development of more inclusive policies, equitable resource allocation, and improved outcomes for MENA individuals. By ensuring proper representation in demographic data, AB 91 affirms the distinct identity and lived realities of the MENA community and takes a crucial step toward addressing long-standing inequities in public policy and social services.
Arguments in Support
The City and County of San Francisco, Immigrant Rights Commission writes the following in support of the bill:
MENA communities play a vital role in the cultural, economic, and social fabric of California. Yet, the lack of accurate data collection has often left these communities underrepresented in policy decisions and underserved in resource allocation. AB-91 offers an opportunity to address these gaps and ensure that MENA individuals and families receive the recognition, resources, and support they deserve.
Similarly, the City of Glendale explains its support for the bill as follows:
Data drives policy and funding, and the omission of the Armenian community from demographic records has resulted in lost opportunities for essential services. Armenian American small businesses have been denied access to funding and protections available to other minority groups under the Small Business Act. Additionally, incidents of hate crimes and discrimination against Armenian Americans remain underreported and insufficiently addressed due to the lack of precise demographic data.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Costs (General Fund (GF), special funds) to each state agency that must update its data collection practices. In the aggregate, one-time costs for initial implementation may be in the millions to tens of millions of dollars, with ongoing costs for implementation. At the time this analysis was prepared, the following entities had reported fiscal impacts:
- Department of Health Care Access and Information anticipates one-time costs (GF) of $2.5 million to update data systems and processes to collect the additional information, plus $250,000 for contract services for development and administration, given the short timeline for implementation.
- Employment Development Department anticipates one-time costs (GF) of $6.7 million to make programming changes to its systems and update forms and surveys, and ongoing costs of $400,000 for ongoing system maintenance, testing, and support.
- California Department of Human Resources anticipates one-time costs (GF) of $97,000 to prepare and update existing systems, forms, survey websites, and databases, and to conduct data testing and validation.
- Department of Consumer Affairs reports one-time, absorbable costs of $10,000 to update the groups included in existing surveys.
- Costs (GF) to the CSU, likely in the hundreds of thousands of dollars. The CSU anticipates significant costs for upgrading or modifying its existing data systems and data reporting, updating publications and forms, and redaction required to protect personally identifiable data in reported ethnic and racial data.
- Cost pressures of an unknown amount to the UC, should the UC update its practices in compliance with this bill as requested.
- Costs to each city, county, or city and county that must update its data collection practices and systems. Actual costs will depend on how different local data collection practices are from this bill's requirements, but in the aggregate these costs will likely be significant. The state must reimburse these local costs from the GF if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.
VOTES
ASM JUDICIARY: 12-0-0
YES: Kalra, Dixon, Wicks, Bryan, Connolly, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur, Tangipa
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa
UPDATED
VERSION: May 23, 2025
CONSULTANT: Alison Merrilees / JUD. / (916) 319-2334 FN: 0000501
Date of Hearing: May 7, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 91
Author:(Harabedian) – As Amended Ver:March 20, 2025
Policy Committee: | Judiciary | Vote: | 12 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires each state and local entity that collects demographic data about the ancestry or ethnic origins of Californians to use specified collection categories for the Middle Eastern and North African (“MENA”) groups.
The bill’s requirements apply to each state office, officer, department, division, bureau, board, and commission, and to each city, county, and city and county that already collects demographic data about ancestry or ethnic origin (collectively, “covered state and local entities”). The bill’s requirements also apply to the California State University (CSU), and specifies the Legislature requests compliance by the University of California (UC).
Specifically, among other provisions, the bill:
- Requires, beginning January 1, 2026, each covered state and local entity to use separate collection categories for specified MENA groups.
- Requires, within 18 months of the release of the decennial census by the U.S. Census Bureau, each covered state and local entity to update its collection categories to reflect the major MENA groups as reported by the census.
- Requires the MENA data collected under 1) and 2) to be included in demographic reports and made available to the public as specified, subject to data privacy restrictions.
FISCAL EFFECT:
- Costs (General Fund (GF), special funds) to each state agency that must update its data collection practices. In the aggregate, one-time costs for initial implementation may be in the millions to tens of millions of dollars, with ongoing costs for implementation. At the time this analysis was prepared, the following entities had reported fiscal impacts:
- Department of Health Care Access and Information anticipates one-time costs (GF) of $2.5 million to update data systems and processes to collect the additional information, plus $250,000 for contract services for development and administration, given the short timeline for implementation.
- Employment Development Department anticipates one-time costs (GF) of $6.7 million to make programming changes to its systems and update forms and surveys, and ongoing costs of $400,000 for ongoing system maintenance, testing, and support.
- California Department of Human Resources anticipates one-time costs (GF) of $97,000 to prepare and update existing systems, forms, survey websites, and databases, and to conduct data testing and validation.
- Department of Consumer Affairs reports one-time, absorbable costs of $10,000 to update the groups included in existing surveys.
- Costs (GF) to the CSU, likely in the hundreds of thousands of dollars. The CSU anticipates significant costs for upgrading or modifying its existing data systems and data reporting, updating publications and forms, and redaction required to protect personally identifiable data in reported ethnic and racial data.
- Cost pressures of an unknown amount to the UC, should the UC update its practices in compliance with this bill as requested.
- Costs to each city, county, or city and county that must update its data collection practices and systems. Actual costs will depend on how different local data collection practices are from this bill’s requirements, but in the aggregate these costs will likely be significant. The state must reimburse these local costs from the GF if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.
COMMENTS:
- Purpose. According to the author:
By ensuring proper representation in demographic data, AB 91 affirms the distinct identity and lived realities of the MENA community and takes a crucial step toward addressing long-standing inequities in public policy and social services.
- Background. Historically, in the U.S. census, the “White” racial category included people with European, Middle Eastern, or North African origins. In 2024, the federal government approved new census options for race and ethnicity, including changes to more accurately record information about people of MENA descent. When the next federal census is conducted in 2030, participants will be able to select Middle Eastern or North African when reporting their ethnicity and ancestral origin.
Consistent with federal efforts to improve data collection related to MENA groups, this bill requires covered state and local entities to use separate collection categories for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
- Prior Legislation. AB 2763 (Essayli), of the 2023-24 Legislative Session, would have required specified state entities to use separate collection categories for specified MENA groups and also included specific MENA data collection requirements for the California Department of Corrections and Rehabilitation. AB 2763 was held on this committee’s suspense file.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 8, 2025
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 91
Author:(Harabedian) – As Amended Ver:March 20, 2025
proposed consent
SUBJECT: State and local agencies: demographic data
KEY ISSUES:
- should a state or local agency that collects demographic data as to the ancestry or ethnic origin of Californians be required to use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages?
- Should the state or local agency be required to disclose the aggregate data it collects, but be prohibitd from disclosing personal identifying information about individuals who disclose their demographic data to the agency?
SYNOPSIS
When the next federal census is conducted in 2030, there will be new federal standards on collecting race and ethnicity data. For the first time, Americans who trace their ancestral roots to the Middle East and North Africa will have their own category on the decennial survey.
This bill, called The Middle Eastern and North African (MENA) Act, has three main provisions. First, it requires that state and local agencies collect new types of demographic data in a manner that is consistent with a policy that was adopted during the Biden Administration, relating to the U.S. Census. Second, the bill requires, except as specified, that a state or local agency do both of the following with the data it collects: (1) Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2027; and (2) Make the data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website. Finally, the bill prohibits a state or local agency from disclosing certain data to the public; specifically, a state or local agency is prohibited from disclosing data that is either of the following: (1) “Personal identifying information” (PII) of individuals; (2) Data that would result in statistical unreliability. The bill’s prohibition on disclosure of PII is consistent with many other exemptions to the California Public Records Act (CPRA) in existing law.
The bill is supported by the City of Glendale and the City and County of San Francisco, as well as several organizations that advocate for immigrants and the MENA community. It has no opposition on file.
SUMMARY: Requires a state or local agency that collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages and to disclose to the public the aggregate data it collects; and prevents the state or local agency from disclosing personal identifying information about individuals whose demographic information is collected. Specifically, this bill:
- Requires that a state or local agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians must use separate collection categories and tabulations for major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations or languages as follows:
- Commencing January 1, 2026, and until collection categories are subsequently updated by the United States Census Bureau, requires a state or local agency to use separate collection categories and tabulations for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
- Requires that within 18 months following the release of a decennial census by the United States Census Bureau, a state or local agency shall update its collection categories and tabulations to reflect the major Middle Eastern and North African groups as reported by the census.
- Requires, except as provided in 3), a state or local agency to do both of the following with the data collected pursuant to the requirements above:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2027.
- Make the aggregated data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
- Prohibits a state or local agency from making available to the public either of the following:
- Personal identifying information of individuals; and provides that the state or local agency may, to prevent the identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
- Data that would result in statistical unreliability.
- Provides that for purposes of the above provision, the following definitions apply:
- “Local agency” means a city, county, or city and county, whether general law or chartered.
- “Personal identifying information” has the same meaning as in subdivision (b) of Section 530.55 of the Penal Code.
- “State agency” has the same meaning as defined in Section 11000 and includes the California State University.
- Provides that the Legislature requests the University of California to comply with the above provisions.
- Makes the following legislative finding to justify the limitation in 3) on the public’s right of access to the records and meetings of public entities:
In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
- Names the bill The Middle Eastern and North African (MENA) Act.
EXISTING LAW:
- Empowers the Congress to carry out the census in "such manner as they shall by Law direct" and mandates that an apportionment of representatives among the states must be carried out every 10 years. (U.S. Constitution, Article I, Section 2.)
- Describes the census as the "linchpin of the federal statistical system … collecting data on the characteristics of individuals, households, and housing units throughout the country." (Dept. of Commerce v. U.S. House of Representatives (1999) 525 U.S. 316, 341.)
- Requires, as of January 1, 2024, the California Department of Corrections (department) to collect voluntary self-identification information pertaining to race or ethnic origin of people admitted, in custody, and released and paroled, which shall include, but not be limited to, American Indian/Alaskan Native, Bangladeshi, Black, Cambodian, Chinese, Colombian, Cuban, Fijian, Filipino, Guamanian or Chamorro, Guatemalan, Native Hawaiian, Other Hispanic Not Listed, Hmong, Indian, Indonesian, Jamaican, Japanese, Korean, Laotian, Malaysian, Mexican, Nicaraguan, Other Asian Not Listed, Other Pacific Islander Not Listed, Pakistani, Puerto Rican, Salvadorian, Samoan, Sri Lankan, Taiwanese, Thai, Tongan, Unknown, Vietnamese, and White. Based on that voluntary self-identification information, the department shall prepare and publish monthly demographic data pertaining to the race or ethnic origin of people admitted, in custody, and released and paroled, disaggregated by the same race and ethnicity categories used by the department for the purpose of voluntary self-identification information. (Penal Code Section 2068 (a).)
- Requires, as of January 1, 2025, the data, in 3), except for personally identifying information, which shall be deemed confidential, to be publicly available on the department’s internet website via the Offender Data Points dashboard. (Id., at (b).)
- Provides that if the population number of any race or ethnicity category is under 50, the department shall only reference, in the published data, those numbers as “fewer than 50” in order to protect personally identifying information. (Id., at (c).)
- Requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following:
- Each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian.
- Each major Pacific Islander group, including, but not limited to, Hawaiian, Guamanian, and Samoan. (Government Code Section 8310.5 (a).)
- Provides that the data collected pursuant to the different collection categories and tabulations described in 6) shall be included in every demographic report on ancestry or ethnic origins of Californians by the state agency, board, or commission published or released on or after July 1, 2012. The data shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. (Id., at (b).)
- Requires specified agencies, in addition to the duties imposed under 6) and 7), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, to collect and tabulate data for the following:
- Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
- Additional major Native Hawaiian and other Pacific Islander groups, including, but not limited to, Fijian and Tongan. (Government Code Section 8310.7 (b).)
- Requires the same state agencies subject to 8) to, within 18 months after a decennial United States Census is released to the public, update their data collection to reflect the additional Asian groups and additional Native Hawaiian and Pacific Islander groups as they are reported by the United States Census Bureau and prohibits them from reporting demographic data that would result in statistical unreliability. (Id., at (d) – (e).)
- Makes 8) and 9) applicable to the following state agencies:
- The Department of Industrial Relations.
- The Civil Rights Department.
- To the extent funding is specifically appropriated for this purpose, the State Department of Public Health, on or after July 1, 2022, whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers. (Id., at (a).)
- Provides that the University of California is a “public trust” that generally is not subject to the authority of the Legislature. (California Constitution, art. IX, Sec. 9.)
- Provides that the people have the right of access to information concerning the conduct of the people’s business and, therefore, the writings of public officials and agencies shall be open to public scrutiny. Specifies that any law or rule that limits the public right of access shall be adopted with findings demonstrating the interest protected by the limitation. (California Constitution, art. I, Sec. 3.)
- Provides that, in enacting the California Public Records Act (CPRA), the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Government Code Section 7921.000.)
- Defines “public records” to include any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics and those in the custody of, or maintained by, the Governor’s office means any writing prepared on or after January 6, 1975. (Government Code Section 7920.530.)
- Provides that public records are open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, exempted as otherwise provided; and that any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (Government Code Section 7922.525.)
- Defines “personal identifying information” to mean any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver’s license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mother’s maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, United States Citizenship and Immigration Services-assigned number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification. (Penal Code Section 530.55 (b).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: This author-sponsored bill, named the Middle Eastern and North African (MENA) Act, requires that starting January 1, 2026, state agencies, boards, and commissions in California that collect demographic data on ancestry or ethnic origin must include separate categories for MENA groups. According to the author:
AB 91 seeks to ensure accurate demographic representation for individuals who identify as Middle Eastern and North African (MENA) by requiring the inclusion of a MENA category in demographic data collection. . . . By establishing a MENA category in demographic data collection, AB 91 . . . provid[es] policymakers, researchers, and service providers with accurate data to assess and respond to the specific needs of this community. Disaggregating MENA data from the white category will enhance the state’s ability to identify inequities in key areas such as healthcare, education, employment, and economic opportunity allowing for the development of more inclusive policies, equitable resource allocation, and improved outcomes for MENA individuals. By ensuring proper representation in demographic data, AB 91 affirms the distinct identity and lived realities of the MENA community and takes a crucial step toward addressing long-standing inequities in public policy and social services.
Recent revisions to federal standards on collecting data for the 2030 U.S. Census. When the next federal census is conducted in 2030, there will be new federal standards on collecting race and ethnicity data. For the first time, Americans who trace their ancestral roots to the Middle East and North Africa (MENA) will have their own category on the decennial survey. (Stepansky, Joseph. “‘Transformative’: US Census to Add Middle Eastern, North African Category.” Al Jazeera, Al Jazeera, 28 Mar. 2024, available at www.aljazeera.com/news/2024/3/28/transformative-us-census-to-add-middle-eastern-north-african-category.) In the U.S., official counts of populations by means of the U.S. Census have wide-ranging impacts, affecting how federal dollars are disbursed to meet the needs of certain communities, how congressional districts are drawn, and how certain federal anti-discrimination and racial equity laws are enforced. (Ibid.) U.S. residents with ethnic and racial ties to MENA had previously fallen into the “white” category, although they could still write in the country with which they ethnically identify. Observers say this has long resulted in a vast undercount of the community, which can make it near impossible to conduct meaningful research on health and social trends. (Ibid.)
Public records and existing restrictions on the disclosure of personal identifying information. Information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Government Code Section 7921.000.) Public records are presumptively open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, exempted as otherwise provided; and that any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law (Government Code Section 7922.525.) Any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics”, by definition, is a “public record.” (Government Code Section 7920.530.)
Under the California Public Records Act (CPRA), public records are open to inspection at all times during the office hours of a public agency for inspection by the public, and subject to disclosure upon request, unless exempted. (Section 7922.525.) An exemption can be explicit in the CPRA itself, pursuant to another law, or justified by the agency’s determination that, based on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (See Sections 7922.000, 7922.525, 7922.530.)
One common exemption is for “personal identifying information” (PII) within the records of a public agency; the information, but not the record itself, is confidential and therefore exempt from disclosure. Existing law makes PII within an agency’s records about the demographics of the individuals the agency serves, confidential. For example, Government Code Section 8310.5 requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified demographic groups. (Government Code Section 8310.5 (a).) The data “shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential.” (Id., at (b).) Similarly, when the California Department of Corrections (CDC) collects demographic data about inmates, all PII is confidential (and therefore exempt from public disclosure in response to a CPRA request). (Penal Code Section 2068 (b).)
What is Personal Identifying Information (PII)? Penal Code Section 530.55 defines PII to mean the following:
[A]ny name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver’s license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mother’s maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, United States Citizenship and Immigration Services-assigned number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification.
This definition of PII is commonly used to not only protect the privacy of persons whose personal information is included within public records, but also to ensure than an agency does not withhold more information from the public than is necessary. (See e.g. Welfare & Institutions Code Section 18961.5 [restricting county welfare departments from sharing PII]; and Family Code Section 8813 [authorizing the sharing of information about an adoptive family with a parent under specified circumstances, except for PII about the adoptive family].) While a record can be public, PII within the record may be confidential and exempt from public disclosure.
This bill has three main provisions. First, it requires that state and local agencies collect new types of demographic data. This requirement is broken down into two phases. First, commencing January 1, 2026, and until collection categories are subsequently updated pursuant to the revisions planned for the 2030 U.S. Census, a state or local agency must use separate collection categories and tabulations for the following groups:
- A major Middle Eastern group, including, but not limited to, Afghan, Bahraini, Emirati, Iranian, Iraqi, Israeli, Jordanian, Kuwaiti, Lebanese, Omani, Palestinian, Qatari, Saudi Arabian, Syrian, Turkish, and Yemeni.
- A major North African group, including, but not limited to, Algerian, Djiboutian, Egyptian, Libyan, Mauritanian, Moroccan, Somali, Sudanese, and Tunisian.
- A major transnational Middle Eastern and North African group, including, but not limited to, Amazigh or Berber, Armenian, Assyrian, Chaldean, Circassian, and Kurdish.
This provision of the bill is consistent with a policy that was adopted during the Biden Administration, relating to the U.S. Census. Then, within 18 months following the release of a decennial census by the United States Census Bureau, the bill requires that a state or local agency must update its collection categories and tabulations to reflect the major Middle Eastern and North African groups as reported by the census.
Second, the bill requires, except as specified, that a state or local agency do both of the following with the data it collects:
- Include the data in every demographic report on ancestry or ethnic origins of Californians by the state or local agency that is published on or after January 1, 2027.
- Make the data available to the public in accordance with state and federal law, including, but not limited to, by publishing the data on its internet website.
Finally, the bill prohibits a state or local agency from disclosing certain data to the public; specifically, a state or local agency is prohibited from disclosing data that is either of the following:
- “Personal identifying information” of individuals;
- Data that would result in statistical unreliability.
ARGUMENTS IN SUPPORT: The City and County of San Francisco, Immigrant Rights Commission writes the following in support of the bill:
MENA communities play a vital role in the cultural, economic, and social fabric of California. Yet, the lack of accurate data collection has often left these communities underrepresented in policy decisions and underserved in resource allocation. AB-91 offers an opportunity to address these gaps and ensure that MENA individuals and families receive the recognition, resources, and support they deserve.
Similarly, the City of Glendale explains its support for the bill as follows:
Data drives policy and funding, and the omission of the Armenian community from demographic records has resulted in lost opportunities for essential services. Armenian American small businesses have been denied access to funding and protections available to other minority groups under the Small Business Act. Additionally, incidents of hate crimes and discrimination against Armenian Americans remain underreported and insufficiently addressed due to the lack of precise demographic data.
Past Similar Legislation: AB 2089 (Holden, 2023-24) Local government: collection of demographic data. This bill would have required city and county governments, when collecting demographic data on the ancestry and ethnic origins of their employees, to include additional categories for African Americans relating to their status as descendants of enslaved persons. Status: Held, Asm Appropriations.
AB 2763 (Essayli, 2023-24) Demographic data: Middle Eastern and North African groups. This bill would have required that a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians shall use separate collection categories for the Middle Eastern and North African group; and that the California Department of Corrections and Rehabilitation offer and report new categories of self-reported data about inmate race, ancestry, and ethnic origin. Status: Held, Asm Appropriations.
HR 30 (Essayli, 2023-24) Relative to Middle Eastern or North African Data. Encourages the federal Office of Management and Budget to include “Middle Eastern or North African” ancestry as a response option on all federal forms collecting demographic information. Status: Adopted.
REGISTERED SUPPORT / OPPOSITION:
Support
Arab American Civic Council
Armenian-American Action Network
Armenian National Committee of America - Western Region
CAIR Los Angeles
California Pan-Ethnic Health Network (CPEHN)
Catalyst California
City of Glendale
City and County of San Francisco
Immigrants are Los Angeles
South Asian Network
Southern California Armenian Democrats
Carlos A. Leon, Councilmember, City of Anaheim
Several individuals
Opposition
None on file
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
Discussed in Hearing
Assembly Floor
Senate Standing Committee on Appropriations
Assembly Floor
Bill Author
Bill Co-Author(s):