Amd §202-a, Exec L; add Art 9 Title 13 §2988, Pub Auth L; add Art 24-A §950, County L
Requires certain documents and forms to be provided in the twelve most common non-English languages spoken by limited English proficient immigrants of five years or less according to the American community survey, as published by the United States census bureau.
STATE OF NEW YORK
________________________________________________________________________
5535
2025-2026 Regular Sessions
IN SENATE
February 24, 2025
___________
Introduced by Sen. BASKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, the public authorities law and the
county law, in relation to enacting the "language access expansion
act" and requiring certain documents and forms to be provided in
multiple languages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "language access expansion act".
3 § 2. Subdivision 1 of section 202-a of the executive law, as added by
4 section 1 of part GG of chapter 56 of the laws of 2022, is amended to
5 read as follows:
6 1. (a) Each state agency that provides direct public services in New
7 York state shall translate all vital documents relevant to services
8 offered by the agency, including essential public documents such as
9 forms and instructions provided to or completed by program beneficiaries
10 or participants, into at least the twelve most common non-English
11 languages spoken by limited-English proficient individuals in the state,
12 [based on the data in the most recent American Community Survey
13 published by United States Census Bureau. Agencies subject to this
14 section, in their discretion, may offer up to four additional languages
15 beyond the twelve most common languages. Such additional languages
16 shall be decided by the state agency in consultation with the office of
17 general services and approved by the office of general services based on
18 the number of limited-English proficient immigrants of five years or
19 less in New York state in need of language translation services accord-
20 ing to the American Community Survey, including the growth of recent
21 arrival populations in the geographic regions in which the agency's
22 services are offered, the population of limited-English proficient indi-
23 viduals served by the agency, feedback from impacted community or advo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01261-03-5
S. 5535 2
1 cacy groups, and any other relevant data published by the United States
2 Census Bureau] including the most common non-English languages spoken by
3 limited English proficient individuals who have arrived in the state
4 within the last five years, based on aggregate data from the most recent
5 decennial census, American community survey, and any additional sources
6 that capture trends in language use and limited-English proficiency
7 within immigrant and refugee populations.
8 (b) Each agency shall additionally make such translations available
9 within each region of the state, as established by article eleven of the
10 economic development law, in the three most common non-English languages
11 which are spoken in that region and are not already included among the
12 twelve languages specified in paragraph (a) of this subdivision. Such
13 additional languages shall be decided by the state agency in consulta-
14 tion with the office of general services and approved by the office of
15 general services based on the number of limited-English proficient immi-
16 grants who have arrived in New York state within the last five years,
17 according to the United States census bureau and American community
18 survey, including the growth of recent arrival populations in the
19 geographic regions in which the agency's services are offered, the popu-
20 lation of limited-English proficient individuals served by the agency,
21 feedback from impacted community or advocacy groups, and any data
22 collected from the sources listed in paragraph (a) of this subdivision.
23 (c) The list of most common languages shall be reviewed and updated
24 every two years, based on the most recent data collected by the United
25 States census bureau and American community survey, including but not
26 limited to the data sources listed in paragraph (a) of this subdivision.
27 The office of language access, in consultation with the office of gener-
28 al services, shall annually collect and publish data on the most common
29 non-English languages most frequently served by public agencies.
30 (d) The office of language access shall develop and distribute multi-
31 lingual notices on or before December thirty-first, two thousand twen-
32 ty-five, to inform asylum seekers, refugees, and public organizations,
33 including community-based organizations and faith-based organizations,
34 and other community stakeholders in the state of an individual's right
35 to request an interpreter in their primary language and right to have
36 essential documents and information translated in their primary language
37 when engaging with public agencies, in accordance with existing state
38 and federal language access requirements.
39 (e) The state shall allocate annual funding to support translation,
40 interpretation, and training resources necessary.
41 (f) Each agency shall provide competent and timely interpretation
42 services to individuals in their primary or preferred language with
43 respect to the provisions of services and benefits. This includes both
44 in-office services, and services provided outside of the department
45 office. Competent interpretation shall mean spoken or signed, real-time
46 communication in which the qualified human interpreter is fluent in both
47 the source and target language and is trained as an interpreter.
48 § 3. Subparagraphs (viii) and (ix) of paragraph (c) of subdivision 3
49 of section 202-a of the executive law, as added by section 1 of part GG
50 of chapter 56 of the laws of 2022, are amended and three new subpara-
51 graphs (x), (xi) and (xii) are added to read as follows:
52 (viii) an explanation as to how the agency determined it would provide
53 any additional language beyond the top twelve languages required by this
54 section; [and]
55 (ix) the identity of the agency's language access coordinator[.];
S. 5535 3
1 (x) accommodations for communication access shall be available upon
2 request including American sign language interpretation via an on-site
3 interpreter, video remote interpreter, or communication access real-time
4 translation for individuals who are deaf, hard of hearing or have hear-
5 ing loss;
6 (xi) a phone number or email address by which the public can lodge
7 complaints against the agency for noncompliance, such complaints shall
8 be kept for a minimum of two years; and
9 (xii) a process to make public the number of complaints during a
10 twelve month period against noncompliance and resolution to such
11 complaints.
12 § 4. Article 9 of the public authorities law is amended by adding a
13 new title 13 to read as follows:
14 TITLE 13
15 LANGUAGE ACCESS
16 Section 2988. Language access.
17 § 2988. Language access. 1. For the purposes of this section, "covered
18 state authorities" shall mean state authorities that are determined by
19 the office of language access to provide direct public-facing services
20 that have an impact on a significant amount of residents of New York.
21 Covered state authorities shall translate vital documents, including
22 essential public documents such as forms and instructions provided to or
23 completed by program beneficiaries or participants. The translation
24 shall be available in the twelve most common non-English languages
25 spoken by limited English proficient immigrants in the state who arrived
26 within the last five years according to the American community survey,
27 as published by the United States census bureau.
28 2. Covered state authorities shall make translations available in
29 correspondence with the region of the state such covered state authori-
30 ties serve, in at least the three most common non-English languages
31 which are spoken in that region by limited English proficient immigrants
32 who arrived within the last five years based on aggregate data from the
33 most recent decennial census, American community survey, and any addi-
34 tional sources that capture trends in language and limited-English
35 proficiency within immigrant and refugee populations.
36 3. The list of most common languages shall be updated no less than
37 every two years from the effective date of this section, based on the
38 most recent American community survey, as published by the United States
39 census bureau.
40 4. Each covered state authority shall provide interpretation services
41 between the authority and an individual in such individual's primary
42 language, including American sign language, with respect to the
43 provision of services or benefits. This includes both in-office
44 services, and services provided outside of the authority office.
45 5. Within ninety days of the effective date of this section, covered
46 state authorities shall publish a language access plan which reflects
47 how the authority will comply with the language access requirements
48 pursuant to this section, and shall set forth, at a minimum:
49 a. core communication principles with respect to people in the limited
50 English proficient community;
51 b. when and by what means the authority will provide or is already
52 providing language access services;
53 c. the titles of all available translated documents and the languages
54 into which they have been translated;
S. 5535 4
1 d. the number of public contact positions in the authority and the
2 number of bilingual employees in public contact positions including the
3 languages they speak;
4 e. a training plan for employees which includes, at a minimum, annual
5 training on the language access policies of the authority and how to
6 provide language assistance services;
7 f. a plan of how the authority intends to notify the population of
8 offered language assistance services;
9 g. a language access coordinator at the authority, who shall be
10 publicly identified;
11 h. accommodations for communication access shall be available upon
12 request including American sign language interpretation via an on-site
13 interpreter, video remote interpreter, or communication access real-time
14 translation for individuals who are deaf, hard of hearing or have hear-
15 ing loss;
16 i. a phone number or email address by which the public can lodge
17 complaints against the agency for noncompliance. Such complaints shall
18 be kept for a minimum of two years; and
19 j. make public the number of complaints during a twelve-month period
20 against noncompliance and resolutions to such complaints.
21 § 5. The county law is amended by adding a new article 24-A to read as
22 follows:
23 ARTICLE 24-A
24 LANGUAGE ACCESS
25 Section 950. Language access.
26 § 950. Language access. 1. Every county of New York state shall trans-
27 late vital documents, including essential public documents such as forms
28 and instructions provided to or completed by program beneficiaries or
29 participants. Each such county shall make such translations available in
30 correspondence with the region.
31 (a) For counties with a limited English proficient population that is
32 0.5 percent or less than of such county's total population, translations
33 shall be available in at least the two most common non-English languages
34 spoken in that region including the most common non-English languages
35 spoken by limited English proficient individuals who have arrived in
36 such county within the last five years and are not already included in
37 the statewide list of most common non-English languages.
38 (b) For counties with a limited English proficiency population that is
39 more than 0.5 percent of such county's total population, translations
40 shall be available in at least the three most common non-English
41 languages spoken in that region including languages spoken by limited
42 English proficient individuals who have arrived in such county within
43 the last five years and are not already included in the statewide list
44 of most common non-English languages.
45 (c) Determination of limited English proficient population and the
46 most common non-English languages spoken by limited English proficient
47 individuals shall be based on aggregate data from the most recent decen-
48 nial census, American community survey, and any additional sources that
49 capture trends in language use and limited English proficiency within
50 immigrant and refugee populations.
51 2. Notwithstanding the provisions of subdivision one of this section,
52 a county may add additional languages as necessary to accommodate local
53 variances from statewide languages, provided such languages are added
54 after public notice and opportunity to comment.
55 3. The list of most common languages shall be updated no less than
56 every two years from the effective date of this section, based on the
S. 5535 5
1 most recent American community survey, as published by the United States
2 census bureau, and any additional languages such county shall choose to
3 select.
4 4. Each such county shall provide interpretation services between the
5 entity and an individual in such individual's primary language with
6 respect to the provision of services or benefits.
7 5. Within ninety days of the effective date of this section, each such
8 county shall publish a language access plan which reflects how the coun-
9 ty will comply with the language access requirements pursuant to this
10 section, and shall set forth, at a minimum:
11 (a) core communication principles with respect to people in the limit-
12 ed English proficient community;
13 (b) when and by what means the county shall provide or is already
14 providing language access services;
15 (c) the titles of all available translated documents and the languages
16 into which they have been translated;
17 (d) the number of public contact positions in the county and the
18 number of bilingual employees in public contact positions including the
19 languages they speak;
20 (e) a training plan for employees of the county, which includes, at a
21 minimum, annual training on the language access policies of the county
22 and how to provide language assistance services;
23 (f) a plan of how the county intends to notify the population of
24 offered language assistance services;
25 (g) a language access coordinator employed by the county, who shall be
26 publicly identified;
27 (h) accommodations for communication access shall be available upon
28 request including American sign language interpretation via an on-site
29 interpreter, video remote interpreter, or communication access real-time
30 translation for individuals who are deaf, hard of hearing or have hear-
31 ing loss;
32 (i) a phone number or email address by which the public can lodge
33 complaints against the county for noncompliance. Such complaints shall
34 be kept for a minimum of two years; and
35 (j) make public the number of complaints during a twelve-month period
36 against noncompliance and resolutions to such complaints.
37 § 6. This act shall take effect one year after it shall have become a
38 law.
