N.Y. Executive Law § 202-a: Language translation services

§ 202-a. Language translation services. 1. Each state agency that

provides direct public services in New York state shall translate all

vital documents relevant to services offered by the agency into the

twelve most common non-English languages spoken by limited-English

proficient individuals in the state, based on the data in the most

recent American Community Survey published by United States Census

Bureau. Agencies subject to this section, in their discretion, may offer

up to four additional languages beyond the twelve most common languages.

Such additional languages shall be decided by the state agency in

consultation with the office of general services and approved by the

office of general services based on the number of limited-English

proficient immigrants of five years or less in New York state in need of

language translation services according to the American Community

Survey, including the growth of recent arrival populations in the

geographic regions in which the agency's services are offered, the

population of limited-English proficient individuals served by the

agency, feedback from impacted community or advocacy groups, and any

other relevant data published by the United States Census Bureau.

2. Each agency subject to the provisions of this section shall

designate a language access coordinator who will work with the office of

general services to ensure compliance with the requirements of this

section.

3. Each agency subject to the provisions of this section shall develop

a language access plan and submit such plan to the office of general

services.

(a) An agency's initial language access plan shall be issued by the

agency within ninety days of the effective date of this section.

(b) Language access plans shall be updated and reissued every two

years on or before January first.

(c) Language access plans shall set forth, at a minimum:

(i) when and by what means the agency will provide or is already

providing language assistance services;

(ii) the titles of all available translated documents and the

languages into which they have been translated;

(iii) the number of public contact positions in the agency and the

number of bilingual employees in public contact positions, and the

languages such employees speak;

(iv) a training plan for agency employees which includes, at minimum,

annual training on the language access policies of the agency and

training in how to provide language assistance services;

(v) a plan for annual internal monitoring of the agency's compliance

with this section;

(vi) a description of how the agency intends to notify the public of

the agency's offered language assistance services;

(vii) an assessment of the agency's service populations to determine

whether additional languages of translation should be added beyond the

top twelve languages;

(viii) an explanation as to how the agency determined it would provide

any additional language beyond the top twelve languages required by this

section; and

(ix) the identity of the agency's language access coordinator.

4. Each agency subject to the provisions of this section shall:

(a) provide interpretation services between the agency and an

individual in each individual's primary language with respect to the

provision of services or benefits by the agency; and

(b) publish the agency's language access plan on the agency's website.

5. For purposes of this section, "vital document" means any paper or

digital document that contains information that is critical for

obtaining agency services or benefits or is otherwise required to be

completed by law.

6. The office of general services will ensure agency compliance with

this section and shall prepare an annual report, which shall be made

public on the office of general services website, detailing each

agency's progress and compliance with this section.