2023 New York Laws › EXC - Executive › Article 10 - Office of General Services › 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.