§ 23-1102 Language access implementation plans.
a. Every covered agency shall provide language access services for all designated citywide languages. Such language access services shall include, but not be limited to:
1. identifying and translating: (a) those documents most commonly distributed to the public that contain or elicit important and necessary information regarding the provision of basic city services; and (b) those documents most commonly distributed to the public that contain or elicit important and necessary information regarding enforcement of the laws and rules enforced by such agency;
2. providing interpretation services, including through telephonic interpretation services; and
3. posting of multilingual signage in conspicuous locations about the availability of free interpretation services.
b. Each covered agency shall, in consultation with the office of the language services coordinator and the office of immigrant affairs, develop and implement an agency-specific language access implementation plan to describe how language access services will be provided and to ensure meaningful access to information and direct public services. The implementation plans of emergency service providers shall include provision for their requirements to be implemented to the degree practicable. For each covered agency, the language access implementation plan shall:
1. designate a language access coordinator to oversee the creation and execution of such implementation plan and provide for the name and title of such language access coordinator to be posted in a conspicuous place on such agency's website;
2. describe how such agency will provide the language access services required by subdivision a.
3. consider the following factors in developing such implementation plan: (a) the number or proportion of limited English proficiency persons in the eligible service population; (b) the frequency with which limited English proficiency individuals come into contact with the agency, including the evaluation conducted pursuant to paragraph 4 of this subdivision; (c) the importance of the benefit, service, information, or encounter to the limited English proficiency person (including the consequences of lack of language services or inadequate interpretation or translation); and (d) the resources available to the agency and the costs of providing various types of language services.
4. incorporate an evaluation of the language access needs of the service population, or likely service population, of such agency, and consider under what circumstance some or all of the direct public services of such agency should be provided in a language or languages supplemental to the designated citywide languages. Such evaluation should consider any available data on the service population of such agency, including but not limited to (i) relevant survey data collected pursuant to paragraph 1 of subdivision i of section 15 of the charter, (ii) language data collected by such agency through intake processes or other processes for collecting client, applicant or participant information, and (iii) the data collected by such agency on language access services rendered or requested. Such evaluation should also consider any information collected pursuant to paragraph 3 of subdivision c of section 15 of the charter.
5. incorporate planning to address language access needs in the agency's emergency preparedness and response, including (i) planning to address a sudden increase in the need for language access services in a language other than a designated citywide language, such as an increase due to an emergency within the city of New York that disproportionately impacts speakers of a particular language; and (ii) listing the types of materials that such agency may disseminate in an emergency;
6. incorporate consideration of language access in agency communications, including emergency notifications, public hearings and events, press releases, and other communications to the public;
7. incorporate plain language principles for documents most commonly distributed to the public that contain or elicit important and necessary information regarding the provision of basic city services and the enforcement of laws and rules, and for other public communications, by using plain language, where possible, in place of technical, legal, or specialized terms, and by using layout and design strategies to make such documents and communications easier to read, understand, and act upon;
8. incorporate the training of frontline workers and managers, including inspectors and other enforcement staff, on language access policies and procedures;
9. incorporate appropriate public awareness strategies regarding the agency's language access services;
10. include a process to monitor and timely respond to public complaints regarding language access;
11. determine such agency's capacity with regard to providing language access services, both through agency staffing and contracts with third parties; and
12. describe the steps by which such agency's language access policy will be effectuated, provided that for any designated citywide language for which such agency does not provide language access services at the time of the enactment of this section, such agency shall provide such services (i) by July 1, 2020 for purposes of issuing a license, permit or registration, and (ii) by July 1, 2018 for all other purposes of this section.
c. Each covered agency shall provide for telephonic interpretation services in at least 100 languages, including both common and esoteric languages as identified by the office of the language services coordinator.
d. Each covered agency shall update its language access implementation plan, based on changes in the agency's service population or services, at least every three years and publish such implementation plan on its website.
(L.L. 2017/030, 3/18/2017, eff. 7/1/2017; Am. L.L. 2023/013, 1/21/2023, eff. 5/21/2023; Am. L.L. 2023/015, 1/21/2023, eff. 5/21/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/030 and L.L. 2023/013.
