Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2125 Compare Versions

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2	2	SENATE DOCKET, NO. 1757 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 2125
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to language access and inclusion.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkJason M. LewisFifth Middlesex2/4/2025James B. EldridgeMiddlesex and Worcester2/11/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/18/2025John F. KeenanNorfolk and Plymouth2/21/2025Michael D. BradySecond Plymouth and Norfolk3/3/2025 1 of 25
16	16	SENATE DOCKET, NO. 1757 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 2125
18	18	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2125) of Sal N. DiDomenico,
19	19	Jason M. Lewis, James B. Eldridge, Joanne M. Comerford and other members of the Senate for
20	20	legislation relative to language access and inclusion. State Administration and Regulatory
21	21	Oversight.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1990 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to language access and inclusion.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 [Legislative Statement]
33	33	2 Consistent with Title VI of the Civil Rights Act of 1964, Executive Order No. 13166 and
34	34	3federal rules and regulations adopted in implementation thereof, this legislation seeks to codify
35	35	4and expand federally enacted protections for Limited English Proficient (LEP) and deaf or hard
36	36	5of hearing persons to receive equal access to services, programs, and activities from public-
37	37	6facing state agencies of the Commonwealth.
38	38	7 SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section
39	39	8222 the following section:- 2 of 25
40	40	9 Section 223. The office of access and opportunity.
41	41	10 (a)There shall be within the office of the governor an office of access and
42	42	11opportunity (the “OAO”) to ensure ready access to the status of and advise on the work
43	43	12conducted by the OAO.
44	44	13 (b)The OAO shall be led by a deputy chief, access and opportunity (the “deputy
45	45	14chief”), who shall be appointed by the governor and directly report to the governor’s chief of
46	46	15staff. The deputy chief shall advise the governor and the cabinet and work to foster within state
47	47	16government non-discrimination and equal opportunity for all irrespective of race, color, age,
48	48	17gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry,
49	49	18national origin, disability, veteran or active military status (including Vietnam-era veterans), or
50	50	19socio-economic background.
51	51	20 (c)There shall be a steering committee on access and opportunity (the “steering
52	52	21committee”) which the deputy chief will chair and convene regularly for advice on the state of
53	53	22access and opportunity across the executive branch and how best to achieve goals of the OAO.
54	54	23The steering committee shall include: the chief human resources officer, human resources
55	55	24division; assistant secretary, operational services division; executive director of the
56	56	25Massachusetts supplier diversity office; director of office of diversity and equal opportunity;
57	57	26director of Massachusetts office on disability; commissioner, division of capital asset
58	58	27management and maintenance; director, compliance unit, division of capital asset management
59	59	28and maintenance; the chief operating officer, Massachusetts Department of Transportation;
60	60	29deputy director, office on diversity and civil rights, Massachusetts Department of Transportation;
61	61	30secretary of the Executive Office of Labor and Workforce Development or their designee; 3 of 25
62	62	31secretary of the Executive Office of Veterans’ Services or their designee; and representative(s)
63	63	32designated by the Secretary of the Executive Office of Education.
64	64	33 (d)The deputy chief shall have the following responsibilities:
65	65	34 (1)collaborate with and maximize relevant initiatives, work and potential of all
66	66	35existing executive branch agencies, offices and resources with the explicit goal of:
67	67	36 (i)increasing the total number of and dollar volume earned by MBEs, WBEs, and
68	68	37DBEs contracting with or doing business for the state; and
69	69	38 (ii)maintaining or increasing the number of minorities, veterans and individuals with
70	70	39disabilities who are state employees;
71	71	40 (2)develop with partnering agencies and offices, in consultation with the Steering
72	72	41Committee:
73	73	42 (i)an integrated body of policies and actions that reflect best practices and remove
74	74	43barriers to advance non-discrimination and equity in access to and opportunity in employment,
75	75	44procurement and the provision of services within state government;
76	76	45 (ii)ideas on how best to implement and incentivize compliance with such policies
77	77	46and procedures; and
78	78	47 (iii)performance metrics focused on outcomes, such as increasing the total number of
79	79	48and dollar volume earned by MBEs, WBEs, DBEs contracting with or doing business for the
80	80	49state; and maintaining or increasing the number of minority, veterans and individuals with
81	81	50disabilities who are state employees; 4 of 25
82	82	51 (3)convene meetings of key offices, individuals and external stakeholders as needed
83	83	52to accomplish specified objectives, resolve issues, and make and implement recommendations;
84	84	53 (4)identify state laws and regulations that obstruct or frustrate the state’s ability to
85	85	54provide within its own operations equity in access and opportunity for all persons;
86	86	55 (5)serve as a liaison to pertinent commissions, councils, task forces and offices
87	87	56throughout state government as needed to accomplish and advance the OAO’s goals; and
88	88	57 (6)develop for adoption administrative orders and bulletins to further the OAO’s
89	89	58goals, and prepare such other reports necessary to keep the Governor appropriately apprised of
90	90	59the work of the OAO.
91	91	60 (e)All state agencies shall provide assistance to the OAO by sharing information and
92	92	61expertise, as requested.
93	93	62 SECTION 2. The General Laws are hereby amended by inserting after chapter 6E the
94	94	63following chapter:
95	95	64 CHAPTER 6F.
96	96	65 LANGUAGE ACCESS AND INCLUSION.
97	97	66 Section 1. Definitions. For the purposes of this Act, the following terms shall have the
98	98	67following meanings —
99	99	68 “Auxiliary aids and services” mean items, equipment or services that provide effective
100	100	69communication access for persons with communication disorders including but not limited to
101	101	70persons who are deaf, hard of hearing, late deafened or blind. 5 of 25
102	102	71 “Culturally competent” means having a set of behaviors, attitudes and policies that
103	103	72enables effective work in cross-cultural situations which respects and responds to an individual
104	104	73person’s culture and language, in a nonjudgmental and supportive manner, considering the
105	105	74service recipient as an individual and not making assumptions based on perceived or actual
106	106	75membership in any group or class.
107	107	76 “Equal access” means to be informed of, participate in, and benefit from public programs
108	108	77or services offered by a public-facing state agency, at a level equal to English proficient persons.
109	109	78 “Language access plan” is an administrative blueprint that defines the obligations and
110	110	79action plan of a public-facing state agency to comply with this Act. The plan shall outline all
111	111	80policies, procedures, and guidance enacted to ensure the provision of language access services as
112	112	81a constitutive element of equal access to state benefits, services, and activities. The plan shall
113	113	82also establish deadlines by which remedial or proactive actions to ensure language access will
114	114	83be taken, identify personnel responsible for implementation of the plan and establish priorities
115	115	84relative to the implementation of these plans.
116	116	85 “Language access services” means oral language services and written translation
117	117	86services, including auxiliary aids and services.
118	118	87 “Limited English proficient” or “LEP” are persons whose primary language is not
119	119	88English or who have a limited ability to speak, read, write or understand English.
120	120	89 “Machine translation” is when computer software is utilized for the automated translation
121	121	90of a text from one language to another and vice versa without human intervention. 6 of 25
122	122	91 “Oral interpretation” means the act of listening, understanding and analyzing a spoken
123	123	92message in one language and re-expressing that message faithfully, accurately and objectively in
124	124	93another language and vice versa, enabling communication between two or more persons who do
125	125	94not speak one another’s languages.
126	126	95 “Oral language services” means the various methods of providing verbal information and
127	127	96interpretation through staff interpreters, bilingual or multilingual staff, telephone interpreter
128	128	97services, or private interpreter services.
129	129	98 “Outside service providers” include, but are not limited to, organizations or other persons
130	130	99that formally or informally, through direct or in-kind compensation, contracts, provides, or
131	131	100administers services which the relevant public-facing state agency is required to provide or
132	132	101requires, recommends or refers its clients to utilize.
133	133	102 “Primary language” means the language in which an LEP person can most effectively
134	134	103and comfortably communicate.
135	135	104 “Public contact position” means a position determined by the public-facing state agency
136	136	105to be one that includes meeting, contacting and dealing with the public in the performance of the
137	137	106agency's functions.
138	138	107 “Public-facing state agency” means a Massachusetts executive office, department, or
139	139	108division thereof that provides assistance, services or information to the public. Any state agency
140	140	109included in the implementation schedule of this Act shall be identified as a “public-facing state
141	141	110agency” or when deemed as such under Section 9(a)(6) of this Act. 7 of 25
142	142	111 “Qualified bilingual employee” means a staff person who is proficient in both the English
143	143	112language and a non-English language. Qualified bilingual employees may be categorized as
144	144	113“Tier 1 Bilingual Employees” or “Tier 2 Bilingual Employees”.
145	145	114 “Qualified interpreter” is a person who is fluent in both the English language and a non-
146	146	115English language and who, by certification, training or experience, is able to (1) perform
147	147	116consecutive interpretation; (2) maintain the tone, style, and complex meaning of speech from one
148	148	117language to another and vice versa; (3) convey cultural nuances; and (4) remain impartial in all
149	149	118interpreted interactions.
150	150	119 “Qualified multilingual employee” means a staff person who is proficient in the English
151	151	120language and more than one non-English language. Qualified multilingual employees may be
152	152	121categorized as “Tier 1 Multilingual Employees” or “Tier 2 Multilingual Employees”.
153	153	122 “Qualified translator” means a person who is fluent in writing, reading and proofreading
154	154	123in both the English language and a non-English language and who, by certification, training or
155	155	124experience is able to (1) render a text from one language into another language and vice versa;
156	156	125(2) maintain the tone, style and complex meaning of the original text from one language to
157	157	126another and vice versa; (3) convey cultural nuances; and (4) remain impartial in the translation
158	158	127process.
159	159	128 “Vital document” means a document or communication, in print or digital form,
160	160	129containing information that, if not provided accurately or in a timely manner, affects a person’s
161	161	130rights or access to, retention in, denial or termination of services, benefits or programs,
162	162	131including, but not limited to, applications, consent forms; complaint forms; intake forms;
163	163	132informational material on eligibility for benefits; notices; requests for documentation or 8 of 25
164	164	133information; documents that must be provided by law; and notices regarding the availability of
165	165	134free language assistance services for LEP persons.
166	166	135 “Written translation” means the rendering of a written text from one language to an
167	167	136equivalent written text of another language.
168	168	137 Section 2. Communications with the public.
169	169	138 (a) A public-facing state agency shall provide equal access to services, programs,
170	170	139and activities serving limited English proficient and deaf or hard of hearing persons by the
171	171	140provision of the following services:
172	172	141 (1) Oral interpretation and auxiliary aids and services
173	173	142 (i)A public-facing state agency shall provide timely, culturally competent oral
174	174	143language services to all LEP persons or auxiliary aids and services to deaf or hard of hearing
175	175	144persons who seek to access state services, programs, or activities or those of outside service
176	176	145providers.
177	177	146 (ii)A public-facing state agency shall notify every person of their right to timely oral
178	178	147interpretation in their primary language or auxiliary aids and services, regardless of their status
179	179	148as an inquirer into, applicant for, recipient or beneficiary of a state service, program, or
180	180	149information.
181	181	150 (iii)A public-facing state agency shall utilize qualified interpreters or Tier 1 bilingual
182	182	151or multilingual employees to provide oral language services or auxiliary aids and services. 9 of 25
183	183	152 (iv)A public-facing state agency may contract with telephone-based interpretation
184	184	153services or community-based organizations to provide interpretation to LEP and deaf or hard of
185	185	154hearing persons or utilize Tier 1 bilingual or multilingual employees.
186	186	155 (v)A public-facing state agency that contracts or utilizes an outside service provider
187	187	156to fulfill the agency’s responsibilities to the public shall ensure that the outside service provider
188	188	157implements the requirements of Section 2(a)(1) of this Act.
189	189	158 (2)Written translation
190	190	159 (i)A public-facing state agency shall issue vital documents in the following
191	191	160languages: Arabic, Cape Verdean Creole, Chinese (Simplified and Traditional), French, Haitian
192	192	161Creole, Khmer, Korean, Portuguese, Russian, Spanish, Vietnamese and any other languages
193	193	162deemed necessary by the agency’s assessments required under Section 4 of this Act.
194	194	163 (ii)A public-facing state agency shall translate all notices and materials that explain
195	195	164its services in the languages stated in Section 2(a)(2)(i) of this Act..
196	196	165 (iii)A LEP person whose primary language is not required to be translated into
197	197	166writing under Section 2(a)(2)(i) of this Act is entitled to the oral interpretation of vital
198	198	167documents, notices and materials into their primary language.
199	199	168 (iv)A public-facing state agency shall utilize qualified translators or Tier 1 bilingual
200	200	169or multilingual employees, to translate vital documents.
201	201	170 A) State agencies shall not solely rely on machine translation to translate vital
202	202	171documents. 10 of 25
203	203	172 B) State agencies shall have qualified translators or Tier 1 bilingual or multilingual
204	204	173employees verify all translations of vital documents generated through machine translation
205	205	174before such documents are published, conveyed, sent, or posted.
206	206	175 (v)A public-facing state agency that contracts or utilizes an outside service provider
207	207	176to fulfill the agency’s responsibilities to the public shall ensure that the outside service provider
208	208	177implements the requirements of Section (2)(a)(2) of this Act.
209	209	178 (3)Websites
210	210	179 (i)If a public-facing state agency maintains one or more websites for use by the
211	211	180public, the agency shall provide the website in the following languages: Arabic, Cape Verdean
212	212	181Creole, Chinese (Simplified and Traditional), French, Haitian Creole, Khmer, Korean,
213	213	182Portuguese, Russian, Spanish, Vietnamese and any other languages deemed necessary by the
214	214	183agency’s assessments required under Section 4 of this Act.
215	215	184 A) The state agency shall ensure that its websites and online application materials are
216	216	185mobile compatible and that they satisfy or exceed the official Federal Plain Language
217	217	186Guidelines, March 2011, Rev. 1, May 2011 for the Plain Writing Act of 2010.
218	218	187 (ii) Agencies shall not solely rely on machine translation to translate its websites.
219	219	188 A) A public-facing state agency shall utilize qualified translators or Tier 1 bilingual or
220	220	189multilingual employees to verify the translation of its websites for accuracy.
221	221	190 (iii) A public-facing state agency that maintains one or more websites for use by the
222	222	191public shall (1) provide forms and instructions for submitting complaints of alleged violations of 11 of 25
223	223	192this Act; (2) link such and instructions on the homepage of the state agency’s website; and (3)
224	224	193translate all such forms and instructions into the languages listed in Section 2(a)(3)(i) of this Act.
225	225	194 Section 3. Language access plan.
226	226	195 (a) A public-facing state agency shall develop a language access plan every 2 years based
227	227	196on community and agency assessments required by Section 4 of this Act, to guide the provision
228	228	197of language access services to LEP and deaf or hard of hearing persons. When drafting the
229	229	198language access plan, a public-facing state agency shall ensure that:
230	230	199 (1) a summary of the rights of LEP and deaf or hard of hearing persons to oral
231	231	200interpretation or auxiliary aids and services, respectively, and the public-facing state agency’s
232	232	201obligations to protect these rights are detailed at the outset of the language access plan;
233	233	202 (2) the mandated translated languages are listed, as required by Section 2(a)(2)(i) and
234	234	203Section 2(a)(3)(i);
235	235	204 (3) a plan of action is instituted for the implementation of all provisions of Sections 2, 4,
236	236	2055 and 7 of this Act;
237	237	206 (4) the plan is made publicly available in the translated languages required by Section
238	238	2072(a)(2) on the main page of the public-facing state agency’s website and in its central and local
239	239	208offices; and
240	240	209 (5) a complaint process is developed with complaint forms that are publicly accessible on
241	241	210the main page of the public-facing state agency’s website and in its central and local offices.
242	242	211 Section 4. Assessments. 12 of 25
243	243	212 (a) Community needs assessment.
244	244	213 (1) A public-facing state agency shall conduct a community needs assessment every 2
245	245	214years that compiles data on the language composition of the agency’s eligible populations,
246	246	215including American Sign Language. The community needs assessment shall also collect data on
247	247	216the engagement and interaction of eligible populations with the public-facing state agency. The
248	248	217agency shall determine:
249	249	218 (i) the percentage of the eligible service population who are LEP or deaf or hard of
250	250	219hearing;
251	251	220 (ii) the primary languages used by LEP or deaf or hard of hearing persons in all
252	252	221geographic areas the agency serves its eligible populations ;
253	253	222 (iii) the frequency with which the agency provides services to LEP or deaf or hard of
254	254	223hearing persons;
255	255	224 (iv) all points of contact whereby the eligible populations can engage with the public-
256	256	225facing state agency; and
257	257	226 (v) all potential language or language-related barriers that may arise in the engagement of
258	258	227eligible populations with the public-facing state agency.
259	259	228 (b) Internal state agency assessments.
260	260	229 (1) A public-facing state agency shall conduct a language services inventory every 2
261	261	230years to identify available language services and staff to serve LEP persons and deaf or hard of
262	262	231hearing persons. A public-facing state agency shall: 13 of 25
263	263	232 (i) determine the number of qualified bilingual or multilingual employees in public
264	264	233contact positions in each central and local office, who can provide linguistically, culturally and
265	265	234technically proficient language access services. This data shall be disaggregated by language and
266	266	235by the Tier 1 and Tier 2 classification required by Section 5(b)(3) of this Act.
267	267	236 (ii) detail the language access services, including technology and equipment, available
268	268	237within the state’s resources or under state contracts, including in-person interpretation, telephone
269	269	238interpretation, video interpretation, translation and auxiliary aids and services.
270	270	239 (2) A public-facing state agency shall generate a language access status report every 2
271	271	240years of each of its statewide and local offices evaluating the agency’s capacities in serving LEP
272	272	241and deaf or hard of hearing persons. This status report shall include the following:
273	273	242 (i) a calculation of the percentage of LEP and deaf or hard of hearing persons presently
274	274	243served by the public-facing state agency’s central and local offices, categorized by primary
275	275	244language;
276	276	245 (ii) a determination of whether the current oral language and written translation services
277	277	246are effectively meeting the language needs of LEP persons served by the public-facing state
278	278	247agency;
279	279	248 (iii) a determination of whether the current auxiliary aids and services are effectively
280	280	249meeting the language needs of deaf or hard of hearing persons served by the public-facing state
281	281	250agency;
282	282	251 (iv) a description of the agency’s procedures for identifying vital documents for
283	283	252translation; 14 of 25
284	284	253 (v) an evaluation of whether contracted interpreter services are effectively meeting the
285	285	254language needs of LEP and deaf or hard of hearing persons;
286	286	255 (vi) an evaluation of operational protocols for staff to effectively access language access
287	287	256services as outlined in Section 5(c) of this Act;
288	288	257 (vii) an evaluation of staff proficiency to effectively and appropriately utilize language
289	289	258access services as outlined in Section 5(c) of this Act;
290	290	259 (viii)a description of any language access training the public-facing state agency
291	291	260provides to its staff to ensure the agency is effectively serving provision of services to LEP and
292	292	261deaf or hard of hearing persons individuals, including the frequency of training, and date of most
293	293	262recent training;
294	294	263 (ix) a determination of whether the allocation and assignment of qualified bilingual and
295	295	264multilingual employees to central and local offices is effectively meeting the identified language
296	296	265needs in those offices;
297	297	266 (x) an evaluation of agency procedures for recruiting and retaining qualified bilingual or
298	298	267multilingual employees in central and local offices; and
299	299	268 (xi) a description of the public-facing state agency’s procedures for receiving and
300	300	269resolving complaints regarding language access as well as the number of complaints received.
301	301	270 (c) The assessments in this Section shall be completed prior to the drafting of the
302	302	271language access plan as required by Section 3 of this Act. The results of these assessments shall
303	303	272inform all content, policies, recommendations and guidance in the language access plan.
304	304	273 Section 5. Personnel. 15 of 25
305	305	274 (a) Language access coordinator.
306	306	275 (1) A public-facing state agency shall designate a language access coordinator whose sole
307	307	276responsibility on a full-time basis shall be to address language access needs and the public-facing
308	308	277state agency’s compliance with this Act, in consultation with the language access advisory board
309	309	278established in Section 6 of this Act.
310	310	279 (2) Language access coordinators shall maintain a centralized, electronic, searchable
311	311	280language access database of the following:
312	312	281 (i) all formal and informal requests for language access services and the status of those
313	313	282requests;
314	314	283 (ii) all language access-related complaints, including complaints of language
315	315	284discrimination and/or disability discrimination in cases of the deaf or hard of hearing;
316	316	285 (iii) the status and progress of all such requests and complaints;
317	317	286 (iv) the resolution of all such requests and complaints, including decisions by the regional
318	318	287and central offices;
319	319	288 (v) the reasons for full and partial denials of requests for language services; and
320	320	289 (vi) the office(s) handling the relevant case or request for service.
321	321	290 (3) A public-facing state agency may also designate regional language access
322	322	291coordinators to address the language access needs of relevant regions and train the regions’ staff
323	323	292on compliance with this Act. 16 of 25
324	324	293 (i) Regional language access coordinators shall report to the language access coordinator
325	325	294of their respective public-facing state agency’s central office.
326	326	295 (b) Staffing.
327	327	296 (1) A public-facing state agency shall employ a sufficient number of qualified bilingual
328	328	297or multilingual employees in public contact positions or as interpreters to assist employees in
329	329	298public contact positions, to ensure the provision of information and services in a person’s
330	330	299primary language.
331	331	300 (2) A bilingual or multilingual staff member shall not provide interpretation in adversarial
332	332	301proceedings when the public-facing state agency that employs the bilingual or multilingual staff
333	333	302member is a party to the proceedings.
334	334	303 (3) A bilingual or multilingual staff member may provide language services to LEP and
335	335	304deaf or hard of hearing persons, in accordance with their skill level as determined by the
336	336	305language access coordinator. A state agency shall classify bilingual or multilingual employees
337	337	306into one of two tiers, and shall only provide interpretation services in accordance with that tier as
338	338	307follows:
339	339	308 (i) Tier 1 bilingual or multilingual employee: Tier 1 employees must have formal
340	340	309certification, training, or sufficient experience in interpretation in the specific subject matter. If
341	341	310the employer does not regularly employ a person that may be classified as a Tier 1 employee, the
342	342	311employer must hire a third-party contractor to fulfill the need for interpretation services Tier 1
343	343	312employees shall agree to abide by the ethical and confidentiality requirements for interpreters
344	344	313and translators in accordance with the American Translators Association Code of Ethics and
345	345	314Professional Practice. 17 of 25
346	346	315 (ii) Tier 2 bilingual or multilingual employee: Tier 2 employees have the language
347	347	316proficiency to communicate directly with LEP or deaf or hard of hearing persons regarding
348	348	317routine or common business matters. Tier 2 employees shall not serve as interpreters or
349	349	318translators.
350	350	319 (4) An employee of a public-facing state agency who regularly acts as an interpreter or
351	351	320translator shall be reasonably compensated for that additional work.
352	352	321 (5) A public-facing state agency shall ensure that all processes and procedures for staff to
353	353	322request language access services require minimal approval or documentation and are not overly
354	354	323burdensome.
355	355	324 (c) Training.
356	356	325 (1) Language access coordinators shall train employees about all processes and
357	357	326procedures needed to effectively obtain and utilize all language access services mandated by
358	358	327Section 2 of this Act as part of an employee’s onboarding process and on an annual basis
359	359	328thereafter.
360	360	329 (i) Training shall include (1) instruction on process and procedures for requesting
361	361	330language access service, (2) guidance on how to effectively work with interpreters or translators
362	362	331and (3) explanation of procedures for reporting deficiencies to language access services.
363	363	332 (2) A public-facing state agency shall ensure the provision of language access training for
364	364	333an outside service provider.
365	365	334 Section 6. Language access advisory board.
366	366	335 (a) Mission, organization and institution. 18 of 25
367	367	336 (1) There shall be a language access advisory board to provide guidance and technical
368	368	337assistance to public-facing state agencies in order to ensure equal access for LEP and deaf or
369	369	338hard of hearing persons to services, programs, and activities offered by a public-facing state
370	370	339agency.
371	371	340 (2) The board shall be co-chaired by a staff member from the office of access and
372	372	341opportunity, and one other member of the advisory board elected by the board.
373	373	342 (3) The members of the advisory board shall be appointed within 6 months of the
374	374	343effective date of this Act, and shall serve 4-year terms. Members whose terms have expired may
375	375	344serve until a successor is appointed.
376	376	345 (4) The board shall meet no less than 4 times annually.
377	377	346 (b) Composition.
378	378	347 (1) The language access advisory board shall include: 3 members appointed by the
379	379	348Massachusetts Immigrant and Refugee Advocacy Coalition from prevalent LEP populations
380	380	349within Massachusetts, as determined by the most recent United States Census data; 1 member
381	381	350appointed by the Disability Law Center from the deaf or hard of hearing community; 1 member
382	382	351appointed by the Massachusetts Law Reform Institute; 1 member appointed by the
383	383	352Massachusetts Appleseed Center for Law & Justice; 1 member appointed by the Massachusetts
384	384	353Language Access Coalition; 1 member appointed by Greater Boston Legal Services; 1 member
385	385	354appointed by the Justice Center of Southeast Massachusetts; 1 member appointed by MetroWest
386	386	355Legal Services; 1 member appointed by the Central West Justice Center; and 1 member
387	387	356appointed by the Northeast Justice Center. 19 of 25
388	388	357 (c) Advisory board responsibilities.
389	389	358 (1) The advisory board shall support public-facing state agencies to achieve compliance
390	390	359with this Act by:
391	391	360 (i) providing guidance and technical assistance to the state agencies;
392	392	361 (ii) advising language access coordinators of public-facing state agencies in the
393	393	362development and review of language access plans;
394	394	363 (iii) reviewing all assessments and surveys from state agencies as required by Section 4
395	395	364of this Act; and
396	396	365 (iv) providing recommendations to state agencies to reduce identified barriers for the LEP
397	397	366and deaf or hard of hearing persons.
398	398	367 (2) The language access advisory board, in formulating its recommendations, shall take
399	399	368into account the best practices and policies in other states and jurisdictions, and may undertake
400	400	369further steps to help state agencies achieve compliance with this Act.
401	401	370 Section 7. Reporting requirements.
402	402	371 (a) Upon a public-facing state agency’s full implementation of this Act as required by
403	403	372Section 11 and every 2 years thereafter, the agency shall submit to the office of access and
404	404	373opportunity and the language access advisory board the following:
405	405	374 (1) the community needs assessment as stated in Section 4(a)(1);
406	406	375 (2) the language services inventory as stated in Section 4(b)(1); and 20 of 25
407	407	376 (3) the language access plan as stated in Section 3.
408	408	377 (b) Upon a public-facing state agency’s full implementation of this Act as required by
409	409	378Section 11 and every 2 years thereafter, the agency shall submit the language access status report
410	410	379required by Section 4(b)(2) of this Act to the joint committee on ways and means, the joint
411	411	380committee on state administration and regulatory oversight, the office of access and opportunity
412	412	381and the language access advisory board.
413	413	382 (c) Upon a public-facing state agency’s full implementation of this Act as required by
414	414	383Section 11 and every year thereafter, the agency shall submit the language access database as
415	415	384outlined in Section 5(a)(2) to the office of access and opportunity and the language access
416	416	385advisory board.
417	417	386 (d) A public-facing state agency shall ensure, in reporting of all materials outlined in this
418	418	387Section, that the following standards are maintained:
419	419	388 (1) all data is disaggregated and cross-tabulated by primary language, disability status,
420	420	389race, ethnicity, age, gender and low-income status;
421	421	390 (2) all materials are made publicly available in the list of translated languages required by
422	422	391Section 2(a)(2);
423	423	392 (3)all materials are presented in plain language; and
424	424	393 (4)all data is presented in a manner that protects the privacy of all surveyed persons.
425	425	394 Section 8. Relief. 21 of 25
426	426	395 (a) Any person claiming to be aggrieved by a public-facing state agency for failure in the
427	427	396provision of language access services in order to provide equal access to services, programs, and
428	428	397activities of a public-facing state agency according to the provisions of this Act shall have the
429	429	398right to initiate and prosecute a civil action in the district, superior, housing, probate and family,
430	430	399Boston municipal or land court department for injunctive and other appropriate equitable relief
431	431	400or an award of actual and consequential damages.
432	432	401 (1) Should the person or persons prevail, they shall be entitled to an award of actual and
433	433	402consequential damages, that is the costs of the litigation including expert witness fees, reasonable
434	434	403attorneys' fees in an amount to be fixed by the court, and prejudgment and post judgment
435	435	404interest.
436	436	405 (b) The Massachusetts commission against discrimination may commence a civil action
437	437	406to seek relief for a violation of this Act.
438	438	407 (c) The attorney general may also commence a civil action to seek relief for a violation of
439	439	408this Act.
440	440	409 Section 9. Office of access and opportunity.
441	441	410 (a) The office of access and opportunity within the governor’s office shall have the
442	442	411following responsibilities:
443	443	412 (1) accept and investigate complaints submitted to the office of access and opportunity by
444	444	413persons who have been unable to obtain timely language access services in any public-facing
445	445	414state agency; 22 of 25
446	446	415 (2) provide copies of all complaints annually as required by Section 5(a)(2) of this Act to
447	447	416the language access advisory board;
448	448	417 (3) eliminate the language access barrier when an agency does not provide equal access
449	449	418using informal methods, including conference, conciliation, mediation, or persuasion. Where the
450	450	419language access barrier cannot be eliminated by informal methods, the office of access and
451	451	420opportunity shall submit written compliance requirements to the public-facing state agency. The
452	452	421office of access and opportunity may request the public-facing state agency to notify it within a
453	453	422specified time of any action taken on its requirements, and may require a public-facing state
454	454	423agency to increase the frequency of reporting required by Section 9(a)(2) of this Act every six
455	455	424months, as needed, or as requested by the language access advisory board;
456	456	425 (4) create, in consultation with the language access advisory board, multilingual signage
457	457	426informing LEP and deaf or hard of hearing persons of their right to free oral language services or
458	458	427auxiliary aids and services, for dissemination to state agencies
459	459	428 (5) shall promulgate regulations no later than 1 year after the effective date of this Act
460	460	429after receiving input from stakeholders and the language access advisory board; and
461	461	430 (6) identify additional state agencies that shall be subject to this Act upon its
462	462	431determination in consultation with the language access advisory board.
463	463	432 (i) This determination shall be made:
464	464	433 A) in the 5th year following the enactment of this Act and every 5 years thereafter or at
465	465	434the discretion of the office of access and opportunity in consultation with the language access
466	466	435advisory board; and, 23 of 25
467	467	436 B) by conducting an inventory and evaluation of newly formed and existing state
468	468	437agencies’ engagement with the public.
469	469	438 Section 10. Conflicting law.
470	470	439 (a) In the event any law of the Commonwealth prescribes stronger protections, the
471	471	440services, programs and activities of public-facing state agencies required by this Act shall be
472	472	441subject to the stronger protections.
473	473	442 SECTION 3. Public-facing state agencies shall comply with the requirements set forth in
474	474	443Sections 2, 3, 4, 5 and 7 of SECTION 2 of this Act in the manner established by the following
475	475	444implementation schedule:
476	476	445 (a) On or before the second year after enactment, there shall be implementation by each
477	477	446of the following public-facing state agencies and their divisions thereof:
478	478	447 (1) MassHealth;
479	479	448 (2) the department of children and families;
480	480	449 (3) the department of transitional assistance;
481	481	450 (4) the department of unemployment assistance; and
482	482	451 (5) all departments, divisions and offices within the executive office of housing and
483	483	452livable communities that administer emergency shelter assistance, rental assistance, housing
484	484	453subsidies or other housing benefits to state residents.
485	485	454 (b) On or before the third year after enactment, there shall be implementation by each of
486	486	455the following public-facing state agencies and their divisions thereof: 24 of 25
487	487	456 (1) the department of early education and care
488	488	457 (2) the registry of motor vehicles;
489	489	458 (3) the department of public health; and
490	490	459 (4) the department of mental health.
491	491	460 (c) On or before the fourth year after enactment, there shall be implementation by each of
492	492	461the following public-facing state agencies and their divisions thereof:
493	493	462 (1) the child support enforcement division of the department of revenue;
494	494	463 (2) the department of elementary and secondary education;
495	495	464 (3) the Massachusetts office on disability;
496	496	465 (4) the department of public utilities; and
497	497	466 (5) MassDigital.
498	498	467 (d) On or before the fifth year after enactment, there shall be implementation by each of
499	499	468the following public-facing state agencies and their divisions thereof:
500	500	469 (1) the department of revenue;
501	501	470 (2) the executive office of health and human services, specifically,
502	502	471 (i) the department of youth services,
503	503	472 (ii) the department of developmental services,
504	504	473 (iii) the executive office of elder affairs, 25 of 25
505	505	474 (iv) MassAbility,
506	506	475 (v) the office for refugees and immigrants;
507	507	476 (3) the executive office of labor and workforce development, specifically,
508	508	477 (i) the department of family and medical leave,
509	509	478 (ii) the department of industrial accidents; and
510	510	479 (4) the executive office of public safety and security, specifically,
511	511	480 (i) the Massachusetts department of correction,
512	512	481 (ii) the department of fire services,
513	513	482 (iii) the Massachusetts state police,
514	514	483 (iv) the Massachusetts emergency management agency,
515	515	484 (v) the state 911 department.
516	516	485 SECTION 4. This Act shall take effect upon passage.