APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
INTRODUCED BY COUNCILMEMBERS BROWN AND WANG
RESOLUTION IN SUPPORT OF CALIFORNIA ASSEMBLY BILL 1242
(NGUYEN) WHICH WOULD (1) ESTABLISH A LANGUAGE ACCESS
DIRECTOR WITHIN THE CALIFORNIA HEALTH AND HUMAN
SERVICES AGENCY TO COORDINATE AND OVERSEE AGENCY -
WIDE LANGUAGE ACCESS EFFORTS, AND ENSURE THERE IS
HUMAN REVIEW WHEN USING ARTIFICIAL INTELLIGENCE FOR
TRANSLATION OR INTERPRETATION, AND (2) AMEND THE
DYMALLY-ALATORRE BILINGUAL SERVICES ACT TO IMPROVE
THE DETERMINATION OF LANGUAGES COVERED BY STATE AND
LOCAL AGENCIES
WHEREAS, California is home to one of the most linguistically diverse populations in the country, with residents speaking over 200 languages, variants, and dialects; nearly 6.4 million Californians have limited English proficiency (LEP), making up the largest population with LEP in the nation; and almost 44% of the population speak a language other than English at home; and
WHEREAS, in Oakland, almost 40% of residents speak a language other than English at home, and almost 35% of Oakland Unified School District students are considered English Language Learners; and
WHEREAS, a lack of culturally and linguistically appropriate services is a barrier to equitable access, and language barriers can create significant obstacles to obtaining essential health care services and understanding your rights, responsibilities, and available benefits; and
WHEREAS, numerous studies have documented the health disparities experienced by individuals with LEP, including miscommunication with providers, lower satisfaction with care, and worse health outcomes; and
WHEREAS, in 1973, the state enacted the Dymally -Alatorre Bilingual Services Act, which requires state agencies serving a substantial number of non -English speaking people to provide services and materials in those individuals’ languages, and additional laws and poli cies have reinforced our commitment to in-language access; and
2 WHEREAS, machine, online, and artificial intelligence ( AI) translation systems have made significant progress, but persistent errors highlight their limitations in accurately translating and interpreting between languages, such as contextual errors, cultural insensitivity, and unfamiliarity with idioms; and evolving safeguards are necessary to ensure language access to critical services while these technologies improve; and
WHEREAS, California Executive Order N -16-22 called for s tronger language access across state agencies, and the California Health and Human Services Agency (CalHHS) released a Language Access Policy and Guidance Document in 2023, but the agency lacks a Language Access Director to ensure implementation and accountability; and
WHEREAS, California Assembly Bill (AB) 1242 , introduced by Assemblymember Stephanie Nguyen, establishes a Language Access Director at CalHHS whose responsibilities include implementing agency Language Access Plan s, submi tting a biennial language access report to the legislature, and ensuring that there is human review when using machine, online , or AI-generated language assistance for both interpretation and translation services; and
WHEREAS, AB 1242 amends the Dymally-Alatorre Bilingual Services Act to improve the determination of languages covered by state and local agencies through the use of relevant data sources, including but not limited to the most recent data from the U.S. Census Bureau, the state Department of Education, the state Department of Finance, and community-level input; and
WHEREAS, by beginning to close long -standing gaps in language access oversight and coordination, AB 1242 will help eliminate avoidable disparities, improve health outcomes, and reduce costs across the system while advancing health equity for millions of Californians ; now, therefore, be it
RESOLVED: That the City of Oakland supports AB 1242 (Nguyen) in the California State Legislature; and be it
3 FURTHER RESOLVED: That the City Council directs the City Administrator to immediately distribute this Resolution upon its adoption to Governor Gavin Newsom and State Assemblymember Stephanie Nguyen.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3427013/LL