Advocates urge stronger language-access, disability and environmental‑justice protections during Civil Rights Council hearing on section 11135

BERKELEY / SACRAMENTO — Dozens of advocates told the Civil Rights Council on April 3 that proposed regulations to implement Government Code section 11135 should provide clearer language‑access rules, stronger protections for people with disabilities, and explicit coverage for environmental‑justice harms.

The council opened the public hearing on the 11135 rule package and invited testimony and written comments. The hearing is part of a formal rulemaking record; staff said written comments will be accepted until 5 p.m. on April 3, 2023, and the council will respond to comments in its final statement of reasons.

Disability Rights California staff attorney Kendra Mueller said the regulations ‘‘contain much‑needed guidance’’ and applauded the council’s attention to intersectional harms, saying the rules should ensure that people with disabilities can access state programs without segregation or denial of equal access. ‘‘These regulations are not only a theoretical framework, but a concrete action that provides protection to their civil rights every day,’’ she said.

Several commenters urged clear standards for interpreters and human review of machine translation. Cynthia Martinez of California Rural Legal Assistance described situations where untrained, ad‑hoc interpreters provided only summaries to limited‑English speakers and urged a rule requiring qualified interpreters and prohibiting unreviewed machine translations.

‘‘Qualified interpreters prepare for assignments, sign confidentiality agreements and transmit messages without adding or deleting meaning,’’ Martinez said. Fausto Sanchez, a community worker, illustrated the complexity of indigenous languages such as Mixteco and urged agencies to match interpreters by municipal or town origin to avoid mistranslation.

Legal aid and civil‑rights groups pushed for clear coverage rules. Claudia Center of the Disability Rights Education and Defense Fund urged language in section 14020 to make coverage trigger when any part of an entity receives state support, aligning state rules with the federal Civil Rights Restoration Act standard and avoiding overly narrow judicial readings.

Thomas Coleman of the Spectrum Institute said courts and court staff often fail to provide accommodations for people with mental and developmental disabilities and urged the council to require an ‘‘interactive process’’ when a disability is known or obvious and to permit ‘‘next friend’’ or protection‑and‑advocacy agencies to file administrative complaints on behalf of incapacitated people.

Environmental‑justice speakers including Richard Grow and Ashley Werner urged the council to coordinate with federal Title VI and environmental‑justice initiatives and to ensure the regulations address facility siting, permitting and program decisions that have disparate effects on low‑income communities of color.

Multiple speakers noted the practical challenge of implementation, asking the council to provide guidance and to work with agencies that will need additional capacity to comply. Several organizations signed a coalition comment letter submitted to the council; staff also reported additional written letters from groups including the Youth Law Center, ACLU and the National Housing Law Project.

Chair Gabriel Sandoval closed the oral testimony and reminded attendees that the record will include transcribed testimony and written comments. The council has not yet taken final action; the rulemaking will proceed through the administrative process, and the council will publish responses to comments as part of the final rule package.

What happens next: written comments submitted by 5 p.m. April 3 will be part of the official rulemaking record; the council and staff will review comments and may propose further modifications before filing with the Office of Administrative Law for the next formal steps.