Letter Report On The New York City Department Of Environmental Protection’s Compliance With Local Law 25 Of 2016 Regarding Translation Of Agency Website

Executive Summary

This Letter Report concerns the New York City Comptroller’s audit of the New York City Department of Environmental Protection’s (DEP’s) compliance with Local Law 25, which governs the translation of websites of New York City agencies.  The objective of this audit was to determine whether DEP is complying with Local Law 25, which is intended to make City agencies, and ultimately the City as a whole, more accessible to foreign-born residents whose primary language is not English.  Our audit of DEP is one in a series of audits we are conducting on the City’s compliance with Local Law 25.

New York City, with a population of more than 8.5 million people, is home to one of the most diverse populations in the world, with more than 3.2 million foreign-born residents from more than 200 countries.  According to the New York City Department of City Planning (DCP), nearly one-half of all New Yorkers speak a language other than English at home, and almost 25 percent of City residents age five and over, or 1.8 million persons, are not proficient in English.  For individuals with limited English proficiency, interacting with City government can often be a challenge.

Most City agencies have a significant presence on the internet and rely on agency websites to both provide information to and interact with the public.  Accordingly, in 2016, Mayor de Blasio signed Local Law 25, amending the City’s Administrative Code in relation to citizens’ ability to access translation of City websites.  Local Law 25 requires that every website maintained by or on behalf of a City agency include a translation service enabling users to view the text of that website, wherever practicable, in languages other than English.  It also requires that the translation service be identifiable in a manner that is comprehensible to speakers of the seven most commonly spoken languages in the city.  As determined by the Department of City Planning, the seven most commonly spoken languages in New York City amongst residents with limited English proficiency are:

1. Spanish

2. Chinese (includes Cantonese, Mandarin, Taiwanese, and Formosan)

3. Russian

4.  Bengali

5.  Haitian Créole

6.  Korean

7.  Arabic

Thereafter, with the City’s enactment of Local Law 30 of 2017, as of July 1, 2017 through the present, all City agencies that provide direct public services or emergency services, including DEP, must develop and implement Language Access Plans, in consultation with the Mayor’s Office of the Language Services Coordinator and the Mayor’s Office of Immigrant Affairs, that include translation and interpretation services in the top 10 limited English proficiency (LEP) languages—the 6 designated by DCP and 4 others determined by the Mayor’s Office of the Language Services Coordinator, based on language access data collected by the City Department of Education. DEP’s Language Access Plan accordingly adopted Local Law 30’s 10-LEP language standard for purposes of providing direct public access via translation services through its website. The 10 designated Citywide in New York City among residents with limited English proficiency are:

1.  Spanish

2.  Chinese (includes Cantonese, Mandarin, Taiwanese, and Formosan)

3.  Russian

4.  Bengali

5.  Haitian Créole

6.  Korean

7.  Arabic

8.  Urdu

9. French

10. Polish

DEP’s responsibility is to protect public health and the environment by supplying clean drinking water, collecting and treating wastewater, and reducing air, noise, and hazardous material pollution.  DEP manages the City’s water supply; builds and maintains the City’s water distribution network, fire hydrants, storm and sanitary sewage collection systems, and green infrastructure systems; and manages the 14 in-City wastewater treatment plants and 7 treatment plants in the upstate watershed.  DEP also implements federal Clean Water Act rules and regulations, handles hazardous material emergencies and toxic site remediation, oversees asbestos monitoring and removal, enforces the City’s air and noise codes, bills and collects on water and sewer accounts, and manages the Citywide water conservation programs.

Audit Findings and Conclusions

Our audit found that DEP generally complies with Local Law 25. DEP’s website, found at https://www1.nyc.gov/site/dep/index.page, includes a translation feature for viewing text and essential information in various languages, including the above-noted top 10 languages.  DEP’s website also provides important information regarding its functions and services, which includes, but is not limited to, information pertaining to DEP’s various divisions, office locations, contact information, forms, brochures, annual drinking water quality reports, delinquency notices, business letters sent to customers regarding their water and sewage charges, notifications regarding discolored water and water shutoff and information on rain gardens (environmental projects).  All essential information can be translated and viewed in each of the top 10 noted languages.

DEP’s  most frequently requested documents can be translated and downloaded in the 10 most-requested languages (Spanish, Chinese, Russian, Bengali, Haitian Créole, Korean, Arabic, Urdu, French, and Polish) according to DEP’s Language Access Plan 2018.   We reviewed and successfully translated the following documents into DEP’s 10 most requested languages:

·   Annual Drinking Water Quality Report

·   Information on Air Pollution and Regulations

·   Information on Climate Resiliency

·   Information on Combined Sewer Overflow

·   Information on Flood Prevention

·   Information on Rain Gardens Program

·   Information on Safe Disposal of Harmful Products

·   Information on Air Complaint Program

·   Protecting Our Water Brochure

·   Rain Garden Brochure

·   Dry Cleaning Guide

DEP provides translation and interpretation services in all of its locations that interact with the general public, including its five Borough Business Centers located in Manhattan, Bronx, Brooklyn, Queens, and Staten Island.

Audit Recommendations

The audit recommends that DEP continue to maintain its compliance with Local Law 25 to ensure it effectively meets the needs of residents with limited English proficiency when accessing city services online and that all essential documents are translated as required.

Agency Response

In its response, DEP agreed with the audit’s findings and recommendation, stating, “DEP will continue to comply with Local Law 25 to effectively meet the needs of New Yorkers with limited English proficiency when accessing DEP’s services.”