(a) This section shall only apply to the following state agencies:
(1) The Department of Industrial Relations.
Terms Used In California Government Code 8310.7
- City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
- Contract: A legal written agreement that becomes binding when signed.
- County: includes city and county. See California Education Code 19428
- State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
- state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
(2) The Department of Fair Employment and Housing.
(3) To the extent funding is specifically appropriated for this purpose, the State Department of Public Health, on or after July 1, 2022, whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers.
(b) In addition to the duties imposed under Section 8310.5, the state agencies described in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall collect and tabulate data for the following:
(1) Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
(2) Additional major Native Hawaiian and other Pacific Islander groups, including, but not limited to, Fijian and Tongan.
(c) (1) The state agencies identified in subdivision (a) shall make any data collected pursuant to subdivision (b) publicly available, except as described in paragraph (2) for the department identified in paragraph (3) of subdivision (a), and except for personal identifying information, which shall be deemed confidential, by posting the data on the Internet Web site of the agency on or before July 1, 2012, and annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision (b) on the agency’s Internet Web site, in the manner prescribed by this section.
(2) The state department identified in paragraph (3) of subdivision (a) shall not report demographic data that would permit identification of individuals. The department may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(d) The state agencies identified in subdivision (a) shall, within 18 months after a decennial United States Census is released to the public, update their data collection to reflect the additional Asian groups and additional Native Hawaiian and Pacific Islander groups as they are reported by the United States Census Bureau.
(e) The state department identified in paragraph (3) of subdivision (a) shall not report demographic data that would result in statistical unreliability.
(f) The state department identified in paragraph (3) of subdivision (a) may continue to collect and report demographic data in the form that the data was submitted if the data was collected under either of the following circumstances:
(1) Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(2) Demographic data collected by other entities, including either of the following:
(A) State offices, departments, and agencies not included in subdivision (a).
(B) Third-party entity administered surveys not solely funded by the state department.
(Amended by Stats. 2016, Ch. 607, Sec. 1. (AB 1726) Effective January 1, 2017.)