Bill would make a modest adjustment to California Public Records Act response timeline

By Johnnie Pina, legislative advocate, and Brian Hendershot, Cal Cities Advocate managing editor 

The Assembly Judiciary Committee on Tuesday approved AB 1821 (Pacheco), a bill that would provide an important, practical clarification about the California Public Records Act. Cal Cities is co-sponsoring the bill, along with the California State Association of Counties (CSAC) and the California Municipal Clerks Association. The bill is also supported by other local government and education organizations.

The California Public Records Act is a vital tool that allows the public to hold government accountable. However, in recent years, local agencies have seen a sharp rise in both the volume and complexity of public records requests, along with a decline in key revenue sources that once offset these costs.

What would the bill do?

Under existing law, agencies must determine within 10 days whether a request seeks disclosable records, with a possible 14‑day extension in unusual circumstances. AB 1821 would shift the number of days local governments have to respond to records requests from calendar days to business days.

This common-sense update reflects the operational realities of local agencies: Most public agencies do not have staff available on weekends or holidays. A business day standard ensures agencies have the full, intended number of working days to conduct thorough and accurate searches for disclosable records.

Why it matters

According to CSAC, local agencies in California have reported a 73% increase in records requests over the past five years, with over 90% diverting staff time away from core services to meet these demands. Modern government operations now generate far more disclosable records — including emails, texts, and internal messages — which require extensive searching, review, and redaction of sensitive information such as attorney‑client communications, personal identifiers, and medical or criminal data.  

At the same time, agencies have lost key revenue sources that once offset these costs: Proposition 42 (2014) eliminated state reimbursement for compliance, and a 2020 California Supreme Court ruling restricted agencies from recovering staff time or technical costs associated with producing records. As a result, local governments must absorb the full cost of increasingly time‑intensive requests.

An earlier version of this bill would have addressed this issue by allowing agencies to recover reasonable costs for exceptionally burdensome searches. However, the measure was amended as ongoing discussions continue.

What can my city do?

The bill now heads to the Assembly Appropriations Committee. Cities should submit a letter in support of the policy and in appreciation of Asm. Blanca Pacheco for taking on this challenging topic. To learn how to make your voice heard, contact your regional public affairs manager.