Support needed for co-sponsored California Public Records Act Bill

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

Lawmakers in the Assembly approved  AB 1821 (Pacheco) today. The bill provides an important, practical update to 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.

AB 1821 is now headed to the Senate for consideration. Cities should submit a letter in strong support of the bill as it moves into the Senate.

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.

To learn how to make your voice heard, contact your regional public affairs manager.