California Bill Would Let Agencies Charge Hourly Fees and Sue Public Records Requesters

Enacting it would narrow public access to records by imposing hourly fees for some requesters, limiting official response duties, allowing agencies to sue for alleged malicious intent.

Overview

The bill, AB 1821, passed the Assembly and, on Thursday, June 25, moved to the state Senate with late-session amendments that restored new fee and litigation provisions.
Under the restored language, agencies could label requests as “commercial” and charge roughly $22 an hour for administrative work and $66 an hour for professional review to search and prepare records.
AB 1821 would let any state or local agency sue a requester if the agency says the request was made with “malicious intent,” a standard the bill does not clearly define and which critics say would chill ordinary requests.
The measure narrows when the standard 10–14 day response timeline applies by tying it to specified or “designated” submission methods, giving agencies wider ability to delay or decline to process requests.
The bill is co-written by the League of California Cities and the California State Association of Counties and has drawn sharp opposition from press and transparency groups who say it conflicts with court precedent limiting fees and could prompt legal challenges if enacted.