Question
The County of Riverside Environmental Health Dept. is charging $213 each for providing lists of generators, underground storage tanks, and other public records regarding the storage and use of hazardous materials. The total charge for the six lists is $1,278.00. The County Attorney will not waive the fees, stating they were established by the Board of Supvervisors. What can be done to obtain the records at a reasonable fee?
Answer
Under the Public Records Act, public agencies must provide copies of public records “upon payment of fees covering direct costs of duplication, or a statutory fee if applicable.” Govt. Code section 6253(b). Counties may be allowed, by statute (Govt. Code section 54985), to charge fees that exceed the “direct costs of duplication” for copies of certain documents, so long as the fees do not exceed the amount reasonably necessary to recover the cost of providing the copy. 85 Ops. Cal. Atty. Gen. 225 (2002).
Section 54985 provides that if any person disputes whether the fee or charge levied … is reasonable, the board of supervisors may request the county auditor to conduct a study and to determine whether the fee or charge is reasonable.” In addition, Government Code section 54986 requires that for fees established after 1983, prior to any fee being set under section 54985, the Board of Supervisors “shall” follow a formal process that requires, among other things, a public hearing and the public distribution of data indicating the amount of cost required to provide the product or service. Also, any action taken by the Board to levy a fee must be done by ordinance.
Given the amount being charged for the records at issue and the procedures that must be followed before such a fee is set, it may be possible to challenge the amount of the fee the county is seeking. Alternatively, keep in mind that you are entitled, under the Public Records Act, to inspect these documents free of charge at the county’s offices.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.