Public Record Request FAQ's

The California Public Records Act (CPRA) was passed by the California Legislature in 1968 for government agencies and requires that government records be disclosed to the public, upon request, unless certain exemptions apply. Please see the California Attorney General’s Office Summary of the California Public Records Act (pdf) for additional information.

Government Code §7920.530 defines a public record as “any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics." The Bay Area Air Quality Management District (BAAQMD) respects the public’s right to access records created and maintained by BAAQMD in the course of normal business.

Please ensure that you narrow your request to that which reasonably identifies the desired records that BAAQMD may have in its possession in order for staff to more efficiently search for and promptly provide responsive documents. 

The CPRA does not require creation/preparation of a record or document that does not exist at the time of the request. Additionally, certain categories of personal information and records are exempt from disclosure under the CPRA. Other laws also protect individual privacy interests and other propriety information from disclosure.

Requests for public records can be submitted via our online portal, in person at our office or regular mail.  For more information on how to access public records or if you have any questions regarding our privacy practices, please contact our office at 415.516.1916.

To make a focused and effective request, complete the form through the portal with your information, a description of the public records sought, a time period for the records, and the facility information, if applicable.  

If you don’t have a facility name, you may make your request with the address only. Please note, it must be a complete address.  The District cannot address search by APNs or cross-streets.  Each street must be submitted separately but multiple street numbers on the same street may be submitted on one request.

Incomplete forms may delay the processing of a request.  You will receive a confirmation email when you submit this form.  If you do not receive confirmation within 24 hours (check your SPAM folder also), please contact the Public Records Department at 415.516.1916.

Remember, a record must be already existing, identifiable, and not subject to an exemption from disclosure pursuant to Gov. Code, § 7922.000 (formerly Gov. Code, § 6255).  Bay Area AQMD will acknowledge having received your public records request within ten (10) days of receipt.  For further information, please review the Records Management and Access Policy (PDF).  

You can edit your request within 24-hours.  Instead of submitting another request, email publicrecords@baaqmd.gov, and we can make the necessary corrections.
 

Anonymous

Any person has the right to request access to public records without being required to provide personal information. This means you are not obligated to submit your name, phone number, or any identifying details in order to receive the information you seek. We recognize that your privacy is important, and we ensure that you can exercise your rights to public information without compromising your confidentiality.

At Bay Area Air Quality Management District, we are committed to maintaining transparency and upholding the public’s right to access records while respecting individual privacy. We understand that some individuals may prefer not to disclose personal information when making a request for public records, and we fully support this right.

To further support your privacy, we allow and process requests that are submitted anonymously.  However, anonymous requesters must provide contact information (such as an email address) for correspondence and records release. Anonymous requests are treated with the same priority and attention as those with identifying details.

While we may request contact information to facilitate communication or clarification on your request, providing your name or address is entirely optional. We encourage you to include only what you feel comfortable sharing. Our goal is to foster an open, transparent environment where the public can easily access information while feeling secure in their right to privacy.

The Air District provides access to all public records except certain records exempted by law. Exempt records include investigative records, drafts, confidential legal advice, trade secrets, certain litigation records, most personnel records, and any other information that may be kept confidential under state or federal law.

The Air District may charge the direct cost of duplication when it provides copies of records. When staff must compile electronic data, extract information from an electronic record, or undertake computer programming to satisfy a request, the Air District may require the requester to bear the full costs, including staff time, not just the direct cost of duplication.

No.  If you are working on behalf of a facility, the facility should send an email to their permit engineer informing the District that all documents (including trade secret records) may be released to you. 

In addition, any individual may request access to public records in person without having to submit a formal request or provide identifying information. Our office will be happy to assist you on-site while ensuring your right to privacy.

No.  The Public Records Act (PRA) is intended for third parties requesting records. However, if you are employed by the facility and need copies of your applications, you can contact your engineer directly, and your records will be released to you without needing a PRA request.