I. How are fees for electronic records assessed?

If produced in an electronic format in which the agency holds the information or in a format used by the agency to create copies for its own use or for provision to other agencies, the cost of the record is limited to the direct cost of duplication. Cal. Gov’t Code § 6253.9(a)(1)&(2). If required to produce an electronic record that is produced only at otherwise regularly scheduled intervals or would require data compilation, extraction, or programming to produce, the agency can require the requester to bear the cost of producing the record, including the cost to construct it, and the cost of programming and computer services necessary to produce it.  Cal. Gov’t Code § 6253.9(b); see also County of Santa Clara v. Superior Court, 170 Cal. App. 4th 1301, 1336, 89 Cal. Rptr. 3d 374 (2009) (discussing allowable charges for production of electronic records).